Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-05-21
THE JUDICIARY.
AMENDMENT TO THE CONSTiTU.
TON DISCUSSED.
Reasons Why the Amendment should be
Adopted by the Peopie-Reference
TO the Present Court system.
CoRsIcASA, Tex. May l., 1921.


commissioners courts. or justice courts moi
any court below the district court, and the
only change in the district court is TO give
that court general Jurisdiction. The mate
rial change is i'll the supreme court and the
regulation of civil appeals. The present
court of appeals is continued unchanged
except it is called the court of criminal APP
pealS, and all civil jurisdiction is taken
from it.
The change in the supreme court iurisdic.
ton is as follows:
The state is divided into not more than
three supreme districts in each of which
there is permanently located q court OF civil
appeals. sitting nine months III the year,
which hears and finally determines all civil
appeals which are now decided by the Su-
preme court and court OF appeals.
Now these courts being supreme and act
ing independently would differ widely upon
question of law, or upon construction of
statute and constitution. and If no arrange
ment was otherwise made. would be COM
PEELED to travel 10 some central point TO set
in banc TO hear and determine these ques-
lions besides others upon which individual
Judges might disagree, thereby causing
great loss of time TO the public and expense
TO the Judges without compromising benefit.
Therefore, there Is a central court of three
Judges sitting at Austin, and permanently
located. to pass upon and decide all queS-
tionS Of law that may come before them on
certificate of the judges i'll the court of civil
appeals. and also TO hear such other causes
aS the legislature may prescribe.
Thus il will be seen these courts of civil
appeals are the working supreme courts,
and the state is practically divided into
three states each having its own supreme
court, with all the power of the present
supreme court, and there would be no
necessity for central court We're it not to
keep these courts harmonious and obviate
the loss of time. Inconvenience and expense
of all the judges meeting and sitting in
bauc to harmonic their views ana re-eN-
anime cases upon which there We're dis
Sentin9 opinions.
1t is obvious that the vast majority of
cases will be finally decided in the courts
of civil appeals. whose decision is final on
all questions of fact And the supreme
court or central court at Austin can readily
decide any questions of law coming before
them without delay from all three courts OF
civil appeals. as such other courts as the
legislature may provide.
Z Such in brief is the outline of this judi
ciary amendment, and while il may be in
some respects Objectionable as every
judiciary amendment will be, yet it has
this great advantage that there is hardly
any objection that cannot be Obviated by
legislative enactment. 1t has three charac-
teristics which every lawyer knows IS re
quired in !; Judiciary article. l. Its fieXi-
bility: il offers the widest scope for leglsla-
ton in all courts under il. The legislature
can expand OF restrict the jurisdiction of
the courts whenever needed. Thus II
future legislature sees fit, they may erect
and establish criminal courts, and conform
the jurisdiction of the district court and
county court thereto. 1t can restrict APP
pealS in amount or character in the appel
late courts. OF il may when necessary in
crease the number of civil appeals, and
there will De no objection that cannot be
remedied by the legislature under light of
experience and wisdom.
Again. the amendment proposes TO local
ize the appellate Judges Under the pres
ent constitution the judges are but judicial
tramps. and man who goes on the SUI
prene bench must bid adieu to his family
and home. Every three months he moves
TO u new place, and from a meager salary
must pay his travelling expenses, boarding
houses, besides keeping up the establish
ment at home. Unable to attend TO his
private interests. TO watch over his chill
dren Ut the very time they need him. He
is chained like Prometheus to the rock OF
duty. and see his private interests going 10
ruin, his family needing his care. while his
brow whitens, he grows aged under unre
hitting toll. Every man needs home to re-
lax his labor, and especially when it is
mental labor. Our supreme judges are in
deed denied that which is accorded to the
hum blest citizen-a home.
But above all. the new system can be
made to accomplish that which every liti-
CANT as well as lawyer longs for, which is
hat the judges may be required to decide
Eases as soon as submitted. With a laudabe
ambition, every Judge desires to immortal
ze himself by his opinion and not the de-
risions. and litigants must wait until purse
h,n Il h,
learned Judge diligently delves for other
not in counsels brief and reels
)f page after page of carefully polished
'easoning, which never cOnviuceS the losing |
party. is of no use TO the winning party.
md while ii may afterwards be cited Us
authority, the reasoning often suggests |
grounds of distinction and seldom settles |
my other case. If, however. judges can |
lecide case as soon as argued as now done |
n the district courts and Federal courts, |
attorneys would carefully present their |
asses and litigation be promptly ended. and |
lot. as at present, when both sides present |
lriefs and agree upon the question involved, |
Jet may wait for years while other eases |
ire taken up and decided, and their case |
inally turned over TO the commissioners Of !
appeals.
1t was the boast of one of the grandest |
Judges of England that most of the cases |
rgued by counsel were decided as soon as
presented and seldom was case kept until |
he next meeting OF the court.
We now have Judges who can decide |
questions when argued. Everything is |
moving forward. Let our courts and Judges |
atch the inspiration.
As to the question of expense. it can be |
airly stated that the increase of expense will
lot only be small, but amply compensated |
~ the benefits TO be derived. Under our
PRESENT system we have a supreme court
onsisting of three judges and a court OF
ppeals consisting OF six judges. who each |
eceive salary of $500 In addition |
hereto. the judges of the court of appeals
lso decide civil cases: vet with these
we've judges, there is to-day. five hundred |
iyil cases on the dockets of the various |
ppellate courts undecided. And the num-
Ter is increasing faster than they are dis
'osed of. The principal reason being. that !
most OF the time OF the three supreme judges
5 employed in examining the work of the |
Judges of the commission of appeals.
The amendment divides these courts as !
efore stated, and il the legislature divides
he. state into three districts instead of two
as they probably will il will necessitate |
he election of three more judges than we
ow have. As 10 places of meeting we
lready have court room at Tyler. with a !
God library: also one Ut Galveston. with
God library. and if the third court be
1cated at Fort Worth or San Antonio,
ither of these cities would gladly furnish
DOM and bear the expenses of holding
ourts as is done in Galveston and Tyler
E. J. SIMKlNs.
WHO ARE THEIR HrSRaSnSs