The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08

The nrst three sections are pad enough, as
their object Is TO sanctlfy certain election
frauds. The English language cannot do JUS
tice to the fourth section. Ii reads, mo court
Of this state shall have power, authority, or
Jurisdiction 10 issue the writ OF mandamuS or
Injunction, or any other mandatory or COM
pulsory writ or process against any Of the OH
GERS OF the executive departments OF the gov
eminent Of this state to order or compel the
performance of any act or duty which by the
laws Of this state they, or either OF them, are
TO perform, whether such act or
duty be judicial, ministerial or discretionary"
No nation, state, territory or tribe has a law
like this. II il advances correct principle IN
TO its authors in the seventeenth
belong the glory, for nothing Ike II
III Ii Is an insidious and covert attack upon
the rights and liberties Of the people, 70 these
inventors belong the shame
Eight hundred years ago, when our EngltSh
ancestors, after long war, had subjugated
their tyrant King John, they met him al Run
nymede and forced him to sign a declaration
known as magma Charta, setting forth in
plain terms the rights and liberties OF English
men Chief among these was The declaration
that the courts should stand open, and every
man for an injury done him in his lands, chat
speedy remedy by due course of law.
IL was thus IN the morning OF civil liberty,
the doors OF the courts were thrown open, not
to be closed again I'LL the long night OF despot
ism comes on. Magma Charta has since been
the bulwark OF the rights OF the nations that
speak the English tongue, and Runnymede
OF every cline. But it contains nothing except
what al intelligent writer's on Jurisprudence
admit 10 be the original contract, express OF
implied, between the government and the
citizen.
This original contract is this: II the citizen
would surrender the right which his Creator
gave him 10 redress his own wrongs, anu con-
form his conduct 10 the laws OF society, and
contribute his share toward the common eA-
pense, the government would redress all OF
his wrongs and place him in possession of all
of ,tl 10Th - nrAfRndA1 rpnreSpnIa-
tiveS Ot the people, degenerate sons OF noble
ancestors, have dared TO place upon the stat
utes Of this state the assertion that the citizen
has no remedy against an officer OF any OF the
executive departments. And why7 Because,
OF course, they are big men aud high officers!
II is sad day for Texas when any oti1cer Is
too high 10 be made TO respect and obey the
law 1t will be a sad day for the authors OF
section No. when the millions OF 1reemen In
this state are given TO understand that their
right to make their paid officers discharge
their duties has been taken away from them,
aud that any OF these officers can trample upon
these rights with impunlty. When this fact Is
generally known tne nand VIII commence 70
write upon the wall in characters 80 plain that
no prophet need be called in to read. Esau
received for his birthright mess of pottage,
but the wrath of an indignant people will be
the merited reward OF the unfaithful public
servants who have placed upon the statutes
this insult TO their liberties.
IL isnOt Magma Charta alone that contains a
solemn declaration OF the original contract be
| English nation had expelled James IL Tor
| attempting TO dispense with laws, before they
| placed his successor upon the throne they
| again, IN the famous bill OF rights, alter which
| all our constitutions are fashioned, declared
| that the courts should stand open, and that
| everyone, for an injury done him IN his lands,
goods, person or reputation, should have a
! Speedy remedy by due course OF law.
! Every constitution on this side OF the ocean
/ contains similar declaration. IL has never
been absent from the constitution of Texas
/ m
! ton says: "An courts shall be open, and every
| person, for an Injury done him, IN his lands
goods, person or reputation, shall have rem
| edY by due course OF law.
! Regardless OF these solemn declarations
/ that the courts shall stand open, the inventors
! OF the seventeenth legislature attempted tC
! citizen when an executive officer was con
| THESE high executive officers, thus attempt
ed to be lifted above the law and beyond the
| reach of the courts, are the comptroller, the
| treasurer, the secretary of state, The commits
/ slOner of the land office, the county surveyor
! and others under whose hands the rights OF al
| most every citizen at one time or another mus
| pass. Every one, from the chief justice OF thu
| Supreme court down TO the porter of the sen
ate, must receive his wages, If at all, through
/ the treasurer. But should the treasurer, mon
an error OF judgment, caprice, malice or OH
| cial inSOlence, WrOngfully withhold the wage,
! when due. there is no remedy
| The door OF the court is closed and bolted x
these men. This, too, in the face of our con
stitution, which says that all courts shall b,
open, and in them every man shall ind no
dress for his wrongs.
