Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-14

no question OF tho Importance of this
branch OF legal study and practice
The courts In question are also maj
In all boundary questions. DO they
not therefore furnish legal literature
OF the very grhvest Importance on ms
line? Can this he questioned seriously
The courts OF civil appeals are courts
NJ last resort IN all cases tried before
Ina county court. Is the honorable COM
mittee prepared to say that the mass
Of LITIGATION emanating thence ana
soeklnr keener arbitration is of no i'm
portance to the legal world and TO the
lItigants-the people2 To what stratum
OF layman Intelligence does the honor-
able committee present this propose
ton?
Now gentlemen. 1 understand that
tine very bulwark of defense OF the
proposition under consideration Is that
recited-that the decisions OF the courts
az civil appeals are useless because rot
final, and. being useless, entail an un-
necessary expense in publication. AS
that IL your premise, It Is fair to pre-
sumo that you have investigated me
facts upon which you base II. Are you
prepared TO state. as matter OF ACT,
that the courts OF civil appeal are hot
final in four-ffths Of the cases appeaGd
from the district courts? Are YOU Coll
seuuently prepared to state that omit
ting to publish their decisions IS lot
emitting to publish the decided law az
together2 The questioners VIII listen
attentlvely to hear the answer drop
We, of the house. honored senator's
Will 10 q little further in this eNpan-
sion of the idea, to be sure you get 1t.
You know, or ought to know --espe-
cially you gentlemen of the retrencn-
ment committeeman the supre ne
court examines the opinions OF the
courts of civil appeals when applic1-
ton is made to 1t for writ of error
Unless there appears to be error IN
such opinion, It refuses to grant tie
writ, rendering in such cases only IN
oral opinion. That eminent trlbu1ll
has thus far complimented tho courts q
civil appeals by refusing writs Of error
IN an average Of three out OF Tour APP
plications.
Senators land therefore logician9.
will you kindly inform an eNpectant
easily bambooZled. gaping public
whether or not the three out OF four
cases are not cases Of record, even
though coming from the courts of civil
appeals? If not, tell US what tho re-
fusal Of the application by the supreme
court Is but an affirmation OF their de-
clslon. II this Is true logic, 1t follows
that the decision Of the courts OF civil
appeals become the decisions of the SUI
preme court. Yet, where will be the
record thereof to guide the people Of
Texas as to the construction, say, Of
some law. except In this worthless (be-
cause not nnaD decision Of the courts
OF civil appeal.
Here's another little chunk Of fact
for the scrutiny OF your retrench mi
crOscopes;
When you make your alleged saving
10 the state OF Texas OF S9720 by the
process you have ohampioned. you Will,
on account Of II, be furnishing the court
and people of Texas less OF the decided
law than your fathers did quarter Of
century agOl II this is not fact
we'll possibly have the truth when the
senate general appropriation bill comes
out flashing In Its triumphant wisdom
on How 10 save money for dear,
pauper Texas" | believe It's fashion
able now for majestic and imperial
sovereign people, blessed with an un-
fashioned and flled the cornucopla
which pOurs It QUO to pose penurious
aupers-throught its representatives.
Another question! Is the decided law
of the courts Of less value In practical
importance to the people than the
statutory law and codes enacted by
the legislature2 An answer to the
question would be very pertinent to the
subject at issue! why then not dis
pense with the utter and useless ex-
trayagance Of the other.
Now. a correction, should enter the
retrench mathematics which proposes
TO save the state S972O The error
leans over $1,000 in the direction Of re-
trench political lustre. 1t is three
Volumes per annum and not four, Three
volumes at S243O Is only S7290 as sure
as the fictitious four volumes at S2l3O
Is S9i2O
NOW for the argument OF arguments.
| have felt the spirit of retrench lust
pehlnd me all this while awaiting the
conclusion OF that last parapraph 10
pulverize me, Here's the pulverizer.
II there is the demand for these books
you say there is-if the people are cry-
ing Tor them as children are tabled 10
do for certain kind Of soap-whv
depend upon It, some enterprlsing pub-
Usher will do the work.
blVlnlty OF pulyerlzers-cRn that in
deed be the wise spirit of genuine re-.
trenchment talking. or Is IL again tho
lalse logic OF that penny wise pound
iooiisn' r9bble deceiving penury that
would SOIL the name of a marniocent
commonwealth under tho borrihie
mlsnomer "retfenchment?
me enterprlsing publisher will under
Ihke II as means of revenue and make
90 per cent on the Investment foo
since You will continually have Texns
howling for foolish, false species az ra-
trenchment. why not look 10 Tho
revenue side as well OF every pnoposI-
non; If the enterprislng publisher viii
handle the job and make so per cent
on II why not Texas undertake II oven
ny, me smaller gain OF IS per cent
ms can pc depended on. Tho peonIe
, w,Ii snow very plainly that they want
decisions and their Importance cannoi
be over estimated. ''''''
j. NJ, LEyEQUE.
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