The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1912-06-26

point a special judge to try a case
than had the porter in his office.
He writes one of the most earnest
opinions he has ever handed down {
in making this point, and he refers
to Burrell Oates as probably
very guilty negro" but says it is
necessary to have the court which
tried him authorized by the consti-
tuition. Judge Davidson agreed with +
Judge Ramsey about this matter,
although he did not write an opin
ion covering that phase Of the case,
Here is what Judge Ramsey says
on this point
| This case has been pending in
, the courts for many years and has
, attracted wide notoriety. The appel
= liant has four times received in the
trial court the death penalty, and
his case has already been three
v times reversed by this court. With
! the other reversals | have personal
Iy nothing to do since they all oe-
Cured before I had the honor to sit
as a member of this court. | am by
law, however charged With fespon-
sibility for the result of this appeal.
/ am clear and firm in my belief that
the governor has no authority TO
appoint a special district judge any
where or under any circumstance.
/ It is, of course, greatly to be regret
ted that we should be compelled so
4 to decide The governor is by law
charged with enforcement Of the
law He is. as we know, a lawyer
of large experience and recognized
distinction In addition in this case,
we are advised that he acted on
the written opinion of the attorney
general IF, therefore, We could set
aside our own responsibility and
place our decision on the authorize
of these officers, our decision wero
an easy matter, But by law we must
on the appeal of criminal cases. It
is a responsibility we can not share
with another 1t is ours and We
must recognize and discharge it, al
though our decision conflicts with
the opinions of others whose judg-
, ment is entitled to respect, and al
though it results in the reversal of
Judgment of conviction the fourth
or even the forty-fourth time II
= tho tribunal which condemned this
man to die was not presided over by
district judge duly chosen and
selected according to law, it had no
{ more legal right to take his life
81
= night There can be no court, in q
= legal sense, without a judge, ana
there can be no judge, except as he
may be elected and chosen under
the constitution, and agreeably tx
= law. 1t, therefore, results that how
= ever eminent in learning, and how
ever fair in fact may be the person
!, who presides over the trial, unless
: he Is in a legal sense a distric
p Judge, the gathering masquerade.
- as court becomes of no higher
: dignity than the same number o
;, respectable men gathered by chance
on the street corner.
II 1T is conceded in the origina
n opinion filed in the case, that il the
: act of the Legislature approved June
, 10, 1897, is constitutional, that
q there exists In this state no author
. ity in the governor to appoint a
- special judge.
Z There can be no doubt Of the
y correctness of that position. This act
D. repealed articles 1869 and 1870 of
y the Revised Civil Statute, which
l. had given the authority to make
d such appointment. The act of 1897
j. denying in express terms the au,
e thority to make such appointment,
e has now been on the statute books
!, of this state for more Than dozen
e years. No court in this state has,
y until the decision in this case, held