The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-14

cameron f1eTdiu.
A great deal is being said in the papers
in advocacy of a convention to frame q
new constitution for Texas. Quite hum-
Der of members of the Twenty-sixth leg
islature have declared in favor Of it.
Nearly 100000 were spent in holding cleo
lions on proposed amendments submitted
by the last legislature, four out OF five OF
the proposed amendments being defeated.
The one comforting power to appropriate
money to pension MANNED Confederate
soldiers went through on tight squeeze,
and had it been voted on at the general
shared the fate Of the others. That the
people of Texas are opposed TO tinkerlng
with the organic law, is not an unreason-
able conclusion, barring the other hypo-
thesis that they vote down amendments In
order to force constitutional conven-
ton. But few members of the present
Legislature know the wishes of their coll
stituents in regard to this question. The
proper policy TO pursue would be to sub
init the question OF constitutional con-
vention to popular vote at the next gem
eral election, but demands for earlier re-
lief may override this. The able Austin
correspondent of The Houston Post pre-
scented in a recent issue Of that paper all
extended review of constitutional defects,
and with reference to very important
question, said
First in Importance among the many
weak spots developed in the constitution
by age is the one made prominent by
the conflict In the opinions entertained by
the supreme court and the court of Grim
inal appeals. respectively, with regard to
hA {.aNtAG MI Ia
mer holds that the legislature has the
power to confer authority TO try felony
cases upon such courts, while the latter
rules that convictions for violations of the
penal code obtained therein are null and
void. The result is that although the de-
PENDANT gets his case reversed and dis
missed on appeal to the court of criminal
appeals, the prosecuting officials are en-
abled by the mandamus route to collect
their fees from the State on application
to the supreme court. This ridiculous
state of affairs is directly attributable to
the silence OF the constitution on the sub.
ject of which of these two high courts
or concurrent jurisdiction is the whole
thing when the settlement OF case is a
matter OF constitutional construction
CITY governments were mainly sustained
by fees paid into the mayors courts, and
hence the court of criminal appeals has
virtually overthrown city governments in
Texas. The ruling of the court of Grim
inal appeals Is one OF strict constitutional
construction, and 1t will be necessary to
amend the constitution in order to remove
the defect In his message to the TWEEN
ty-hfth legislature Governor Culberson
invited attention to the fact that the courts
for twenty-five years had held that testi
mony OF deceased witness at a former
trial was admissible at subsequent trial.
but this practice has been set aside. Our
bill OF rights declared that an accused
must be confronted by the Witnesses
against him. While apart to themselves
may mortally wound and escapc. AL
magistrate come and takes BIS diving tes
Iimopy, but the same can not be used
against the offender. when caught and
trought to trial, under recent decisions of
he higher courts. Cases do arise In which
prosecution Is completely arrested by this
provision OF the constitution. WItnesscs
must be present at every trial and hence
,ostponement from term to term and from
'ear to year, always operates against the
tate and in favor of the defendants. A i
lew constitution would cover disclosed de-
ects ~ the present one, but II might
,e equally as faulty In other particulars.
financial considerations are against the
oolicy of amending. And further than
hat. vote on proposed constitutional
amendment is not an Intelligent expression
4 popular will. People generally do not
Understand what they are voting on. FIX |
erience in Texas abundantly 3ustifies this
tatement.