so long as section remains on the statute
books, the citizen should be permitted 10 PLEAD
failure OF consideration when sued for hi
taxeS-government Is not fulnlling her con
tract with him, and why should not the either
be released? The inventors of section have
been dreaming OF empire. The knew that i
was a maxim Of the old school that the ''th'
king can do no wrong" Not that the kim
| could Onf rnurdnr rDh and steal lika Ordin
arr mortal, but he was beyond the reach OF tn,
| law. They have by section made many
| kings. The departments and the woods ar
full Of them. Texas IS not ruled by one grea
king, but by brigade OF petty khedives. TIT
tendency Is toward 4 despotism, In which
mems rights can be withheld from them in de
fiAnce OF law, while the courts look helplesSl,
on. Strange as it may seem, don't hope Il
see this Infamous law repealed az the presen
session. The influences and cranky idea
which placed 1t upon the books will be able 4
keep il there a while longer. But 1t will SOol
20. / have too much faith in the intelligence
OF the people of this state to believe that the
will allow the shameful thing to live long, Tn
inventors of this law claim TO find some sup
port for II in that part OF the constitution
which divides the powers OF government int
legislative, executive and judicial No on
Gov Roberts, and | understand b
has forgotten the secret. so 1t vii
never be explained again. The court
will never hold that under the constitution o
this state mandamuS will not lie against
public officer 10 compel him TO discharge al
official duty, ministerial III its character, tn
fact that this law is on the books, and thi
struggle to keep 1t there, shows that no on
believes in such assertions. If you belev
that the constitution raises these officers abov
the Law, why not let the courts decide tn
! Question? The truth Is, no rational man be
lieyes any such thing. Let us see to where W
are drifting. The available school fund IS NJ
portioned and sent TO each county by thes
officers. Should they fail to discharge thei
duties, the schools would be closed, and TO
this there is no remedy. The public schOo
asylum and university lands in this state ar
laws passed by the legislature. should the
refuse to execute these laws, or should the
deal with these As though they constituted
part of their private estate, or shout
in violation of law, and deny I
others their legal rights, there is no remed
anywhere for the protection OF the sehoC
not eXpedient Just now TO repeal this Law
Why not eXpedient? The law Is not two year
old. 1t was passed without any necessity.
10 cOnnot be repealed now without Subjeetin
some of our officers tonumerous suits, it bu
illustrates the danger and the folly OF attemp
ing to raise an officer above the law. For fort
years in this state the courts were open 70
mandamus suits against the commissioner {
the general land office. During all that tim
there were but few suits, because but little NJ
| ceSSity for them. The officers followed tn
law and discharged their duties.
Wien now talk about repeating a law les
than two years old, you look with anxious eye
toward the land office, and say 1t is not eXpt
dieut Just now. What-has the commissions
| been doing? If he has been tracking the Law
as an officer should, don't see why any on
should fear that mandamuS against hiI
would be sued out.
been acting the despot, and has been sellin
| the school lands to his friends and denyin
TO his enemies the same right. which am r,
= | wide opeu and the light turned on. If Will
these lands were on the market for sale, me
applied to purchase In conformity to law, the
have rights which neither the commissions
the legislature nor the courts can ignore Is
possible that you are afraid to open the door
of the conrts for fear that the supreme coul
of the land will decide that the commissions
has been attempting TO withhold from som
citizen his legal rights? If these lands belon
to the citizen, no earthly power can depriy
! him OF them. To seek 10 delay the issue is bI
dle6ug" policy that has been so frui
full OF harm TO the best interests of til
state. We are trying 70 again put the scho'
claimed under the old law by others, "
, cannot sell TO any advantage. for there IS
cloud upon the title, and II We could sell,
would not be in accordance with sound polio
10 do so. Tor there might arise claims for dan
sges for selling lands belonging to others. II
people sent US here 10 shoulder responsible
ties, not to shirk them. The public intere:
demands these claims If any should be speed
ly settled before we again attempt 10 sell IL
same land.
Instead OF closing the courts sound polio
would require that the courts should be throw
open, and every one claiming to have righ
: be required TO sue, and sue speedily, or be TO
ever barred To attempt 10 delay the issue
but to shirk responsibility, and follow tn;
same miserable course that has confronte
} this generation with the Toby, MERGERS color
) and other claims when We cannot understan
the origin or Judge OF their merits but hk
! Banquo's ghost, they viii not down.
1 | And. OV the Wdv. section NO. WAS Dasaf