The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15

SENATOR PFEUFFER's constituents
are outraged at his course in destroy
ing their county court. Read the re-
port of a meeting held at New
Braunsfels. Besides this, memorial,
signed by one hundred and fifty citi-
zens of Comal county, is presented.
1t reads as follows:
To the Honorable Senate and House of Repre-
sentatlyes OF the Eighteenth Legislature Of
the State OF Texas:
Your memorialists, officers and citi-
zens of Comal county, Texas, res
pectfully beg leave TO submit to your
honorable bodies that bill has been
introduced in the legislature of this
state, to diminish the jurisdiction of
the county courts in various counties
of this state, which bill has been so
amended as to include the county of
Comal, on March s, 1888.
WHEREAS, We, the undersigned
citizens and officers of Comal county,
are of the opinion that a passage of
such an act would be a great wrong
and gross injustice as well as an adj
ditional expense upon this county,
which is already unable to meet the
demands as required by law, on ac-
count of the reduction of the county
taxes; therefore, do we hereby repre-
sent unto your honorable bodies the
following facts, before you finally
pass said bill as amended as aforesaid:
l. This county of COmal, being
traversed by the International and
Great Northern railroad for distance
of thirty miles; and, whereas, from
this fact many suits for the recovery
of the value of live stock killed by
the trains of the aforesaid railroad are
brought in the various magistrates
courts of this county; and, whereas,
appeals in such cases under the exist
ing law, must be taken to the county
court; and, whereas, there are but
two terms of the district court held in
this county in a year, therefore, we
are of the opinion that the passage of
this law, as contemplated, would do a
great injustice and wrong to the citi-
zenS of Comal, and would naturally
deprive them of a speedy trial as
guaranteed by the constitution of
Texas.
2. Many trials for misdemeanors
are had in the justices court in this
county, from which an appeal lies to
county courts. This law would, there
fore, delay an appeal in such cases for
six months, until the district
court convened, and in many cases
would virtually destroy the right of
appeal guaranteed to every citizen in
this state, inaSmuch as a poor man
without friends or money, convicted
in the justice court, who was unable
to give the appeal bond required,
would be compelled to remain in Jail,
ut great expense to the county, for
many months until district court
convened, and even then, under our
extreme liberal statutes, the state
might continue the case in the dis
trict court, and the poor defendant
would be incarcerated for another six
months.
3. JurieS in criminal and civil cases
In the county court are composed of
six men, and an array of but twelve
men is summoned for each term of
court, while jurieS in the district
and an array of thirty-Six men is
summoned for each term of said
court to do the jury service therein.
Il Jul uOllO1 dD1O DOuJ VIII dG OllC6 SIT
the economy in having cases tried in
county courts instead of the district
courts, as would be the case if said
change in the law was made.
4. Within the last year there have
been fifty-SiX criminal and civil cases
disposed of by the county court of
this county, and the expense for jul
rleS in the mean time amounted to
three hundred and seventy-two dol
lars. This expense would have been
at least double and perhaps triple that
amount had said cases been tried in
the district court, not to mention the
expense the county would have had
for feeding and guarding prisoners,
awaiting trial in miSdemeanOr cases
in which the county courts had orig
inal and exclusive Jurisdiction under
the present law.
8. This county has thus far been
able to pay all jurors in cash
and surplus of from $500 to $500
has of late for each year remained in
the county treasury, to be transferred
from the jury fund to the fund for
general expenses; nevertheless, the
county has not been able to meet the
demands made upon the general fund,
as contemplated by law, since the re-
ductiOn of the county tax, and the
commissioners court of this county
has struggled in vain to keep up the
finances of this county. Therefore do
we believe that an additional expense
for juries, as aforesaid, in the district
court would still more embarraSS the
county finances.
6. Under our present law a civil
suit in the county court, when the
service is complete, even though two
continuances are granted, still the
case can be finally disposed of, unless
an appeal is taken to the appellate
court, within six months from the in
stitution of the case, whereas by the
change, as contemplated, the case
could not be disposed of in the
district court, under the same circum-
stances, in less than eighteen months,
and this we believe would be greatly
instrumental in damaging interested
parties in civil suits, besides the great
increase in expense to the county as
aforesaid.
For the above reasons and many
more equally as potent, these memo
rialists again most respectfully urge
your honorable bodies not to pass the
proposed law, which would work so
great and oppressive wrong upon our
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