The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-10-06
Changes in the Law.

EDITOR HERALD;-Piease excuse NV
asking you to publish this, but the sug-
gestions of Judges White and Wilson
are so peculiarly remarkable, coming as
it does from the very persons who rem
dered the judgments referred to bv
them. Gould any one read these eases
and the statutes they eXpound and all
ticipate the recommendations, 10 say
nothing of the long list of cases that for
nice distinctions and unique construc-
lions rival the scholastic art; and then
recommendation after recOmme datiou,
at one stroke send 10y legislative enact
ment these subletioN back to antiquity
To the pile of rubbish from which they
were extracted with snch care and as
Slduous labor. Is II not the fullness of
tlmo when criminal Judges lament the
the technicalities of "their craft?" But
isn't it amusing to read their admis.
sion that the plain statute that
ulre cts THAI prisoners snail he warned
before confession, has been touched by
their ingenuity until 'twouid be. really a
relief to repeal statute, decision ana all,
aud 20 back Lu the common law: but the
most remarkable il probably the drag
net towards the end, to saddle pro
Viso on the whole law OF misdemeanors.
1.-The Illegal conviction shall be set aside
provide II in the opinion OF the
Court Of Appeals the defendant has been
injured by not being allowed any rights;
remarkable AS this appear, submit in
all candOr and fairness, that It is the
substance and import Of the recommen-
datiOn, that though the convictions were
in express violation of the plainest eX-
pressed provisions of statutory law, yet
this illegal conviction should neverthe-
lnGa gtunH 10 thn - 4
he deserves it, or as they ex-
press it, twas not injured"
If these things are not essential, why
required at all, and ii essential, how
could one be injured and another not by
denying them; and besides our Judges
are selected because learned III the law,
they might bevery ignorant on this m
quiry question. Ii the people of Texas
wish this to be court Of law and in
juries with plenary powers, they
should hurry to adopt the suggestions
and parties might watch out for this in
jury jurisdiction of that court. They
begin the recommendation by dividing
tho crime against the most miserable OF
mankind, making two of it, and bland
| ly give as reason "that the State
could more easily make proof" very
evident proposition, and the climax ar
gument for all the changes recommend
ed. If tn Legislature, instead of giving
the Court of Appeals unlimited
power, would repeal all their hair-split-
ting distinctions, and fine spun theO-
ries, and if possible, destroy their power
! to split or spin, and in the criminal, as
they have in the civil, lay aside the fol-
lies OF ant putty, and in their stead en-
act laws cOnsOnant with reason. and the
/ spirit of the age; let the criminal, like
the civil suitor, testify ia hi, own case;
no longer allow the real party inter
| eSted IN the convection, filed VITA
| hatred and smartiug underline supposed
/ injuries, to testify against the sealed
| lips OF the defendant, because fursOoth
| the case is dOcketOd in the name of
"Iho State IL is o suherluge and in
justice unworthy Of any people save the
barbarian who instituted II. II tho
/ state introduces amy say ings OF
defendant as confessions of quilt.
/ 10! him introduce any other
/ sayings of his rs evidence of
/ innocence, and let the jury, not
"A now, the prosecuting officer, de-
/ termino which saying is most probably
true; that the plea of mot guilty. should
only put in issue the substance of the
matter charged, limitation, Venue, etc,
required to be specially plead. Axiom
/ attic rs these appear, still will be'asked
ii this is not revolution in the law. Al!
/ revolution from the senselosS customs
and forms OF the skin-clad barbarian to
/ the improved methods OF our own civil
/ lzation; criminal law and its enforce
ment would then gain because il de-
served the respect of sensible people,
and its quirks failing, the jacks that
now rcvel in its technicalities would
I sigh for the good old days when these
/ were the glory of the law. Lost some
may misunderstood, allow me, In con
/ clusion, to sayI do not accuse the Court
o' Appeals with enforcing tho spirit
rather than with "the perfection o! ren-
son" or the letter of tho law. Believing
rs everything else has been improved
10y civilization, the law might also be,
Will sign myself MODERN.