Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-07

judges seidcn Common and W. 81
Allison ON Necurd.
Austin. Tex, Feb. s.--Judge connc1.I
or Eastlind In a letter to Hon. ]. a
Bcall, makes certain Recommendation
on the fee system In line with Judged
Charles j. Clint and Felix j, McCorcI
Judge w. NJ. Allison's letter Is as FOL
lows:
San saba, Tex, Jan. 2b.-Hon. j. Al
Beall, Dallas. Tex. Dear Sir. Yours a.
recent date is at hand. and fully conl
cur IN the sentiments expressed.
think, however. that Governor Culbci.|
son makes a serious mistake In suRf
costing a reduction In number OF jul
dicial districts. II every county In III.
state with say 1000 voting POPULATED
composed a judicial district with coufs
open every day In the year, and triait
had within twenty or thirty days afte}
commission OF the offcnse. Witnessed
could then be had at minimum cosN
and the delays thereby avoided souit
also relieve us OF many other evils novl
Justly complained OF. Suppose we hae
200 district Judges with aalaries say as
gregnting 100000. but saved the enotN
nous expense OF sherlffs' attached wild
nesses.as well as the long delays pro-
verbal In law, the expenses could NOD
be more than now. aad, TO my mind
there is nothing that SO strongly tendI
TO deter crime as the certainty 81
swift Justice. As the law now 10 this 4.
In many cases impossible. But Withhold
dwelling upon this l will call your al,
tention TO some matters that suggea.
themselves under our present systeni
Has 1t ever occurred to you that onei
half the time of district courts In west,
ern counties Ii taken up In the trial M
cases that should be disposed of b
county courts without any cxpenal
whatever TO the state? To Illustrate
Take the Thirty-ilfth, composed a
seven organized and one unorganize
counties In all counties except ont
the county court jurladlction has boo
dismissed and transferred 10 the did
trlct court. At the last term OF TIL
Mason county district court some
thing near two days wns consumed ~
the trial of two civil cases before a Jur (
OF twelve men. and In each case N
verdict was less than So. Each strong
~ contested from start 10 finish, witt
over-ruling motions for now trials.
only cite this as one Instance OF hos,
the time Of district courts out herA
Is sometimes occupied. Generally
speaking, about one-half of each terfl
Is consumed with this county court bus,
mess While this Is being done aoiuI
thirty-iive or forty petit Jurymen, Witt
| parties witnesses In other important
cases are in waiting and In many z.
these cases the witnesses are fros.
| other counties, awaiting the trial q
felony cases The records of the comii
trollor's office VIII likely show vol
that IN western counties the importa'
ton OF witnesses from other countits
will about double those OF moro poll
ulous counties east and north. on
this subject l think the qualification,
| for county Judge should be rnired "
| something like those for district Jude
| lat least require him 10 be a iiconsei
attorney with some increase OF pal
md then restore the county court sui,
| isdiction IN all counties having say 100
| population. This would DO the onln
way judicial districts could possibly y
decreased. and such course would X
less expense TO both county and staif
and expedite all business among al
| people. As 20 cost OF attached VIII
ncsses, sheriffs, etc, why not repeil
| tho present law and let a subpoena ru
everywhere in the state, II q wltne&
dlsobcyE SIMPLY put him In contemIl
and commit him 70 jail. Have no flrl
whatever II he In guilty he should VI
imprisoned. not only for contempt. bii
also until ne then executes bond n
open court for future appearance. ~
fewest number OF them are ever COT
lected, and II a witness knew failut
10 obey subpoena would result AZ abov
they would come again. BY all mead
amend the act OF April 20. 1883. arf
require the defendant on his applio3
tion for attachment to set forth ~
facts In detail which he expects n
provo by the witness. Otherwise az
aolutely prohibit clerk from issuing III
process. As the law now IL defendnntN
failure to do this does not AFFECT h4
right to the attachment or his dig
ence, but simply the pay of the wltnea,
Also the Judge in approving the amoul
should be required to certify that q
witness was placed on the stand afa
gave material evidence. This law Y
much abused. In many important casf
witnesses are not attached In go0l
faith, but only TO work on the oui
side, procuring information, using theef
influence. And II IN impossible for tik
! Judge occupied and crowded as y
In with court work 10 correct the%
evils In every Instance. However. S
Will close. feel 1 have very impet