The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-01-26
AnInproved Judiciary system.
Jurisprudence of the Herald.
ArsrTN Tom 10 ~


AUSTIN Jan. %, 81
In a conversation held a couple Of ee.-
mos ago with Governor Roberts ut the exec.
ptiye usnsion after tea, be, at my suggss-
lion, outlined TO me his views on the subject
Of the judiciary system. lie inleade shorsly
to SEND message to the legislature, setting
forth those views, aid as they viii in the
main be most probably adopted since they
reflect. IS far as have bocn able 70 arm
from conf rencas with the mt mbers of the
bar here and in Dallas the prevailing idea,
Itrspsmit them to eur rosders, If [ have
failed beroin to catch his exact views or do
err somewhat in this reproduction now. it
mus. be remembered that am not a law
YER but purely an editor handling LEGAL
techincalities and terminologies, but Won
are assured that have them substantiSllv
accurate. Some two months since
tbO HERALD published a proposed series Of
changes, and few days ago | forwarded 10
YOU bill which had been Submitted. The
govornor's views are pretty much in con-
fOrmiiy with those.
ItisknOwn to practicing attorneys that the
judicial systems of most Of the states were
essentially transferred hther from Great
Britain, and rs they have subseryed q GOOD
purpose it might be we'll to still COPY their
recent changes aud improvements.
Thegovernor thinks that our
DISTRICT COURTS
should be court of general jurisdiction,
covering the whole ground of judicial pro-
ceedings so fully that there could never bs
want Of Jurisdiction in il claimed except
whereit could be shown by express limits-
ten that 1t was certainly given to another
court, IL should have a supervising control
ever al inferior courts, and its adiudieations
should be subject TO appeal to court Of
last resort. pheae district courts. he saws
should be so organized over the state MS ts
be able to cleSn each its docket and isil nj
each session, if possible. And to this end
special judge might be appointed 10 repre-
sen! tho regular one whsa of on other
courts, 50 as TO clean up unfinished ou,igess.
The special appointment Of lawyers TO try
cases ia which the judge is disqualified is in |
eject the ssme thing rs now proposed by |
the ov0rnor, under a constitutional provision |
for the purposes as above.
TEE JUSTICES COURT
should in tie Jurisdiction. b5 small and nlgin.
" eelluel, h0th in its civil ana its crimiDsl |
matters, and without, appeal except by GER
hoIarI or other writ, but the district court |
judgment thereon should be- faai.
IAe governor very prep rly observes that !
ne supreme court IS not the imposed great
c9ufl i, Is assumed 20 be, being merely su-
rergi!Ing court, bat thst tho district court Is
indeed tho great reservoir of public Justice.
TOO real center of the system Of the judicial
oigul2alon. Now, 10 accomplish good re-
flIS, he urges that The legislature stould be-
given large powers 10 facilitate the Judges
IN lReir work, iud they aAoad not DO hahn
Pared by unbendlng constitutional limits-
ton.
THE sUPEEAE COURT.
This shoald have chief Justice snd rins
sssocato justices with power 10 mako three
sections, zach alternately to be presided
over by the chief justice, IN the tril OF
@usss civil aad criminal. Ne SAYS that the
smouui Oh labor now 10 be done is enormous.
lnd tlAt tda health Of the JUDI es will break
down under the heavy pressure, and thew
houIdAaYe moro time and better opportunir
aa' 10 perform the duties imposed on them.
Ia the matter of sections, these may be SO Ar
nm % as TO call into aotion the whole court
10 case Of necessity or desire. 60
a. to preserve uniformity of decision.
The EXECUTION OF TIE CRIMINAL LAWS.
p be Best attained the first great necessity
BIO procure able and efficient prosecuting
Mtoru0ys for the state. Criminals genstally
employ tbe very ablest counsel and tho state
aould do the same thing; if thoy can afford
p pay moneys freely to escape conviction,
Inc state surely ought 10 be Just as able to
Contend against his efforts sind thus have fair
showing IL those criminally charged are
unable 20 procure defense, the state ought to
aPpolnt goad counsel for them, to be met
by just as good. The trouble fire.
Pently is that inexperienced young
men arc tsO oten put into position
and are overwhelmed b. tho superior
ldroitnoss Of the defense, and thus the state
i disgraced and justice outraged. The nore
July to accomplish good results, the gov.
GnOr says tbs. he will recommend that pre-
vision DO msdo for the sppointmest and re =
n0vgl of district attorneys in every district
IN the state, and that they be paid y salary
equal ts that of the district Judge, and be
allowed no fees except commissions on GER
IAN collections not oven in criminal cases.
The object Of this Litter is clear, and the in
tent does credit 10 tho head and the heart of
TIE governor, viz; That the attorney be in
iae position Of an impartial judge, as it we're.
Ne Is a state officer, and ahsuld not he af.
iseiel by local prejudces or other influences
man eyen-handed justice done, and he csn
ana will be tau;, il appointed.
Win such provisions us these, we will have
lever poor boys and uDlucky men, and more
te.lal Willul Criminals in the penitentiarv
THG PACKING Of JURIEs.
This is another evil cha. o.. rs urdor the
Present system, and taa e.--. 'sas and
appreciates It's full foJoc III what osn be
zone TO prevent it, is the gresl question pre-
selnnug Itself for solution; but ha will insist
Oa Inc legislature endeEvoring TO frame some
sslaotmsnt TO abate if not wholly remove the
uVlols Heretofore sympathy in favor of
" prejudice against, tho prisoner has besn
Ssea 10 exhaust the specisl vanire Of drawn
iWlea sud This ought to 30 better regulated
nsono way or smother.
PRsGPT ARRESTS.
In order to effect shis, he thinks that there
ought ~ be law authorizing tho sheriff of
sses county to provide himssle with a BODY
OF oOilitla, gWorn in as pesos ofilo.r, 10 ba
appointed by the county commissioners