The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-05-25
EXECUTIVE OFFICE,
STATE OF TEXAS

Hon. T. II BInRer, Speaker Qt the HouSe or
Representatives.:
Sri have the honor to transmit here
with, for the consideration of the Lcgisla-
ture, report to the Executive from Hon.
o. NJ. Roberts, Chief Justice of the Su-
preme Court, showing the operations of
that tribunal since February l, 1874, the
amount of business transacted, number of
cases disposed of, etc, and that remaining
uudispnsed OF on the docket now.
The facts stated in this report are com
mended to the Legislature as of the first
importance to be properly understood and
appreciated and gwen full force in the re-
organization of the judicial system of the
State. 1t will be perceived from the re-
port that since February l, 1874, the date
of reorganization of the Supreme Court
under the constitutional amendment then
Just adopted, the number of causes left on
the dockets undecided have increased about
one hundred annually; the number found
at that date on the dockets being four hun
dred and ifty-seven, and the number on
the docket on the fifteenth of this present
month, after deductlng those over which
the Appellate Court has jurisd Iction, being
seven hundred and seventy-nine. Abou;
six weeks time remains to complete the
laboIs of the Supreme Court for this fiscal
year, and assuming that seventy-nine cases
will be disposed of, there will remain sew
en- hundred cases undecided. More than
half of these cases are stated by the Chief
Justice to involve or pertain to the title to
land, and are the most difficult cases before
the court, many of them having been passed
because of the difficulty of arriving at sat-
Isfactory conclusions. Taking into consid-
Grafton the character of the cases, it is be-
lieved, if five judges were on the bench in
stead of three, that TO dispose of these sew
en- hundred Cases would require two
years of hard labor With only three
Judges still more time will be neces-
sary. 1t is also believed that u
diminution of the bench from five
Judges to three will be an offset To the re-
lief which has been expected from the
Court of Appeals, and that the Su ,reme
Court, thus weakened in working force,
will hereafter be even further behind than
it has heretofore been, since with increase
of population and growth of the country
the business of the courts is constantly in
creaslng. Commencing at least two years
behind, it is plain to be seen that the Su-
preme Court will constantly become less
adequate to a dispatch of the business of
the country, and, unless some remedy is
devised, that pracuchly the administra
ton of Justice and the law will be suspend.
ed as TO cases going to that court. The
citizen whose rights are withheld, who
must wait two years at least, and most
probably three or four, after experiencing
the delays of the lower courts, before he
can have an adjudication in the court of
last resort, will fail to see the efficacy of
the thirteenth section of the Bill of Rights,
which declares that ''* + ali courts shall
be open, and every person, for an injury
done him in his lands, goods, person or
reputation, shall have remedy by due course
of law" Many most valu lble rights per-
ish and become worthless in two or three
years. In such cases, under the existing
system, there is an absolute denial of JUS
tice.
The report of the Chiei Justice shows
several classes of cases over which no
court in existence under the present con-
stitution has appellate jurisdiction. Twen-
ty-four Gases of this character are now on
the docket of the Supreme Court. What
is to be done with them, and with Others
of like character constantly arisngl
The county is expecting Of this Legsla-
ture such action us will place all the de-
partments of the government in harmo-
nious and efficient operation, and neither
of the other two i, practical admInistra-
ton so nearly or vitality affects every citi-
zen of the Safe as does the judicial de-
partment.
Believing that the facts so clearly set
forth by Chief Justice X 5beIts should en-
ter into the estimate in your deliberations
on the general subj-ct, this report is re-
spectfully submitted.
RICHARD Coke
AUSTIN. TEXAS May Is, 1876.
To His Exec lency Richard Coke, -'sOyernOr of the
Ii may be Of interest at this time for the
other departments of the government to be
informed OF the condition of the bu-iness
IN the Supreme Court during your admins.
tratiOn, and therefore respectfully submit
the following statement.
Your obedient servant,
o. NJ ROBERTS,
Chief Justice Supreme Court.
FROM FEBRUARY TO July 81, 1876.
Numberof cases on docket on February I,
! 1874, 457; number that came in during that
session, ending July 81, 1874, 4I7-s74
number of cases decided that term after
February 1. 1874, $50; which left undis-
posed of July 81, 1874 -522.
PROM THE FIRST MONDAY or OCTOBER, 1874,
10 THE LAST DAY or JUSE, 1875.
Number of cases left undecided at pre-
vious term, 522; increase in the number at
Tyler, Galveston ard Austin, 70 June 30,
1875, 906--142S; number of cases disposed
Of At the three places. from first Monday
in October, 1874. TO June go, 1873, az ;
number Of cases left undisposed ot, 6S4.
FRoM THE FIRST MONDAY N ocToBER. 1878,
To THE PRESENT, ToewrF. NAY IS, 1916
INSTRUMENTATION o. xHE APPELLATE
COURT
Number Of cases at sad Of pEeylou.