Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-05-05

lAtNAA-
eral, clerk OF any court Of record sheri!'
orcollcctor, or any person holding luora-
tive Office under the United states or this
State, or any foreign government shNll oe
eligible to the Legislature, nor shall at the
same time hold or exercise any TWO olhces,
agencies or appointments OF trust or prom
under this State; provided, that olhcers ol
the militia towhich there Is attached no an-
nual salary, the Office Of notary public ana
the Office of Justice of the peace, shall not
bo deemed lucrative; and that one person
may hold two or more county Offices, II so
provided by the Legislature.
SEC 20. No person who at any time may
have been q collector Of taxes or who may
have been otherwise entrusted with public
money, shall be eligible to the Legislature
or to any Office of profit or trust under the
State Government, until he shall have OBJ
tained discharge for the amount Of such
collections, and for all public money with
which he may have been entrusted.
SEC. &c. Ministers of the gospel being
by their profession dedicated to God and
the care Of souls, ought not to be diverted
from the great duties Of their functions ;
therefore, no minister of the gospel or
priest of any denomination whatever shall
be eligible to the Legislature.
SEC. 81. Elections for senators and rep
resentatives shall be general throughout
the State and shall be regulated by law.
SEC. %. The Legislature shall cause an
enumeration to be made every, ten years,
commencing on the 9th day of February,
A. d. 1875, of all the inhabitants, Gnclud-
ing Indians taxed) of the State, designat-
ing particularly the number of qualified
electors, and the age, sex and color oil all
others, therein following the classification
of the United States census,) and the whole
number of representatives shall, ut the
several periods of making such enumera-
ton, be fixed by the Legislature and ap-
portioned among the several counties, cit
les or towns according to the number OF
white population in each, and shall not be
less than forty-five, nor more than ninety;
provided, that there shall be an enumera-
tion and an apportionment made in the
year 1870, in the manner herein indicated,
SEC. 90. Until changed by law, the act
Of apportionment passed the 9th day of
February, A. D. 1860, by the Legislature OF
; this State, shall remain in force.
SEC. 80. The whole number Of senator's
shall at the next session after the several
periods of making the enumeration, be
fixed by the Legislature, and apportioncd
among the several districts to be estab-
lished by law according to the number of
qualified electors, and shall never be less
than nineteen or more than thirty three.
Sec. 81 The members of the Legislature
shall at their first session hereafter, receive
from the Treasury of the State, as their
compensation, eight dollars for each day
they shall be in attendance, and eight dol
lars for every twenty-five miles in travel
ing to and from the seat of government
The above rates of compensation shall re-
main till changed by law.
Sec. so. The Legislature shall proceed as
early as practicable to elect Senators to
represent this State in the Senate of the
United States, and also provide for the
election of Representatives to the Congress
of the United States.
Sec. 33. The City of Austin is hereby
declared to be the seat Of government OF
this State until removed by an election Of
the people; and the title to the tract of land
surveyed by virtue of the headlight certif-
cate of Samuel Goucher, for one-third of a
league which was selected and condemned
to the use of the Republic of Texas under
an act of the Republic of Texas entitled
'an Act for the permanent location of the
seat of government" approved the 14th
day of January, A. D. 1880, and be and the
same is hereby confirmed, any irregularity
or failure to make proper parties or other
defects in the proceedings had under said
act to the contrary Notwithstanding pro-
yided, nevertheless, that the lawful owner
of said land, his heirs, assigns or legal
representatives, may at any time within
one year from the adoption of this Consti-
tuition, institute proceedings and have COM
pensation as provided by act of the Legisla-
ture of the State of Texas, entitled ian act
for ouieting the title to real estate in the
City of AUSTIN" approved 18th of Decem-
ber, 1857.
| ARTICLE IV.-JUDICIAL DEPARTMENT.
SECTION l. The Judicial power of this
State shall be vested in one Supreme Court,
in District Courts, in County Courts, and
in such Corporation Courts and other in
ferior Courts or tribunals as the Legisla-
ture may from time to time ordain and es-
tablish. The Legislature may establish
Criminal Courts in the principal cities
within the State, with such criminal iuris-
diction, co-extensive with the limits of the
county wherein such city may bo situated,
and under such regulations as may be pre-
scribed by law; and the Judge thereof may
preside over the Courts of one or more
cities, as the Legislature may direct.
SEC. 2. The Supreme Court shall consis
of five Justices, any three of whom shall
constitute o quorum. They shall be elected
bv the qualified voters of the State at q
general election for State or County Off
GERS, and they shall elect from heir own
number a presiding officer, to be styled the
Chief Justice they shall have arrived at
the age of thirty-five years ot the time OF
election; shall hold their offices for the
term of ten years, and each of them shall
receive an annual salary of at least four
thounsand five hundred dollars, which shall
not be increased or diminished during his
term of Office.
SEC. 8. The Supreme Court shall have
appellate jurisdiction only, which shall be
co-extensive with the limits of the State
but in criminal cases, below the grade ol
felony, and in appeals from interlocutory
judgments, with such exceptions and under
such regulations as the Legislature shall
make. The Supreme Court, and the Judges
thereof. shall have power to issue the writ
of haBeas corpus and under such regula-
tions as may be prescribed by law, the said
Court and the Judges thereof, may Issue
the writ of mdndamUs and such other writs
as may be necessary to enforce its Owl
jurisdiction. The Supreme Court shall alsC
have power. upon afidavits or otherwise, a:
by the Court may be thought proper, tC
ascertain such matters Of fact as may bs
necessary TO the proper exercise Of 1t:
jurisdiction. The Supreme Court shall sit
for the transaction Of business, from the
FIRST Monday Of Octo' er until the last Sat
urday OF June Of every year, at the Capitol
and at not more than two other places in
the State.
SEC. 4. The Supreme Court shall appoint
its own Clerks, who shall give bond in suel
manner as is now, or may hereafter be re