jury.

in

Costs to litigants are creased, delays and unjust burdens are laid upon those forced to invoke the aid of the courts to secure their rights under the Constitution and laws. The costs incurred by the counties for juries and other incidental expenses in the numerous trials of the same case is heavy and has attracted the attention of the people."

2. That the Legislature either prescribe by statute a common-sense form of charge in every criminal case of the grade of felony, or require such charge to embrace only the nature of the accusation, and a copy of the Statutes applicable to the offense charged, and the facts proven in the case.

to no uesful end, and the people pay the costs. A rigid enforcement of all the laws is essential to the social well-being, and are demanded as the only safe guarantee of life, liberty and property. All laws can be enforced, and should be enforced fearlessly, impartially and without respect to locality or persons. To longer tolerate a system of technical obstacles behind which murderers and rogues may barricade themselves The conditions then existing and and defy the laws, would be a reflec- the temper of the people with retion upon the wisdom if not the sin-spect to this question and the demand cerity of our statesmanship. To say for reform along these lines is more that crime can run rampant in Texas, pronounced at this time than ever and that our laws can not be enforced before. It does seem to me that an is to admit that we are incapable of earnest effort should be made to self-government. That our law-provide the relief demanded, and abiding citizenship is growing impa- with that end in view I urgently rectient and restless at the law's delays ommend to the Legislature the passand the uncertainty of punishment | age of the following laws: for crime can not be denied. That 1. That jury exemptions be furthere is just ground for such discon- ther limited, and that the causes for tent must be conceded. There is too which the trial judge may in the exmuch machinery in our criminal ercise of his discretion grant excuses trials, too much literature and too to jurors drawn for service, be acmany refinements in the court's curately defined and further limited. charge to the jury, and too many loopholes through which criminals may escape. When the court s charge in a criminal case is heard, especially the charge in murder cases, the intelligent citizen is often made to wonder how any man is ever punished for crime. How is it possible for any juror, not trained in the law, to ever measure the guilt 3. An amendment modifying Aror innocence of an accused person ticle 723 of our Code of Criminal by rules and distinctions not always Procedure is recommended. This arunderstood by the courts and law-ticle, formerly 685 in the revision yers themselves? Is it a surprise of 1895, appeared as follows: that juries disagree, that criminals "Whenever it appears in the record go unwhipped of justice, that new in a criminal action upon appeal of trials are forced, cases reversed by the defendant that any of the rethe appellate courts, and that mob quirements of the eight preceding arspirit is rife in Texas? The judges ticles have been disregarded, the are not at fault; the jurors are not judgment shall be reversed, provided always to blame; the main difficulty the error is excepted to at the time is in the system. A fair and impar- of the trial." This was changed by tial trial, upon the law and the facts, the act of March 12, 1897, so as to without tangled and technical rules, read as follows: "Whenever it apshould be accorded the accused, and pears in the record in a criminal when this is done, and not until then, action upon appeal of the defendant so many trials and delays can be that any of the requirements of the avoided and substantial justice may eight preceding articles have been with some reason be expected in all disregarded, the judgment shall not be reveresd unless the error appearWith respect to the procedure in ing from the record is calculated to civil trials, I then said: "As in crim-injure the right of the defendant, inal cases, probably more than onehalf of the civil suits tried and appealed or reversed and remanded for new trials, and many new trials are granted by trial courts on account of errors in the court's charge to the

cases."

which error should be excepted to at the time of the trial, or on motion for new trial." Under the old article, 685, of the Revised Statutes of 1895, it was held by the Court of Criminal Appeals that if error, how

of all, it would add immensely to the people's confidence in the courts of the country.

2. A law requiring judges to prepare their charges to juries in civil cases, and submit the same to the parties or to counsel on both sides of the case before the argument begins; that the charge of the court shall as now be read to the jury upon the conclusion of the evidence, if no arguments are to be made to the jury.

