Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1906-04-21

y
cases are reversed by the higher
court and that human life is regarded
rs too cheap in Texas. The trial
courts are not always at fault. TIE
jurors are not always to blame, the
main fault is in the system. Men
charged with crime should have the
full! benefit of a fair and impartial
trial They should be tested by the
simplest rules of common sense and
justice They should be tried upon
the law and the facts. and not by
tangled and technical rules which are
not always understood and correctly
applied even by the lawyers and
judges themselves.
Now then. would suggest the fol.
lowing remedies:
LIST. Enact a law further limiting
jury exemptions and defining and lin
iting the causes for which the trial
Judge may, in the exercise of his dis
erection. grant excuses to men drawn
for jury service.
End. Prescribe by statute a com
mon sense form of charge for the
jury, in every criminal case of the
grade of felony. Let such charge EN-
brace only the nature of the accusa-
ton and a copy of the Statutes appli-
cable to the offense charged and to
/ the facts of the case. Such form for
instructions to juries in criminal
| cases would expedite trials furnish
ample protection to the innocent. dis
continue the practice of appealing
everything and prevent probably
more than half the reversals and new
| trials. all of which is helping to de-
/ feat justice and entailing a tremen-
! ious expense upon the counties and
/ the State.
Trial of Civil Actions.
As in criminal cases probably more
| than half the civil suits tried and APP
/ pealed are reversed and remanded on
account of errors in the courts
J charge to the jury This is unjust to
/ those who are forced to invoke the
aid Of the courts of justice to redress
wrongs and to secure their rights.
| Those who seek this remedy for
wrongs suffered and injuries sus-
| tanned should not be thus delayed or
/ loaded with intOlerable burdens in the
way of costs. 1t also results in I'M
necessary burdens upon the tax pay
ers. The expense incurred by the
counties for juries in second trials,
and in some cases are tried more than
twice. is something enormous, and
| looking to a remedy / would urge, and
| II elected Governor / will recon-
mend to the legislature the enact
ment of a law requiring trial judges
to prepare their instructions to the
iuries in civil cases and submit the
same to counsel on both sides before
the argument begins; and by such
statute provide further that all spec
ial charges shall be prepared, sub
mitted to opposing counsel and de
livered to the judge before the main
charge is read to the Jury. and that
all exceptions to the courts charge
shall be taken and noted at that time
and that all errors in the charge not
then assigned and again pointed out
in motion for new trial shall be con-
sidered waived and shall not be con-
sidered grounds for reversal unless
fundamental. This reform would
meet the ends of justice and relieve
the higher courts of many appeal
cases with which the dockets of those
courts are now unnecessarily bur
dened. Delays and heavy costs to
litigants, to the counties and to the
State would be saved
Expenditures and Business Methods.
All expenditures of the peoples
money should be restricted to the abb
solute necessities of the government,
honestly, efficiently and economically
administered. This should not be
taken as an idle marshaling of words
but as the affirmance of a sound gov
gAfsF, col MIN AA h. F,sy
kept and enforced by those who are
entrusted with power and charged
with the duties of public office. Those
seeking public Office should give
this pledge and keep the faith.
a wise and capable administration
of public affairs. the efficient manage
ment and care of our eleemosynary
and other State institutions. demand
not only wholesome policies but the
faithful application of sound business
principles. Efficiency. honesty and
fitness for the position should be of
controlling Importance in making ap-
pointments to places in the public
service. Business methods and less
political intrigue furnish the true
safeguard against excessive taxation, !
the only effective check against ex-
travaganCe, waste. graft and corrup-
ton. and furnish the only escape from |
embarrassing deficiencies and bank |
ruptcy. Give the peoples govern |
ment a chance to do business in Il |
business way.
Department Of Agriculture and Hor.
ticulture.
favor the creation and mainten /
ance by the State of a distinct Agri- |
cultural and Horticultural Depart |
ment. to be devoted exclusively to- /
those growing interests. Such a de
Dartment wisely and efficiently adj
is essential to the intelli-
gent promotion and progressive de-
velopment Of these. the most import
INT factors in our States growth and
prosperity. This can be accomplished
without additional expense to the peO-
lie by abOlishing such useless ex-
lenses in other directions as would
ne dictated by Democratic policies
md sane business methods.
Employment Of State conviets.
Those who are convicted Of crime
md condemned to serve at hard labor1
'Or their Onense should be required to i
work, Of course. and they should he
made selfsustaining. They should
receive suitable care and humane