The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-09-01

|
,Ge peytnont OF moneys due The state IN.
der this head, which has resulted w the
COMPTROLLER entirely ignoring my official
existence and, passing over the attorney
GENERALS Office, to place, OF his own mo-
ton, olalmsagainst dofaultlng taxcollcotors
In the hands Of the county attorney, OF
Travis county, whereby, large amount III
commissions Is annually distracted nom
the revenues OF the state, which II has been
my object TO save. This was done without
my knowledge or consent, and, whilst CIV
| inp the conptrollCr duo credit for con-
ecIeDtious difference OF opinion from my
own, without any sufficient reason, as ~
seems 10 -mc. Your attention has already
been called to this question by our cor.
respondence submitted to you in my COM
munication OF the 10th day Of December,
and 1t is unnecessary further TO refer to the
details But would earnestly suggest, that
to prevent any such further complications,
the legislature should amend articles Z,9l,
27a0 ard $50 "a, Revised Statutes. and otner
statutes, so as more clearly to define the
respective duties Of the comptroller ann OF
the encouragement in respect to the coltec-
ton ofthis class of claims. On the 3lst day
OF October, as required by article 2SOO, ks-
yised Statutes, ] made a report 10 the
comptroller of the situation Of all suits in
Btitnted for the collection OF public money,
4 cory OF which is submitted herewith Tor
|
Exhibit y.
have underworld, so far as able, 10 COM
lply with the provisions of article .SV2a, IN
making the inspection OF the accounts IN
the comptroller's and treasurer's otliceS,
and Of officers and individuals charged WIN
the collection or custody of funds belonging
to the state. have, however, Dcen pre-
vented from carrying OH. its provisions IN
bringing suit, or causing the same 10 pc
brought, alNinst officers or individuals
found in default, owing to tho action OF the
comptroller in taking the matter out OF my
hands, and placing the Same in the hands
ofthe county attorney OF Travis county, as
has been hereinbefore stated.
| CRIMINAL BUSINESS IN DISTRICT AND COUNTY
| COURTS.
| In accordance with the requirements Of
article 90, Code of Criminal Procedure,
would report for the year beginning, on De-
cember l, 1850, and ending November ~
1851, that there have been: -Four thousand
two hundred and eight indictments for Eel.
onies, and seven thousand two hundred
and ninety.four indictments for misdemean-
ors, found by the grand iuries. That four
thousand one hundred and ninety eight In
| formations have been presented. Ihere
have been seven thousand two hundred and
fur trials resulting in four thousand four
hundred and geventy-six convictions, and
two thousand four hundred and seventy
| four acquittals, whilst there are now pend.
| ing nine thousand eight hundred and
| twenty-seven cases. For more detailed
statement, see Appendix, Exhibit G..
In making this report from the data FUR
nished by the various district ana county
attorneys, and county and district. clerks.
it may be well to add, that though many OF
their reports show painstaking care truly
commendable, yet number are so care
lessly made and SO clearly erroneous that
my report cannot pretend to absolute &C.
c.uracy so far as criminal statistics are con-
cerned, but / feel convinced that 1t IS
substantially correct showing.
Homicides, the great curse of this, as
well as of other states, are, OF all great
crimes, the most prevalent. l include. in
this class assaults with intent to murder:
attribute the escape from conviction OF
such large number Of the parties who
commit this class of crimes to the length OF
time which, from one cause or other,
| interyenes between the time OF the COM
mission of the offense and tho trial of the
offender. This, without trenching on any
of the constitutional rights OF the accused,
could, think, by wise legislation, be obyi'
ated, and the accused be brought to trial
within very few days OF the commission OF
the offense.
| LAND FORGERY CASES.
Thomas Sneed, ESQ.,, to whom, Tor some
wears past, has been entrusted the prosecu-
| ton of this class of crimes, and who has
most ably fulfilled be duties thereby I'M.
posed, reports that from December l, 1851,
| to December 81, 1881, he has obtained the
conviction of six persons accused OF the
crime of forgery; that three have been ac-
ouitted, and that three cases are still pend.
| ing. All these cases have been prosecuted
! in the district court of Travis county, under
the act giving that court jurisdiction OF the
same.
| SUGGESTIONS OF AMENDMENTS TO THE PENAL
Il
Many suggestions have been received
from district and county attorneys relating
to our penal laws, and the following are
recommended as Especial Importance:
| /. There is great deal of unnecessary
technicality about practice in our court OF
appeals. For instance, by oversight,
statement o. facts and record fail to show
s'nroof of venue - or that the charge of the
co,irt was "filed,n or defendant was "ar-
raigned,n or that special judge was au-
tborized to preside at tha trial, this court
will reverse without reference to the merits,
| though the point be never raised in the
conrt below. or never raised at all. The
presumption ought to obtain in favor OF the
Correctness of all the proceedings In the
trial court where no complaint is made in
that court. Should law be enacted pre-
sumiRg the correctness OF all proceedings
| in the trial courts, unless the contrary ap-
nears by bill of exceptions, causes Will here
After more probably be decided on their
3, Provision should be Immediately
| made for the payment by the state of reas-
enable fees to justices Of the peace and
other officers, for services rendered IN pre-
liminarv examinations for felonies. The
effect Of the failure to pay these officers for
the last two years has been 10 deprive The
state of the benefit Of written testimony
lakcn Immediately after the commission of
IN oifense, the importance OF which cannot
BE oyerestimated.
3. Many Of the prosecuting officers claim
that the state should have reasonable
number of peremptory challenges on the
formation Of every grand jury, for the rea-
son that prosecution is so often delayed by
| the friends or relatives Of violstors Of the
law being selected as grand jurors
4. Our present jury system. In the maiu
good, Is rendered too cumbrous and expen-
siye by the Especial venire" feature. can
see no reason why, with the numper OF
peremptory challenges allowed defendants
In capital cases, besides the extremely lib
eral construction given by the courts to the
statutory grounds OF challenge for cause,
orc and the same special venire would not
be amply sufficient for all the capital cases
called for trial at any one tern ofcourt.
| 8. A clerk shouldbe appointed by the
court for each grand jury, Whose. duty 4
should be 70 reduce TO writing. in book
kent for thai purpose. the evidence of each
witness testifying before the grand jury
I whenever directed by that body 20 10 DO,
the said evidence 20 be signed BY the wit
ness. and entrusted 10 the care and keeping
OF the district OF county attorney, for future
reference in the conduct OF the case.
Should such law be enacted, witnesses
wouId be more guarded in their statements,
and less liable 70 he induced to testify dif
ferently upon the trial
8. Under our present law, IN proseco-
lions for perjury, where two contradictory
lstatements under oath are proved, one Of
which must. under the vell-klOvn rule OF
logic. be true and the other false, the de-
fendant cannot be convicted unless the state