ever immaterial, was excepted to at the time, reversal was required as the statute was mandatory. This, however, is not the rule under the With respect to the procedure in present statute, Article 623, in view civil trials, I repeat my recommendaof the declaration therein contained, tions to the Thirtieth Legislature, that judgment shall not be reversed and urge the enactment of the folunless the error is calculated to in-lowing laws: jure the defendant. The difficulty, 1. A law authorizing verdicts to however, lies in that portion of the be rendered in trial of civil cases in article which now stands, "or on mo- the district court by the concurrence tion for new trial." The present of nine members of the jury. statute would properly cover the case with the elimination of the words "or on motion for new trial." It ought to be perfectly clear that an error or procedure which lawyers deem of such little consequence as not to bring out objection to the action of the court at the time, and which was not of sufficient importance to occur to them as being injurious or hurtful to the defendant, could not in the very nature of things likely affect or influence any of the twelve jurors not learned in the law. As the statute now stands, when the case is tried, notwithstanding a matter may not have been called to the attention of the court, if upon an examination of the entire record, after the trial, and in the office of learned counsel, a technical error is discovered which might be held to be calculated to injure the rights of the defendant, it can be raised for the first time in the motion for new trial, and a new trial or reversal follows, and the case tried over again. This ought by all

means to be changed, and if changed would result in a more certain enforcement of the law and in the affirmance of many cases which under the present rule are required to be reversed for error usually technical, and in no way affacting adversely the substantial rights of the defendant.

4. A law should be enacted providing that no judgment should be reversed for an error which does not affect the substantial rights of the adverse party. This law should apply to both criminal and civil cases. This is now the rule in many States

of the Union.

3. A law providing further that all special charges, or additional instructions to the jury proposed or requested by counsel shall be prepared, submitted to opposing counsel for objection, if any, and then delivered to the judge before the main charge is read to the jury; and that all exceptions to the main charge or to the giving or failure to give special charges shall be taken and the ground of objection stated in writing, and stated to the judge before the jury retires; and that all errors in the charge, or with respect to any special charges not then assigned and again pointed out in motion for new trial, shall be considered and held to have been waived, and shall not constitute grounds for new trials or reversals.

4. In the interest of economy and to facilitate the courts in the trial of civil cases, a law should be passed providing that in all civil cases all questions of law should be settled, issue joined and the pleading closed before a case can be placed upon the jury trial docket.

Every thoughtful man admits the necessity for legislative reform along the lines suggested and so often urged. The people and the press of the State are protesting against exThe enactment of laws embodying isting conditions and have the right these views would, I believe, add to to expect relief at the hands of your the law's enforcement, expedite tri- | Honorable Bodies. The technicalials, furnish ample protection to the ties and high soaring, ornate literinnocent, discontinue the almost uni- ary nonsense now obstructing the versal practice of appealing every- courts encouraging crime, delaying thing, and to a large extent prevent civil and criminal trials and defeatreversals and new trials, and, best ing justice should be swept away by

some common sense legislation. With this done the number of courts could be reduced instead of increased. Criminals could be more certainly and speedily punished, the average man in his legal contests with the many others were induced to believe more favored rich and powerful would be more certain of his rights and the taxpayers would be saved much of the large expenditure now necessary to defray the growing expense of court trials.

to give the people better service and necessary relief from the unusual burdens imposed upon commerce and traffic in the way of freight rates. In other words, the Legislature and

FREIGHT AND PASSENGER RATES.

farms of this State will amount to at least $3,000,000 per annum. The anti-pass law also largely increased their revenue from passenger earnings. I, therefore, again earnestly urge upon the Legislature the enactment of a law reducing passenger rates to 2 cents per mile."

Conditions demanding in right and justice a reduction of passenger rates have undergone no change since the above was written, further than the fact that the propriety and wisdom of such legislation has become more pronounced.

that conditions would be improved, and that the rates would be reduced. In this the people have been grievously disappointed. The conditions have not improved and instead of a reduction of freight rates the railways have increased the rates applying on interstate traffic having origin In my first campaign in 1906, I or destination in Texas an average of advocated a law reducing passenger nearly 10 per cent, which increase rates applying on railroads in Texas upon the commerce and upon the and also urged the Thirtieth Legis-products of the forests, factories and lature by message to enact a law reducing the rates to two cents per mile per passenger. No action was taken and in my second campaign I again advocated the rights of the people in this respect, and in the treatment of the subject of freight and passenger rates in my message to the Thirty-first Legislature and in again urging a reduction of passenger rates by law I used the following language and made recommendations which I now reiterate: "It is a matter of common knowledge that the local freight rates applying upon Texas traffic is higher than that applying upon the local traffic of almost any State in the Union, and the faithful efforts of our Railroad Commission to reach a proper adjustment and to give the people needed relief has been resisted by every means and every subterfuge that could be devised by corporate cunning. In the enforcement of the Railroad Commission law the Commissioners should be fortified with ample funds to meet every necessity. About seventeen States have reduced the passenger rates to 2 cents per mile per passenger and not one of them has given the railways enough land in value equal to all the railroads in such States. This Texas has done. During the last Regular and Called Session of the Legislature I recommended that the passenger rates in Texas be reduced by legislative enactment to a maximum of 2 cents per mile A bill having the object in

ew was introduced, and, of course, It was resisted by the railways and by every other agency that could be brought to their aid and assistance. This measure failed mainly as a result of the promise of the railways

