Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-01-07

ographers laws have cost the people
O., Texss more money than any one
mistake the legislatures have ever
made. They have not only been an
expensive luxury. but they have Of
ten worked material injustice TO lit
lgants. II ne have court reporters
/, should be under regulations that
would secure more proficient ana
reliable reports, more In detail Ihey
should be employed by the state and
required 10 make triplicate tran
scripts OF their notes and file one
with the clerk and deliver 10 each
party copy thereof. Then the tran
script should be sent up as an orig
inal record in lieu OF all exceptions
and statements OF facts Then. toI
relieve the supreme court OF an ex-
animation OF such records, the par
ties should be required 10 state truly
In their briefs such conclusions OF
fact from the record as properly
bear upon the proposition being con
sldered. and the unchallenged state
men's made In the brief should be-
accepted as true. and the court
should 90 10 the cited pages OF the
transcript, only to decide therefrom
each controversy as between the con
flictng statements In the briefs. "
might be a better plan 70 give each
Judge a private stenographer and re-
quire him 10 make up statements or
facts
Criminal Procedure
Il would be my policy. a. near as
possible. 10 pursue the same course
IN criminal as in civil procedure.
and 70 give practical effect TO the
constitutional provision granting to
defendant a speed trial We
should do away with the necessity
for grand jury indictments but keep
grand jury system 10 investigate
the conduc, 81 officials and certain
character OF clandestinely commit
ted crimes I would also do away
with the present system OF examining
trials
Suppose crime has been commit
ted. whether II be theft arson, muir
der. or what not. il the crime and
the criminal are both known to the
executive officer. he should be per-
mitted 10 arrest without warrant or
upon warrant. as the opportunity Is
afforded When the arrest is made.
he should be- permitted 10 detain the
defendant until he can be arraisned
before trial Judge Of general jur-
isdictiou A. first opportunity he
should be brought before Judge.
when the Judge will proceed TO make
such investigation as will enable him
10 determine the character Of the
ofionso or how 10 charge the offense
against the criminal lie should
then and there direct the states
counsel 10 prepare complaint of
Information. charging one or more
offenses as the facts might Justify.
! This complaint should be prepared
in triplicate. as in civil procedure,
and one copy delivered TO the defen-
dant That defendant will know at
! that time and place whether or not
! he is guilty and what he can truth
fully answer in reply to the charges.
.Ie should then and there be requir-
20 to stand up in court before the
| Judge and plead specially TO each
specification OF fact in the iniorma-
ton or complaint When this has
been done. the court should inquire
/ rom the states counsel, and a.
Well from the defendant as 10 wha,
iacts they are going to be- able TO
prove and by what means they can
make such proof. and as we'll the
location OF their witnesses From
/ such Information the court should
/ SCI the case down for trial upon a
particular day, allowing a reasonable
| time 10 get the testimony before the
court A. the same time. while
I process H. being served on witnesses,
/ be- states counsel. the court and
/ The defendant. with his counsel
should proceed and select a jury and
gave that jury present al the day
.ct for the trial Of the case. More
, challenges should be allowed than
arc now allowed, bur they should be
Exercised. except for special cause
/ developed on examination. before The
! jurors are summoned Then. when
| the day comes for trial. the trial
should be- had The jury Should
answer the questions OF fact as in
civil cases The court should assess
penalties In case Of conviction. ap.
! peal should be allowed as a matter
81 course but in. criminal matters
! as in civil matters the record
should be- prepared as the trial pro.
veeds and would be ready 10 be- for
Narded 20 the appellate court upon
notice OF appeal given
General Observations
II is not claimed that the forego
ing is a complete or a thoroughly
| matured system, but We believe IL {.