The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-04
AMENDMENT SUGGESTED
C. L. BATES WOULD CHANGE FED
ERAL COURT BILL.
Has Sent Suggested Amendment e
Senator Culberson and Congress
man Slayden.

san Antonio. Texas. March &C. l..
Bates has forwarded TO Senator Charles A.
Culbersou and Representative James l..
Slayden a suggestion for an amendment to
the Texas Federal court bill. introduced
in the house Of representatives by Con
gresham Ball.
The amendment which nc suggests is an
extension Of the following proviso Of sec
ton Of the bill:
Provided that all motions and causes
submitted and all causes snd proceedings,
both civil and criminal. including proceed
ings In bankruptcy. now pending IN the Ju-
dicial districts of Texas Is heretofore con
stltuted in which the evidence has been
taken in whole or in part before the pres
Of Texas as heretofore constituted or taken
in whole or in part and submitted md
passed upon by the said district judges, re-,
spectively. shall he proceeded with and
disposed Of In the said iudicis districts,
respectively, as heretofore constituted,
where said motions and causes We're sub
mitted or where such evidence was taken
IN whole or in part and submitted and
passed upon as hereinbefore mentioned
Inc amendment. which If adopted, will
follow the above sntNis as follows:
And in order to prevent the unnecessary
reopening and relitIgation before new and
different Judges Of questions and matters
which have already been Irrigated and de-
termined by iuterlocutory DEGREES and or
ders In suits In equity now pending in the
circuit courts of the United states in
Tc11s
'lt is further provided also that. ali suits
IN equity now pending In said circuit courts
Of the United States, or any of them, in
which there has been hearing before the
court, or before any Judge thereof. at
rules or chambers, upon any demurrer TO
any bill, or upon any plea 10 the jursdc
tion Of the court, or upon any pleB IN abate
ment or in bar of any bill, or upon any eX
captions TO any answer. and upon such
order q
and entered disposlug Of the questions
raised upon such hearing. or in which any
order has been made granting any writ OF
injunction, or appointing receiver, or ii
recting the payment Of any fund into the
registry Of the court. snail be proceeded
with. heard and finally disposed Of by rhe
circuit cNurts Of the judicial districts of
Texas, respectively. as now constituted. In
which such suits In equity were originally
Instituted and such other orders made,
which courts Of tho judicial districts where
such suits were originally Instituted and
such orders made. shall have full com.
plcto ana exclusive jurisdiction. respective
~. 70 proceed with. hear and determine all
such suits In equity hereinbefore mentioned:
and all such suits In equity now pending In
circuit courts Of tho United States in Tex
as which arc by this hill taken out OF the
lhdicial districts of which they formed a
part as heretofore constituted, are hereby
Transferred back into the circuit court of
me district in which they were originally
instituted aud In which such orders and de
crecs We're made as aforesaid. respectively
and all the original papers and certified
transcripts of al DEGREES. orders and en-
!rics made In such suits in equity. shall he
immediately transmitted to the circuit
courts, respectively, Of the districts into
Which they are hereby transferred. and "a
Of Fe r u'E KS increof which any judge thq're
In explanation Of his amendment Mr.
Bates said: The suggested ameS ,du. EN-
goes no farther than to extend thG opera
ton ~ the proyiso tn section Of che bill
! TO suits In equity whore the prporInles NJ
, the case have been settled by int erIocutory
DEGREES. The principle emhas1lied in thc
provision as originally draw Inv Mr. Rail
the author Of the bill. is noC, onlv Solutnr,
but absolutely essential in n lin wher,
there Is material change in the iudicla
districts of the State, The gsuhiect is a deli
drafting his bill, has show n that he has
dellcate appreciation OF ths difficulties sur
Ionnding the matters treat ed in the proviso
and has faithfully eudea yored 10 protec
the rights Of parties In lhending litigation
and has 10 good degree, succeedcd; hut 1
can not he supposed thay rho varied nteI
'' e.. 20 'ttsants IN peuu,,rlg suits in SO grea
a state as Texas conld all he present !
the mind of one legisla tor in charge OF
bill Intended TO readjust. Mi The Federal dis
dnn De y woI on M tis ,sSItate, Mr. BAH ha
and assistance of tho hsr of his State 1
perfectng his bill Thc resI principle en-
braced in Mr. Balls IT nroviso 10 the sevent
S nr,,', "l hlS pl'l that Where me gre.
s snteui Az, una naoe pom argument Of conhs
sbo mue uS,lnsDiaton and consideration !
lnc courl, psfsS i determined by interlocutol
r tIr,a WIZ ich could be- set aside az M
NOT 70 ianJre final decreel, the parties Dug
comneI,nsoc turned over to new Judge az
a." ~ led TO lliigAte anew the same mi
Mil 70 before him. This say Is the prlhgp
his am Mr.. Ball has sought 10 emoody
ra'A proviso aud every fairmlnded man
|, x StOgnlze its fairness and Justice anu co.
lp' mCnd Mr. Ball for his EFFORT to MAKE II
Y main feature OF his bill and will also
g mand that the principle he given the
a est application The government OF =
United States Is too great TO pass !"
y court hill which would work injusuce
l. any Texan, whose name Is the synonym
a. natriotlsm throughout this earth"