Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-03-15

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 a 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 APP
peals judges, six judges of the commission
of appeals, together with ffty-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 a definition of the
jurisdiction of all the courts, the qualifca-
tons, election and salaries Of the judges,
the times and places of holding their
courts, appeals and transfers of eases 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 ciYilap-
peals wherein the judges of any one of said
courts may disagree or where the several
courts of civil appeals may hold differently
on the same question of law or where
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 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
m, r1onlinptiOn of the constitution Of
United States or of this state.
2. In all cases involving the validity, con-
struction or application of au act of the
congress of the United States or of a
statute of this state.
J. In all cases in which the state of Texas
may be party.
l. 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 a 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 casen il is not
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
probable by the application required to be
presented for writ Of error, that error of
law exists
There should be a statute providing for
TIE 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 so 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 10 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 performances at q special session.
a gsDeral law conferring Jurisdiction On