Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-03-18

VtOEu IN the organic law creating
that court that sin civil cases its opinions
shall lot be published unless the publics-
ton of such opinions be required by law"
/ It's decisions in this class of cases re-
msined unpublished, excepting to
limited extent in newspapers and law
magazines, for several years after its
organization; and while the new cOnsti-
tuition Of 1876 and the general revision OF
all the statutes in 1879, brought up many
new snd perplexing questions that did
not come within the purvieW OF the Su-
preme court, and could not be appealed to
that tribunal, judges, litigants and attor-
neys in the county courts labored under
the serious disadvantage of q want Of
ready access to the rulings of the Court
/ of Appeals on these questions. At length
/ Judges White and Wilson undertook q
brief collation. of these decisions, two
volumes of which have now been issued,
and in so doing they haVe rendered an in
estimable service to the people of the
state. These works have p owed Of great
benefit to the courts and to q proper ad-
ministration of the law, and it is be-
lieved that they are more frequently re-
ferred to In actual practice than any
i other two law books In the state. 1t is
strangely commended, however, that the
publication Of these opinions was In
tended to be absolutely and entirely in
hibited, and hence 1t must follow that the
brief expression quoted, found in the
article relating TO the Court OF Appeals,
Was intended to restrict and abridge
another general provision Of the consti-
tuition, (section s, article l of the bill OF
rights) declaring that "every person shall
be Ct liberty to speak, write or publish
| his opinions on sny subject,
and no law shall ever be passed curt8il-
ing the liberty Of speech or OF the press"
provision that has, ever since the days
of Magma Charta, been Justly regarded as
one of the strongest bulWarks Of peo-
ple's liberty. Under the Senator's con-
struGtiOn the people are practically,
though Indirectly, forbidden to know and
to learn the law on which their rights
depend. II is to be said to the credit OF
some aacient tyrant that while his laws
wele written in such small characters and
posted up SO high as to be
comparatively inaccessible and unin-
telligible to the people, yet at
least their publication was not entirely
forbidden. The reasoning by which it is
sought to maintain this construction Of
the Texas constitution is somewhat origi-
nal lawyer of PRESIDENT vision, it is
said, foresaW that there would be q con-
fiict OF opinion between the two courts,
and his idea WAS to KEEP the conflict
hidden from the public view by forbidding
the publication OF one set of the opinions.
He was not, 1t seems, seeking to obViate
the trouble itself, the Hctua. conflict Of
decisions, but merely to prevent the "dis-
graceful spectacle" Of 1t by keeping the
matter as quiet as possible. His plan,
however, Is ms ffectuaI for the purpose,
since the judgments of both tribunals
must be delivered in open court, in public
essemhl'. The entire difficulty could
have been avoided by simply requiring
that the Judge about to render a conflict
ing opinion should retire to some lonely
spot and there deliver In a whisper to ths
winds the shameful statement tEat his
, Judgment snd conscience were not in &C
cord with that OF some other man or set
: of men. 1t is Said that some men are bald
not from age, but from . knowledge
of the constitution; yet it is rot quite
apparent that our brilliant Senator is IN
such condition as that he would ne
: cesssrily escape the fate Of Absalom
, should ne too rashly steer his Rosinante
! beneath the spreading boughs of some OF
the oaks tina, grow by his "streams that
4 gem the vsles."
1t may be further noted here that this
7 alleged violation of the constitution first
d, occurred some five years ago. and yet the
/ Legislature has taken no steps whatever
( to remove the judges from office, ethel
I by Impeachment or address, nor do the
Z records show any effort whatever on thu
= part of Senator Houston, as member Of
/, that body, to enforce the law Gas he un
s derstands il in this respect, and to dis
e charge the duty devolViDg upon him.
: is true that at its last session tie Legisla
D ture did proceed Sgsinst district judge
0 for malfsEsSnce in Office, bat with WHIST
ever vigor and power and scathing denun
? cistion the Senator may have in that case
E sought TO vindicste the sRDctity OF the
e law, and the purity Of the Judicial ermine
!, end however much he may have beer
r disappointed in that the adverse
! action OF the other House defeated hi:
= gallsnt efforts, yet still his neglect o.
s duty in the other matter shows an evident
e partial ty that can be explained away only
D on the hypothesis that ne did not then
!, really believe judges White and Wilson
{ guilty, but has since then overruled his
=, own opinion, or had his own opinion
u
1 Connor, % Court Of Appeals reports
= p. 37S1
II is also charged that Judge Wilson, III
: publishing book of forms in Crimina
= cases, hiss done an improper and unseemly
} thing, The improperly, it is argued
I grows out OF the fact hist, as Judge, he
: may be and is some times called upJn tC
: pass on the sufficiency of the forms con-
6 tanned in the book, and that having sold
the work, or some interest in 1t, to the
g publisher, he stands In the attitude of q
3 "wsrI enting vendor" as 10 the correct
g ness of each form in it; hence, IL is to be
inferred that bliss Of interest and pride
: in the matter may prove strong enough
E over his oath of duty and sense OF justice
e alike, to warp the Level Judgment
e OF q man of mature years, and established
? reputation, selected by the people for one
+ OF the highest Offices in their gift. 1t /;
b. not asserted, and cannot be truly said,
I that Judge Wilson is, at law, and as 6
I proposition of law, wsrranting vendor
{ OF the correctness Of his forms, and his
J connection in financial interest with the
| matter Is too inconsequential end remote
to be entitled to serious consideration
nor is it likely to weigh particle in the
Judgment Of sensible men when called
. upon hereafter to determine his fitness
! for reelection TO his high office. II the
Senator we're 6s familiar with the stan
derd law works Of our own country as he
is with the "desolste temples snd deserted
Il palaces of imperial Sesostris," he would
, / krrn hat 81 h. nplTrRrf