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Constitutional Amendments.
NO. I.

At the request of Judge Roberts the Texas Law Journal, in its issue of November 20th, 1878, publishes the Joint Resolution proposing an amendment to the constitution, submitted to the legislature at its last session. No action was taken on the joint resolution as the constitution had just been adopted by an overwhelming vote, and while the defects in the Judiciary article were generally acknowledged, it was deemed inexpedient to change it until it had been fully tested by actual experience.

The views then almost unanimously entertained as to the defects of the judiciary system, have been confirmed by its actual workings. While the expense to citizens and to the State has been largely increased, the delays in judicial proceedings have increased in greater proportions. Grave constitutional questions as to the jurisdiction of the various courts have arisen, which will for years embarrass their administration. A large jurisdiction in civil cases was conferred upon the County Courts, over which judges generally presided who were unlearned in the law, and who were utterly incompetent for the decision of the grave questions presented in the numerous and important cases pending before them.

By the limitations imposed upon the right of appeal from the decisions of Justices of the Peace, whose jurisdiction extends to cases where the amount in controversy may be two hundred dollars, parties deprived of their rights by the whim, caprice, or ignorance of the justice, have practically no remedy.

In fact, the present judiciary system is a miserable abortion, condemned everywhere by the judges, lawyers and the people.

The amendment proposed by the Joint-Resolution is carefully drawn, (by Judge Roberts we believe) and removes all of the objections to the present system. It ought to be adopted within the first ten days of the session, so that it can be ratified at the polls in time to allow the next legislature to make the corresponding change in the statutes required by the new constitutional provisions. We propose in future numbers to point out the new features presented by the amendment, so as to enable our readers to understand what we believe to be its merits, and to act intelligently when the question of its ratification is submitted at the ballot box. No question of equal importance has been submitted to the people for their decision. The present judiciary system is an incubus upon the prosperity of our State, defeating alike the administration of civil and criminal laws. The last legislature ought to have freed us from it. The legislature which meets in January can not hesitate about taking prompt action in reference to it.