Borger Daily Herald (Borger, Tex.), Vol. 1, No. 194, Ed. 1 Friday, July 8, 1927 Page: 2 of 8
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'-.S-i
wyers Meet at Houston;
Leárn How "Justice
Is Defeated"
HOUSfON, Texas - The
Iftw'8 delays, whic.h it Is charged are
tfeating the ends of justice, can
eliminated only by. "trusting the
legislature with creating the sub-
stantive law and trusting the Judi-
ciary with administering this law"
T. Whitfield Davidson of Dallas, de-
clared here today in his annual ad-
dress as president ol' the Texas Bar
Association.
Mr. Davidson, wno-formerly was
lieutenant governor and recently
moved from Marshall to Dallas, seór-
td the cumbersome legal machinery
which has grown up in this coun-
try, compared the interminable de-
lays of American with the speed and
efficiency of English courts, alid set
forth specific recommendations for
Improving the situation. His was
one of the must important speeches
before the convention.
"We need one trial and one re-
view," he said. "Intermediate
courts should be eliminated. Recent
Vbservations. however, convinces me
that while this is to be desired, it
is well-nigh impossible of accom-
plishment. I such ail end may not
be accomplished, then the intermn-
diate courts should cease to write
judicial opinions as a part of the law
of the state. The trial courts should
be clothed with greater discretion."
After giving examples of numerous
obstacles in the path of justice in
American courts and referring to
the mountain of judicial opinions
which the 11 appellate courts, the
Kit pre ni e court, the commission of
appeals and the Court of Criminal
♦ipprals are piling up in Texas, Mr.
Davidson susgested the following
remedies and relief:
"First: While preserving every
right of the jury trial, discourage
its promiscuous and unnecessary
Use: by allowing the defendant to
waive it in criminal cases where he
so desires, and by instituting the
practice of trying contested non-
jury cases before a court of three
judges sitting in bank from whose
decision a writ, of error inay lie di-
iect!y to the Supreme Court, thus
allowing litigants a short cut to jus-
tice by the highest court.
"Second: Shorten and render less
expensive, appellate procedures by
having duplicate pleading and pa-
pers filed in the trial court, which
shall constitute a record appeal:
when a party makes a motion tor a
new trial lei him attach thereto such
I iris of exceptions as are referred
to or called for by the motion; no
formal bill shall be required, an
i xcerpt from the stenographic notes
shall
■
as *
an bppeal is
Immediately file
cate records thus made
Coúlrt of Appeals; if the
Apptasl desires further inl
it '
furnished, including the t
er's Q. and A. report of the trial: the
Court ot Appeals will write no of-
ficial opiniou la the case, but will
pass upon the motion for new trial
as filed in the court below, if it ap-
proves the action oS '.he trial court
it wi llsimply say so; if it disap-
proves it will revise the findings
and conclusions and enter judgment
accordingly; the record thus made,
In cases where jurisdiction lies, maj>
be reviewed by the Supreme Court
upon request, without formal appli-
cation- therefor.
Third: "fty ihclbdthg or incorporat-
ing into the Supreme Court the
Commission of Appeals.
"Lawyers who see in thcirvprores-
sion something more than a mere
livelihood, or source of making mon-
ey, are Sincerely seeking a solution
of the abuses of the system undei
which we live. In one respect it is
oiltgrowlh of the distrusts existing
between the three departments of
our government The legislature will
not trust the judicial'}-, and the Ju-
diciary is distrustful of the legisla-
ture. and the people distrust them
both. The real province ot' the leg-
islative body is to declare the sub-
stantive law, and quit. AVlieVi 11 de-
sires to write rules of procedure for
our courts they should be directory,
and certainly not mandatory.
'"To establish Justice' is the see
ond if six purposes set forth in the
Preamble to the American Consti-
tution.
"If we might conceive of an army;
of 100 regiments, each under the
command If its colonel going into
battle without a copimander-in
chief, or without, a general staff to
plan the campaign or control the re-
serves, then we might better under-
stand tile plight of our conuntry's
army of judges charged with the
business of administering justtice.
