The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-01-08
WORK FOR THE LEGISLATURE

ought 10 Rnu Will no uOuDl, COno polOlS ~
during its session. There seems to be q uni
versal demand throughout the state for some
radical changes in the judiciary system that
now obtains. 1t is true that it is wise
policy TO make as few innovations as possible
upon a judiciary system once established aud
understood by the people, but when il is
manifest, % seems to be the case in our state,
that the best interests Of the country can DO
served by changes and simpliacston, then
a judicous craftsmanship demands that it be
done. The present system in vogue
Is open to many just criticisms. 1t is
cumbersome and complicated and Ia
mentally Inefficient causing grievious
delays in litigation. The question
of needed changes seems to have been thor
ougbly canvassed, not only by tho executive
| department and the members ofthe judiciary
itself, but by the bar Of the state and the
people generally. A number Of systems
have been proposed, and at least cursorily
discussed, but it appears TO US that the most
settled opinion favors one court Of final re.
| sort with intermediate courts Of appeal be-
tween that and tho dstric, courts, 10 be
apportioncd to convenient sections OF the
state, There seems to DO, too, general wish
for the adjustment Of county courts and the
rc.establshment of the probate court system,
so long and so satisfactorily operated in this
state, though curtsiled, perhaps, somewhat in
its proportions from the old probate court syf-
tenn, There should be, too, in the matter
OF salaries for supreme, appellate and dis
trict judges and district attorneys, LIBERAL
ity in remuneration shown, that will secure
the best talent and learning for these posi-
tipns, 1t is sad fact that the salaries paid
these officers now will not induce our best
lawyers in most Of the districts, TO seek the
positions Of district Judge and district attor-
ney. There are EXCEPTIONS it is true, but
these exceptions only prove the rule. There
are counties and districts in this state where
justice is often cheated because of tho inc fl
cheney of judges or prosecuting attorneys,
In such districts the able, experienced law
yers can make so much moro as advocate
at tho bar than tho salary or fees of office
amount to that they will not aspire to the
positions. II Isl mooled question whether
or not judges or prosecuting attorneys ought
to bo elected by tho people, but
there arc so many arguments pro
and con, wo will not essay any discussion Of
this feature Of the question. IN the earlier
days of our state, when population was much
sparscr than it is now, the Judiciary system
that was in force under tho constitution Of
1916, was found TO DO most excellent one.
Twas reproduction of such profound jugists
as Lipscomb, Wheeler, Hemphil, Hondor-
son and other legal lumnnrio5 of those DAYS,
tho brillancy of whose erudition and legal
expositions.will ever add lustre TO tire iuris-
prudence of Texas. II may be that Texas
has now assumed those proportions of popu-
lation and multiiorm interests, that such
system would. DO inadequate to her present
wants, but with that system amplGed by the
addition of intermediary courts of appeal,
with jurisdiction in specified districts, rs
suggested above, and tho probate courts
TO be aided in the graver duties that formerly
fell to them by the district courts, it is to be
presumed. that We would have judiciary
system model in its simplicity, in its pc wer,
and in Its efficiency generally. Another
matter that will claim the attention of the
legislature will be the bell-punch law. When
this law was passed, 1t was understood to be
but an experiment, and it was hedgod about
with a fixed tax of $3.50 per annum on retail
liquor dealers, to guard against tho contin-
g1ncy of its.failuro and It's insdequacy. That
tho experiment has signally failed, no one
will attempt to deny. It's virtually dead
letter on.the statute book. Liquor dealers
pay no heed TO it, 1t is fundamentally de.
fective in that it makes the taxpayer his
own assessor and exposes his business. The
dealers have paid their $3.50 per aunum, and
by some means the bel.punches cannot be
spurred up to ring out larger amount. Is
1t not folly, then, to retain such
a law 1t Is all very we'll to say that tho
officers of the law should force strict OBJ.
servAnce of this enactment, but when the
people themselves are Indifferent to law,
when 1t does not meet with their respect and
approval, and public opinion is adverse to it
such law becomes imperative, dies of ina.
milton we might say, Such is the case with
tho be-lpunch law, and wisdom and a lust
respect for tho sanctity of law demand that
1t DO repealed and, In tho absence of any
better one, the old plan of a specified license
tax be re-cstablished. The Sunday law is
another imperative statute. Considered in
tho abstract, and viewed from a strict stand.
point ofprnciple, we might oppose anything
in the nature of Sunday law, as state and
church are widely apart, and as mems con-
sciences and religious faith are matters no
legislation can reach, but as there seems 10
be universal acquiescence in Sunday law
ola modified form, and as the law in force
prior to the present law was respected and
accepted by all, it might not be amiss to 70.
enact that statute. This required all places
of business to be closed between the hours Of
nine a. M and four p. m. on Sundays, that