Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-03-07

the Tudors, and latterly the hated Stuarts,
to Cypress that people till IL culmlnat IN
the death Of Charles The L, and 3 pro-
tectOr-Cromwell-aud decade Of bloopy
wars and civil strife till the LAST remnant
Of the ministers Of that court were laid In
z ry vestment awsy to their long sleJ.
The "Star Chamber" % called from IL e
Stars that shone in the hsl and ceiling
Of Westminster Palace and shone only for
the secret tribunals thst set ID Judgment
on the lives and property rights of men.
His construction of this clause In our
constitution would make it treason for
anyone to publish the reasons for the
rules Of property rights this Court Of APP
peals have given. Any act of communi
cation from one to another could be con-
strued INTO publication by his rigid
construction of thi. law. Hence if
neighbor a were to say to neighbor B
you can, or csn not, as the case might be,
bring this action because the Court Of
Appeals may pass upon it, and they have
decided the case thus and 70, this would
be violation of the gentlemSn's con-
struction Of the constitution. The bare
statement Of these legitimate deductions
from his "fRct" that he starts out with is
enough to confute it
Now in our humble Judgment this and
no more was meant OF this inhi6iting
clause, that the same necessity for publi-
cation should not exist in these puoIica-
lions as in that of The regular state re-
ports as it Hforetime was. The reason
being that the state would thereby be
saved 81 additional expense of publics-
ton. 1t msy have meant more, but sure
ly not to the extent of making those who
essayed publication, guilty of violating
the constitution. Now let US see il the
acts Of the courts and those who have 10
deal with the courts do not bear Us out in
rhis2 First take the decisions of the
Supreme court. We frequently see the
Court Of Appeals decisions quoted
in the Supreme court decisions
so often that it is q waste Of
time to stop and count them. Here, If
you please, is violation of the coDstitu-
ton, for it is publication or an aiding
and abetting the same. They point out
the very page where White and Wilson,
or Wilson alone, have violated the law,
and quote the act IS authority. Our
worthy brother bad better amend his in
dictment and include the Supreme court
IN it. Then we take the Hon. John
Styles publications; he is to the manor
born almost, at lesst has been here longer
than the honorable gentleman who was
born here. You will find him IN all Of his
late works quoting this same reasonable
author-Sam Wilson-Who WAS also born
in Texas. Suppose he be included. You
will have to indIct him about 1900
times in his new Annotated Statutes.
Much might be said IS to the value Of
these works to the profession, but enough
has been said in the gentlemGn's article
to show that the bar throughout the
state appreciate the efforts of the publish
ers by the very best token possible-by
buying them: 1t cannot be said that
every time o lawyer reads one OF these
opinions to 6 court that he is violating
any rule of law but is simply showing
what the law is as decided by the tribunal
created by the state TO expound the law.
Now as to the fact that this court does
reverse itself in many instances. This Is
not confined to this court or this state.
The gentleman well knows that there lie
volume after volume written on cover
ruled cases." The gentleman reaches
the confines of the grandiloquent when,
in his peroration, he eulogises the Su,
preme court "of the days of old" an says
that their fame was heard on the shores
of every ocean-that the ermined cham
cellor Of Albion's realm was proud to
find his construction Of her common law
sustained by the genius and research sol
our Supreme judges of YOre." .
Is he really in earnest when he pub
fishes to the world tnst the English courts
of last resort fad it necessary in sustain
log their opinions to quote the mixed sys-
TEN of law and equity that we have
adopted here? In the opinion OF the
writer cur system theibest and simplest
yet invented, but is it to be supposed that
there is any particular reason why the
courts Of England should commend Texas
any more than the many and various
courts that have emansted from that hive
Of human learning and progressive
tbought-the English-composed OF the
Angles, the Saxons, the Danes, the Jutes
and the Norman French, that oVerspreac
the earth and mark the modern civiliza-
ton of the present era? Surely no. We
must think the honorable Senator is tip
ping US little taffy. G. c. CUMMINGS.