The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-01-27

AnFTiN, Jan. ", 1881,

Tnn BTA1f ~ TEXAS HNfOUJfVh yFFiohfi
A0sTiN, Jan. ", ISL
no the Honorable tbo senate ana House Of
Esor since the adoption OF the present
constitution there has been avery general
Dissatisfaction W regard 70 tho organization
oftho Judicial department which has induced
the effort for is amendment by the legisle-
tufe at each regular session since that i.9e.
The most prominent objection TO u is, that
Il provides for TOO many courts, aud too
great division Of jurisdiction IN such man
Nor as not TO leave sufficient discretion for
legislation in adapting il TO suit the wants OF
the country. In view of the expectation
that this legislature may alio endeavor to
provide for some constitutional amendment
Of It, respectfully submit the result Of my
conclusions in regard to it. In devising a
system Of courts it is well 10 consider how
they grew up in England from which coun.
try we derive our laws mainly to meet the
wants of the country gradually, without any
statutes, enacting general plan Ter tnsm.
There, in the course OF ume,
the four courts of record, the
common pleas, the kings bench, the court
of exchequer snd the court of chancery
embraced a gene al jurisdiction, commen-
surate with the great body Of the subjects of
| litigation, and constituted the eerier of their
system, with power vested in some OF them
| to regulate or correct errors in the proceed
ipgs 10 inferior courts and tribunals, and
their adiudications were subject, in some
shape or other, to an appeal to higher tri-
bunsl of last resort, for the correction of
errors. The same principle was transplanted
into the judicial system of most of the
states, with such changes in the or
panization as were necessary 10
adapt them to the convenience and wants
of the country. Profiting, then, by the ex-
perience of the past, our district court should
| be court of general jurisdiction, covering
the whole ground of Judicial proceedings SO
fully that there could never be want OF
jurisdiction in it claimed except where i
could be shown by express limitation, or d.
rection, that il was certainly given to another
court II should be given supervising con
trsl over all inferior courts and tribunals
+ wherein rights are administered, IN such
manner as should be regulated by law. The
Authorizations should be subject to appeal TO
court Of last resort, under such regulations
| ~
cribed bv law. The jurisdiction of the JUS
tees court should be small and plainly de-
| lined, both in civil and criminal matters, and
there should be no appeal from it, except BY
certiGrari or some other writ granted by the
! district Judge upon ashowiDg OF injustice In
the decision, and the determination thereon
by the district court should be final, except
under such regulations and in such cases as
should be prescribed by law. This provision
is to prevent the oppression of the weaA
lion IL about small matters Instead of an ap-
peal in all cases being an advantage to one
whose business transactions ere small, IL Is
generally the contrary, especially where his
| opponent is able thereby to carry him up
| through all of the courts, by which he will
be a. loser, though successful The pro.
bate court should be entirely under such
regulations as might be prescribed by law.
The supreme court is rot, as it is generally
regarded, the great court of the country,
though it is the one that should
be filled by the greatest ex-
perieDce, learning and wisdom; because
it is in itself mere supervising court for lac
correction of such errors IS may occur IN the
district court, where the cases are tried and
given shape TO. The district court - the
great and important court of tho country,
being, as it we're, the great reservoir OF pub
lie Justice, and the active arm of the gov
eminent in determining rights and redressing
wrongs--the real center of the system OF Inc
judicial organization.
A judicial department, organized in ac-
cordsnce with these views, would DO simple
in Its structure and harmonious in the rels-
ton of its parts and grads
ton of Jurisdiction. What further
would be need, would be to give 1t force
and efficiency, so as to promptly dispose OF
the litigation both civil and criminal. 10
accomplish that, the legislature should be
given large powers to enlarge or lop OIL, SO
as 10 meet any emergency, and not DO bound
by the limitations of the constitution as 1t
has been. An, illustration of what is meant
here may be drawn from the history of our
supreme court, which has for the last twene
ty-fiye years been unable TO dispose of the
business before it to the great prejudice OF
li,igants; and our system has been afflicted
with such a want of pleability AS that the
legislature has never yet applied adequate
means to remedy the evil.
THE SUPREME COURT.
A supreme court, organized with s,chief
justice and nine s.sso ciaie juaiiccs, with power
TO mske three sections, each alternately to
be presided over by the chief justice in the
trial of causes, both civiA and criminal,
would not now be more than able TO dispose
of the current business, and bring up the
business that has accumulated for years back
in that court And if it were 80 organized
provision might well DO made
In connection with it, giving the
legislature power TO reduce the
number of jusiices on said court, when the
current business could be disposed Of with q
smaller number.
Having served on TIA. bench four times,
with four sets Of judges, IN part at least,
trust il will not be deemed improper for me
10 state few facts in regard TO the labor
performed by Il under It's present and
past organisation. The judges have labored
during The day and much OF the night for
nine months in the year. Their opinions
have been delivered under pressure for
wsnt Of time, in the effort IN dispose OF the
business, and the wonder is that they sre as
creditable 10 the court as they sre regarded
TO be. The health Of q Judge OF said court
cannot generally, ss shown by experiences,
lass longer than ten 10 fifteen years. under
TIE continued strain Of compressed mental
effort.
"a - ..-Lf e. tLo v-rcrr,saanl u re- /