The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-09-30


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ticaily powerless 10 compel him to do so.
but must content himself with making the
best selection possible out u the material
nlaced In the box TIore are, In every COM
munity. plenty ~ good and patriotic citi-
2en2 who tho ugh prcferring not 10 do So
an at the laws behcst. faithfully do their
part as jurors in enabling tue courts to ad
nluistCr the law in accordance with lts
true spirit and intent WIN thcir assist
nnce, trial by jury Is an inValuable right TO
him whose cause IL lust; without H. II Us
mere snare whereby his INSCRIPTIONS uppo-
rent may dsspoN him OF that which Is Jus "
his own. Tho credit or blame for results IL
mainly chargeahle 10 the trial Judge,
so Gar as the disposition OF an indNlhual
case is concerned. the influence and power
OF a trial judge is greater than that OF the
appellate courts. II he shirks his legitimate
responsibilities. II is not always possible on
appeal 20 right the wrong ihus done. lie
hae II within his power to insure to railroad
companies q fair trial according 10 law, ana
before an impartial jury. and this he has
Much OF the speculative litigation against
railroad companies IA this State is unqueS-
uopaby IN no ANAL measure due TO the dis
position Of our trial Judges 20 SHIFT the entire
burden for the proper Determination Of causes,
TO the jurys shoudeEs and. like Plate, wash
IN cir own hsHds Of all responsibility. This
tendency would seem 10 justify Alexander
IIamilton's criticism OF an elective Judiciary
for short terms, when ho said:
THAT inheZihle and uniform adherence to
the rights Of the constitution, and of indi-
ridunls. which We perceive to be inds-
rensahlo IN the courts OF justice, can GER
tainly not be expected from judges who hold
their offices by a temporary commission"
I Am loath 10 believe that Il is impossible
10 administer approximate Justice through our
courts presided over by an elective judiciary (.
and am persuaded that II our district
Judges would uniformly manifest as much
'oarlessncss and courage IA the fun dis
chafge OF the responsibilities that the law
casts upon them. as they do ability as law
gers. aud incorrupthility ms men, that many
Of the evils here touched upon could not
Experience indicates. however that lin
itef amount OF prejudice Against railroad
companies in the trial of personal injury
eases Will be found to exist, even IN the aver =
age iuries fairly selected In rendering large
yerdic.s against railroad companies the juror
FEELS that he is not treading on the toes Of
fDy OF his neiEhbors, but Ia Indirectly draw
ing money from abroad. and putting II into
local circulation. He loses sight OF the fact
that under the we'll established decisions OF
the courts OF last resort. railroad owners
hive right 10 earn n reasonable return on
their Investment: that every excessive or I'M
Just verdict that railroad company Is called
upon &C pay, increases its operating expenses
Just that much, and 10 that extent. prevents
o reduction. either voluntary or enforced, OF
the rates Of fare and freight so that IN tho
end tie general public who use these roads
pays or contributes toward the payment OF
Erch verdiots.
The general prejudlee referred to is also.
N part, due 10 the fact that the political agi,
fators Of which the soil OF Texas Is prolific.
~ years past finding In the railroads ~ the
state about the only available combination
cf capital on a large scale to denounce and
assam, have constantly appealed to the pas
Sions and prejudices rather than TO the
reason and cool Judgment Of the people with
view Of riding into office on the wave OF
frhhoial resentment thus created. Railroad
r'nnaeers and their lleutenants are, rs o
gQWNF k..f,s - 4.
matters relating to the administration and
cperaion OF their roads. and have little time
70 devote TO Graduating general prcJudlces
or correcting pnpuIpr misconceptions As q
result, the attacks OF the agltator, made from
the stump. or through the public prints re-
main unanswered. very large per cent OF
the. ponrlatlon. OF Texas, relies upon th'
weekly country newspaper for Information as
70 what Is going on In the world, and from
theEe sheets largely draw their inspraton
y Is not strange that hndng the railroad in
forests siciousiy asssiled week after weei
and month after month these men reading
stntomerts that are sometimes wholly un.
frue. and very often only half true. calculated
% irfame The public mind against the rail
road interests and without seeig any answe,
10 such charees. naturally conclude that th,
charges are true. or they would be denied
Speaking NJ the effect Of this tendency Of
the press upon the yerd'ets ~ turtles, Jndg'
Enmmnnd az The Western district OF Ten
r@rseo In an article in the Yale Law journal
fnr Iure 1897 SAYS:
Nor ~ II strange that men coming into
~ iur, box from the food tides OF periodical
literature. devoted 10 an aeitsflon for re-
lFf from individual suffering by soclaistlc
rovrirasions ~ the Door against the rich
fi,ouid End the verdict OF the Jury against a
oornorator "a most convenient sort OF COM
tfraffon to initiate the suffering. at least in
this onf case. II Will only average up thugs
II we TAXA every occasion to distribute some
Of this dangerous aggregation or wealth to
those who need II. and the corporation Will
never feel tho loss, Perhaps not single
@uryman i conscious Of nils reasoning In ths