Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-07
TEXAS.


Involved.
Correspondence Of the Union and American.
AUSTIN, Texas, Dec. 90, 1S73.-For
ten days the Supreme Court of Texas,
now in session in this city, have been
engaged in trying one of the most nota-
BILE cases ever brought before any of the
courts Of the country. In formerlet-
ter | wrote you that the Radical party
IN Texas took the ground that the late
election for State and county officers,
and for members of the Legislature
was in conflict with the constitution
and therefore void. 4 short time after
the election, Antonioi Rodriguez, Mex
lean, was arrested for voting twice in
the county of Harris. The case was
brought before the Supreme Court by
writ of hGbsas corpus. Counsel for the
prisoner moved his discharge from the
custody of the Sheriff, on the ground
that there was no offense committed In
voting twice, as the election was held
without the authority Of the laws of the
State. Counsel for the prosecution,
also, moved the discharge of the pris-
oner, because he had committed no Of
Tense, as the poll books for Harris
county show that the prisoner only
voted one time. One of the strange
features Of this case IS the fact, that,
IN the commencement OF the case the
counsel for the defense and the coun-
sci for the prosecution. asked the court
to discharge the prisoner. But, as the
learned counsel on the side of the State
wanted him discharged because he did
not vote but one time, the Defendants
counsel Will Rot agree 10 his discharge
until the court viii put 1t on the ground
that the election was held contrary to
the constitution Of the State.
That part Of our constitution which
has occasioned the trouble reads thus:
Art. 3, Sec. 6. All elections for State,
district and county officers shall be
held at the county seats Of the several
counties, until otherwise provided by
law: and the polls shall be opened for
four DAYS. from 8 o'clock a. NJ. until 4
O'Clock Of each day" The Legislature
passed an act creating several voting
places in eaah county and limited the
time Of voting to a single day. The
Governor approved the act and Is
sued his proclamation for holding the
election, reciting the portion relating
to time. etc. In accordance with the
proclamation the election was held.
The case attracts a good deal of inter
est. The lawyers become very per-
sonal, the Judges talk about the dignity
of the court and the Mexican prisoner
is the only one IN the court room who
seems perfectly UncOncerned about the
fuss. In the midst Of the excitement
some one said to him, Are you scared?
He replied, No, senior, me all right"
No doubt Of the fact that he is all
right. as It is pretty well ascertained
that his wages, for attending court as
. prisoner, is more than he can make
In two months as a hireling.
Many members OF the bar try to get
their clients out Of a scrape on account
OF a flaw IN adjustment, or some tech
nicality, but prisoner counsel in the
case now pending here, sc0rn any such
proceedings and have determined that
he shall 90 to jail and stay there until
10 paws the penalty Of his crime, or be
discharged by the court because the
act of the Legislature is unconstitution-
al. and the late election void. This is
new departure" taken by some Texas
lawyers.
There is certainly a very grave gram
mar question before the court, which
has bothered the brains of Texas law
yers and the Supreme Court of the
State, and may yet get us into very
serious difficulties.
The Scotch poet, Burns, must have
witnessed in some court room a similar
discussion on government law, when he
wrote
What's a v0ur i3TgOn o your schools,
Your Latin names Tor horns an stools;
II honest nature made You fools,
What SiiTs yOUr Cramnars?
Ne'd better ta'eu up spades and shoots,
or knaDpin-hammerS
There can be no doubt but that the
case Is a fictitious one, and those of us
not versed in!law, thought the dignity of
the court would have been maintained
by dismissing the case and bringing
before them some one for contempt in
attempting to practice a fraud 50 pal
pable. The prevailing opinion is that
the Republican court viii declare the
election void. But who can tell what
will be the verdict Of petit jury or
he decision of Texas court?
Yours.