The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-01-30

The business of the Supreme Court
having accumulated until it was found
impracticable for that court to keep up
with it, the Court of Appeals was
created to give the necessary relIei in
the dispatch of the business. Il has |
not done so. For at the end of the |
last judicial term of said court, thir-
tieth of June last, there were over nine |
hundred cases left undecided in the |
Supreme Court, and over two hundred |
Ia the Court OF Appeals. This showed |
en- increase, rather than diminution |
of cases left undecided notwithstsnd- |
ing the diligent efforts of both courts,
working day and night for nine months
il the year. The leading objects of
court of last resort, should be, first, to
decide rghtfully; second, unity of &C.
ton, and uniformity of decisions; and,
third, a prompt dispatch of business
before it.
To accomplish these objects, re-
spectfully recommend that the Constr
tuition be amended so as to have one Su-
preme Court, composed of nine justices,
one of them being as now the chief
justice, with power by themselves
exercised at each term of forming
three sections, composed of three JUS
tees in each, one of which shall hear
and determine criminal appeals as long
as there are any during each term, and
the other two shall decide civil causes
by such division of them as may be by
them agreed Oh from time to time dur
ing the term. In each section con-
currence of all three justices shall be
sufficient to render judgment, with
the right given to any one of the jus
tices in any of the sections to submit a
case to the whole court, composed of
all of the justices present, when a ma
iority of those acting shall determine
the judgment. By provision IN said
amendment, the present justices of
both courts could be retained, and
three more elected by the first Monday
| in October next, 60 as then to take
their seats on the bench. With the
continual increase in the population,
wealth and consequent litigation, it
is not probable that fewer JUS
tees could ever promptly do
the BUSINESS, and if it should
so happen, an amendment of the Con-
stitutlon could readily be adopted re-
ducing the number. This unity of ac-
ton with power of division would be
less expensive than two courts, except
the increased amount of the salaries,
and greatly less than two courts and
commission, and it is believed would
be more satisfactory to the public gen.
orally. And as 1t is now evident that
something must be doue, and that
quickly, this is what l believe would
be best.
Another amendment of the ConsSitu-
ton that l respectfully recommend is
that district attorneys be appointed
by the Governor in each judicial dis
trict, to hold their office for four years,
removable at the pleasure of the Gov
ernor, and to be gwen the same salary
at the district judge, without any fees
of office. My reasons for this are:
1. That the district attorney is pecu-
liarly an executive officer representing
the State. And as the Governor is re-
CURED by the Constitution to see
that the laws are executed, he should
be given full control of the attorney
for the State, to enable him to do it,
and then he may be justly held re-
sponsible for it. AS it is now, every
district attorney and county attorney
in the State Is an independent execu-
tive officer, with full discretion as to
how he shall conduct suits and prose-
cutions for the State and as to whether,
in any given case, he will do it at all
or not.
2. That the district attorney ought
to be as good lawyer as the district
judge, which will rarely happen In the
elective plan, because there is a pre-
vailing and deep seated opinion among
the people, upon which, from long
habit, they constantly act in voting,
that the district attorneys Office be-
longs to some rising or clever young
lawyer, and that it should be given to
him to give him start upward in his
profession. The result is that, if he
succeeds, he soon leaves it, and if not,
the State continues to have deficient
officer not competent to defend It's IN
terest against more able lawyers en-
ployed against 1t. And, thirdly, to
give him such salary would be saw
ing of expense to the State. The
district and county attorneys now re-
} ceive from the State treasury for
the year ending August 81, 1878,
for fees, $3S, 40; for salaries of six
: district attorneys, $4,000; making in
all $41. 900. If all of the twenty-seven
: districts had had district attorneys, the
: amount would have been SOL, $40. In
addition to these fees and salaries, the
7 attorneys are allowed ten per cent. on
collections for the State. A salary OF
$4,000 for twenty-seven districts, with
' out fees and commissions, would
amount to $67, 500; if they were given
E a standing salary of $4,000, the amount
7 would be $54, 900. This amendment
] should abolish the Office of county al
torney as it now exists, it having been
found to be so clearly failure, with
an occasional exception, as not to re-
7 quire any comment to elucidate its inn
2 practicability. 1 respectfully recon-
I mend the amendment of the Constltu-
ton taking away from the county court
all civil and criminal business, except
that which relates to its jurisdiction
: as a probate court. The wording
+ of section %, of article 5, of the Con
) stitution, that gives the Legislature
the power to increase, diminish oil
e change the jurisdiction of that court,
: when considered in connection with
4 section Is of the same article estab-
T fishing said court, may be regarded as
=; not iustifying clearly the authority oil
the Legislature in doing this by the
e passage of law. This plan of estab-
3 fishing county courts has often been
tried, and has just as often failed tc
e meet expectations, and has been aban'
c doned after trial. Competent judges
? will not be generally elected. 1t is ex'
7 penslve in several ways, but especially
t in the allowance of salaries to the
e judges by the county courts, whether
rightfully done or not.
e IT the members of the Legislature
: will ascertain and collate the aggregate
: amount of such allowance they will
r find, it is believed, the amount greater
than that paid by the State to all oi
] the district judges. Therefore, if the
: transfer of Its business to the district
: court should double the districts
o the people would lose nothing
: in the expenses of the courts by the
i change, while they would gain much il
: the manner in which their cases would
1 be decided. II the Legislature should
desire to adopt an amendment OF thu
o entire judicial department in accord
: snce with the general plan presented
Il in that which was submitted to thu
: last Legislature, it might be modified