The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-07-15

therein, or such Judge and lawyer together, for
seven years, at the time of his election appoint
ment.
Section Each justice of the supreme court
shall receive an annual salary of not less than
$1,000"
The discussion of amendments proposed to sec.
ton Z, consumed almost the entire afternoon, as
presented by majority of the committee.
Section 7-The supreme court shall have under
such regulations as may be prescribed by law, ap-
pelate jurisdiction co-eXtensve with the limits of
the state of all final judgments rendered by the
district courts in civil cases originating in the dis
trict court, and in all matters of probate. There
shall be no appeal of civil cases originating in the
county and justices courts to the supreme court.
Judge Bassett, of Brenham, dissenting from
majority of the committee of which he was men,
Der, proposed the following amendment of the
above article Strike out "orignating in the dis
trict court" and strike out the last sentence
in the section. His amendment provoked
lively and very earnest discussion by several
of the leading members of the Texas bar. Most
conspicuous in the debate were the utterances of
Governor Roberts, made in reply to the arguments
of Messrs. Bassett, Bledsoe, Evans and Others who
favored the amendment, and by some of whom he
claimed to have been misunderstood and misrepre-
sented.
GOVERNOR ROBERTS
Governor Roberts said: "Mr President-I pro-
pose to make myself understood. l approve that
section as it is there, and want to give my reasons
for it, About twenty-five or thirty years ago-l do
not recollect the period eXactly-the supreme court
of the state of Texas decided that there was no
appeal under the constitution as it then existed
Judge Hancock-Twenty-eigh years, governor.
Governor Roberts = Very well. From the
Justices court to the district court; did not have
county court then, with civil jurisdiction They
only had charge of probate matters is my recolec-
.tion, and the law authorized the appeal from the
Justices court to the district court. The constitv
tional objection was raised before Judge Mill and
he decided that the constitution did not allow an
appeal. 1t went to the supreme court of the state,
presided over by Davis, Wheeock and Lipscomb,
and they decided that Judge Mill was right, and
from that day on mp to the time of the late civil
war; there was no such thing as an appeal from
justice court to the district court.
In fact if either party had any grievances, If
there was any such irregularity or injustice done
as that either party desired the matter to be re
viewed by the district court, petition could be
filed and certiorari awarded and the case brought
up and tried de novo. 1t operated well, but that
was the law decided by the supreme court | will
give you case to illustrate the view endeavored
to present to you to day A man by the name of
Bluer, in the town of Nacogdoches, was sued in
Justices court for a merchants account in the
sum of 81 for pound of powder, by one Mr.. Che
% and tbsTa WAS some
sort of defense to it. The case went
to the supreme court and cost the parties at least
$500 apiece. Bluer plead that he had paid the &C
when he was collecting. Now, suppose we will
say that laborer is digging we'll for somebody.
The man for whom he Is digging the well gets mad
at him. and lets some af his tools get broke.
know of some cases of that sort and the poor fell
low sues him for S25 for labor performed, but the
proprietor makes defense and carries the case to
the supreme court How much money does it cost
the well digger!
1t is very fine thing to say that every poor man
has the right to appeal put he loses twice what he
gains in the supreme court Applause and
cheers1 1t is to his advantage to have saort JUS
til at home. He is more likely to get it there,
prolonged applause and not be hushed up by
some rich man through all the courts, and made to
lose his labor over and above what he has sued for
know that there is a very common idea that the
poor man has the right to Ego up" Well, of
course he has, [laughterl but the law which gives
him the privilege of going up, gives
the to hint the tbro%sb rSe tSe
courts and destroy the little gains that he has
worked for. Laughter and applause. No, sir;
bring justice nearer home, and you will subserve
the ends of the poor mans rights better. Ap-
plausel How was it one hundred years ago? In
all matters under five pounds the court of con-
science adjudicated it, and that was the end of it.
They settled all such difficulties at home according
to justice and common sense and so it ought to be
with our little justice cases. don't say lawyer
ought to be sent to the pententiary for going into
Justices court, because sometimes very import
ant matters come up In such courts, but II neigh
right, right '' It is ~ better that way
than than to have it 60 up through all the courts
Applause. That is the reason advocate putting
that provision there. saw the working of it for
ten years in this county, and any man who has had
injustice dond him in Justice court could, employ
a lawyer to draw petition for him and have the
matter adjudicated by twelve men in the district
court.
But now, as to the county court wish to be un-
derstood. How is it with reference to your federal
courts? man is sued for the sum of $4,000. Can
he appeal to the supreme court of the United
States? He cannot, that is, if it is a mere
money debt. The supreme court of the
United States is three years behind now, and if
every case went up there they would be thirty
three years behind instead of three: Our court !!
suppose, is two or three years behind, and If all
these cases of small amounts are to 90 up all the
remedies that we can offer will be llnavailing to
transact the business of the country In the county
court, aman has jury of elk of his neighbors, and
the matter is adjudcated by them. We have put
it in here that the county judge must be lawyer,
and he ought to be lawyer. [Applausel 1t was
adjudicated then before the county judge with a
jury if it is demaneed is not satisfied there,
he appeals it to the district court, and there the
matter is tried, de novo with all the preparation
that he can make in the meantime, and if it goes
against him there after additional investigation and
additional opportunity for each man to strengthen
his case, and to employ, perhaps, better lawyer,
why then he he ought to be better satisfied.