Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-30
ROOM FOR REFORM.
Why is There Such Delay in the
Courts OF TeXaS2
a Fort Worth Lawyer Ventilates Some
Glar.ng Cases OF Laxity Need.
ing hemedy.
Process OF Court DIsobayed with Perfect I'm
punity-Spbponnas Worthiess-Work
for the Legislature.

eli you are looking for justice, young
man, you need not 90 outside the Lone
Star state.
And the talented lawyer, one who en-
joys an extensive practice in Fort
Worth. gave broad flourish with both
arms as he made the above remark.
The young man addressed inquired:
'If tina. is 90. why is there so much
complaint OF delay IN the trial of cases in
Texas?'
cit is because there is delay-delay ;,
700, that is unavoidable under the laws
aud rules now in force, regulating the
courts, but which would be unnecessary
delay If we had some needed modification
of the laws.
A GAZETTE man who heard this re-
mark inquired further into the matter
II il only necessary to say that the law
Yer who gives The following interview is
fl leading practitioner ut the Fort Worth
bar, of large experience, and one whose
statements are perfectly reliable.
Said the reporter: ''W hat are the
features of the law that need modifica-
tion in order to prevent drlay,''
1.-The delay and loss of time in ths
courts are largely due to the Insufficient
and inefficient machinery for running the
courts. In the first place the courts are
in manv Instances powerless under the
Jaws of our state to inforce such obedi-
encp to their wrIts rs is necessary to eX-
pedite business. Every one knows that
most of the delay and loss of time in the
courts results from the fact that parties
are not ready, and this results from the
nun-Grtpudnnve of witnesses who have
been summoned TO attend by writ of the
court uuy issued ami served.
but why do not the court fine aud
properly punish defnuItiug witnesses for
contempt of court in refusing 10 obey its
process commanding their attendauce?'
''Wpll. in criminal cases in the ma
jority of Instances, II does no good TO
rne, for the reason that the majority OF
Witnesses in such cases are insolyent,
ami n fire cannot be collected out of
them. when II criminal case Is called
and the witnesses who have been sub
pHnned are not present the court can
Line them and cutter n conditional judy
mtnt against each OF them for his fine,
and order The CLERK 10 issue citation to
the witness to show cause why The jud--
meut should not be made final. The law
does not GuthoriZs the citation to the
witness 10 show cause the next day or
within five or ten days, or such time rs
the court may believ3 reasonably sutii-
CIeut in order TO test the truth of the
excuses mude FOR non- attendance by
having an investigation while the facts
are al fresh in tbs minds OF those who
know of the Whereabouts aud condition
of the witness nj the time he should
have attended. But Instead of this. il
requires that such citation shall: be served
III the manner aud for th3 length of
time prescribed for citations in other civil
actions. And this means that the wit
ness shall be served with citation for at
least five duys before the next term of
court, and he is required to answer
at the next term. This puts the
investigation of the question rs 10 why
he did not attend OF. In the Justices
court for about one month, in the county
court for two months Hud in the district
court for four or six months. And by
that time the facts and circumstances
surrounding the party are so far for
gotten that fulse excuse is easily sus-
thUrd.
''But this delay is not the worst feat
ure, for after tbs clerk has issued eta
tion and the sheriff served it aud the
term. and judgment final entered
against the witness, then execution can
issue; and the sheriff searches for prop
erty TO make the fine out of and finds
none, and makes his return accordingly.
And just here the matter ends. The law
makes no provisions for further steps to
punish the party thus in contempt of
court hy refusing 20 obey its process. -
''You do not mean TO say that the law
fails 10 authorize the court TO issue ca
pias ana have the party fined. arrested
and made TO serve out his fine in prison,
just like il MAKES them serve out fines
assessed against them for violation of
penal law?'
eyes. that is just what mean to say;
there is whore the great defect is to be
found. The great majority of witnesses
in criminal cases, especially in cities,
are insolvsnt and care nothing for "a fine
carried into judgment. He knows the
clerk and sheriff have each done a lot OF
work in getting him served and judg-
ment entered, and also knows that they