The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-12-29
1pALLAs.F TEXAS.
WEDNESDAY MORNING ;;;; DEC. 30
"sOLUs" AND THE NEW coNsrITU'

"sOLUs" AND THE NEW CONsrITU.
TION.
a, "Solus,p In his communication OF
yesterday, raised two objections to the
Constitution which merit considera-
ton at our hands. The first was re-
spectipg the inhibition Of appeals from
Justices' Court where the judgment Is
less than twenty dollars
We conceive that instances would be
very rare In which this provision would
work hardship. 1t is true that cor
rupt justices, and "Solus" intimates
that there may be such, can perVert
this provision of organic law, and thus
deny to litlgants those rights which
the law intended TO accord them, but
may not other courts be corrupted NJ
well as the tribunals Of Justices of the
Pence2 five are to vote against the
new Constitution because courts are
not so hedged in as to be wholly unap-
proachable by the faint of bride or
prejudice, then we had just as well
makeup our minds to vote against any
instrument that human ingenuity and
human foresight could frame. An
ideal, perfect Constitution Is simply an
utopion idea, aud the very best that
humanity can accomplish IL to
approach as near AZ may be
to the realization of that ideal.
Justice will generally be administered
In magistrates courts, and should any
one of them corruptly deprive u liti-
giant Of the right of appeal, or even ig-
norantly do 80, prompt and efficient
remedies are not lacking. His bonds
men are amenable for his acts when
without the purview of law, and supe-
rior courts will always be open to hear
cause why he should be removed. So
that, should an accidental instance Of
corruption arise, 1t will not likely re-
cur should either of these effective
remedies be put In operation by the
sutton But may not injustice be done
in higher and presumably more intel
ligent tribunals? May not the Dis
trict Judge corruptly or through preju-
dice refuse to grant bail or u release
under manifest and overwhelming
proof ina case of habeas corpus? 1t
is absolutely within his discretion to
release or bail after n hearing. May
not a District Judge corruptly grant n
writ of injunction, and by fatal de-
lays and vexatious entanglements
cause the denial OF justice to the citi-
zen? Yet has organic or statute
law the power TO control this
discretion, which the very
nature of human society demands
should be logged with the Judiciary
Is it within the power of men after
comforting that discretionary power to
utterly inhibit in all men and upon all
occasions the wrongful exercise OF II ?
lit may have been wiser to have
framed that clause 50 as to have in
hibited appeals where the amount in
controversy was under twenty dollars,
and not to have limited appeals from
Judgments; but IL evidently was. the
object of the Convention to cut OIL those
vexatious appeals for petty sums
which men, influenced by passion or
spite, sometimes desire to prosecute
even to their own loss.
The second objection raised by "Sol-
us" in regard to the establishment Of
County Courts we consider hardly ten
able. The Constitution of 1915, univer-
sarily conceded to be one of the most
satisfactory instruments of organic
law under which u commonwealth
was ever governed, as well as the Con-
stitution of 1866, established pretty
much the same courts. Since this
mode of civil procedure was abolished
blythe Constitution of 1869 the dissat-
faction has been extended and pro-
nouhced, and the most thoughtful
sndexperienced statesmen and lawyers
'concurin tile policy Of re-establishing
the old regime.
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