The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-12-28
Now ConsilintLOn.

New Constitution,
10 tho Editor of tho Dallas Herald.
My last WAS devoted mainly 10 the
consideration ofthG Homestead proyis-
ions in the Constitution, against which
many other objections exist besides
those I mentioned, but diminishing "
with the rpmnrli that II h not The work
ollhe yoomanry, hard.ilstud Ha they are
sometimes called, but the doInga, and
tricky dolngs, Of the political demn'
gogura Of the State.
propose now TO say something OF
the ''Jud ciary Clause II IL claimed
by the father, or some OF them Of the
Constitution, that the present System Is
economical as compared with the ora,
and, therefore, Commends tseIf to the
people. The fact that nine District
Judges are dropped from the list IL one
item, but in lieu Of this there are
created one hundred and thirty-live
county Judges whose courts any one
can see viii be far more expensive 10
the people than the first county, 80
on the score OF economy the argument
will not 10 down. | have no
doubt the county as well Hs
other courts viii prove bcne-
decent to Dallas county as it will he
the mems Of cleaning our dockels,
The county commissioners are especial
~ commended and we hope our county
viii select her best men for the lirst
term at least and force them 10 serve.
Now for itJ objections. VwOSupreme
Courts are established, one called the
Supreme Court and the other the
Court Of Appeals. The former hay-
ing jurisdiction over appeals from the
District Court, and the latter oven
criminal cases as appealed from county
courts. You and may each have Il
case involving Que thousand dollars
in money, yours in the District Court
and mine in the county court, we are
not satisfied with the Judgments Of the
lower courts and both take IN appeal
you appeal TO the Supreme COnrl
while | can only appeal TO the Appel
late Court, and while the same ques'
ton of law Is involved in both cases
the Supreme Court decides IL in youl
favor while the Appellate CourI
decides it against me, thus establishing
two rules of law, or providing for ne
way of harmoniHlng. If this is e
continue, then parties having suits It
bring where the District and County
Court have concurrent jurisdiction, car
elect which is the best to sue in, or II
other words, have the drop on the
poor defendant, who aught to have
better sense any how than to get ii
courts. Then you say how could thi
be remedied, simply | say, 10y having
one Supreme Court with six Judges
and let the Chief Justice divide
the work, and in all cases O
sufficient importance let the wholt
bench decide them. The Convention
could, at least, have left the Legislator,
to change the system, if found imprae
ticable, hut they, in their wisdom, II
this, as well rs too many other mat
lers, saw fit to do it all themselves
They seem to have had Il very poo
opinion of the Legislatures herealte
to be elected in Texas.
Another objection: Section 10, of ar
ticle 5, provides that no case can b
appealed from Justices court unless
u Judgment has been rendered exceed
ing twenty dollars. The same section
gives Justices Of the Peace jurisdiction
in all civil cases upon contract wher
the amount involved does not eXceet
two hundred dollars. A great MANY
nice questions CT law may arise il
such eases, and all Justices of thu
Peace are not lawyers, even if the,
are bald headed, but no matte
what the error or wrong done you
by II misconcepti0n of the Law
upon the part of the Justice of tn
peace and though you may have two
hundred dollars involved, unless yol
get judgment exceeding twenty dol
lars, you can not appeal. / eau ina
CINE justices of the peace in som
counties | could name who woul,
make it point to give Judgments 70
twenty dollars only and make mouel
by ii for themselves and The defend
ants. The remedy for this would be Il
allow appeals in cases where tn
amount involved in the suit eXceede,
twenty dollars. Another objection
Ten or more wealthy and old countie
in this State are 10y this Constitution
placed at the mercy of carpetbagger
and ignorant negroes, some of whcl
at least in five years if left to their fat,
will be in worse condition than pooI
South Carolina to-day. III for NJ
other reason than to save these
old and now sufficiently oppresset
counties by their present negro su
premacy, | would have wished first
Judges to be appointed with supervis-
ion over, aud power to remove County
Judges and county officials for any
and all misconduct in office. Win any
one say that the Judi larry clause il
perfect? If not, then the Legislator,
is powerless to change il. Then what
shall he do-vote for no man for the
Legislature unless he will pledge him
self to amend the Constitution at the
first session of the Legislature.
SoLUS.