The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-01-26
G.vernor'. Message on The Judiciary
THE STATE OF THKAs, EXECUTIVE OFFICE,
AUSTIN Jan q, 1881.


Representatives.:
Ever since the adoption Of the present
constitution there has been a very general
dissatisfaction in regard to the organization
ofthe judicial department which hss induced
ths effort for its amendment by the legiaa-
ture at each regular session since that lins
The mOst proninent objection TO it is that
il provides for too many courts, and Too
great division of jurisdiction in such man
mar as not to leave sufficient discretion for
legislation in adapting it TO suit the wants of
the country. Ia view of tho expectation
that this legislature may also endeavSr to
provide for soma constitutional amendment
it, respectfully subnit the result of my
conclusions in regard to IT, In devising
system Of courts il is well to consider how
they grew up in England from which coun.
try we derive our laws mainly to meet the
wants Of tho country gradually, without any
statutes, enacting general plan for them.
There, in the course Of time,
the four courts of record, the
common pleas the kings bench, the court
of exchequU md tho court Of chRnc0rY
embraced gUDeysl jurisdiction, CONNER
surate with the great body Of the subjects of
litigation, .Rnd continued the centsr of their
system, with power vested in sono Of them
to regulate or correct errors in the proceed
ings in inferior courts aud tribunals, and
their Edjudcstions were subject, in some
shape or other, to an sppesl TO higher tri-
bunal of last resort, for the correction of
errorS. The same principle WAS transplsnted
into the judicial system of most of the
states, with snch ohangoa in the Or
gaDization az were necessary 60
adapt them to The convenience and wants
of the country. ProHtue, then, by the eI-
persnes OF the pact, our district court should
b. court of general jurisdiction, covering
the whole ground OF judicial proceedings 20
fully that there could never no want OF
jurisdiction ia it claimed, except where 10
could DO shown by express limitation, or d.
rection, that il was certainly given to another
coRrt. 1t should 30 given supervising corr
troll over all inierIar courts aud tribunals
wherein righLs are administered ia such
manner as should be regulated BY law The
adiudicaiions should be subject 90 appeal to
y sourt Of Last resort, under such regulations
and with such exceptions 40 should Tie pres
cribcd by law. Tbe jurisdiction Of tho Jus.
tees court shouid DO ANAL and plainly de-
fined, both in civil and criminal matters, and
there should be no appeal from IL, except by
cettioran or some other writ granted 10y ihH
district judge upon showing of injustice in
the decision, aud the determination thereon
by tho district cosrt should DO Gusl, ercout
under such regulations end ia such cssea as
should be prescribed by law Vhis provision
10 to prevent the oppression of tho weas
by the strong by pro,racied litiga-
ton about snail matters. lustsad Of IN ap-
peal in all cases being m advantage to one
whose business transactions Grn email, il is
generally the contrary especially where his
opponent is able therahy t, Curry hum up
through all Of the courts, by which be will
DO loter, though successful, Tho pro
bate coHrt should be entirely under such
regulations ~ might be prescribed b. law.
The supreme court is rot, as il - generally
regarded, tho great court of the country.
though it is She ono that should
no Filed by the greatest ca
pwience, learning and wisdom; because
1t Ia In itself more supervising court for the
correction Of such errors as may occur in The
district court, where the cases grS triel and
given shape to. Tho district court Is the
great sind important court sof tho country.
being, us 1t were, the y est reservoir of pub.
lilo justice and tho active arm of the coy-
eminent in determining rig, rs and addressing
wrongs tho real center Of the sys.em Of Ina
Judicial organization
A Judicial department, organized in no.
cotdanco with these views, would ba supple
IN its structure and harmonious m the rep- |
Non OF It's parts aud grsda- |
ton of jurisdiction. WHIST further
would DO need d would be to give it force |
and efficiency so rs TO promptly dispose of
the litigation bot6 civil and criminal. To
accomplish that, the legislature should be
given large powers to enlarge or lop eff, 90 |
IS to meet any emergency, and not DO bound |
by the limitations of the constitution a. il |
has been. An, illustration OF what IL meant
here may be drawn from tho history of our
supreme court, which has for tho last TWEEN,
ly-iy9 years been unable to dispoRo of the
business before it 10 the great prejudice of
itgants and our system has baon afflicted
with such q want of ploability rs that the
legislature has never yet applied adequste
means TO remedy the evil.
THE SUPREME COURT.
A supreme court, organized with a,ohief
ustiee and nine associate justices, with power
o make three sections, each alternately to
% presided over by the chief justice in the
.riAi OF causes, both civil and cris,insl.
would not now be more than able to dispose
II the current business, aud bring up the
business that has accumulated for years back
that court And if it were 30 organized
provision might well DO made
n connection with it, giving the
legislature power 10 reduce the
lumber ofjustices on said court, wben the
urrent business could I've disposed OF with
mailer number.
Having served on that bench four Vmc..
WITH four sets Of judges, in part OF lesst. i
rust Il will not be deemed impropsr for ma
o state u tow facts in regard 10 tho labor
by it under It's present and
'as! organization. The judges have laborsd
Iurlng the day and much OF the night, for ;
lne months in the year. Their opinions
lAve been delivered under pressure for
'ant OF time, in the effort 10 dispose of the
business, and the wonder ia that they sre n,
reditable TO the court As they are regarded
be. The health ofa judge of said court
annot generally, as shown by experience,
At longer than ten TO fifteen years, under
ne continued strain Of compressed mental
hort.
II is not right for the government 10 70.
uire Of ito bllo.servants, having in charge
uen grave and important interests IS thote
Judges do, such an amount of labor, aud cen
eeuent sacrifice OF health aad life a, ha,