The Lafayette advertiser. [volume] (Vermilionville [i.e. Lafayette], La.) 1865-19??, 1904-10-05
Resolutions Of Bar Association.

RESOLUTIONS OF 00f ASSOCS81sOsSe
The undersigned communities sp-
pointed by the bar of Lafayette
parish t consider the judiciary
amendments and those connected
Herewith, beg leave to report that
they recommend to your favorable
consideration the proposed amend
ment to the present Constitution maxi
ing the judges of the Supreme Court
elective by popular vote. From the
experience of other States and what
they know of the history of this State
your committee believes that the
election of the supreme judges as we'll
as the election of the other judges has
given much more satisfaction wher-
ever tried than has the appointive
system. For instance, in the State of
New York where the appellate judges
ire elected by the people, the judges
of that State r generally recognized
as men Of the highest character and
ability. In this State, your committee
point with pride to the time when u
judges of the Supreme Court were
elected by the people. Although We
have had very able judges on the
supreme bench since the adoption of
the appointive system it is a we'll
known fact that we have had none
superior under that system to those
who were elevated to that exalted
tribunal during the time they were
elected by popular vote.
Your committee also recommends
for your endorsement the proposed
amendment providing that in cases
of vacancy in the Offices of clerk of
court, sheriff, district attorney, and
judges, that the same be filled by
election and not by appointment.
This is the beginning in our State of
the movement now going on looking
to the restoration to the people of
their right of electing their own OFF,
GERS and to the c~urtailing of the ex-
ecutive patronage, which we hope will
finally result in the adjustment of
the appointive system.
In regard to the Court of Appeals
your committee thinks that q review of
the organization of that court under
the Constitutions of 1879 and 1898
would be proper. The Court of
Appeals as organized under the Con-
stitution of 1879 had several objec-
tionable features. As then consti-
tuted the Court consisted of two
judges for each circuit. There were
five circuits in the country parishes,
each circuit having an average of
about twelve parishes. These judges
were required to hold two terms of
court a year in each parish with no
provision of law requiring them to
remain at their sitting places until
the cases were finally disposed of. It
follows that having about t%wenty-four
terms of court to hold every year
they were kept going continuously
from one parish to another and were
not able under the system then pre-
vailing to remain sufficiently long at
the same parish seat to make final
disposition OF the cases appealed to
them. Under this faulty system re-
hearings were often fled and not
passed upon until it was possible for
the court to reach them at some other
term in their circuit. Under the Con-
stitutiOn Of 1873 q attempt was made,
not to change the system, as before
established, but merely to cut down
expenses in our judiciary by having
the Supreme Court to assign two
district Judges for service as judges
OF the Court Of Appeals. Instead OF
being better the plan adopted by the
present Constitution has made things
worse. Under the present Constitu-
ton the district judges are required
to hold continuous sessions in one
parish during ten months if that
parish composes one district, or al
ternately during that time in the
different parishes constituting the
district, the two other months of the
year being allowed to them for vaca-
ton. Notwithstanding this require.
ment Of continuous sessions the dis.
trict judges are under the present
Constitution assigned by the Supreme
Court 70 serve q appellate judges.
Some are required to serve in three
and Others in as many as 1--WE parishes.
Having to hold two sessions . year
in oanh nanSah Aho aieA.Sns s,.a~oe L.