The rate of two cents per mile is applied by the railroads wherever they are in competition with interurban lines charging two cents and the business appears to be satisfactory and profitable. Non-residents of Texas and those riding on inter-state tickets over the railroads of Texas are favored with accommodations at less than two cents per mile, and the rate of three cents charged locally is only maintained on account of the monopoly enjoyed by the railroads and because the Legislatures have not yet been pursuaded to accord to the people a just, fair and honest reduction of passenger rates. The increasing volume of business and every other consideration not only justifies but demands the reduction and such action on the part of this Legislature is respectfully recommended.

STATE PROHIBITION.

Twice the Democratic voters of Texas by a majority of the ballots cast have placed in the platforms of the party a demand for the submission of a constitutional amendment

to all the qualified voters of the State thirds of the convicts received at the for adoption or rejection, prohibiting penitentiary during the last four within the State of Texas the manu-years shows conclusively the effects facture, sale, gift, exchange and in- of the traffic, and this state of affairs tra-state shipment of spirituous, vin- of itself clearly proves that the presous and malt liquors and medicated ent laws are not adequate and that bitters capable of producing intoxi- further legislation is absolutely neccation, except for medical and sacra-essary to check this reign of crime in mental purposes. many communities where liquor is still permitted to be sold.

A law prohibiting the organization of "liquor clubs," and providing appropriate and effective penalties for violations or attempted evasions of its provisions.

I urged the submission of this question by the Thirty-first LegislaI therefore recommend the speedy ture without success, and the de-enactment of the following laws: mand was again submitted to the A law requiring all saloons and Democratic voters and by them in- other places where liquor is sold to corporated in the platform with such close not later than 7 p. m. and to an increased majority that Demo- remain closed until 6 2. m., and precrats heretofore resisting the sub-scribing appropriate and effective mission of the amendment have about penalties for its violation. all recognized the earnestness of the people in this matter and further obstacles in the way of their rights in this connection will hardly be of fered. This issue is now before the people and it should be settled promptly. The people have the right to demand legislative action upon any subject that concerns them or their government. They have made this demand and it should be respected. Now, assuming that the amendment will be submitted, I recommend that your Honorable Bodies submit it to the qualified voters of the State at an election to be held on the fourth Saturday in July, 1911. This is a date recognized by law as convenient to the people, a time when every voter can with probably the least inconvenience to himself or his affairs go to the polls and by his ballot give expression to his views upon the vital question and for these reasons I have suggested the above date for your consideration.

LIQUOR REGULATION.

A law prohibiting the sale of liquor within ten miles of any State educational institution supported in whole or in part by appropriations from general revenue should be enacted and enforced for the good of Texas, for the protection of our young men against the evil influences of the saloons, dens and dives surrounding our splendid State University and other educational institutions in Texas, and to remove these blighting influences from the pathway of the promising young manhood of our State who are now and who will hereafter seek the educational advantages offered by these State Institutions. The people of Texas want this law and legislators should no longer tolerate conditions under which the boys of Texas are sought and sacrificed upon such unholy altars. I urge you to respond to the voice of conscience and not to the influence of the liquor lebby in passing upon the question.

LAWS TO PROTECT THE BALLOT.

A strict regulation of the sale of liquor of all kinds and legislation minimizing as much as possible the evils traceable to and flowing out of the traffic should appeal to every good citizen. A large per cent of the A law with effective penalties proerritory of this State, probably more hibiting breweries, saloons and perthan three-fourths, prohibits the sale sons interested directly or indirectly of liquor under our local option in the liquor traffic in the State or laws, and probably more than three- outside the State from contributing fourths of the population of Texas money or anything of value to camreside in this local option territory. paign funds to influence the nominaAnd the fact that this remaining one-tion or election of any candidate for fourth of our territory, known as a public office or to influence the re"wet," and this remaining one-fourth sult of any election upon any measof the population in such "wet" ter- ure submitted to a vote of the qualiritory have furnished more than two-fied voters of the State.