"Our judges are in the main both
capable and eficient, but they are
weighted down beneath a system
that makes almost immposslble that
lair and speedy trial for which
courts are instituted
"Let me illustrate: A client,—
a large estate or some great indus-
try—,will send its mesetiger to you
for councel. Without fault of its
meshed in a legal controversy. The
own, perhaps, it has become em-
l'uture policy of the business must
ui -sujos icSaj su uodti puadap
order that this policy may be de-
termined. your expert knowledge is
sought. When you have become
acquainted with the facts you are
then asked: 'Xow. how sooii may I
have your opinion on the matter?'
You assure him. prompt service and
at the fend of three days you ad-
vise liim of the legal status, and
just how- with reasonable certainty
he may formulate his program. He
is pleased,- ready to pay a good fee.
so you are pleased. In order that
he may understand all contingencies'
you tell him that while your opin-
ion is based upon sound principles
of law accepted and announced h>
court can getertólne' the matter
finitely. flMHPi in his co
tey's institutions Uno In your sk.„. „„„
and judgement he «ontinwbs:
"Then slr. lf the ewiiny wants to
go to court we^ wlh Join-iSsíiés glad-
ly and settle , tW ORC€.t fpr all. 'hut
behold the look of des^jair when, you
tell him it will be frt\m two years'
to six before & decision ot yótrr
Supreme Court can be' had. The
business will not Stand the suspense
of doubt and delay. JThere Is but
one course-—bu}- yóur pnacé fr'óm
your adversary.
"Not the least of all. ttee evils th^f
may be charged' tp out* lyoáéiirro is
the immense number of j.udtcial de-
cisions that consequently %1ow from
our appellate judiciary ns now or-
ganised. At first Texas had one
great Supreme Court wltii general
appellate jtíHSdictioá, thon to re-
lieve that court we instituted the
Court of' Criminal Appeals, then to
relieve the congested condition, we
provided for three courts oí Civil
4l>]peals, These have Kéett con-
stantly increased until nbw we have
eléven Courts of Civil Appaals. In
addition to this we now luave a
CoinmiSsion of Appeals to akfeist the
Súprehle CtViiW. consisting ot six
six special Judges, (who out:ht to
he full fledged judges) and a -Com-
mission of Appeals to assist the
Court of Criminal Appeals, of two
adnltional judges, making 4 7 judg-
es for the State who are writing
opinions on cases thai enter into our
Reporter System,, something near 2-
000 opinions áñntiaily. The vol-
ume of law is simply .appalling.
"Teias writes lhore judicial opin-
ion^ that the State of N«w York, al-
tnough New; York has Aiore than
twice the population and' is the fi-
only does it. write more-, than New
nancial center of, the universe. Not
York, but it writes more /han New
■h
it!
ü-tt
ire thata Néw V<
t it Writes more than
inols, Indiana, Ohio
ittfe.
people are moral and as
_T_. as any. people iiy the world,
fere ft ho reason tohy our crime
record should be greater than that
of other countries similarly situat-
ed. It is beliCveá that the delays
of the la\v are responsible "for much
o ffhe lawlessness ot our land.
"Ih-'the yetar 1926 there were 11.-
000 h;o)nlcldéS in this country, which
is believed to haVe been ftn average
for recent yeai's. If we put it at
10,000 in VOund numbeiB, that
m'ea'.rs iti ten years there have been
100,000 homicides in the United
States, more men by 30,000 than
Robert B. Let? had engaged in the
Battle of Gettysburg. They have
fa lit n by the pistol, by poison, by
tht? knife land by every unlawful
weapon. Tliis condition has not
i'.lVays been.
"In 1S50, we were the most law-
abiding people in the. world. At
that timé we had á population of
23,000,000. ' There were about 7,-
000 people in all the prisons of the
nation. Today we have 130,000
tortured human being i listed ciges
and behind prison walls. We have
increase_ din population five times.
We have increased In prison popula-
tion twpnty-one times, to say noth-
ing of the multiplied thousands of
criminals who have gone free.
