Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939 Page: 19 of 263
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his powers and duties, providing for the transfer of cases
from the Seventh Judicial District of Smith County; and from the
Special District Court to the Seventh Judicial District of Smith
County; providing for the District Clerk of Smith County and his
successor in office to be the clerk for said special district court in
said county; providing that the District Attorney of the District
Court of Smith County, and in his absence or inability, the County
Attorney of Smith County shall represent the State in said special
district court in said county; providing a seal for said special district
court; providing that if any section of this Act be held unconstitutional
or invalid for any reason, the same shall not impair or
affect the remaining sections or provisions and declaring an emergency."
my experience as Attorney General of this State and within
my knowledge, the creation of this temporary court for a period of time
of four (4) years from the effective date of the Act, is absolutely necessary
in order that the overwhelming amount of business in the county
can be properly handled. A little over two years ago a Special District
Court for Smith County was created, and this court automatically expired
just a few weeks ago.
At this time there is only one district Court to handle the business of
the three counties of Smith, Wood and Upshur, and with the large number
of criminal cases pending the present Seventh Judicial Court, which
serves the three counties just mentioned, cannot possibly handle the business
which should be immediately disposed of. It is my opinion from a
careful study of the situation, and from my experience, that the law
authorizing the transfer of judges from one district to another is entirely
inadequate to handle the situation as it now exists in this territory.
JAMES V. ALLRED
Governor of Texas
January 18, 1935.
To the Forty-fourth Legislature of the State of Texas:
I hereby submit to you as an emergency matter for your immediate
consideration the immediate creation of a special temporary district court
for Rusk County and a special temporary district court for Gregg County;
and the continuation of the present 124th District Court for Gregg County,
which will expire in August.
It is a matter of common knowledge that the dockets of the existing
district courts of these counties are more than hopelessly crowded. In
these counties we find not only the ordinary oil field litigation and criminal
prosecutions, but the venue of all suits for penalties for violation of
the conservation statutes and orders of the Railroad Commission is laid
in these oil field counties. As a practicing attorney in private life I witnessed
one of the greatest oil booms in Texas in the Wichita Falls area,
but, frankly, the East Texas oil field is by far the greatest the country
has ever known. I do not believe conditions in other oil field counties
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Allred, James V. Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939, book, 1939; (texashistory.unt.edu/ark:/67531/metapth3899/m1/19/: accessed October 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .