Page:Harvard Law Review Volume 32.djvu/480

444 444 HARVARD LAW REVIEW out of the national revenue, because of the value to the county of systematic independent criticism. (2) Under the budget system, proposals for the ex- penditure of money can come only from the Administration; River and Harbor Bills are impossible. (3) When higher customs duties are proposed, no op- portunity is given to importers to remove goods from bond before the taxes are enacted; the higher rate is levied at once, and if the proposed increase does not become law the excess is repaid to the importers. (4) The Postmaster- general, although a business rather than a political official, is necessarily a member of Parhament, because "persistent questions in Parliament are one of the best means of bringing about reforms in a department which, by the plain if he abandons pneumatic tubes because they do not pay, and then in- stitutes an aerial mail service. (5) Each University in the United Kingdom is now represented in Parliament, and a college graduate can vote for a Uni- versity member as weU as for his local member. This use of an occupational as well as a geographical basis for representation is capable of wide extension. Trades-unions, bar associations, medical societies, railroad presidents, might each choose members of Congress. (6) Certain sinecure offices exist in the Cabinet, to which it is usual to appoint men whose advice is desired but who do not wish to undertake definite departmental work. We need an office like the Chancellor of the Duchy of Lancaster for Colonel House. Zechariah Chafee, Jr. Discussion of Proposed Amendment of Judiciary Articles of Con- stitution OF Texas. Printed under direction of a resolution of the Texas State Bar Association. 19 18. pp. 151. The judicial organization of Texas, like that of many of our states, is very complicated. It includes the Supreme Court, Courts of Civil Appeals, Court of Criminal Appeals, District Courts, County Courts, Juvenile Courts, Crim- inal District Courts, Commissioners' Courts and Justices' Courts. The machine is cumbersome; and it is not strange that it takes years to carry a case through to a final decision. The Supreme Court of Texas is now several years — four or five years — behind in its decisions. Certainly if justice is not denied, it is long delayed. For several years the question of reorganizing the courts of Texas has been agitated in that state. The re- ports of the State Bar Association are full of excellent suggestions, which have never been adopted. A thoroughgoing scheme of reorganization was presented at the meeting of the State Bar Association in July, 19 18. The recently published "Discussion of Proposed Amendment of Judiciary Articles of Constitution of Texas" is a practical contribution to the subject of judi- cial reorganization. In each state the problem is of course somewhat dif- ferent in its details, but in its essence it is the same all over the country. The solution lies in the direction of simplicity and of flexibility of organiza- tion; and the proposed amendment in Texas seems well adapted to reaching this solution. There is always a difficulty in effecting a thoroughgoing reorganization. One difficulty is sometimes found in the vested interest of the existing incum- bents of the judicial office. Any difficulty of this sort seems to be met in the proposed plan in Texas by taking care of the present judges and by increas- ing the emoluments and the dignity of the judicial office. It is sometimes thought by the man in the street that the lawyers also have a vested interest in retaining an organization and method which result in large business for the lawyers. In truth, as is suggested in the "Discussion," "the rightful compensation of lawyers is enormously decreased, their labors increased, and '< the scope of their useful activities limited by the intolerable expense, com-
 * very nature of its business, tends towards routine." Over there he must ex-