"It canhqt be said that our crime
is due entirely to the imigrant be-
cause OUr crime record Is higher
than the country from which lie
comes. There was, in 1925, <12
murders in the city of London. At
the same time there were 23S in
New York. There were 4 2 in Lon-
don as against 3(18 in Chicago". In
all England and Wales, with its pop-
ulation of more than 50,00,000 souls
$ ,
-I-
there Were 151 murders^. !h the
United States there were , 11,000-
There Is a reason What is ?
"In I3ufclana and Wales, wether
actuated by anger or a várice, when
a man would kill another lie is. con-
scious lhat 76 tl'mes out of-a hund-
red he will be arrested and convict-
ed, and will either forfeit'his own
life or sustuin other severe punish-
ment. In this country, if a man
deliberates whether or not he shall
Mil another, he knows that the
chances are that he may never be
arrested and that 15 to 1 he will
never be convicted, and that 100 to
1 lie will never die far his crime."
Maidens of Nippota
Prefer Businéss Men
TOKYO (API—The girls of
Japan, when choosing a hus
band, perfer young business
men r.ti'd bank clerks, according to
an Investigation made by one of the
big matrimonial agencies of Tokyo.
Of all professions, the Inquiry
disclosed that journalism appealed
least to the young women. Of 677
girls interrogated only five admit-
ted they would like an editor or a
reporter for a husband.
Ranking next to journalistic un-
popularity were tne musicians, only
six girls declaring they wo.uld _ set
their caps for gentlemen of melody.
.ir *"" - ii
Disabled Soldiers
Now Décorfcte Gowns
LONDON (-Af (-^Disabled for-
ijner service men are engaged In
decorating fine cloth ¡for rest gowns,
day frocks arid evening gowns.
Princess Mary has bought three
dress lengths of the decorated cloth
known as " Painted fabric."
One Is of soft blue Inlet with lav-
ender panels,'having « hyacinth and
lavendar crocus border painted up
from the hem of the skirt. Another
dress length Is in rosé pink with a
medieval painted design. Princess
Mary also bought an apricot-color-
eo'shaVl with the same type of
work.
SW'EKT <¡IM TUNE
«KCOMKS VALUABLE
The sweet, gum tree has become
seventh in importance, federal for-
esters s«y. As a veneer wood it
leads the market.
ALGIERS (AP)—Algerian em
broideries and woolen coats and
dresses are attracting French style
creators to this city • Several have
arrived here since spring.
Has Two Centuries
to Repay Thefts
,
ROSTOV-ON-DON, U. S. S. R.
CAP)— Convicted of theft to the
extent of $19,000, a Soviet citizen
has been required by the court here
to repay the government in install-
ments extending over a period of
2lit years.
Nicholas Ellstrutov, manager of
a military storehouse, was accused
because much of the contents of
the building in his charge had been
curried away by I he local populat-
ion.
lie was required to remit to the
state the value of the stolen objects
out of Ills monthly Salary of $20 at
the rate of $7.50 per month.
K
1" Fishing
President's Mel
New Evening Fabric
VIENNA (AP)—Knitted goods
have such popularity that manu-
facturers of fabrics here are oven
showing knitted stuff with a tulle
mesh, for evening dresses. There
Is a- metal thread in most of the
very light weight fabric.
BOSTON (AP)— Worm Hahlúg
gets results. }<
President Coolidgo, if ho uses'
worms to catch trout, hus that as-
surance from Miss Perry, liarvard'
professor and formor magazine Gnl-
t'o'r. '2
"Tiie philosophy of worhi fishing,'
comments Perry in a new book.'
"Pools and Ripples," "is that qf
results of having something tang-
ible In your basket when tho da^'s
work is done. It is a plea for cojhf
promise, for cutting the coat IW-
cordlng to the cloth, for taking tn«
world as it actually is . . . Hotfc/
as elsewhere In the world, the host
things lies nearest, and there Is niyl
bait so killing, week in and woék
out, as your garden or golf-gfoen
angleworm.
