30
GOVERNOR'S MESSAGES.
sections, to work under the direction
of the Supreme Court and to pass
upon such cases as that Court might
refer to thet. The fil't of these
conmmissions has been in operation
some eighteen months and has been
of great assistance in helping the
Supreme Court catch up with its
"application docket." The two sections
of the Commission of Appeals
were organized and began to work
in October, 1918, The latter plan
or relief is giving evidence even this
early of the fact that it will be of
great help to the Supreme Court in
catching up with its "trial docket."
It should be remembered, however,
that these two measures are only
temporary in their natute and leave
untouched the problem of establishing
an adequate judicial system.
It is not my purpose at this time
to go into the details of a Judiciary
article for our State Constitution. I
Will content mlysqlf with mentioning
a few points that seem to be pretty
generally agreed tpon by the students
of the subject.
1. We hitild have one Buptemfl
Ctort, asd not tw6, as is now the
ectir. Thit edOtt hliOld be lar'g
enough to transact the business coming
before it, and should have power
to divide itself itto sections dr divisions
for the putpdse of handling the
different kinds of bUsineiS, as divil,
dritinal ind the like; questions involying
(tfi eonstitutiottlity of statutes,
howevet. to be pased upon by
the whole court sitting en bane.
2. ThM tihftis of thO dtirts shotld
t1 ibotlliheMd the courts femAilitig in
i lo~t as IOlg as ti fie iS *otk tO be
done, ptl6bliohf beting mide, hodWeer,
foa VacAtiots for the individual
judges without bringiig the macieinery
of justice to a Stahdstill.
3. PfrVitiaios bhould b4 nide for
the speedy trial of all dases, fto iftiplifled
prioedutre atd for the loWdet
poisible cost to be assessed against
litigants iti order to ddtertmine their
fights.
I feel that those experienced in the
praetice and kiowledge of the law
Afe better prepared to pasg judgineft
and therefore I do not care to urge
the adoptt6n of any particulat plan.
However, I call to your attention by
request the proposal of the Texas
State hat Assoeiation, appraoved by
that orgahisftion att it meeting at
Wichitte FaIlit last July. I do not
reommtn id this plan for adoption bedause
your body in its wisdom may
find a better one. However, any plan
submitted by a body of able lawyers
is enlightening and deserves attention
and will no dotbt be helpful to
you in framing an amendment. I ask
the Legislature to call into exercise
its best judgment and m'ost careful
thought and sumbit in the form of a
constitutional amendment the best
measure calculated in its wisdom to
bring about an improvea judicial system
in this State.
'the measures i have referred.to
call for anmeidments to the State
Constitution and in order that the
purpoSes they are intended to accomplish
may not be delayed, I recommend
that these amendments be subiiitted
so that they may be Voted
upon during the current year.
It is realiSed that the demand for
a new Constitution is growing in
Texas, because of the frequent necesSity
for amendment and because of
the sections which have been rendered
obsolete by changing conditions and
the rlight of years since its adoption.
L urge submission of these important
aemeadnets to the Constitution
ifdeenid6nt of and without relation
to your action upon the advisabiliy
of calling a constitutional convention.
These iiiObaurs are ttresing ones,
ahd are too urgently demanded by
public necessity to permit of suih
delay as the adottion of a new. Contititutibi
woild ifivolve. If yOu
should determine in fator of calliitg
cb6sttitauttonalt etoention it is
t#stsdnble to prestme that those provisions
written iito the Conftitution
by the peopie so late as the present
year wotlid be accpted by the delegated
to the convention without
change. If you should deterinfti^
against calling a convention or tevei
if A ftew Conl^tttitibn should be subnitted
and fail of ratificatioi thd
statutes txistilg at the titme would
rettmaih
I adopt the conclusion, therefore,
that either if the event of ealling of
not calling a constitutional convettion
the ifportant ieaosures I haVe
urged for your consideratioti, if they
be decided in the interest of the publie
welfare by the people, will becomn
fixed it the organic law of the State;
provided these measure 'be favotatbly
considered separate and apart ftotf
the question of a constitutional convefitO
. .
Itn my judgment your body would
make wise proviston for the futUit
