Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-03-21
MOTION IN ARREST.

Court OF AppBelB Iu-E1meo ana HI
Advised Policy and Prudence Noted,
Anteeedents-Lsw and Light.
FORT WORTH, TEX Feb. 20, 1888.
To the z ditor of the Gazette.
Mr.. Temple Houston, in his strong and
bitter invective against two members OF
the Court of Appeals, who constitute q
Iuling majority Of that body, does not
pretermit we'll advised, yet convenient,
adjunct, ipso fscto, impso jure. In view
of this hypothesis, the members sssailed
are to be congratulated; otherwise the
attack is seemingly unparalleled. The
charges Of mnlfesssnce preferred and sup
ported by color Of argument, so! studied,
so terrible and vindictive, with citations
full and definite, could not have been pre-
coded by more calm assurance than Mr..
Houston's own reference to the common
existence Of two sides to every question.
But for this hslf-relentiDg stroke
of the pen, the premises considered,
any attempt at review of Mr.. Houston's
article would be idle folly. The metaphor
employed, also, to enfranchise and en-
noble the common highborn paternity Of
q well-regulsted judiciary, moulding,
mastering, maturing and maintaining q
proper construction Of Just laws with re-
spect to their inherent relation to the
body polite, is interesting and attractive
Mr.. Houstou'5 introduction is heir to
thAt species CT sentiment to which civil
zed snd enlightened mankind every where
bows with uncovered heads. Very true,
G birthright begotten of blood, end Or
dained as the bulwark of human liberty,
should contTive snd necessitate eternal
vigilance.
With respect TO what is termed Mr..
Houston's sc8thing Indictment, TIE
GAZETTE, actuated by spirit OF common
fairness, Offers, SIS sine qua non, the
following:
The Indictment is of that character
which demands relOlnder. in Justice to the ar
Taignet Judges Themselves, to the people whose
sc wants they are, and 10 the msjesty of that
law which judges expound and people rely
upon. The columns of TIE GAZETTE are open
10 he judges go terribly arTalgnel at the bar of
public opinion, and this paper sincerely hopes
its protfer msy be accepted.
Later you say:
a That Indictment de rands reply care
fullv prepared, and for the sake of Texas THE
GAZETTE trusts IL may and will be made. rOr
the SAFE OF the judges and the law and Of the
state, there should be reply commensurate
in power with the attack.
The cosmopolitan press Of the state,
Slso, have given extended notice to Mr..
HOuston's paper, and in some instances
have passed judgment Of condemnation
into the hands Of 5 fsr-reaching populace,
whether such judgment be conservative
or radical, rational or irrational, Just or
unjust, wise or nernicious. 1t occurs to
me Just at this point to consider well our
reason and affections. The spectacle pre-
sented for review is unWelcomed. It
bn -
strange and awkward to all men fee
born and intelligent. The revolt Is not
SO mucl against those in authority as
against the institution itself. The officer
may be succeeded, but the Office must
remain and endure. II will be q solemn
day when this all powerful branch of gov
eminent, its alpha and omega, TO which
all existing operative and creative power
is subservient, guarded as it is by osth
and sacrament, shall meet with undigni-
fed and unrestrained reproach. And
must here respectfully dissent to this
character OF polemic ss being the
mode and policy to be pur-
sued in prosecuting the personnel
of any court, high or low. II there l.
treason in the laGd, thwart it; If evil
exists, suppress it; clean out the stables
to be sure, upon this hypothesis; aud the
author who sreaks with such coDfidiug
care of our simple little codes best knows
the plan and policy. Moreover, where
will such controversies end If persisted
in? To what common disrepute will the
cours Of the country be subjected? Who
in the main will embolden such discus
sion7 How far will the ssnctity LOT the Law
be maintained, and where Withal will
crime and devastation fud limit? are
questions well worthy to be considered
Cast opprobrium upon the bench, distill
even q whisper of faint or suspicion,
whether founded Justly or uD1ustly, and
you impair the influence of the
courts, its DEGREES become mockery and
society willful sham. In this day snd
time the citizen is proud Of the name
and fame Of this mistress; he Is Jealous
of her honor, and his disposition is to re-
buke, not to tolerate and encourage that
which by association ard inference st
least leads to her contempt and dishonor.
would not be understood as holding
sloOf the opinions of a court as being in
violable aud intalliole. By no means.
Reviews Of such opinions are common in
legal journals everywhere. All such
serve 70 enlighten and enlarge, rather
than defy the subject matter, and are can.
ulS5 NpOu LuC allEl. OuL W du(s
condemn SUCH opinion, eX cathedrs,
is dogma most unwholesome.
Mr.. HoUston's Indictment, go called,
has not failed of sntecedents. The latter,
more frSil and timid to be sure, came
forth to see the light of day, to curse the
court, and then to-die. The most noted
of the inspired productions have come
from members of Mr.. Houston's profess
sion Gas also my OWN, otherwise the
principle might not evolve how that the
good die early. l need not sacrifice the
import of local history for illustration
and example. The famous Higgins case,
in which was involved the constitution
atty Of the liquor tax asIthen levied, iss-
sessed and collected, Wss q test case be-
fore our Supreme court. Associations
were formed in numbers throughout the
state for the purpose Of defeating this
tax, Snd injunctions were granted by the
score to abide the result of the above
case. Judge Roberts in his opinion re-
versed the case and declared the tax I'M
constitutional, but on motion for re.
hearing, submitted and argued by the
lsmented Thomas NJ. Jack, the case
was affirmed, The court comprised Rob
erts, Moore, Gould, Reeves and Ireland,
but, unfortunately for that body, they
were uuahle To agree with a neT centaoe