Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-11-14
FOR LIMITATION
Of APPEAL RIGHT.
Judge Browning Suggests
Remedy for Crowded
Condition of DOckets


For several years the subject OF
how to relieve the APPELLATE court OF
their overburdened docket has been
a topic OF much discussion by the
press and lawyers of this state. So
far as have heard. those who have
discussed this important subjec,
seem TO have overlooked the cause OF
the congested condition OF appellate
court dockets. A good physician al
ways takes time TO properly dag
nose his patients case before pre-
scribing the remedy, and the same
rule should be followed before I'M
dertaking the task OF relieving these
courts. Texas has a Supreme Court.
Court OF Criminal Appeals and eight
Court of Civil APPEALS each of which
Is composed OF three judgesand still
the cry goes up for relief because OF
over-crowded dockets The enact
ment Of just few Appropriate amed-
ments 10 our codes of civil and
criminal procedure would. within
two years so reduce the dockets of
these courts that at least five OF tn
courts of Civil Appeals could be
abolished without crippling the ad
ministration OF justice in the least
That would mean the dismissal OF fiji
teen judges whose annual salaries az
gregate s52.500 which would be saw
ed to the taxpayers besides savins
of the incidental expenses of keep
ing up these five courts. shall onl,
suggest one of the remedies in this
article, and others will come in com
munications to follow.
Heretofore our law makers have
overlooked the practical things in
preserving the so-called priceless
boOn-the right OF appeal Why
not limit the right OF appeal? In some
few cases II Is now the law. For In
stance. there can be no appeal from
the judgment OF the justice OF the
peace In civil case where the
amount in controversy IL twenty
dollars or less. In all mlsdemeanor
cases tried in the justice court. where
the maximum fine fixed by law does
not exceed one hundred dollars; al
civil cases where the amount in con
troyersy is over twenty and does not
exceed one hundred dollars, exclu-
sive OF interest and costs, appeals
are allowed TO the county court aud
that courts Judgment in such cases
is final and rightfully so. All civil
suits Instituted In the county court
may be appealed To the Court of Cl..l
Appeals and that courts decision In
such cases is final. The district
court Is the highest nisi prius of trial
court In the state. and yet, In all
the various matters which may come
before II, IL In absolutely without
authority 10 render a decision In any
OF them that cannot be taken to an
appellate court for revision. And that
Is one of the causes for the crowded
appellate docket. The more cases ap-
pealod to the Court of Civil Appeals
the more cases are taken or attempt
cd to be aiken 10 the Supreme Court.
Let the right of appeal be denied
and the judgment OF the district
court be made final In the following
cases tal Where person is tried
for felony, having grades or de-
gress in the crime. and Is convicted
Of a misdemeanor Oh all iudg-
ments rendered on forfeited bail
bonds and recognizances. where such
judgment Is for one thousand dollars
Of less; (c) In all civil cases where
the amount OF the controversy does
not exceed one thousand, exclusive
OF interest and costs, whether The
subject of controversy be real ostat"
or any other thing OF value Cd
In all divorce eases and suits for IL
bel. SANDER. and defamation OIL
character. te) all other suits and
rendered In the district courts OF for
one thousand dollars or less. % In
all appeals from the county court In
NA'FaAf HAhAAfAr WAAfAf wv 81 tllAfHA
OF the district court does not OK
coed one thousand dollars. except
where the case involves the con
struction OF a will
Let the right Of appeals from iudg- |
ments OF the county court bo limited /
in criminal cases. ca 20 those whore /
the punishment assessed Is more than I
five hundred dollars fine. or more I
than six months confinement IN I
Jail tbl and in all civil cases where .
the judgment rendered exceeds five 4
huncfod dollars, exclusive az inter-
est and costs.
Ny object IN making these sus-
gestions Is OF a threo-foud nature .
First. would save the appellate
judges from spending SO much wall
liable time In deciding unimportant
and trivial appeals cases that should .
have ended al the trial In the lower
court Second. 10 put an end 10 lit
lsat'on and controversies between /
citizens az the earliest practicable
date. Alarge part OF the strife and
bitterness among the masses % the
people has It's origin In the ltlga-
ton OF small and trivial matters.
and sometimes the end ia bloodshei .
and long continued feuds. 4 contest
ed divorce case can engender more
feeling between the relatives and +.