The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1915-05-07
THE EXTRA SESSION AND A CoNSTI.
TUTIONAL CONVENTION.

TUTIONAL CONVENTION.
One of the subjects included in the
call of the Governor for an extra SeS
sion of the legislature is the conSidera'
ton of the question of holding conSti'
tutional convention during the present
wear. The Louisiana constitution is a
constant thorn in the flesh both to the
legal profession and to the political in.
terests of the state. 1t is sort Of nec'
esSary evil. We cant conveniently get
along without it, yet it causes possibly
more political and legal confusion than
any other QUE subject Of our state gov.
eminent. Notwithstanding the fact that
at every meeting of the legislature the
constitution is loaded with from fifteen
to twenty five amendments yet it is eV.
er in constant and growing need of re.
pair.
Our idea is that the principal defect
lies in the fact that our present ConSttu
ton is no less than large body OF stat
uteS dealing largely with individual
and particular acts. At present it often
requires the best legally posted mind
to say whether a certain legal act is re.
uuired by the constitution or by some
statute. 1t often occurs that the conSti.
tuition and the statutes overlap upon
subjects. As a natural result of this
condition there is constant recurrence
of instances of Ton liCt between the
constitution and certain statutes, thus
causing confusion and endleSslitigation,
A constitution is designed to eStab.
lish the fundamental law. 1t is the gen.
eral law underlying the government OF
the state and should not treSpaSS upon
the functions of a statute by indVidu.
alizing a particular act. 1t should, of
course, create, define and distribute
the functions of the various branches
of government with the powers and
limitations definitely granted to each,
1t should guarantee to the citizen Ger.
tain inherent and inalionable rights,
and this is about as far as a ConStitu.
tion is designed to go.
1t occurs to us that on account of the
above suggested confused state of con.
Stitution and statute in order to frame
constitution along proper lines it
would be necessary to re- codify our en-.
tire system Of laws. A great many pro.
visions which are now in the ConStitu.
ton would have to be enacted into stat.
utes and many useless or overlapping
portions of the statutes would have 10
be annulled. For example our simple
Sste law comprises what is called
of practice, civil code and in
tion to these there are several
INNS of statutes proper, This cum.
Some and confusing and really bur.
snsome system of law should be sim.
plified and unified,
While we favor a constitutional con.
gention yet unless constitution shall
be framed upon general lines we can
not see that very much permanent
good will result. 1t is our idea that the
call for the constitutional convention
should be accompanied by the appoint.
ment OF commission whose duty it
would be to act possibly in conjunction
with the convention:and codify the laws
of the state simplifying and harmonic.
ing the same with the work Of the con.
vention and report the result of their
work back to the next regular meeting
of the legislature. There is no doubt
but that a great service could be done
the state along these lines.