Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-03-06
A GRAVE EVIL.
That of Constantly Increasing
Litigation in Texas
THE CAUSE is SAID TO BE
Many Deficiencies in Our Laws Which
Must be Remedied or the State May
Suffer-Judge Webb Writes
On the Subject.
written for the Gazette.l


An extra session of the legislature has
been called to put into operation the addi-
tional intermediate courts of civil appeals
for which constitutional provision was re-
Gently made. The supreme court IS year
behind with its business; and all the appel
late courtS-two principal ard two auxil-
larry, with total of twelve ojudges-are
working under high pressure, turning out
reported cases at the rate of five printed
volumes a year; somewhat faster than a
majority of lawyers can buy and read them.
Galveston and Houston together have for
some years past had a criminal district
court, in addition to that for civil business /;
and lately an additional district court has
been provided for each Of the cities OF Fort
Worth, Dallas, San Antonio and Austin.
In these cities both district courts, though
in almost constant session, are crowded
with business; as also their county courts,
justice courts and police courts. Waco IS
now perhaps ready for two district courts;
and the same will soon be true of Gaines
Vile Sherman, Paris, Greenville, Tyler,
Corsicana, Bolton, FL Paso and other cities.
Ten years ago one district court suficed for
both Parker and Ta;rant counties 1t is
evident that within the past decade itiga-
ton has increased at greater ratio than
has the population and wealth of the stata;
and at the present rate, it will be but a
few years until the swelling tide will again
break the crevasses, ana other appellate
courts, intermediate, auxiliary and extra
ordinary, will become necessary Ger
tainly, when litigation exists and suits are
fled, there should be courts enough pro-
vided to promptly dispose OF that business.
If yoLr family, like Micawber's twins, are
In the enjoyment of salubrity, one doctor
will amply suffice; but when all of them are
sick, YOU may need two or three doctors,
and need them all at once. But while the
doctors, holding separate sessions in adjoiu-'
ing rooms, are vigorously bliStering and
blood-letting their patients, you may reflect
upon the cause of this affiuence of disease,
and if you snd, as likely you will, that it
has its origin in bad sanitary conditions,
you will, as a reasonable man, at once set
about to remove the cause, and thus avoid
suffering and loss of time, as well as doc
tors fees and druggists bills.
Such an epidemic of law suits may be
fairly supposed to entail an unusual burden
and expense upon the people OF the afflicted
commonwealth, and of a nature calculated
to prove a serious draw back to the advance
meut and welfare of young and growing
state. The actual cost OF ali this litigation.
including the expense incurred by the state
IN maintaining the courts, can not be less
than l.O0O 0G0 per annum, and when to this
Is added the value of wasted time, and the
general injury done TO the business and
progress of the country, $1,000 600 year
will not be a large estimate of the loss and
damage. EXCESSIVE IllgdllOu IS d ulScaS6
in the body polite that does not exist with
out adequate cause and it can neither be
eUadicated no checked unless the cause be
removed IN whole or IN part. Examining
into this matter, il may be found that some
of our civic conditions are not in good
sanitary state. and that this disease results
chiefly from imperfections and deficiencies
in the laws such as may, in large measure,
be corrected by proper legislation. Let US
see.
The true pmposeuof civil government is
not merely to provide tribunals for the de-
cision of controversies; its higher object is
TO SO regulate the personal and business
relations of the people with each other
that strife and contention shall be avoided.
There is but little strife among members of
a family governed by wise and salutary
rules, and this is equally true of civil COM
munitieS. The rules Of government, the
statute laws, should not only define the
rights of parties, but they should so sim
pity and so specify methods and systems
for the transaction and determination of
business connected with or tending 10 de-
velop a conflict of rights and claims as
shall reduce the occasion or necessity for
Litigation to its minimum. Again, espe-
ciaily in a commonwealth like Texas, IN its
transition period and its process Of 6evel-
oYment, the laws should be constantly
adapted to new and changing economic
conditions, and this adaptation 10 move. and
uutried situations requires the highest
skill of civil statesmanship. Texas is
greater in extent than the empire OF
France, and with much greater diTersities