The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-05-30
DALLAS. TEXAS.
LEGAL MATTERS,

ilhi chhrHl hhu thht tn' llu'l, "lhV"l'
cases numbering seven hundred anil
Boyenty.iour have been passed and yet
remain undecided, some Of which have
been on the docket for four years, The
Chief Justice notes tile tendency Of
twcnty.four cases wifhom juri@iiciioa IL
any Court under the new Constitution
In commenting upon Judge Roberts
report the Governor says
The ihcts stated IN this report arc
commended 10 the Legislature M Of the
first importance TO be,properly under
stood and appreciated, and given full
force in the reorganization of the judi
cal system of the State, II will be per
q ceiyed from tho report. that since Fob
ruary !, 1874, tho date Of Reorganization
of the Supreme Court under the Constl-
tutional amendments then juHt adopted,
the number Of causes left on the dock.
cts undecided, have Increased about onr
hundred annually the number found
NJ that date on the dockcts being four
hundred and flty-sevcn, and tho num-
Dor on tae docket on the fifteenth Of
the present month after doducting those
over which the Appellate Court has iu.
risdiction, being seven hundred and
scvcntyninc About six weeks time
remains 10 complete the lhbors of the
Supreme Court Tor this fiscal year, and
assuming that soyenty.nnc eases will be
disposed OF, there will remain seven hun
dred cases undecided Moro than half
OF these cases are stated 10y tho Chief
Justice TO involve or pertain Ia the title
d 10 land, and are the most difficult cases
before the Court many of them having
boon passed because Of tho difficulty OF
arriving ut satisfactory conclusions.
Taking into consideration tho character
of the cases, il IL believed il five
judges were ON the bench in
stead of three, that TO dispose
of these seven hundred cases would ro-
quire two years of hard labor. With
only three judges, still more time will
be necessary, II Is also believed that q
diminution from the bench of five
judges to three will be on offset to the
relief which has been expected from the
Court of Appeals, and that tho Supreme
Court, thus weakened in working force,
will hereafter be even further behind
than IL has heretofore been, since with
increase of population and growth of the
country, the business of the courts il
constantly increasing, Commencing ut
least two years behind IL il plnin to be
seen that the Supreme Court will CON
stantly become less adequate TO dis
patch Of the business of the country, and
unless some remedy IL devised, that
practically the administration of justice
and the law will DO suspended as to
cases going TO that court.
The citizen whose rights are withheld,
who must wait two years Mt least, and
most probably three or four after OK
periencing 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,
~ all courts shall be omen. |
and every person for an injury done
him in his lands, goods person or
reputation, shall have remedy by due
corse Of law" Many most valuable
rights perish and become worthless in |
two or three years. In such cases, un-
der the existing system, there is on alb
solute denial ofjustice.
Witha view to remedy this condition of
affairs Judge Terrell has framed and in
troduced a bill in the Senate authoriz-
ing the Legislature to establish an indie.
pendant tribunal with final appellate
Jurisdiction. One of the most distin-
guished attorneys in Texas George
Goldthwaite, ESQ.,, of Houston is not at
all satisfied with Senator Terrell bill,
and while he Processes the highest re-
spect for the opinion of the Senator and
those associated with him, he fails to
find in the Constitution any warrant for
the establishment of such tribunal.
In letter to the Telegraph, commenting
upon Senator Terrells bill, Mr. Goldth.
waite remarks; l.
Let such such tribunal be called
by what name you will--that is court
OF final jurisdiction-it'sa Supreme Court q
and the Constitution imperatively de- /
clares the judicial power of this State :,
shall be vested in one Supreme Court.
submit merely as suggestion the fol L
lowing draft of bill, hastily prepared
which think will remedy the evil. 1t
may not be satisfactory to every one, but
is it not the best that can be done2 1t :,
IS at least liable TO no constitutional OBJ
lection" o
Here follows the bill which we com. 9
mend to the consideration of the law. u
'ers of north Texas: 81
A BILL u
. be entitled An Act to relieve the supreme
docket. "" '"o
SECTION |. BE IL enacted .6y he Le0;sl,- IN
Iue q The &dte Of 7Srds, That the Chief CIV
Justice and Associate Justices of the to,
supreme Court shall, upon the final 10,
assage OF THIS act nominate, and by tn
ND with the advice. and consent of the &C
enate, appoint six referees of the court fat
mo shall possess the qualifications pre- ba
crioed by the Constitution for Justices
! the Supreme Court They shall take
ne oath of office prescribed by the Con. r
lltution, receive the same salary allow ltho
d by law to the Justices ofthe Supreme bod
curt and be subject to removal by the Ina
upreme Court Should either Of the org
'ferees die, resign, be removed, or from son
ny cause fail to act. the vacancy shall ret
iilled by the Justices Of the Supreme an
curt tdse IS e - - str,
Section 2. The referees appointed yer
nder this act shall assist the Justices not
the supreme Court in the discharge cas-
their duties in the disposition Of the re-. rec
auses, IN the examination Of the records ~ ~
nd briefs OF counsel, and In the prepa. y, !,
alton Of opinions. ~ me-
Section ,. When the opinion in any s ~,
ause shall have been prepared by one SUI -
u 'he referees appointed under this act, de-