The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1904-09-10
AGAINST THE i AMENDMENTS.
Judge Allen BarksdaIe Advises Defeat OF
Proposed Changes In the state
Constitution, With One

Constitution, With One
| Exception.
Col. Allen Barksdale, the one armed
confederate veteran who was a candi-
date for lieutenant governor against
Hon. Jared Y. Sanders at the demo.
cratic primary preceding the last state
election, has written an interesting
letter to the New Orleans Times Demo-
erat in which he reviews the proposed
constitutional amendment relative to
courts of appeal in the country par
ishes and presents some cogent ar
gu1nents against its adoption. Col.
Barksdale is ranked among the best
lawyers in4Louisiana and has for a
number OF years filed the Office OF
district Judge with distinguished
ability, heiace there can be no ques-
ton as to his qualifications for dis
cussing the judicial amendment under
standingly and intelligently, and his
opinions are entitled to much respect
and weight. Incidentally, the Judge
advocates the defeat of all the pro-
posed amendments except the one pro-
yiding for an increase of the pensions
Of needy Confederate veterans. The
letter will well repay perusal, hence
The Chief J reproduces its full text
herewith:
7v RUsfon Tia. Anp 27 1914
To the Editor of The Times Democrat
There are several amendments to the
constitution proposed by the legisla-
ture at its last session that ought by
all means to be defeated MY effort
in behalf of so doing ought not to be
considered as egotism, because nv
great fear is that very little attention
will be given to what may say. Still.
it appears to me as duty to do all j
can In the direction of beating these
amendments. May / use your columns
in this behalf?
Let us see the condition 81 affairs
as TO the courts Of appeal as proposed,
and TO do SO we must look back
little. When the convention which
formulated the constitution OF 1898 was
convened, one great cry from the peo-
should be done away with. This de-
mand was based on the small quantity
OF work done by the court and the cost
of the court Under the constitution
OF 1879 there were five circuits with
two judges to each circuit, and each
Judge received $1,000 per annun. At
first the lower limibsof jurisdiction was
$500 and the highest was $1,000. Later,
by amendment, these were changed to
500 and TO $1,000. A. this time there
have been only l33 eases fled in the
court Of appeal since its organization
ip April, 1880, in this Lincoln) par
ish. Not more than 100 had been fled
in 1898. Take out Caddo parish and
this will probably be fair average
for the parishes in this circuit. This,
Of course, is an estimate. There were
ten judges of this court in the state,
besides two In New Orleans. Salary
$4,000 each per annum, aggregating
$48, 900.
Under the constitution of 1898
change was made. This change began
to go into effect in 1900, when one of
the two judges in each circuit was
dropped. The judge whose term was
to expire In 1904 was allowed TO go on 1
till July ! of this year. The supreme
court selected the places where these
district judges were to sit with the
circuit judge. This has been done now
for four years, and SO far as I have
been able to ascertain the district
judges have held their own with the
circuit judges in the fairness and corr
rectness OF their judgments.
The change alluded to above pro-
vided for three circuit judges in New |
Orleans and this provision will rem ain
whether the amendment for the country
parishes be adopted or not. Another
change was provided for in 1898, viz:
that after the LIST day Of July, 1904,
1.-THE courts OF appeal shall be com
posed OF two district judges, to be from
time to time designated by the supreme
court, and assigned to the perform
ance OF the duties Of judges of said |
courts of appeal. ]" These district t
Judges are to receive only their ex-
penses while serving as judges OF the
courts of appeal.
Under this provision the supreme
court has appointed the district judges
10 serve in the various districts. do
lot kaow two candidates for Judge of
he courts OF appeal who will rank the
,Wo district judges who have been as
signed to this district, viz: Judges Bell
and Watkins.
This plan hes been tried only as far
Us stated, but why not let Us try 1t
, while and see how twill work? All
he lawyers who have up to this time
,een nominated for district Judge, that
know, are the equals in every par
ocular OF those lawyers who are can
lIdates for positions On the bench of
he courts of appeal, and we can get
heir services for much less than S24, 900
Ter year. 1t any OF the district
Judges think &hey are worked too hard
~ being on these courts of appeal
let him pour it back in the iug'' and
Fe will lind somebody TO fill his place
md do the work without murmur.
II will be well also for the people to
ook back upon the plans tina were put
n motion, in order that this amend
aent might be adopted by the legisla-
ure and submitted to the people. Al
hough the constitution of 1898 had
cen In existence only four years, the
legislature submitted an amendment
lmost exactly like this one and it was |
oted down two years ago by an over ;
helmlng majority. But this will not ,
o. It is hard indeedn to give up
lis beautiful and well-paying Office,
hich lawyers only can fill. $
just about the time the legisl ature} /,
let last spring, there was call for !,
ldges to meet in Baton Rouge and !,
onsider as TO what changes should be
Iade in the judiciary system. A few {
ct. A plan to amend the constitu- !
on with regard TO the courts OF APP