Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-02-17
rhs Convention.

10 DO, among the ehAhtes l'"P"''n A''
some Of the most radical character, and
which will require an immense amount OF
careful consideration by that body, II they
are attempted,
One correspondent u the Houston lels-
graph make, the following propositions
Tho Convention should, in addi'
ton 10 his present duties, conicrup'
ON the Chief Justice of the County
Court civil jurisdiction in all cases,
except those involving title TO land,
whcrc the amount in controversy
does not exceed i've hundred dollars,
with the right OF appeal TO the DIS
trict Court--thc decision OF which,
in all such eases OF appeal, should be
tinal, and in eases Of delay, ten per
cent. damages should he awarded
by the appellate Court, He should
have original jurisdiction Of all pet
it offences and miSdomcanors less
than ielony-thc appellate jurisdic'
ton al the District Court in such
cases being final and absolute. lilo
should hold his terms quarterly tor
the discharge OF these now civil and
criminal functions. He should
have n good salary, fixed by law,
such an one rs would command the
very best legal talent; and it should
be provided that the officer should
only be holden by one learned in
the law. Litigants and offenders
before him should have secured to
them the right of trial by jury
His court should have final appel
late jurisdiction OF all cases of ap-
peal from Justices Of the Peace,
with the power to impose damages
in all cases Of delay, or Of malicious
and vcxatious actions or appeals.
Even it tho powers and duties
of the Chief Justice Of the County
Court are not enlarged and extend
cd, the office should be better guard
ed and provided for than has hereto
fore be IN. 1t is too important and
responsible to be held by ignorant
and inefficient men, though never
SO honest and upright. 1t involves
the most difficult legal questions,
upon tho proper and satisfactory
solution of which depends the due
administration of justice between
the living and the dcad-the child
who cannot act for himself, and his
guardian, whose own business care
may cause him to forget, or neces-
stiles to convert, the interests of his
ward" ......... ...
Another paper, the Austin Gazette says
I that "thcre is q general desire among the
people 10 see the Constitution changed so
as to have the Judges appointed either by
the Governor or Legislature, instead of
elected by the people" And on the same
subject, the Gonzales Inquirer, in an able
article, holds the following views, which We
believe to be correct:
"Wo believe all representative Of
fees should of right be filled by pop.
ular election; but the Judiciary
and the officers connected with it,
are not of that class. The people,
in the main, select as good Judges
as the Legislature might; nor is it
80 much their discrimination We
distrust, as it is the incumbent, thus
selected, that we fear-open rs he
is to the cajolery, fattery and influ-
enccs of the hour. There are men
who can neither be driven nor won
into a sacrifice OF their duty; but
experience teaches us they are not
numerous. A zeal for the firmness
and efficiency of the Judiciary is
not, we hope, in conflict with zeal
for the rights of tho people. Histo-
ry teaches lis the latter has been a
moro certain road to despotism than
the former; that more men, over.
turning the liberties of Republics
have begun by obscquious flattery
of the pcople-commencing dema.
gogues and ending tyrants. We dc
not think that our rights as citi.
zen are abated one jot by clothing
the Legislature with the power tc
appoint Judges, by transferring il
from tho ballot-box. Experience
the best guide Of human opinions
shows that when men are to hold
offices as long as they are worthy
and capable, and no longer, they
will strive to merit continuance
in their places by an increased yea
and efficiency in discharging theil
} duties. 1t is said that n change
} from the ballot box to tho Lcgisla
) ture, in the appointment Of Judges
) is liable to abuse but this objection
is greatly lesscncd by the reflection
that the Legislature itself is select
: cd by the people; indeed this viii
cause us to scrutinize more closely
, those presenting themselves for thai
body. The mode Of appointment
whether the tenure be for good be
havior or for a heightened term o
years, will secure entire indepen
dencc and impartiality, and beside
securing these ends, will lessen tn,
number of elections. The tempta
tions arising from hopes and wishes
Of the incumbent for reelection
will not exist-a source of mucl
: evil in other States. We belicv
. the change will also bring out al
order of talent and capacity, an
men will aim at that degree OF iii
mes which will invite the respec
and attention of the Legislature"
I. While we believe that there are man
clauses of our Constitution which deman
change and among them none more SO tina
!. that in regard 10 the Judiciary, still we al
e not prepared to advocate the adoption Of an