Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-03-17

Judiciary Department..
BY the adoption Of another amendment
to the constitution on the 18th of last
August, the people have declared that the
judiciary shall be reorganized To obey
this is most delicate duty that can not be
too carefully performed. As now consti-
tuted, our judicial department is composed
of three supreme judges, three court of ap-
peals judges, six judges of the commission
of appeals, together with fifty-two district
judges, one criminal district judge, county
Judge for each organized county, and
several hundred justices of the peace, and
the officers connected with the several
courts.
The work involves definition of the
jurisdiction of all the courts, the qualifica-
lions. election and salaries of the judges,
the times and places Of holding their
courts, appeals and transfers of cases now
pending and hereafter to be brought from
one to the other and other questions affect
ing their powers and relative duties.
Unless the legislature should otherwise
provide, The appellate Jurisdiction of the
supreme court, under the amendment, can
only extend to questions of law arising in
cases determined by the courts of civil ap-
peals wherein the judges of any one of said
courts may disagree or where the several
courts of civil appeals may hold differently
statute of the state is held void. Thus
limited in appellate Jurisdiction our highest
court would be practically idle most of its
time. A law on this subject embracing and
defining the following limitations and re-
strictions on the Jurisdiction of the supreme
court is respectfully recommended as
worthy of consideration:
After decision by a court of civil ap-
peals give the supreme court Jurisdiction in
the following classes of cases and make ap-
peal in them matter of right:
l. In all cases involving the construction
or application of the constitution of the
United States or of this state.
2. In all cases involving the validity, con-
struction or application of an act of the
congress of the United States or of a
statute of this state.
8. In all cases in which the state of Texas
may be party.
f. In any case in which the judges of any
court of civil appeals may disagree.
Deny to the supreme court jurisdiction of
any civil case over which county courts,
under the constitution, may exercise
original Jurisdiction, either exclusive or
concurrent, or in which such courts may
exercise appellate jurisdiction; and in these
classes of cases let the decision of court
of civil appeals be final, whether the case
be tried in county or district court,
unless the case involves a question, party
or disagreement which, under the preceding
provisions, would confer on the supreme
court Jurisdiction. By ''civil case" it is not
intended to apply to probate cases.
Confer upon the supreme court jurisdic-
ton to hear and determine, on writ of error
granted by it, any case decided by any court
of civil appeals in which jurisdiction is not
in the preceding provisions conferred upon
or denied to that court; such writs of error
to be granted only when it is rendered
presented for writ of error, that error of
law exists.
There should be statute providing for
THE TRANSFER OF CASES
by the supreme court to the several courts
of civil appeals of all cases pending in the
supreme courts when the courts of civil APP
peals are actually organized; and providing
that cases from the territory within a dis
trict shall go to the court organized for that
district.
With the Jurisdiction of the supreme
court thus extended it will not lack for
work. On the other hand, to extend the
jurisdiction beyond those subjects might
impose upon our court of last resort more
labor than consistent with public interests.
The apprehended difficulty in adjusting
the jurisdiction of the several courts
seems to arise out of the supposed neces-
sity of changing the many statutes bearing
on such questions. If this is to be done by
amending the respective laws (Which need
not be) the work would be almost impos-
siDle Of performance at a special session.
A general law comforting Jurisdiction on
the several courts, very much in the lau-
guage of the constitution itself, extending
the Jurisdiction of the supreme court as
herein suggested and providing for simple
and economical methods by which cases
now pending in the several courts of last
resort may be properly transferred to those
having Jurisdiction of them, and for appeal
from one to the other on the line prescribed
by the constitution, would be sufficient. 1t
is hardly probable at this time, that with
the present crowded condition of the
dockets, less than three districts. for
the civil courts of appeals would be
sufficient to comply with public demands.
The lines Of the several districts will
have to be drawn and places for holding the
courts respectively therein located and pro-
vision made for the transfer of cases, pro-
vision for libraries or the division and dis
tribution Of those now on hand, the main
tenance of the courts and the payment OF
their salaries and necessary expenses. In
all this work careful consideration may
well be given to the convenience and de-
mands of the different sections, both in Gre
ating the districts and locating the several
courts.
To avoid the confusion that may grow
out of contention for the location of the sew
eral courts, it might be well to present
general law regulating their Jurisdiction
and providing for their reorganization,
leaving the districts and the location of the
courts TO be settled by a separate bill.