_____ ■
i i
Tours By Air :<
PARIS (AP)—An aerial tour ot
Europe in 1!) jumps, has just bceji
made by the Count. Henri do La.
Vaulx. " '
He dropped in front tho air o.u
nearly every capital city, made a
few speeches, attended a lot of func-
tions and returned to Paris After
seven weeks absence.
Collects Bard's Books
CLEVELAND (AP)— A Shakes-
pearean library, called the finest Hi
tho United States, belongs to
Judge Willis Vickery of the Cleve-
land court of appeals, president ot
the International Shakespeare As-
sociation of New York.
He bought his first volume at 17,
nnd now has 5,000 volumes.
More American automobiles are
demanded in Britain than can be
supplied. '
OKLAHOMA
GROCERY&MARKET
709 N. MAIN
BORGER
BUTTER
Extra Fancy
Creámery
39®
s
s
TREMIENBOIS
■V
STOCK
%
LETTUCE
Large Solid
Heads, 3 for
25c
EGGS
No. 1 Fresh
Candled
22c
NEW SPUDS
10
Pounds
42c
BANANAS
Golden Ripe
Dozen
25c
BACON
BREAD
Sugar
Cured
29c
Large
Loaf
8c
BABY BEEF ROAST
Per
Pound
I7'/!C
PURE PORK
Per
Pound
20c
COFFEE
Wapco
1 Pound
«C
CRAPE JOKE
Pint
Bottles
31
APRICOTS
No. 2
White SWan
21c
SHEETSPOBS
No. 3 Cans
2 for
31c
Fancy Olive
Oil Pack
SUMBH
FOVINO CHICKENS
2 '/2 Pound
Si2e
14c
35c
THESE PRICES FOR SATURDAY
ONLY
BUY A WEEK'S SUPPLY
A COMPLETE LINE OF FRUITS AND
VEGETABLES _
.... .
i |¡J?« ■ " ■ /.;
BARGAINS 1
I
GALORE |
mum
A Great Sale on High Grade Merchandise for the
entire family. You never saw such a Sale before.
Most-startling and rápid retail selling event ever
stagéd by any Mortal in Borger, Texas.
We must and we will sell lots of merchandise re-
gardless of the cost Come expecting to see the
Biggest Crowds buying the Biggest Bargains.
. . ~ I
Entire Stock Marked Out Very Cheap. Hurry! Hurry! ^
SALE STARTS PROMPTLY, 9 A. M.
SATURDAY, JULY 9th!
COME! YOU WILL BE AMAZED AT HUNDREDS OF GREATER BARGAINS THAN MENTIONED HERE
Men's Work Shirts. A real iO
good kind, at ^OC
Athletic Union Suits. The kind
you pay plenty more «J«Jv
Hand Towels. Just pull them £
down, at DC
Men's Dress Shoes. Have your AO
choice, at -
Boys' Dress Shirt3. Sure are 70/
nice, at •
Ladies Dress Shoes. All styles aa
and shades, at
Men's Rayon Silk Hose. Lat- 07g*
est kind, at _ - "lC
Children's Sox. They sure -l Q
want them, at 1J/C
Ladies' Hose. Art Silk to the aa
top, at «JÚC
Men's Everyday Pants. Stock Q<7
moving sale price .. 2/lC
Children's Shoes. Very good QQ
and nice, at ..
Ladies' Silk Dresses. Just Aj / m
what the ladies admire «p4*Dl
COME PREPARE TO ATTEND THIS GREATEST OF MONEY SAVING OPPORTUNITIES! Í
THOUSANDS WILL COME- NONE SHOULD STAY AWAY i
MAKE NO MISTAKE! LOOK FOR THE SIONS S
" * ' * * ' |
PEOPLES
Across Street from Bank, Borger
Aif: - ¿V
9
I •
< I
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Caufield, T. E. Borger Daily Herald (Borger, Tex.), Vol. 1, No. 194, Ed. 1 Friday, July 8, 1927, newspaper, July 8, 1927; Borger, Texas. (https://texashistory.unt.edu/ark:/67531/metapth167121/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Hutchinson County Library, Borger Branch.