The Southwestern Historical Quarterly, Volume 48, July 1944 - April, 1945 Page: 468
617 p. : ill., maps, ports. ; 24 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Southwestern Historical Quarterly
under and by virtue of the Constitution and laws of the State of Texas,
but merely by military appointment. And while I am as far as anyone
from desiring to bring in question the validity of its acts in adjudicating
the cases which were disposed of by it, or from detracting from the
respect properly due to its opinions, by reason of the ability and
learning of the eminent gentlemen who constituted the Court, and
who were no doubt selected on this account to discharge the important
duties intrusted to them by the General under whose direct control all the
functions of government with us were then conducted, - nevertheless,
I cannot regard the opinions of this tribunal as authoritative exposition
of the law involved in the cases upon which it was called upon to pass,
but merely as conclusive and binding determinations of the particular
case in which such opinion was expressed.
To this day, no court in Texas accepts as authoritative
precedents the opinions of the Semicolon Court, even on questions
far removed from the political atmosphere of that time; and
few practitioners of the law in Texas are willing to rest their
cases upon such authority, even though it be in accord with
well established legal principles, lest the citation of cases from
that court be prejudicial to the rights of their clients. Such
is the unenviable place in judicial history which this court
made for itself.468
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 48, July 1944 - April, 1945, periodical, 1945; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth146055/m1/536/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.