The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-03-08

Can an dppcdi BE- taken from the jndg-
men of a Magistrate 10 tic District Court
Courts are creations of the constitution
and possess alone such powers AS they are
invested with by t.-They constitute an in.
dependent and coordinate branch of gov.
ernment The Legislature can neither ex.
tend nor limit their jurisdiction. They derive
their whole authority to hear and determine
causes from the constitution. Their jutis.
dicton is conferred by that instrument.
Neither the Legislature nor parties litigant
can confer it.
Let us see then, what are the powers
a,l jurisdiction OF the District Court as de-
fined by the constitution.
Art iih, sec 10 OF tie constitution, de-
filming the jurisdiction and powers of Dis.
trict Courts, declares the District Court shall
have original jurisdiction in all suits in be.
half OF the State, &c. the said courts or
the Judges thereof shall have power to issue
all wfts necessary to enforce their own
jurisdiction and to give them general super.
intendcncc aud control over inferior usis.
dictions.'
In this section the District Court is not
directly invested with appellate jurisdiction
in any instance II is court OF purely
original jurisdiction, will, power to issue
writs to enforce the same aud to give them
general control over inferior tribunals.
Now from this latter clause can be inferred
that the trainers oil the constitution intended
to invcs, The District Court with appellate
jurisdiction from all inferior tribunals II
so, why in the section art. 4, sec. 10y or.
organizing inferior courts for the appoint.
men, Of guardians, granting letters tesla.
mentnry. &C., was appellate jurisdiction
given TO tho District Court in express tefms'
That section declares that the District
Courts have original and appellate jur'sdic'
ton and general control y over such inferior
tribunals II sec. 10 gave the District
Court appellate jurisdiction from all inferior
tribunals, why was it again given IN express
terms by sec. 18th. in reference to tbs par
ticular COURT Section I'D defining the
jurisdiction of the Saprcmc Court, declares
that i, shall have appellate jurisdiction only
Sec. 10th declares that the District Court
shall have original jurisdiction in the cases
mentioned in said section, and sec. 18th de.
clarcs in what cases il shall have appellate
Jurisdiction, viz in cases arising IN the Fro
bate Court, Mertio unius est esclnsio o'''
uium, The section giving the District Court
appellate jurisdiction III particular case
repels the idea that It is invested with It in
any other ease. Again, the latter clause
in see. 10Th. supposed by some to give the
District Dourt appellate jurisdiction does
not say that the District Court shall have n
general superintendent and control over
interior jurisdictions, the terms made use OF
sec. u, but makes use Of an expression
with mere limited meaning, that the Dis
trjct Court or the Judges thereof. shall have
power to issue wri,s 10 give them general
control over such inferior tribunals.
Nv sec. 18th the District Court is directly
invested with appellate jurisdiction and with
the general control Of the court OF probate.
Bv sec. 10th the District Court or the
Judyes Thereof. are authorized To issue wri's
for certain purposes Now are these terms
used without any fixed and definite meaning
are the terms. the Judges thereof synon.
ymousl ir they are not, then If an appeal Is
,,,iyeu from u Magistrates Court to u Dis.
tf1et Court Nv tue stttct Nsh"se W ~ AZ
An appeal may also be taken to Judge N
chambers. 4 Judge Of the District Court
NAV issue writ Of mandamus. an injonc.
ton. or remedial writ. 4 judge out 81
court, then by his claim Of sec. 10Th y yes.
ted viii. as much power A. the District
Court, or as = Judge y~ssk'ins in Court
hence il follows that II this stresi"a gives ~
appeal to the Distriet Coar. II slso gives ~
appeal to Ii. Judge in ehamhsr.,a eons.rse
ton. il is believed NO ore =, ND b. willing
n mt upon this section. When tho Dis
triet Court il invested with aPpsllass jusia
t;c,;ou from and general control over shs
Probate Court, he D,srsicr CorHr u
named il hmc verba and not ~ D'ssric
Cosrs Or Judges thsrof. Would \ 10. b
sbssra 10 suppose that Il wss intended !.
rive Tie Judges Of the Dissriet Court appel
late iuris.iiction with power 70 hear and de
,s,m;ns appeals, yet il the District Coav
possess ssch power By sc. lob, the Dr.
uic. Jsdses poss<ss the ssme,