Message of Governor O. B. Colquitt to the thirty-second legislature of Texas. Page: 13 of 24
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and the trial of causes expedited. The lawyers composing
this revision committee should be selected solely for their eminent
fitness to do the work and should be non-partisan. The compensation
should be enough to secure men of the best ability; and those
selected should be chosen for the places only from a list of persons
recommended by the Supreme Court. We constantly hear discussion
about the cumbersomeness of our judicial procedure
and the delays of the law. It will not soon be otherwise unless some
practical plan for a complete revision such as herein suggested is
provided for. After discussing the matter with eminent jurists I
have concluded the plan herein suggested is the only feasible one
that is likely to bring substantial and effectual revision and reform
in the law and court procedure. I do not recommend the creation
of new commission and new offices, but this committee of revision
could take the place of the present codifying committee. If the work
is thoroughly done it certainly would result in the saving of time
and a large sum of money to the state, and to litigants.
ABOUT JURISDICTION IN TRAVIS COUNTY.
The legislative policy of giving jurisdiction to the district courts
of Travis county. in state cases should be changed. In recent years
nearly all acts conferring exclusive right upon the Attorney General
to bring suits for the state have provided that jurisdiction should
rest in the districts courts of Travis county. This entails hardship
and injustice on citizens litigating with the state and often entails
extra expense. Texas is rich and powerful and able to gather its
evidence and bring its witnesses from all quarters of the state. Citizens
whom it may sue ought not to be required to incur great expense
going away from their homes to Austin to defend their rights
against the state. Individuals who have litigation with the state are
at a disadvantage even when the citus of the suit is at the home of
the citizen, and the practice of forcing him away from his home and
away from his witnesses and away from the place where his reputation
is best known, gives to the state an advantage to which it is
not entitled. Especially is this true in cases which arise because
some state official, who has full authority under the law to protect
the rights of the state, neglected his duty to do so, or knowing or
suspecting that a fraud is about to be perpetrated on the state, consents
to its being done.
OUR ANTI-TRUST LAWS.
Our anti-trust laws should be fairly and firmly enforced, but prosecution
should not be made for the purpose of graft or merely for
the securing of fees incident to their enforcement. Texas has as good
or better laws defining and punishing trusts and combinations as are
on the statute books of any state. Our laws are far-reaching and
drastic. In addition to monetary penalties prescribed, provision is
made for punishing every person found guilty of violating the antitrust
laws by imprisonment in the penitentiary for a term of not less
than one nor more than ten years.
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Colquitt, O. B. Message of Governor O. B. Colquitt to the thirty-second legislature of Texas., book, 1911; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5834/m1/13/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .