The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-29

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dred dollars valuation in any one year,
and except as is in this constitution
otherwise provided; provided, that
any incorporated city or town may,
by a two-thirds vote of the taxpayers
in such city or town, levy an annual
tax not to exceed % cents on the 500
valuation for any permanent public
improvement or enterprise for the
benefit of such city or town.
Mr.. Davis called up, under suspen-
sion of the rules, the veterans pension
bill, which was passed by a two
thirds vote.
The senate being full, consideration
of the Judiciary resolution was reSum-
depending section Al, providing
that county courts shall not have
criminal jurisdiction in counties hav-
ing a criminal district court. Adopted
without amendment.
Section AZ, fixing the jurisdiction
and duties of justices courts.
Mr.. Gibbs offered an amendment,
increasing the jurisdiction from 500
to $500. Adopted. The section
adopted was reconsidered.
Section 43, dividing counties into
justices precincts, etc.
On motion of Mr.. Terrell, the max
imum number, eight, was stricken
out, and the section adopted as
| amended.
Section "A, relating to mayors and
recorders courts.
On motion of Mr.. Gibbs, the pro-
vision comforting civil jurisdiction
was stricken out.
Section 40, prescribing the duties of
commissioners courts and fixing the
| the number of commissioners pre-
/ cinctS in each county. Adopted, with
out amendment.
Section 46, designating the disquali-
fications of judges. Adopted, without
amendment.
Section AZ, requiring all prosecu-
tions to conclude, against the peace
and dignity of the state of Texas"
Mr.. Fowler proposed to strike out
"of Texas" Adopted.
Mr.. Davis proposed to strike out
against the peace and dignity of the
state" Lost. Section adopted as
| amended.
Section 4S, in reference to the right
Of trial by jury.
BY amendment of Messrs. Gibbs
and Harris, amended to- read as fol-
lows: "ln the trial et-1 eiIVil- causes
in the district courts, any party SnaH-
have the right of trial by jury, under
such regulations and upon such con-
ditions as may be prescribed by law"
Section 40, relating to the jury
trials, was so modified by amendment
of Mr.. Davis as to read: when,
pending the trial of any case, one or
more jurors, not exceeding three, may
4 H. 1Al e,fN IL
remainder of the jury shall have
power to render the verdict, in civil
causes only; provided, that the legis-
| lature may change or modify the rule,
authorizing less than the whole num-
Der of the jury to render verdict, in
civil cases only.
Section 81, providing that county
judges, clerks of the district courts
and county courts, justices of the
| peace, cOnStableS and other county
officers may be removed from office
by the district judge for incompe-
tencY, official misconduct, habitual
| drunkenness and other causes by law,
was adopted without amendment.
Section 81, relating to transfer of
causes, was adopted without change.
Section 80, in regard to filling va
cancies in county offices, was amended
| by Mr.. Matlock so as to include county
attorneys.
Mr.. Terrell offered the following
amendment to section of the reSolu-
tion, designating the courts in which
the judicial power shall be vested:
Provided, that the supreme court
and commission of appeals as said
tribunals shall be constituted at the
date of the ratification of this amend
ment by the people, shall continue to
discharge the functions of their re-
spective offices until the two addi-
tional justices of the supreme court,
provided for in section of this
amendment, shall have qualified"
Adopted.
Mr.. Buchanan moved to reconsider
the vote by which the superior courts
were consolidated at the seat of gov
ernment. Lost; voting yea: Buchan-
an, Chesley, Cooper, GoOch, Harris,
Martin, Matlock.
Several Ineffective motions to adj
journ both until the afternoon and
Thursday, were made.
Mr.. CheSley proposed amendment to
section 80, relative to county clerks"
so us to transfer some of the labor of
the county clerk to the district clerk,
so as to increase the pecuniary allow
ance of the latter. Amendment lost.
Mr.. Patton offered an amendment
to section 3, so as to authorize the
governor to appoint two justices of the
supreme court until the next general
election. Adopted.
Mr.. Davis proposed to amend sec
finp rnlDfino fn col arinC of
Judges so as to read, leach Justice of
the supreme court shall receive an
annual salary of such amount us may
be prescribed by law, which salary
shall not be increased or diminis he'd
during their term of office; and until
otherwise provided by law, the JUS
tices of the supreme court shall re-
ceive an annual salary of $500.
Mr.. Gibbs, speaking to the amend
ment, said:
Few men enter the legal profession
of law and fewer men still aspire to ju-
dicial honors because of any hopes of ex-
| traOrdiDary financial results men who
| are actuated by love of money rarely en-
| ter upon professional career, and when
they DO, soon abandon it as delusive of
their hopes and engage in more remuner-
| ative employment.
=
ries to supreme judges would increase
proportionate,y the talent on the bench,
| but 90 believe that nigPardly salarl,
will keep off of the bench the men best
qualified by education aud disposition 20
occupy such positions
How ever illus We it may be, the fact still
remains III It the men who become learned
| in the law are men who are actuated more
| by love of learning and ambition for hon.
| ors than any desire for wealth. Those
| who practice law solely for the money
there IL in the pursuit never acquire
either the learning or peculiar mental
| training which fits u lawyer for judicial
duties, and few successful lawyers of this
| class aspire to judicial hOnOrs, except as
| the crowning honor of their lives, and to
| leave as a heritage to tn ir children For
this reason 1 don't believe in extravagant
salaries, but, on the other hand, do favor
| such salaries as will enable judges to sup
| port their families comfortably and in ac-
| cordance with the reasonable demands of
| society.
The wants of mankind increase with
the progress of civilization, and the lux
uries of to day become the necessities OF
TO morrow, and while ma of the in
creasing demands of social life are fanci-
lul and unreasonable and the offspring of
great wealth suddenly acquired, others
are reasonable. Men fitted by education
and character to occupy the highest judi
clal position in the state would not pam
der 10 the one class, but should be ena-
bled to comply with the demands of the
other
Anything beyond reasonable salary Is
no proper inducement 20 secure the SER