New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1910-05-28

S.atesteday is a system OF courts
and of procedure by which Athe
zlitig ant may find less 4castly Apt
more direct and expednious means
isaton.
4ss' For many years | have advoca at
ed the necessity saf ysuca amerM
ments to the organic and statu-
tory laws Of > the STATE ias, would
procure for the lItigant the b6ne-
Fl, Of direct and expgditi99qqs meth
DDS. '
In 1897 | took an active part in
the lawyers convention in Alex
anGria and at that time many in
dulged the hope that the consti-
.utonal convention of 1893 would
accomplish the needed reforms !;
but in this we were disappointed.
There was an cutlery Of the press
against any plan that would call
for additional judges or an addi-
tional cost to the State. This cry
of The press was not only heard.
but apparently needed , by the
convent n. and the Judiciary
system Of this State was impaired
in IFS efficiency by the elimination
of the Circuit Court Of Appeals as
then organized. 'n t''''''." ID"
| value most highly the bene-
ficent influence of the press upon
public questions; but | am new
ertheless Of the opinion that it
would best subserve the interests
of the State by leaving the Jude
iary question to the wisdom OF
the bar. which is so much better
qualified to deal with this import
ant subject. Fl ~ .,.' '' -'
The oft-repeated saying GA bad
compromise is better than good
law suit" is not without truth.
and as every lawyer knows it
finds its warrant in the fact that
costs and delays in litigation some
times results in the defeat Of JUS
tice. VI ''-.I "'' j."
+. It is wen known that our SUI
preme Court docket has been and
continues to be, in a congested
condition and the proposed plan
Nv which all eases appealed to
the Circuit Court may be taken
up to the Supreme Court on ap-
peal, would but aggravate the sit
ration. If this pan be adopted
what reason can be found for the
continued existence of our Circuit
Court. IF every ease invo. wing
less than $4,000 III amount is APP
rpealable to the Circuit Court and
every case which involves less
than $1,000, is made subject ito
another appeal or. questions OF
law, why not leave the Grcult
Court entirely out of'thiei scheme?
The Circuit Court is necessity
in our system. Tt was born of ne
cessity-and is in fact the poor
mans court, but if You make its
decisions appealable TO the Su-
preme Court. you strike downIthe
reason of it's exis enoe and make
it a way station. a kind Of train,
ing schoo, in which lawyers may
"spar"' in advance of the legal
battle which is to- be- fought out
in the court of last resort, and
thereby Increasing the cost and
delay. Our Circuit Court NAY.
sometimes err in its Judgment
upon questions Of law. BUT this
mis- fortune rs hot tiiknoWn to
other Tribunals ;lhoriis an error
upon the lawt4of the case, with
,oit remedy under our system as
sit|now stands. if the litiSantI sees
lfitlto invoke the supervisory pow
.ers of the Supreme Court,
This can be done III 'properscasl
ies with less cost and greater ex-
psdtion under the present Law,
than it could be done by an ap,
peal. which wouM nptNonlY add
I'd the ee6ngestef doMst ba% in
crease costs and multiply delays.
AN additional number of Judges
upon our Supreme Court bench is
now a necessity, and it requires
no increased burden to emphasize
this fact.
Allow me to suggest that our
law Of procedure should bellere-
vfsed and amended SO as to slmp-
lify pleadings and accelerate the
movement id all legal proceedings.
EThe" question Tia of Jurisdiction RAJ
tione personnae is at once the most
essential and the most defective
feature of our legal procedure.
sThis is especially trfeain regardd,
td9suits against Corporations, eth
ct foreign OF. domestic; in suits,
for damages arising ex contractu,
as;well as such as arise ,ex delicto;
when the latter cause of action is
not strictly within the rr1es oHl
tfespass under Article 165' OF the
eide of Practice as interpreted
by the Supreme Court.
| ut is my opinion that adj corr
pbrations even such as have reg
s6ered domicile in this State,
asrequired by Constitutional Art.
,@, should be subject to the jur-
sdiction of the District. CoArx. I'M
my parish. Of this State, wherein !
he cause il aetioh' MsesAwke4h-s
q the causes of action arise ex
.6htractu or ex delicate, and in
lie latter case, whether it arises
fom an act of omission or from
d aa ofycepR1sioM " sk
AND there IS 1D reason MAyAf