The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-03-21
Explanation OF House Bill Con-
cernlng District Courts.
To the Editor of the Statesman.

|
In your daily of the 9th noticed COM
munication from Llano relative to bill
introduced in the legislature by Hon. W.
A. Williamson, of Kimble county, at my
instance, concerning the jurisdiction of
district courts in misdemeanor cases, in
which communication the writer evinces
his utter ignorance of the provisions of
the bill. 1t is not the purpose of the bill
to in any manner interfere with the jutis-
diction of the county and Justices courts
in criminal and other cases, further than
to provide that all misdemeanor cases
presented in the district courts shall re-
main and be tried therein and not be
transferred to inferior courts for trial.
This bill was prepared by me and intro
duced by Mr.. Williamson at my instance.
1t embraces all the counties in my Judi
cial district, excepting Mason and San
Saba, and 1t does not embrace these two
counties, because the district courts of
these two counties already exercise the
jurisdiction provided for in the bill. The
bill was not stealthily prepared and
introduced, as intimated by the
writer. At the last time of
the district court of Llsno county, which
was before the legislature convened, 1
mentioned this matter to the grand jury,
to some of the county officers Zone of
whom was the county attorney and to q
number of other persons, and not one of
them dissented from the opinion that it
would be right to change the law as pro-
vided for in the bill. 1 have yet to find
the first man in the district who under
stands the bill, outside of those who
| do not want to see the law enforced and
who are not pecuniarily interested, that
opposes it, and have canvassed the mat
ter a great deal over the district. l am
aware that some petitions have gone in
against the bill, but dare say not one of
the petitioners understood the provisions
Of the bill at the time he signed the petit
ton. 1 have conversed with several of
those who signed the petitions and ex-
planned the bill to them, and every one of
them to whom I explained it said he
would not have signed the petition if he
had understood the nature of the bill at
the time he did so.
While Llano county has an efficient
county court and county attorney, num-
Der of counties embraced in the bill do
not enjoy these luxuries, and
misdemeanor cases presented in their
|
| to Justices courts for trial. which, as a
general rule, means farces and acquittals.
| cannot perceive wherein is the good
sense or economy of transferring cases
from competent district courts to inferior
courts for trial.
The Llano writer alludes to the very
successful result in the disposition of the
criminal cases tried at the last term of the
Llano county court. Nearly all the cases
disposed of were gaming cases which had
been presented in the district court by
Indictment and transferred, and in which
the defendants made no contest, but
plead guilty. L don't think the Llsno
writer should claim that all this success
was attributable solely to the efficiency of
| the county court and county attorney.
| The careful manner in which these cases
we're investigated before the grand jury,
and the fact that no bill of Indictment
was returned by the grand jury excepting
wherein the evidence was conclusive, ap-
prehend had much to do with the success
of the county court l presume the de-
PENDANTS would have waived juries and
plead guilty as promptly in the district
court as they did in the county court.
The county attorney admitted his inability
to unearth these gaming cases, sand invoked
the aid of myself and the grand jury in
the matter, whereby he reaped quite a
nice harvest. 1t is true if these cases had
been tried in the district court it would
have been money in my pocket, but
would have received it In compensation
for my own work, and not for the work
of another. While could soon get up
large petitions, signed by the best citizens
OF the district in favor of the bill, yet do
not deem the measure of sufficient i'm
portance to warrant me in putting myself
to so much trouble. Hence, shall leave
the matter to the good sense and judg-
ment of those whose business it is to to
pass or not pass the bill. Respectfully,
W. W. MARTIN.