The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944 Page: 16
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Southwestern Historical Quarterly
W. W. Lang, of Falls County, stated that he had taken the
position in the "canvass" that constitutional amendments were
necessary. He maintained that there was a dire need for a
new Judiciary Article; and he based his contention upon the
judgment of capable lawyers who understood the needs of
the community and the defects in the system provided for
by the present Article rather than upon his own opinion.
It was evident that the supreme court was so overburdened
that the provision in the bill of rights guaranteeing a speedy
and impartial trial could not be enforced under the present
Judiciary Article. Hence, the new Constitution was in conflict
with itself in this respect."
Representative Chambers was quite sarcastic in his reply
to the remarks made by Lang, as is evidenced by the
following article taken from The Daily State Gazette of May
Chambers opposed the consideration of amendments, especially
for an entire substitution of the judiciary article. The wise and
experienced members propose to substitute that article, holding
it to be defective. They hold it was hastily drawn up, that it is
not wise. It was gotten up by such young and inexperienced per-
sons as young Mr. Ballinger, of Galveston, young Messrs. Stock-
dale and Wilder, and Reagan. They considered the subject several
weeks in committee, and proposed two or three articles; the
present is made up from one proposed by Young Mr. Ballinger
for the majority and young Judge Reagan for minorities of the
committee. The Convention and committee were some seven or
eight weeks in perfecting the article. Can this Legislature under-
take to go into a like consideration of a new judiciary article?
Has it the time, or is there such superior ability or experience
here that we may expect to frame an article in the limited time
to spare from the imperative duty of providing general legisla-
tion to enforce the other provisions of the constitution.
The house refused to adopt the majority report as well as the
Senator A. W. Terrell, fearing that the newly created ju-
dicial system was inadequate, introduced Senate Bill No. 178
on May 23, providing for the establishment of an intermediate
court of appeals. He explained that from the message of the
governor and the accompanying document from Chief Justice
Roberts, it was evident that decisions on cases appealed to
the supreme court would be delayed for two or three years.
He was not antagonistic to the proposition to submit a new
judicial article to the people, but, apprehensive that this could
4"Daily State Gazette, May 24, 1876.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944, periodical, 1944; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146054/m1/20/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.