The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-02-20

viii change the course OF decisions in
the Supreme Court from that in the ia>t case OF
Rogers vs.. Johns, in which the RICH OF appeal
is oenitd, remains 10 be determined, waen case
shall aris. under the act OF lSs6.
This question was incidentally referred 10 IN
the opinion OF the Supreme Court. as well as in
the dissenting opinion, IN the case Of er Parts
Towies, reported il IS Texas Reports, pages
4s5-6 ard l43 5. Ii is certSin, however, that
VI der the smended set OF ls16, section ,, cases
may arise OF trial in chambers of a contested
election by district iudge. IS WAS done lsteiy
by Judge John c Robertson in Smith county.
wherein there Nsonld be decision Of a case oi
contested election in which an appeal would not
be entertained by the Supreme Court, for the
Supreme Court has decided that il could not en-
terrain an appeal in case from \ decision Of
the district court rendered in chambers.
1.-THE decisions OF the Supreme Court are ex-
amined from the earliest days down TO the present
time II will be found that the laws relating
10 the contested elections, so far as they
require any action OF the courts, have been,
and are now shaped so as 10 cngendcr difficult
ties and doubts, as to the proper mode OF con.
structicn and OF action under them.
therefore respectfully recommend careful
revision OF the existing laws, relating 10 con-
tested elections in reference TO the decisions OF
the Supre-Ae Court, and that they be so shaped
that the action or the courts in relation thereto
may be plainly expressed, and defiLed in such
way, as that the courts can perform what is re-
quired OF them consistently with their powers,
accordi ng tothe Jurisdiction COME red upon them
by the Constitution; and if il is the pleasure OF
in such cases from the district 10 the Supreme
Court, that the right be plainly and EXPIRE y
conferred by statute, and that such appeal when
taken be return1ble forthwith TO the Supreme
Court, wherever it may be in session, and
therein have precedence oyer all o'her cases, &c
that there may be no delay in trying The same.
Ifsuch law should be passed now, being q
law relating TO the remedy, the parties inter
ested might have the appeal brought up to the
Supreme Court during its present session o
Galveston, or Austin, and determine so rs Il
he ~ ha fhsar n
il or by dismissing il for want OF jurisdiction
10 try 1t. The great and leading object of law.
relating to elections, and TO contested lections
is to ascertain the will of the majority of lega
voters as expressed at an election, and unles,
the laws are plain and full in every particular
and are so shaped that each officer, tribunal anC
court required TO act therein can constitution
ally perform Whist is required OF them, and il
the w5y that IL is required there Is no certainty
that such leading object will be attained. The
principle upon which the democratic republi
can Institutions OF this country is based ];
that the majority shall rule; and il by resort Il
| the courts for their interference or BY
| the uncertainty or inadaptihility OF IN,
| laws relating TO elections and to contested
| electi ms the will OF the majority may be per
| verted defeat ed, the foundations of free gov
eminent are undermined. The confidence q
| the people in them will be destroyed, and Clli
mately force Will Iaze The place of peace ant
order.
The time was when men would scorn to bel,
an Office, knowing that it was contrary to III
| now in this day of judicial writs and returnir:
| boards, even good and honorable men may b
found willing 10 hold Office under such circum
| stances upon the principle that great good at
| tanned ju: titles the means of attaining iI.
In this changed spirit of the times the law
should more carefully and explicitly define all o
| the means by which the will OF the msjorir
| should be certainly and speedily ascertained.
o. NJ. ROBERTS.
Senator Stewart moved that th'
message of the Governor be referred
to special committee of five Senators
Senator Edwards moved to amenC
the motion OF Senator Stewart by add
ing that 500 copies be printed, which
amendment was accepted by Senator
Stewart and the motion, as amended
was adopted.
The President appointed OF sale
committee Senators Stewart, Buchau
an. Patton, Edwards and Swain.