The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-09-24
COUNTY COURTS.

| HIsoWHcTo Will 10 lounu communication
signed "B," in which the writer takes issu
with the HERALD on its position as to county
courts. We will answer some of the argu
ments advanced by "B." Hc says they are
not expensive, and instances the county
court of this county in proof of his position
1t Is not necessary for us to repeat the data
given by "B" of expenses saved by the county
court of this county. They cen be seen in
his communication. We are happy to know
that "B' can make so good showing
for Dallas county, and we take it
that this very showing 'ustans tho position.
we assumed in our editorial On the Judiciary
alluded to by "B." Exceptions to rule are
always proof of the rule. The county court
of Dallas county has been and is still efficient
Why? Simply because this is Il populous
county, the fees of the court are considerable
and the commissioners court is able to allow
the judge good salary, and, therefore, first
class legal talent for the county bench is OBJ
'sinable But suppose the office of county
judge in Dallas county was not
worth exceeding $500 per Az
mum, is there lawyer at the Dsllas
bar who could afford to take the office?
Under tne law the position is not restricted
to a lawyer and any body is eligible, and we
would ask 3D." if he believes that a county
court can be Efficient, can be inexpensive, if
the Judge is man wi;houtlessl attainments
without any knowledge of the practice OF
the law Suppose a dry goods merchant or
grocer, ETC., for example, be elected county
Judge, aud civil suit is brought in the
county court on breach Of contract, and
the defendants lawyer files gem
eral and special demurrers? What
does such merchant know about
the law of contracts, and what idea has he
of demurrer? Would not every case tried
before such Judge have TO be appealed that
the parties TO the suit might get justice under
the law ? And in criminal cases, what would
such judge know about the law of evidence.
Ought the Liberties and the regulations of
people charged with misdemeanors to DO at
tho mercy Of such court? There are few
counties in the state, notably Dallas, Gal,
weston, Harris, Mcclellan and possibly some
Others, where the county court system
works we'll and is of advantage
but in q large majority of the counties of the
state tits hindrance to the legal machinery,
and as " b" says, some Of the counties, by
petition to the legislature, have had the iu-
risdiction of their county courts restricted to
merely probate matters. We are of the
opinion that 3D." is mistaken in the po,i.
ton he takes as to the jurisdiction of the
county court in probate matters. It is more
clerical than otherwise, for Irrigated probate
matters are adjudicated in the district
court, and a man Of good iudg-
ment and fair information can fix bonds in
probate matters, can pass upon the Justice Of
claims presented for allowance against an es.
tate, etc, and this is about all o county Judge
has to do in probate matters. "B" save that
twenty.sx cases have been taken to tho court
of appeals from the county court of Dallas,
and that only three of these have been adiu.
Dictated in that court. As the only civil
jurisdiction the court Of appeals has is in
the cases on appeal from county courts, is it
not evident that the civil docket
of that court must DO inn
mense when it has not had time to exam.
inc into tho law snd the merits of but three
cases out of twenty.six sent up from Dallas
county, And is not the immensely of that
docket overwhelming proof of tho inefli-
cheney OF the county court system as at pres
ent 1t obtains in Texas? Again we say, as we
said in our former article, lot the judiciary of
the state be remodeled and upon simpler
form, and lot the laws of practice, especially
in criminal cases, be reformed and amended,
and the state will not need three courts of
| final resort.