Bryan daily eagle and pilot. [volume] (Bryan, Tex.) 1909-1918, 1916-06-30
Illegal DELAY DENIES
POOR Of JUSTICE
DECLARATION OF cLEBURNe LAWYER WHO
URGES IMMEDIATE HIGH COURT
REFORM.

CLEB tRNE, Texas.-Tnat tne ro'
duction OF the number Of district
judges will materially improve the
administration Of justice is one OF the
claims. OF Judge s. c. Padelford OF
this city, who has given his views
on the subject to the Texas Econom'
ic League
Judge Padelfords views, In part,
are as follows: +
Zone Of the most important func'
lions OF government is to establish
and operate such judicial system
as will furnish the people pure.
speedy, cheap. uniform and efficient
system Of justice. Delay to the poor
is a virtual denial Of justice. In or.
der to accomplish this. It Is neces-
sary to have:
First, a proper judicial system. :
Second. competent, pure and indie
pendent judges.
Third. an able and upright bar.
Fourth, II It is a trial by Jury, an
intelligent, honest and unprsjudiced
Jury.
Fifth. simple and efficient rules OF
procedure.
/ I desire to refer only TO our Judi.
cial system. and especially the appel.
ate departments.
Our present judicial system was
fully adopted In 1891. At present our
appellate system consists OF one court
OF criminal appeals OF three judges.
with final Jurisdiction in all criminal
, appeals; one supreme court OF three
judges, with final Jurisdiction In all
civil appeals. and nine intermediate
courts OF appeal Of three judges each.
with appellate jurisdiction In civil
matters alone.
Having two separate Independent
courts OF last resort. one In civil and
the other In criminal matters, they
have heretofore and will continue to
have disagreements on important
questions. thus producing irreconcil.
able conflicts In our law.
In civil matters where the district
court has original Jurisdiction. and Q
few other instances. cases tried In the
lower court can be carried by wrrt OF
error to our supreme court. ahd I'm.
ally settled by a majority opinion OF
the supreme court. The trial court
may decide the law In favor OF the
plaintiff. from this an appeal could
be taken TO the court OF appeals. and
there the judgment OF the lower court
I affirmed by an undivided court: q
writ OF error could be granted by two
OF the supreme court judges. one dis
senting, and judgment rendered re-
versing the judgment OF the trial
court and the court OF appeals. Thus
two supreme judges could overrule
' Sho e"pt'"o yutht oHu tut tuftr ~
/ 'pellate judges. and also the distric,
Judge.
when q civil case over which the
supreme court has jurisdiction has
been tried In the distr!c, court thu
losing party can appeal to the cour,
Of appeals and have the Judgment
and the opinion OF this court on this
case on appeal. Should the court OF
appeals decide against appellant. he
can apply for writ OF error TO the
1 supreme court. and In effect hayo this
court also TO pass upon the Law Of
his case on appeal. II the supreme
court should refuse the writ OF error,
this party has In effect had two ap
pcals. but should the supreme cour,
grant the writ OF error. then Il Ia
heard again on submission by the
supreme court. thus In effect giving
fhis party the benefit Of three hear,
ings on appeal. one by court Of ap'
poals and two supreme court. tic