The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-07-31

Vhlch great change is needed. lou Il
frequently hear lawyers abused by d
he people. Is it because of any b
wrong done by the lawyer, or owing b
q defect in the judiciary system? t
When lawyer is employed to defend t
| man, he is compelled under an oath G
rs sacred and binding upon him as a
lpon the jury trying the case, to see
that he is legally and technically
tried. The jury takes an oath to u
render verdict according to the law {
and the evidence. The lawyer takes
an oath that he will discharge his d
duty to his client to the best of his
ability: Now, to illustrate: A man is
placed upon trial charged with the
crime of theft of q horse. The trial is
had and the jury return verdict of
guilty; both the law and the facts
justifying the verdict. The case is |
appealed. When 1t reaches the ap- |
pellate cotirt it is there discovered Tor
the first time that the judges charge |
below was not filed. The case with a |
long written opinion is reversed and |
sent back for new trial upon a queS- |
ton in no way affecting the merits |
of the case. Then, again, we VIII
say that a man is tried for murder,
convicted and appeals; there it Is
discovered that the record does not
show an arraignment, or, perhaps,
plea. The case is reversed and sent
back for trial at double expense TO the
county, when the merits of the case
have not been considered by the
higher courts one way OF another.
Under the law, as it stands, the law
yer is bound to take advantage OF the
errors, and the court OF appeals are
bound under oaths to reverse the
cases; neither the lawyer nor she
court being open to censure-a mere
clerical omission. l propose to cor
rect this and similar matters by In
cooperating in the statutes a provision
of law requiring of the defendant II
| he would secure an advantage by
these omissions to save the question
by bill of exception; and unless an eX-
ception is saved at the time, making 1t
a presumption that no such error or
omission occurred upon the trial OF
the cause, thereby requiring every
case to be tried upon its merits and
reversed upon its merits.
Almost equal to murder and equal to
robbery because it begets them all
theft, robbery and MURDERS the Of
Tense of running gambling establish
ments and exhibiting gaming tables
and it should be made penitentiary
offense. The manner in which this
nefarious business is piled is temp
tation to the youth of the land, a de-
fusion to the-poor man, and does more
to demoralize society than any other
influence that stalks abroad under the
mantle of night. With its seductive
company, its bright lights and shin
ing piles of silver, removed from the
public gaze behind closed shutters; ii
holds out its tempting snare to all
classes alike, and deludes its victims
of the early night by allowing them
small winnings; but keeping them II
the fastness of its tolls until in the
late hours Of night their brains Ar
! heated with liquor or they become in
, toxicated with the bats that have
been thrown them-when their sci
control is gone and their recklessnes!
is aroused by their winnings, thts
!. slickfngered gentry. these destroyer
: of youth cluster about their damned
! haunts and rob every victim whom
: they can induce to enter their game
: Robbed of his hard earnings, rebuket
by his conscience, with sinking hear
the deluded wretch descends to tn
streets feeling that he is an object O
: scorn, smitten by sense of self dis
grace: nine chances to one his caree
, ends in his stealing, or in robbing o
: numbering somebody. Furthermore
! if your grand juries find bills agains
I the proprietors of these establish
: ments for exhibiting their gambling
3 devices, out of four cases small fine
: under plea of guilty will be imposes
= in two cases. and the remain
i ing two VIII be dismissed
. What is the result? 1t i
simply licensing gambling tables a
! the rate of about two hundred dollar
: year. The object OF the law is t
suppress and stop gambling. w
should no longer tamper with thi
crime, and while we punish by fine tn
: unfortunate victim of these snares
. let us make the penalty for keeping
!. such establishments felony 50 grea
! as to break up gambling hells, AM
= drive the profession out of the state
y How much fence cutting have you
: heard of since its penalty wa
, raised from misdemeanor to felo
s ny. The reason is that the lawless vii
not risk the preparation of the Grim
!, under so high penalty. Wipe thi
curse from the face OF the land, ant
: drive these gamblers from your town
and cities, so that when your wive
: and daughters walk along the street
: they may be spared the insult of thes
? shameless rascals, standing with thei
heads hung down in order to see tn
shape of their ankles.
AS to the collection of taxes, tn,
law is radically defective. A grea
many men will not pay their taxes
knowing the inefficiency Of the pres
I ent system, the worthlessness of ta1
titles and their chance of redemption
, and VIII stand by and permit their prop
. erty to be sold, trusting in redemption
under sale, or knowing in the event
they should be sued for the property
under the tax title that the purchaser
would never be able to get his tax
deed in evidence. l see but one way
to remedy this; that is suit directly
against the defaulting tax payer, and
if it is IN the case of personal prop.
erty, personal judgment to be en-
forced by levy upon any personal
property that the defendant in execu-
ton may possess; and, if in a case of
lands, an action brought and decree
of foreclosure subjecting the land for
sale to satisfy the lien created there
upon by virtue of the taxes. The
effect of this will be to compel every
one to either pay their taxes promptly
or to incur the penalty of cost, the
trouble and VeXation of a law suit,
and perhaps the dive5titure of title by
a sale under decree of court. How
many men, under such circumstances,
would fail to pay their taxes prompt
~? This cannot possibly work a
hardship, because, under our system
OF government, the government can
be maintained and conducted alone by
the will and help Of the people; and
it is the duty of every good citizen to
see that the government has proper
support, and If there are any drones,
to see that they either contribute
their part towards the maintenance of
governmen or be driven and crushed
out. 1t is unjust that part of the
people should by taxation contribute
to the support of the government and
another part who are equally as able
contribute nothing.
In reference to the election of county
commissioners, the present law should
be changed so as to require their cleo
tion-by the county at large, instead of
by the dsfferent precincts, no person
to be Ell gible for election as commits
Sioner of precinct other than the
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