Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-03-06

tlus necessitstiag legislative iuterven-
ton GGsn. Laws 18Th Leg, p. ISL,
ssr, with still deeper precedence, NE
Roretold that the Appellate bench woult
nave occupants such as the authors OF
1 these inhibited publications, and with
vain zeal tried to limit the circu alton OF
doctrines that confuse instead of enligat
ening, and thst are at vsri:nceIwith law,
with Common sense aud themselves.
Now when men thus ignore the plain
recitals OF constitution which is the
source OF their official xisteDce and Vend
reports OF their acts In defiance of its eX
press lnhlbitfons We are not slrpri- ed that
they should similsrly disregard all rules Of
construction when applied to other nor
tons of that instrument and the statutes
81 grated upon il, and at last repudiate
their own opinions AID cease to be con-
sisteut with themselves, and display all
the eccentricities of geni1s with none OF
its brillisucy, the insolence OF power,
shorn OF its majesty.
Sirs, did you ever reject on the spec
tscle which you present? Did you ever
consider what the people of Texas would
think or the effect of your conduct on
her fiir fame abroad?
TIE idea Of justices OF the Court Of
Appeals of Texas peddlius their little re-
ports, whose very pub icstion WAS viola
tive of the constitution whose interpreta-
ton was entrusted TO those same justices.
Compare yourselves with Others. I'M
agine that q similar inhibition prevailed
in reference to the publication of the
United States Circuit Court reports, what
would be thought of 8 United States cir
cult Judge or Justice of circuit who
nnhliGh and sell q
book which YVES visible monument in
the eyes OF ell men of his contempt of the
constitution creating him?
II this action on your part caused no
surprise, abundant explanation Is found
in tue estimation in which you are held;
long since some of your opinions strangled
ell surprise. If you wish to surprise the
bar render an opinion that is not ira
yestY Of logic or misconstruction Of
law.
, am CAD to acquit Judge Hurt Of any
share in your financial enterprises; moth
| ing in this article Is intended to reflect
upon him.
g l honor him as a great jurist; among
( MS dissenting opinions is found the bes
/ law in the Court of Appeals reports.
e really believe that he would dissen
D oftener, but does not wish Il
t be conspicuous. His opinions are onl!
1 Objectionable when he hiss to make par
tisl surrender of his own clear concep
q tions Of the law IN order to secure tht
l. concurrence of his associates. His nat,
4 urslly great abilities gain an addet
= splendor from contrast. Time will viz
y dicste him, aud many of his dissenting
II opinions will become eternal rules Of &C
g ton when the pale creations Of his 1850
e ciates have vanished So doth vHpor
6 his dissenting opinion in Gordon
n case r23 Court Of Appeals, p. 2l9,
8 is one OF his manv brilliant struggle
d sgaint doctrines which he cannot sane
is ton with honor or oppose with success
l. In October, 1886, there appeare
If ''Willson's Forms, by Hon. s. A. Willso
Is of the Court Of Appeals of Texas; pric
n S." This publication conflicts OIL
ot with the rules OF propriety, and outrage
l. nothing unless the traditional reverepc
I, with which English speaking people re
e. gard the bench. insist that it is nc
), proper, that it is unseemly. The boo
!, contains all sorts of criminal forms
" some of them defective, indictments
I'd complaints, writs, bonds, charges, judg
W ments, (nisi snd fnaD, bills of ex
~ ceptions, assignments OF error, etc, etc
le Now many of the forms there have BEEF
il sustained, and many of them have nc
s. been passed upon by the Court Of Appeals
le but are likely to come up at any timt
I'd Thus, Wilson, ]. is interested in the pull
X licstion and sale of book which expires
ses his opinion on cases which, while EC
ty directly before him for adjudication, al
Of certain to be so il time is allowed.
Of may be claimed that he would not 81
il where the suficiency of his own "forms
I'd was before him l knoW better. wi
~ liams vs. State, % Ct. of App, p. 40
OF Now submit that If any private perso
re had published book of forms and pre-
re cedents upon the sufficiency of which Ii
lie Court Of Appeals must pass, and the
st rulings, adverse or favorable, were I
L. have corresponding effect on the valU
&c and sale Of the work, and the publisher
ne disposed Of an interest in the work to th
lie members of that bench, there lives NJ
the politician, much less the Judge, VII
l could survive the Just odium of such
transaction. Righteous indignation woul
d; blsz9 IN every breast. What, then, sha
III be said Of Judge who Vent
book containing nothing bJ
8; presidents upon which he must pass, an
st thus constitutes himself q plcsder and
q judge Of the suficiency Of the plesdingE
m Justice Wilson, you wrote that boo
upon the bench, end in Williams cas-
ABOVE cited, you uphold your own form
c. thus voluntarily placing yourself in
u situation better imagined than described
The time has iorg since passed for 20
P to reflect upon the propriety of your att
ne tude. II you repndlate your precedent
OF you cut a ridiculous figure; If 20
s, sustain them you only reiterate o
oy opinion which we have long since pal
We So to Obtain. Can any one imagine job
In Marshal or Roger B. fancy q will Nc
D. cite Royal T. Wheeler, for the Court {
;h Appeals have overruled him sitting O
tie bench selling book Of Forms" fo
lie charges and indictments in their cour
o. and at S. per volume? This compori
b. not with the customs Of our ancestor!
he and has no parallel in the jurisprudenc
ed oil the nation. a work like your propose
Id Annexation of the Statutes, or Hobby
On Land Law, or Benz amin on Sales, doe
{? not psrtake Of the character of your forms
p A book like those is net excluslvel
I'd for use in cases of which you have origins
n, or appellate jurisdiction, and contain
st nothing upon which you are called upo
pass, and of which you are at the sam
e. time the warranting vendor snd Judge.
A. The manufactured vnlnmes of the GnuI