The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-10-07
REMODEL THE JUDICIARY SYSTEM

We publish this morninga proposed sub
stitute for the present constitutional article
on the Judiciary, which we presume can
properly come under the head of an amend
ment. II is system that hrs been carefully
prepared after much study and no little OK
perience by adopts in the legal profession,
and at least merits deliberate considcTal n
by the members Of the bar of the state Ms
we'll rs by those who propose TO occupy seats
in tho next legislature. That our present
judiciary system must be rcmpdelcd, BE- ma.
tarially changed must be simpliled, in tho
interest of justice and economy
and efficiency by the seventeenth
legislature, there is no question. Not only
do judges and lawyers appreciate this fact,
bat litgants throughout the state have dis.
covered The fact, net few Of them to their
sorrow. The present system ms II whole, Is
too cumbersome, and under it 'tho laws
delays" are not only vexatious but they are
expensive, and they are SubyNsiye OF the
unalienabe rights Of persons charged with
oflenses who arc entitled under tho fundn-
mental laws of the land 10 speedy trials
There are cases in the supreme court that
have been pigoon-hoed there for years aud
tho same is true, to u much less degree Of
course, in tho court of appeals. To the
needy plaintiff who has meritorious case
that has been taken up on appeal by wealth.
ier defendant, the time lost In awaiting
action of the higher tribunals is ruinous
Aud to tho defendant in a criminal action
who my not BIO able or allowed to give bail,
it is an imposition that he should lie in ihil
month after month until The cycle of year
or mayhap two years has been compassed
aid which may ut last give him his re-
l,"se. These are some of the objections
10 some Of the evil effects OF the present ju-
dietary system but the objections aro so
numerous, 80 manifest and at the same time
50 urgent, that it is unnecessary in this article
TO give more. 1t is fact patent that
change must be made, and this point con
coded, it is work Of supereroga-
lion to do more than consider q
plan TO adept in stead OF the
ono in vogue. The system outlined
in the proposed now article to the constitu-
ton is one that commands itself TO the
thoughtful in many particulars. The plan
Of sub-divding the state into as many as five
districts, With an appellate court Of three
Judges in EACH strikes us Ms being not only
feasible, but as eminently good one. Each
one of these courts could certainly keep up
with the business brought before it tor adiu.
dication in tho nine months it would be in
session each year. But the question arises,
where tho necessity of supreme court
with these courts?" If there are TO be ap
peals from these courts 10 a supreme court
why not take the class of cases that can be
so appealed, namely, felony case, all lane
cases, and civil suits for over $1,000, direc,
to the supreme court, without tho in
termediate step of an appellate
court, with its consumption of tim,
and delay Or, again, why not let the de-
cision of the appellate court be final. aud
thus save to the state the expense of SUI
preme court, and to litigants the expense
fees in the court and the delay attondun
upon appeal to it In other words, unde
this system of five courts of appeal, is not
supreme court an unnecessary adjunct L
themS But we are not captious on this poin
il speedy decision can be had. The idea o
fixing the term Of office in these higher
courts at ten years, is not to us an objection.
able feature, for in our opinion. it will be ,
means of securing better class of Judge,
than short terms would, for the reason tina,
no lawyer oftbe ability and learning to com
mand good practice, desires to give
it up up for a two or four years
term on tho bench. A ten wears
term ia tantamount to life term, and Would
besides insure.sn increasing efficiency. w,
SEQ no reason why, if there should be su
preme court along with the appellate courts
there should be any difference in the salaries
A ditferenceoi 500 per annum is too small
tor consideration in the matter of compensa
uon by great commonwealth like Texas
ana Va very smallness makes Il appear n