El Paso herald. (El Paso, Tex.) 1901-1931, 1917-11-13
Judge Higgins Defends The
Supreme Court System OF Texas


FUDGE +. +. HIGGINS, of the Ell
Paso court of civil appeals having
been invited by judge Bryan. act
ing for one of the legislative investi-
eating committees. to submit TO the
committee recommendations designed
TO render the judiciary of the state
more efficient and prompt i'm the dis
. position Of its business. submitted the
/ following;
/ 1 suggest such changes in our or
ganic and statutory law as may be
. necessary TO accomplish the follow
{ ing
/ 4. Increasing the membership Of
Z the supreme court TO five and giving
/ authority TO the legislature TO in
! crease the number whenever IL may
I become necessary to do So
= Authorizing all appellate courts
/ 70 dispense with the necessity of de-
/ llverlng written opinions in cases
I finally disposed OF by them and di-
/ rectinE that ia cases finally disposed
l Of written opinion be delivered only
where, in their opinion. the question
involved is of such Importance TO the
! Jurisprudence Of the state, as 10 war
rant the delivery of "a written opiu-
ion.
@. Legislative enactment of that
portion Of rule ga adopted by the
supreme court for the government
I Of the courts Of civil appeals and
which reads,
NO judgment shall be reversed on
appeal and new trial ordered in
any cause on the ground that the
trial court has committed an error
of law in the course of the trial. un-
less the appellate court shall be Of
opinion that the error complained
Of amounted to such a denial of the
rights OF the appellant as was rea-
Souably calculated 10 cause and
probably did cause the rendition of
an improper Judgment I'm the case, or
was such as probably prevented the
appellant from making a proper
presentation Of the case TO the ap-
peliate court"
A. 10 Retirement.
4. Requiring the cOmpuls0 re-
tirement of all judges when they
reach the aEe of 90
3. Requiring the compulsory re-
tirement of any judge VINO. by rea-
son Of permanent physical or mental
disability, shall become unable to
property and efficiently discharge
the duties Incumbent upon him. and
providing adequate means for the
enforcement Of this provision
6. Raising the salaries OF all
judges TO a sufficient amount so as
TO attract 20 the bench the ADLER
members of the bar and 20 deter
such men from leaving the bench.
after they have once Gone upon the
same.
I'm this connection. I desire TO say
that personally I am not complain
Ing OF the salary which receive. I
went upon the bench knowing what
I would receive I do not claim
that my ability entities me TO more
But 7 do kru1w that many able men
are deferred from going upon the
bench by reason Of the inldeuuacy
of the salary and that some OF the
ablest men. upon the various courts
have retired on account Of such i'm
adequacy- This has had n harmful
effect upon the standard OF the
2. That the supreme court be
vested with authority 10 prescribe all
rules of pleading. practice and prOce-
Gure governing i'm civil cases
s. That the trial judges be vested
with greater control over the con-
duct OF the trial
Not for Radical Revision.
g. That no radical revision or any
part OF the judicial structure be uu-
dertakeu- That our efforts be di-
defects En- the present structure
rather than the destruction thereof
and undertaking to build a new one I
We know the defects existing I'm f.
the present one Win that knoWl- /
edge il can boz Intelligeutlv i'm .
proved. The present system IS The I
result of many years of legislation I
and judicial interpretation The Z
erection Of new structure would I
necessarily render almost all of this /.
work valueless. A new structure /
undoubtedly would also develop de- !
fects- Upon the bench and bar would I
deyOlye the duty OF uerfe-riuE the ]
same. 7 Eravely doubt whether We .
would do 10 as well as our predecessors :
have done with the old one. To those ]
@ o. the Inw hose ghIIfTr d
places them ia its front ranks. no :
great inconvenience or hewilderment ]
would occur But large portion Of ]
the bar would find great difficulty in 4
solving the perpleXiug problems Of !
procedure and practice which would ]
confront them The judicial reports I
abound with evidence OF the many Z
questions OF that nature which have 4
arisen in the past and most OF which I
are now definitely settled 1t cannot ]
would be so plain and simple that I
problems Of like nature Will not arise. I
7 am opposed 10 the abolition OF she I
courts Of civil and criminal appeals /
and the concentration iu one court Of I
all appellate jurisdiction. The expires
sion of this opinion may subject me 90 ]
the criticism that II Is effected bv per-
soual interest in view Of INV position I
upon one Of the courts OF civil appeals. I
But 7 feel under no necessity 10 make /
any justification Of my right 10 an /
oniniou upon this question or my
right 20 express that opinion and I
uphold the correctness thereof
Such a court necessarily must sit /
in divisions of three and have mem /
bership large enough 90 dispose Of /
the appellate business OF the state. /
It viii take ut least ten divisions TO .
dispose of the business now handled ]
by the courts of civil and criWin7l +.
appeals. This means membership /.
of 80.
Review BY Court I'm Banc.
Il viii be conceded by all chat q J
I nef and FnunA