Message of Governor T.M. Campbell to the thirtieth legislature of Texas, to which is appended the State Democratic Platform adopted at Dallas, Texas, August 13, 1906. Page: 16 of 27
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certainty to the law's enforcement, expedite trials, furnish ample
protection to the innocent, discontinue the almost universal practice of
appealing everything and prevent so many reversals and new trials. It
is with confidence further suggested that these reforms if adopted would
result in reducing the number of our trial courts, clear the dockets
promptly and save the State and counties a large per cent of the tremendous
sums now expended in efforts to enforce our criminal laws.
As in criminal cases, probably more than half the civil suits tried and
appealed are 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 jury. Costs to litigants are increased, 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 cases is heavy and has attracted the attention of the people.
It seems to me that an effort should be made to give the relief
demanded and as tending in that direction I recommend to the Legislature
the enactment of laws authorizing verdicts to be returned in trial
of civil cases in the district court by the concurrence of nine members
thereof, and also requiring trial judges to prepare their instructions to
the 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
shall as now be read to the jury on the conclusion of the arguments
of counsel, or on conclusion of the evidence if no arguments
are to be made to the jury; and by law provide further, that
all special charges or additional instructions proposed or requested 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 noted by the judge before the jury retires, and that all
errors in the charge or with respect to the 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 trial or reversal unless fundamental. These reforms would
facilitate the business of the courts, meet the ends of justice and relieve
the higher courts of jnany appeals and save much unnecessary annoyance
and delay and lessen the expense to litigants and to the counties and
State.
CONFEDERATE WIVES AND WIDOWS' HOM.E.
A chivalric sentiment and a sense of duty long neglected prompts a
just and brave people to "recommend that the Legislature submit an
amendment to the State Constitution authorizing the erection and maintenance
of a home for indigent widows and wives of Confederate soldiers
and sailors." Love of exalted womanhood, devotion to the sublimest of
all human virtues, gratitude and State pride, all conspire to give this
golden opportunity to elevated manhood. Texas owes this debt to the
women of the Southern Confederacy and in its payment we will give
additional lustre to her honor and glory.
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Campbell, Thomas Mitchell. Message of Governor T.M. Campbell to the thirtieth legislature of Texas, to which is appended the State Democratic Platform adopted at Dallas, Texas, August 13, 1906., book, January 16, 1907; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5859/m1/16/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .