The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-04

Z alive Dickinson introduced a bill this morn
ing which provides for the swift and
speedy trial OF perpetrators of rape. While
In Texas there Is an unwritten law pro-
vidlng for an immediate trial by tho citi-
sens en- masse sitting as court Of last
resort, there is no action in the past which
could be more speedy than that proposed
by this bill Tho bill reads as follows:
Section J. That wherever the oifense OF
rape. assault to commit rape or murder
committed In the preparation or the at
tempt at the preparation OF rape has been
committed in any county OF this State and
the person accused or suspected of the
commission of said offensc has been ar
rested. II the district court is In session In
said county. the district Judge shall i'm
mediatcly instruct the grand Jury 80 IN
Quire into the commission OF said otfense
and In case the grand jury present bill
or indictment against any person for the
commission OF said offcnse, such person
shall be placed upon trial and the csae
shall take precedence OF all other cases
on the civil or criminal docket. except the
case on trial at the time the Indictment Is
presented and except other cases Of rape.
assault 10 commit rape or murder com
mitted In The preparation or the attempt
at tho preparation Of rape. that may al
ready be on the docket Of said court
Sec. 2. II the district court IS not in scs-
sion in said county. but tho district judge
is present IN said county where the person
accused or suspected OF tho commission 81
any offense specified IN section OF this
act has been arrested the district Judge
shall Immediately hold a sneciU session OF
the district court for the trial OF such par
son as may lee Indicted for the commissiCy
OF said oflenRo. and shall order The shcriA
to summon the grand jury that served at
the last term Of the district court IN said
county and shall instruct Thorn az to tEeir
duty in inquiriug into the commission Of
such offenAe Ia case ~ the failure OF one
or more Of the members OF the grand jury
to reassemble the court may complete the
panel as is now provided by Law.
Rec. g. II the district court o. NOT IN scs-
sion in said county and the district Judge
is absent from such county. the sheriff.
constable or other person that arrested the
person accused or SUSPECTED q having
committed any offcrse specified iu section
OF this ac. shan Immediately notify The
goyerno: by telegram. letter or otherwise
OF the commission " said oNonfc and OF
the arrest uf the person accused or Sus-
pec;cd Of its commission Upon the recent /
OF such notification or upon information I
received from any other source that such I
offsnse has been committed and that the /,
committed II. has been arrested. the gov /
ernor shall appoint by letter or by tele- l
gram a special dlstrir, Judge for the trial /
Of the person that may be indicted for the !
commission OF said ohense. The special |
Judge so appointed shall 10 resident Of
the judicial district embracing the cnunty |
In which the offcnso was committed and |
he shall possess the other qualifications !
required Of the district Judge
Sec l. The special iutrs arpolutrl ss l
provided in section 3 OF this Rc' shall I'M |
melately qualify as such by taking the |
oath required NJ the district Judge before |
the district clerk ~ tho county where the |
offense was committed and shall AT once
hold special session Of the district court |
for the trial ot the person that may be
indicted for the commission OF said Of /
fepse and shall order the sherlr to sum
mon the grand fury that served at the last
term of tho district court shall organize |
said grand Jury ~ provided In section |
OF ths act and shall Instruct them as to |
their duty In lnqhring into The commits
sion of said ofieuSe. The fact Of the ap- |
pointment NJ special judge 10 try said |
case and that he be qualified hy taking |
tho oath "a such shall be certified to BY the
district clerk and such certificate shall be
made part OF the record OF said case.
Sec .. Upon the trial of said ase by tho
regular district Judge or by the special !
district judge appointed az provided in
section OF this act. the same proceedings |
snail be had as are now provided by law |
Tor the trial Of persons indicted for the ,
oHenses specified In section OF this act
except no continuance shall for any cause
bo granted, but said case may be- post |
poned for any cause for which continu-
ance may now be granted In such cases
but such postponoment shall be only from |
Gay TO DAY or TO specified day. which
shall be tho oariics, day consistent with
the prompt administration OF Justice bo-
tween the state and the accused
Sec. s. In case tho regular district indigo
should postpone as provided In section
OF this act the trial Of any cases OF tho
ohenses specified in section Of this act
to day on which he Ia required by law
70 hold court In some other county Of his !
distriet, then he shall certify this fact 10
the governor. who shall thercupon appoint
a specisI district judge an provided in sec
Ton Of this act to try said cases.
Sec. Z. In the event change of venuo 10
granted on the trial Of any eases OF tho
oHonses specified In section I ~ this act
the case shall proceed for trial without
any Unnecessary delay In the county TO
which the venue is changed. and n the
chahge OF venue has been granted by
special district judge he shall try such
case In tho county to which the venue has
boon changed mas
sec a. The special district Judge appoln,-
"a according to the provisions OF this 40,
snail receive the sarsa conformation nor.
day while engaged in the actual trial n,
any case as the district Judge receives
put such compensation shall not eyceoS
Sl25 for any one case. The district a,,ornev
snail represent the State In all proserr,-
TONS provided for In this act. but in hi,
absenoe the county attorney shall 90, i
MS place. and in the absence OF Tho conn.,.
attorney the court shall appoint an at,or
ney to represent the State who shall rs-