The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-28
LAWYERS WERE STIRRED
Suggested Changes in Procedure Did Mol
Meet with Favor.
CARLOS BEE WOULD LIKE NINE JURORS
To Render a verdict. but He was
Not HearEcncd To---.Iudge Humc's
Annual Address.

Galveston, Texas, July ai---lt was Pope
who said
Re not the first by whom the new is
tried.
Nor yet the last TO lay the old aside"
The members OF the Texas Bar assoeia-
! ton are evidently more conservative than
Pope was. They are welded TO the old
consistent regularity all tho changes In
procedure suggested at the convention.
| Carlos Bee OF San Antonio the prosecut-
ing attorney OF Bexar county. made some
suggestions today that stirred the n.em-
hers to a high pitch. With biaudlike in
nocence he expressed the belief that the
ends OF justice would be suhserved IL nine
! jurors In civil cases were permitted to
| render verdict. Tho proposition was no
sooner announced than II met with the
| strongest kind OF opposition. Mr. Bee
sustained his position, citing known in
stances of delay by reason OF the ono OBJ
| stinate Juror, but II was no use. The other
fellows said It would be dangerous in
| novaton" to depart from the aractccs Of
| centuries and II was voted down, The as
| ISOLATION has thus gone on record as being
satisfied with the present judicial proce-
dure
| The second days session OF the Texas
Bar association was late in yatting down
to work. The bad weather delayed the
assembling of the lawyers,
| President billiard called for report
from the board OF directors and Secretary
Morse read the application of the follow
ing attorneys for membership, who were
duly elected.
John Archer Read of Palestine, W A,
Morrison of Rockdale, Clarence H. Millor
| of Austin, F. Charles Hume, Jr, of Gall
weston
| Carlos Bee OF San Antonio prepared and
read the report of the committee on "Ju-
risprudence and Law Reform" The paper
was short, but Mr. Bee said things in 1t
that Immediately put the members on
their mettle, The first proposition he ad-
vanced was that nine Jurors should be
permitted to render a verdict in all civil
cases. This was followed by the sugges-
tion that tho three peremptory challenges
allowed each side in civil cases should be
abolished They are useless, said he Then
followed the propositions that any party
demanding a Jury should be compelled to
deposit fee: that the charge OF the court
should precede the argument OF the at
torneys to the jury. and that the law gov
/ erning commissioners courts is ,ambgu-
Gus and uncertain TO degree seldom seen
in the law, Finally, Mr. Bee believes tho
ri q IN la nf
exceptions in criminal cases when appeal
is taken.
When the reading of the paper was con.
cluded motion was made shat each prop
osition advanced should be considered sep
arateiy. This was done, and far an hour
the members debated whether the ono
juror who stands out against the other
eleven is right or wrong. IN support of
his proposition Mr.. Bee said the question
OF property is Heeting one and not OF
such grave Importance as the liberty of
individuals. hence while he favored YER
diet by nine Jurors in civil cases, as q
means OF obyiatlng delay, he was not
prepared to carry the principle to the
criminal courts.
Judge Conner, who Is trial Judge,
supported the change suggested in the re-
port. He referred to instances in his own
experience ms a judge and showed how n
unanimous verdict frequently defeats the
ends OF justice.
Mr., Montrose NJ. A. 5poonts Judge
Sheppard and others opposed the propo-
sitlon In supporting his argument Judge
Sheppard related an anecdote Of his eorly
practice. When young man he was en-
gagged as associate council in an impor-
tant contested VIII case. The Jury was
composed of eleven white men and one me-
gro and the trial lasted three weeks. At its
conclusion the jury failed TO agree and II
was understood that the negro was the
one obstinate juror When ms report be-
came generally believed the attorneys
agreed to submit the verdict, the court to
decide which side was right. 70 his great
discontinue the Judge decided with the
negro and on appeal the higher court held
the same way.
As nearly every member present seemed
disposed to discuss the matter. Robert G. /
West OF Austin moved the previous ques-
ton, which was put and carried. and
when the vote was taken the proposition
was rejected. A discussion of the other |
reforms suggested In the report was post |
poned till q later session
Mr.. Bee is the prosecuting attorney Of
Bexar county. His report is looked upon
as one Of the leading papers OF the con-
yention.
The annual address Of the association
next followed. II was prepared and read
by Hon. +. Charles Hume Of the Gal |
weston bar. who was greeted with APP |
pldhho NUtu Hlb hume was Dy
President Dnlard in presenting him The
subject of Judge Hume's address was
THE Supreme Court OF the United /
States" which tribunal he declared to be
the greatest known 10 mankind. Doubt
less the court has committed and VIII
commit great errors, but on the whole II
is as nearly perfect as 1t is possible for
the frailties OF human nature to make II.
II has ever administered the great Office
with fidelity, courage. vast learning and
supreme regard for the rights OF all per-
sons coming before IL.
After a eulogy OF the court Judge Hume
took up and reviewed q number OF I'M
portant decisions by that body, in each OF
which some vital principle involving the
rights OF individuals or the safety Of the
government Itself was passed upon, He
devoted considerable space to a discussion
OF the Debs case which 10 still familiar
10 newspaper readers, He related the
facts In the case. showing how Debs and
his associates during the Chicago strike
of 1894. had disobeyed an order OF the
United States circuit court: how they had
been held IN contempt and semi 10 jail and
lastly how an application for a writ OF
habeas corpus had been denied, Judge
Hume upheld the action OF the court and
declared the decision to be "a lawful and
a righteous Judgment" Twenty-Five rail-
roads carrying Interstate commerce and /