The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1912-08-31

THE ISSUE WELL FOUNDED,
Letter Written Several Years AGO
by Henry Denis, Leading LoulsI-
ana lawyer, crIticises Mode Of
PREPARATION Of Decisions II,
Vogue IN State Supreme Court.
II mat the issue enunciated by Ed
\ ward Nichols Ptlgh in his platform
as candidate for associate Justice of
a SIhe supreme court, is founded on
4 Iact and presents a subject that de-
/ mands end should receive Immediate
attention, is further established by
the following strong letter written
i some years ago by Henry Dents, one
I OF the states most learned and
prominent lawyers:
Let it be understood ST first that
/ / speak OF The Institution and not
of the Judges. OF the latter, every
| lawyer IN Louisiana would say they
administer justice itnpartfaily, learn
edly and fearlessly. OF the present
members OF the court, ais well as
of their predecessors, back to i1s
Organization, J, no one would hesitate
go sal they are, and have been.
honest men, learned jurisconsuIts,
eonscien ntious and brave Judges.
3ut do they now, and have they
before rendered justice al fuIly, g.
feetiyely and perfectly sas @it shDiild &
and could be done under al di ferallts
process or mode .of pl ativn of
their decisions and Gems ifII III liens #
over them Tic answer III ilst be
gsative though the sgsliIf III not
theirs. Iii ssa1s sssa sB
shed Ili le ana
sesidIIsg iii iile eIll barg 4 ii y
ha III us 3 lia f4eaiis
the judge perso ;silss 70 great respect
and friendly consid liberation bel ieYe
they would be less exposed to fall 4
q lalto errors or oversig hts Ia the ex-
animation Of facts and the calculation
OF law, if they adopted the manner
IN which the judges of the supreme
court Of the United States proceed &.
n their installations and disposis
Cons OF cases. Iii that court. after
a case has been argued and sub
sn5lltted, the chief Justice assigns
day ! for the consultation over that
particular case. In the meantime
each siae Of the judges has
printed copy of the record. and he.
Is. TO Study the case for the purpose
ct the consultation, as he will be
called upon To express his opinion
OF It And SO, at The meeting of: the
Judges, the chief Justice calls flrsr
upon the youngest justice lyyossngest
IN appointment) !, and requests him Cd
express his opinion af The case
Then he passes TO the other Justices
in the same order and with the
same request; and finaIly he himself
expresses his opinion of the case.
The majority decide what the 1udg-
lnent as to be, and the chief justice
assigns to- one OF them the tasIs
ct writing the opinion Of the court.
When the opinion Is ready the Judge
who wrote It has it printed and en-
closes a copy of 1t to each of the
members Of the court, who may write #
his remarks upon 1t for another con- 4
sultation. The subject is then
again discussed and finally dis
posed OF by last vote upon the
case.
In that way, each OF the Judges
having q fill knowledge of the rec
ord, nothing can escape the atten-
ion Oh the court No prppogifion
of law, no citation Of authority can
1e overlooked. No portion of the
evidence can escape the vigilance
II The it11ges. might be said
his method Is expensive and this
node OF action fs slow The answer
q that is that cheap Justice may
lot be the. best, and that slow iua=
ice may be the safest
Why does The highest court in
his country 60 through all such
in deciding eases2 It
$ because the Judges. know that With
'ut these forma1ities no complete ius-
Ice can be rendered, and no rights
i ltisants can be safe. Iii is be-
a1lse they k6oW that, unless each one
i them has made an Investigation
i the record, they wouId only rel.
~ imperfect knpwledge Of III. oil.
eeond hand, From the one Judge WHO
writes the opinion Of the court. and
hat no man, however great his
'igllance. u infalllb1e III his exam
nation Of u complicated record
nd IN his conclusions over II. That
aicf iilfalIbifity does not exist, we
lave had instances III our own su-
RENE court to prove it. Once the
leeree was in direct opposition to
he reasons for judgment, and had
q be altered, fortunately before ita
inality Once an arithmetIca1 erpor
4 the decree could not be corrected
'eeause It was only discovered after
~ fInalty More than once there
las been q statement in the opiniora
# the court that I'M portant evidence