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

law of Texas. The decision met with
general review and condemna ion.
| Under the facts of the Belo-Wren case
the decree seemed harsh and unprece-
dented. The defendants published matter
! which they were advised to be privileged.
! The court held to the contrary and the
penalty WAS heavy. The result has been
healthful to the extent of educating the
popular mind to the necessity for legisla-
tive amendment and relief.
| THE GAZETTE will also recall the mild
mannered scoring administered the Court
of Appeals upon the very evening Of their
decision in the Rothschild's case. Public
sympathy WAS fraught with the horrors
OF a murder most foul and unnatural.
Naturally, Rothschild should be hung.
So positive and determined WAS the pop
ular mind that the court were condemned
far and near for reversing the case upon
fundamental error. The opinion CON
Cured in by full bench was delivered
by JuCge Clark, then an associate, and
who as lawyer and judge stands peerless
in the realm, sans peur, sans reproche.
Similar disisvor attached to the bell
punch decisions. The fact that the Leg
islature repealed that law WAS vindica-
ton of the court and their opinion. l
mention these cases which are
fresh in the pubic mind to exhibit the
untOward folly of these spasmodic
attacks on our courts and the great
wrong and Injustice likely to be done
/ judges by exparte condemnation from the
press and the people. A people who
think and think soberly, should take uu-
der serious advlsement g proposition to
rebuke and distrust their high Judicial
| fnnCtinpariaS Move iSll side
issue, is this true of the legal profession,
whose primer is the Magma Charts, whose
Anglo S ,xon tradition is the right of
trial by jury, and in whose decalogue
the writ of habess corpus remains writ
CT right never 20 be suspended. Strange,
too, that from fhe numerous clippings
seen in THE GAZETTE relating to Mr..
Houston's paper some members of the
editorial fraternity seem disposed to fol-
low fast and follow faster. Gentlemen,
pause moment. The influence OF the
press is powerful. Individually
your relation to society is that
of a great conserVstor. You are
its guardian, educator and protect
or, the promoter of peace to defend the
right and suppress the wrong. Let not
there come from your saIctum reproach
of your judges too hasty. The ermine
itself is sacred; the msn who wears il is
himself your fellow citizen. A personal
reply is demanded OF these judges. How
would such a proceeding cOmport with
their position? Is it not known that they
are speeches.? Can it be expected tbst
a Judge enthroned upon the bench is at
liberty to respond to the demand made
upon him 70 rebut charges reflscting npon
mis- office irrespective the source? 1t
would De an insult to the oath by which
ne is shielded to expect it. The fathers
were sufficiently wise to provide &0T such
an emergency, and the indict-
ment $50 calleG) foucd in
this case specifies charges kroRn
to have matured long since. Legislatures
of which Mr.. Houston was an active ana
distinguished memb7r have come and
gone since then without 3 murmur
against these men in high office until at
this season when ere long they are to be
renominated for reelection or retired.
Why, if HrTsigned at sill, these Judges
we're not cited in legal form and manner
at the proper time and before the proper
tribunal to appear and answer why they
should not be impesched because of be-
ing corrupt aud ignorant does excite our
especial wonder indeed.
In a review Of this character 8 most
embarrassing feature to the difident
writer is the appalling temerity with
which these men in high place are ap-
prised of their stale, fat and unaccount-
able mot unprof!abe) ignorance. Honor
indeed to that patriot who reboding all
false modesty, and who, coupling conf
dence with credence, is bold enough to
confde such loss TO the republic.
Robed with the eancitity OF agee, canon
lied, to be sure with the blood of mar.
: tyrs, child Of revolution and reform, the
high court bench wears the iinsignis Of
high and mighty wisdom, where mind is
master, and where the voice of conscience
is the voice of God. Ordinarily, within
the breath OF such high atmos phere nan
are OYer-cautious, less they mistake the
pathway where angels fear to tread. To
chide tn foster child with imbecility,
whether wanton or wavering, is grave
and awful, affecting not so much the
censor himself, as to beWail the common
sense Of the people and msdly mock the
multitude. And yet Mr.. Houston, whose
Influence and prestige among the
people OF Texas comes as
, much from his own individuality
no doubt, as from tie great love with
| WHICH lucy N6DeIht0 LQe meLnOIy Oh his
grand and noble sire, to such an sccusa-
ton gives loud proclaim alton. The ex-
. emption accorded Judge Hurt is common
daole. At one time dissenting opinion
of that gentleman was the occasion for
similar open comment. In the King case
the position was assumed that under the
plea of insanity in q trial for murder the
burden wss upon the state to show that
the defendant wss sane. The popular in
ference wss that such doctrine, if cd
hered to, would revolution re the iqfis-
prudence Of the world, and hence, Mr.,
Houston can appreciate in general the In
justice likely to follow from such reyaizs
as he himself has made.
But Mr.. Houston's charges have been
met and answered. am not one 10 gsin-
say his motives, but the method he pro-
poses to my mind is unwise and ipjudi-
cious, and more likely when time shall
have mellowed his temper and softened
his spirit, he will conclude, with the rest
of us, that the country is not in danger.
The people are not slow to discover, and
when the time shall have come for needed
action, should Il ever come, they
will rise up in their might and sweep
from the face OF the earth the member
and his membership. Then indeed will
1 h. a