The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-05-14
THE LAWYERS.
Second Days Proceedings of the STATE
RSr AssUeiafiou;


Second Days Proceedings of the STATE
= Bar Association;
The Association was called to or
der by Hon. A. J 3. Peeler, Vice-Presi
dent. a..
The Secretary read the minutes O
yesterdays session, which were adopt
ed. The following applications fol
membership were presented: w. d
Williams, Oceola Archer, r. l.. Brown
and Joe II. Stewart, which were re
ferred to The Board of Directors.
F. H. Prendergast, member of the
Committee on Jurisprudence and
Law-reform, made the following indi-
vidual report, which, coming before
the Association, was considered and
acted upon as the report of the Com
mittee.
To the President and Members of the Texas
Bar Association
observation-disclosures being no other
member of the Committee (of five) on
Jurisprudence and Law Reform, pres
ent, L present my individual views on
the questions which l think the Com
mittee should consider, viz:
l. think the law should be so
changed that when case is appealed
and reversed, the clerk of the Supreme
Court should be required to issue
mandate and copy of opinion, at least
on the request of appellant; whether
the costs have been paid or not. The
present law makes hardship. sue
for tract of land, judgment for de-
PENDANT; l appeal and judgment re-
Versed at the costs Of an insolvent ap-
pellee, and am compelled to pay $50 or
500 costs, to get new trial. The
State should relieve litigants of the
expense of correcting the erroneous
judgment of the judges.
2. AS the law now is, the Supreme
Court, where case has been tried
by a judge and no jury, will reverse
or affirm a case upon consideration
OF the evidence legally admissible:
These cases should be tried in the Su-
preme Court by the same rule as other
cases. Some evidence is legal unless
objected to; but why object; when
your objection, if oyerruled, will not
be decided on appeal.
3. Capter 1, Article IL of Criminal
Procedure, provides for INQUIRIES as
to insanity of defendant after con-
victlon; there seems to be no provis-
ion for trying this question before
conviction.
Art. 1923 Criminal Procedure, con-
templates a separate chapter and re-
fers to chap. 2, title IL, and chap. 2,
title IL, is on a different subject. Art.
80, of the Criminal Code, provides that
no person shall be tried when he is
insane.
There should be a plain direction as
to inquiring into the question when it
is claimed that person has become
insane since the commission of an act.
4. There was a law pretty thorough
ly discussed at the two last sessions of
the Legislature, providing for the pro-
rata distribution of the property of a
debtor whtn an attachment has been
leined on his property. The enact
ment CT such law is an innovation
upon a rule of procedure of such long
standing that it has almost become
rule of right, and should be acceeded
to upon great caution. The attaching
creditor should receive the benefit OF
his diligence and pay the penalty of
his rashness. If a pro rata dlStribu-
tlon is desirable the creditor so desir-
ing should take the initiative by direct
proceeding for that purpose.
5. The law regulating the taking of
dispositions should be further
extended so that the par
ties to suit may appear
before the officers and PROFOUND oral
questions to the witness without be-
ing compelled in all cases to file writ |
ten questions.
6. Claimant should be permitted to |
prove the execution of deed by any |
person, without the necessity of calling |
or accounting for the subscribing
witnesses, and the principal of White
vs. Holiday, 20 Texas, 682, should |
govern all cases, without the restrict
ions on it imposed by the cases, Sam |
pies vs. Evwln 40 Texas, 573, and
Virgins VS.. Fleishel, so Texas, 3d. |
subscribing attests nothing
but the grantors signature.
z. During the trial of the right OF |
property, the parties should be COM |
PEELED to plead as in other cases.
8. The grand jury should have a
clerk to take down the substance of |
testimony which should become q |
record.
F. H. PRENDERGAST,
For Committee.
Hon. T. S. Maxey offered resolu-
tion in relation to continuances in
trial courts.
A committee of Messrs. Roberts,
Maxey, Green, Terrell and Garrett
was appointed on Hon. F. III. Prender-
CASTS report.
Judge Gould presented the report of
the Committee on Legal Education
and Mr.. Garrett that of the Committee
on Printing.
Applications of Messrs. w. D. Will
liams, Osceola Archer, J. s. Giyens,
r. L. Brown, Joe III. Stewart and ID,
G. Wooten were favorably passed
upon for membership.
The Secretary reported total re-
ceipts $24O, and $316.50 on hand, and
the total expenses $3.50.
r. G. West, Treasurer, reported 1851
turned over to him by his predecessor.
The President then appointed the
following as the committee on publ
cation:
Dudley G. Wooten, G. G. Garrett,
T. S. Maxey, Oscar Bergstrom and Z.
B. Willett.
The Board of Directors made the
following report:
To Hon. w. L. Crawford, Vice-President:-
Your Board of Directors have con-
sidered the application for member
ship of F. G. Morris, L. j. Storey,
Thomas McNeal and r. G. Walker,
and recommend that they be received
as members.
F. H. PRENDERGAST,
G. G. GARRETT,
For Board OF Directors.
On motion the report was received
and the application balloted for, and
elected.
The applications of John Dowell, q.
T. Fillmore and w. J. Bailey were
received and referred to tie Board of
Directors, and having been reported
upon favorably, the applicants were
ballotted for and unanimously
elected.
Hon. 10. Terrell moved that the
next meeting of this Association be
held in the city of Dallas, on the first
Tuesday in July, 1885.
Hon. John Hancock moved to
~, T11ocdou in