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


in nnQ country, Dfter the regtlOr district
iadpe had to leave II 10 attend another court,
by the appointment Of Judge 20 tsko bis
place, and continue the term until the bust.
ness shall DO disposed Of.
The same provision might be made TO ap-
ply 20 tho csso ia which tho iudgo was dis-
uusliaed after be bad disposed Of all those
| in which he WAS not disqualified. The fre-
quent changes Of judges by the election Of
! lawyers who have numerous cases on the
docket OF their district, have made it neces-
sarv 10 make frequent appointments of
| special judges TO 60 on and finish the buei
mess Of the court, when the regular judge
had TO leave, or was absent from any other
cause. Its hereby necessary for me 70 add
word as to the necessity of remedying the
| ,elays Of the law, rs far as practicable.
| 10 the execution of the criminal laws,
the FIRST great necessity is the procurement
Of able and efficient prosecuting attorneys
to Represent the state. They have to meet
usually the best lawyers at the bar,
often without aid OF any sort, while their
opponents may have all the aid from friends
of the accused that they need. Judges
ought not to help district attorneys in prose-
cutiops, and ought not TO be tempted to do
it from absence of justice aroused by Wit
Messing the weakness of the prosecution. 1t
has so long been the habit of tho country TO
elect young lawyers to these Offices to give
them start in their profession, that IT would
now perhaps, under the present system, be
regarded as an unfit intrusion for lawyer of
experience and ability to Offer his services to
the state as prosecuting officer Yet GER
tainly the state should have able prosecutors,
equal at least to the judges of ne district
| bench. Persons charged with crime must
| be allowed to make their defense, by EN-
pioying able lawyers, if they can do SO, and
| if they are too poor to employ lawyers, the
court opght, rs it often does, appoint able
| lawyers to defend them,
! II has got to be the case that the worse the
| oflense is, the greater the means and efforts
are to clear the prisoner, and the greater the
merit and fame awarded to the lawyer for do
ing it.
| The inexperienced representative of theatate
| is overwhelmed by the superior ability OF his
experienced Antagonist, or c'rcumyented by
his adroit management, and the criminal
| goes unpuniahed, and the laws are outraged,
| simply because he or his friends have money
enough to employ an able lawyer, and the
state employs an inexperienced one, whose
ability Is not practically platlrsd, however,
! sprightly OF talented ne may be. | most re-
/
on long enough. Ability must DO met by
ability az the bar, and the state is certainly
as able to pay, for it as individuals are.
| There is no use to withhold the truth, that as
| our criminal courts are now carried on gen.
orally, with an occasion | exception, the
ahlest and most experienced lawyers are
seen standing within the court to defend
criminals, and apparently to keep the laws
| from being carried out TO punish them. This
can only be obviated by the state employing
able and efficient counsel on iis side. l.
therefore respectfully recommend that pro-
vision be made for the appointment and re-
| moval Of district attorneys in every district
| in the state, and that they shall be psid by
salary, the same as the district judge, and be
allowed no fees except commissions
in forieitures and other collections
to be regulated by law. /
do not believe that district attorney
should be interested even in the amount of
the fees now allowed 10 secure conviction,
but rather he should in criminal matters be-
placed Just rs Judge is, on the high ground
Of impartiality between the state and the ac>
cused, in the enforcement Of the law for the
benefit Vi the state, and not to make money
out of it for himself. Under such cream
stances his prosecutions might lie expected
to be more effective for the state, and more
lust to the accused. An able and expert
enced lawyer would accept the position, if
rendered TO him. His being appointed
would also tend to produce the
same results, and would make him
independent Of any local influences or
preiudices, calculated possibly to bias his
Judgment OF action. There are other reasons
why the Office should not be elective. First,
he is not district officer, in Any proper sense
of that term, but state officer representing
the whole state, and not only the district for
which he may be appointed; second, he is
from the nature of his duties and powers
peculiarly the executive officer in the admin
istration of the laws in the courts, notwith-
standing he is placed in the judicial depart
ment in our constitution, and he should In
some way be smenable to the higher execu-
tive officers in regard to his action. As 1t is
now, every district and county attorney in
the state has absolute control according TO
his own Judgment or pleasure, with slight
exception, In regard 70 prosecutions for ana
esaiasl The state and nsy essert the right so
to control them with impunity. Any defer
ence TO the direction of the sttornoy-general
or other executive officer Is merely from
courtesy, moral obligation in regard to the
bringing or not.bringing ofprosecutions and
suits and in conducting the same.
trust | may be excused for dwelling on
this subject, ss our experiences has long since
shown the inadequacy Of the means used for
the execution Of the criminal laws, notwith-
standing the great expense and time con-
sumed In the holding of courts, and the.<S-
tendance of witnesses; which is ms9C mani !
fest by the sort Of convicts We have In the
peniieDiiary, over twenty-one hundred in
number, and all Of them, with comparatively |
few exceptions, being either poor boys or
penniless or friendless men.
The first step in the road OF improvement |
is TO secure able and efficient prosecuting at
torneys TO represent the state, without which |
all else will be. rs il often has been, sad
failure when the indirect power Of money or |
influence or prejudice or superior ability Is
brought 10 bear 10 rescuing prisoners from
lust punishment for their crig1ea. Whether
there is an amendment Of the constitution Oh
this subject or not, respectfully recommend
that lsw be passed authorizing The election
of district attorney In each Of the districts
Of the rtstc. Twas authorized 10 number
of districts by The sixteenth legislature, and
there was thereby . great Improvement 10
the execution Of the criminal laws IN nearly
every one Of them.
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