The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-18

to carry out the pledges made to the pco-
pie In the platform, He declared this meas
ure Is partly n platform demand and part
ly not He favored the bill. A case should
not be reversed simply because of the fail
urc to cross a or dot an l. II the record
showed tho defendant had stolen horst.
a techncality should not allow reversal
Blair favored the majority report, but
believed the bill should be amended before
IL became n law. In his opinion the court
should not charge the Jury on the evidence,
but on the law
Evans OF Hunt favored the bill. He said:
Mr. Speaker. | am In favor OF the bill,
because believe that 1t is IN compliance
with the democratic platform. II should
consult my own interest l. would oppose
this bill. don't say IL boastingly. but
expect I have defended rs many men as
any man of my age and this bill interferes
with my private business, but came here
as a democrat with my instructions writ
ten In the democratic platform aud there
~ no higher obligation that is more bind
ing on me save my oath of office and the
constituents OF my country.
The evil complained Of is that rs the
law now stands II the error complained
of be excepted to the court must reverse.
regardless of whether the error was ma
teria or not Under the law, as II now
stands IL YOU raise the question as to the
disregard by the judge of the sections ro-
ferrcd to the rule. is that the higher court
will not reverse unless the error was cal
cuiatcd to injure the rights OF tho dcfend-
ant, the proposed law viii do away with
tho rule requiring revcrsals when the error
is expected to or whether the
error Is material or not. and
tho law as amended Will be that tho
higher court can not reverse unless the
error is a material error and excepted to
at the time Of the trial. our law books arc
fun of decisions reversing eases on inn
material errors. errors where no man
WAS injured. red handed murdorers have
been turned loose to disgrace our civllila-
ton reflect on the honesty Of tho people,
bringing our courts into disropute. subject
INK the higher courts to unjust criticisms.
The democratic party of Texas have
spoken ON this question. The co'uhncd op-
position of all the disaffcctCd clements OF
Texas, imported Yankees from the North,
with money free and unlimited ontart
their protest on the hustines to the pas e.
sarc of this law. but the great democratic
band wagon ON the Sd d>S OF last Novcm-
her ran over these mongrols aud have
buried them so deep that their scroaNng
voices will never be heard again, and 1t
| is too late now to reopen the question.
Bailey made a magnificent speech In nd
vocacy of tho measure, which Is strictly
/ uAilbfIuAlN anu WLliAu 10 u parry IlFhbH
| Upon a vote the house refused TO adopt
the minority report.
blair moved to amend the bill by strlk-
ing out al! words after the word Jude
mont" aud inserting the following May
/ be reversed when the error appears "
record and shall have been excepted TO a
| the time of the trial
Turner offered a substitute to amend
/ tho bill by striking out all of.the hill af
| ter the word unless and insert tn neu
! thereof as follows; The failure of the
! trial court To observe the requirements OF
| said articles was excepted tn and such
ruling shown In bill OF exceptions prop
crly authenticated.
The substitute was lost
Mir Rlair's amendment was lost
MIR. Wall offered the following amend
mcnt' Amend by adding the following;
! Provided the judge shall not express any