The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1873-12-19
rus IDrcfuoS AsD TlsuRE oF
OpHICI. ,.


THE gEhECfgSN And TENURE Z"
ORfICt.
Althppah We have made tbs snlJprl
no piumin Tmr iiraAI.p that doupl
aeemed imposslbIe, yctwe QIe ~ y.
publish the following oplllloll o. tnt
Hon. James II. Bell, q Republicans, ana
formerly one Of the Supreme Judges OF
Texas. lie only cnlargca more h'lly
tho points we have heretofore niuuF'
From his able review Of ihc case, u y
manifest that all old olilCerswhc rmre
10 turn their offices Sserto-shenewN
elected, will BIO liable on their bonds lol
for both fees and damages We hold
that not one Of them Is u legal Officers
one day after demand made by lheNsw
officer who has received his ceiiilciue
Of election, taken the oath and given
bond.-~P ayilep paying l9Ses ~ lle old
officers amer tlihaa. acts, MIL be'habl'
TO pay again. We have no feeling In
the matter but wish 10 avoid all com'
plicatIons, and have harmony
Here follows the unanswerubieo pinF
Ion OF Judge Bell, which s1r.s VITA
that given In writiAg, September l}tlh
1872, by George +. Moore, Richard
Coke, Thomas J. Deyme, Chorles,S'
West and william, NJ Nation q con-
miitce appointed bg. the Cceslcahal
Democratic State Convention two
mqNhsbefpFe, Thsycwellly Exams
ined tie question In all It's hearings
hve~dehs B9iofe dccidingr who 'ar6'
these melt2io SiaorgqlE. ENeore. lIndi
Richard Coke, formerly Judges Of the
Supreme Court Of Texas; Thomos j.
Deyine, for twenty years District
Judge; William NJ. Walton, n former
Attorney General Of the State and
Charles s. West, one Of the abiest law.
yers In the State:
Houston" December ID, 1878. D.
james II, Baker, Esq.
Dear Sir--Yoiir ilote Of tlfis datp, rVl
quesiIng me TO give you my opllliop "a
d lawyer as to the duration OfsihG,
tennis Of ti,lsc,pv%.lhpldn State and
countXalllees in. TeNarIard also as ia
thu. yalidityOf the late Gtettlon'ib rms
State, has Just been received. -
certainly haAe me- dcsife, toi pafndei
, and wSnlT Tdinerflyr. dtSTIn'e topaz
ticipateina Ns,sspapsudldplsslopo Of il
legal question; hut 'iiithe ptesent u;
stance, tbs fgpt SDalIi.sli Sb IeA
sou snltyllAaAc sfsiessi6n of5nSsSt&t
lon, III Your capacity ash pnbNc1joms
nalist, coupled With the fact that the
quet1iuas 1ftpJ0udatl ate 0fgteal pub;
lic.copeeri and IRE undergoing more,
oE,. less dlscussions htnJhysy Di@gas,
generally, inclines me to e6mply with
your request.NTTT TWA' rFN1
have feadwahr~opinioifhlthc Mefs
opihlon Of Mr. Mr. Alexa,aet "u ti,s si IsIttof.l
I. liey, general, sand do not concur in
: the views expressed either BY the At
torney General oryohlselr. "
The election declaration passed by
the convention whicha framed the
present Constitution was MT. it is
trle, apqt ofthe consultation proper,
hecaqs@the cdhstitltionsvas mteiaieil
to- b6lther Organize law fol- the f0tIre,
while the-election declaration was in
tended to serve particular purposes,
and was In Its nature temporary. But
the election declaration was, neverthcs
lessSa' qSpstitdtive aebwhelly different
from the nunierous4 legislative acts
paused by tue same oolsention.A Aud
4 believe the historical and legal facts
70 be, that the election declaration and
the declaration creating and defining
the four Congressional districts of the
State, We're treated ~ tho convention
itself, and by the civil and military
authorities of the United States, AS
to ~ IL 'h'spTs ata ssss.s
ventlon, and that, US such, they were
submitted, with the constitution prop
or, to the peQpE. fns ,ra.itlsatiop .or re-
lection, and that they We're ratified
by the people ut the, election held on
a Soy 81 iss&s and on December b :
a The election held in November and
December, 1860, was not held under the
Constitution prQpers slecnuse that in
strpment had not then acquired or re-
eeived any authority or sanction as a
Constitution ofgoyernment. The elec
ytidnf6f NsivelnberB0, and Deaanber a
2 enLA MN htid undsRythpI lhgq,S
stiyf WI al If Spflt uIhItqd SsaA Ana
uialhtsdh es1tse dee aait isdfs sIhhstd fA |
'rfre constitution coiiydntion OF feXas,
the one creating and defining the four
Congressional districts of the State, and
l IN sieAa taess ssNyti0n des An
l have said above that these two dee
larations were treated by the conven-
tiQpjAsjfiYAyq lAs civil lhni Am ilitaty
authorities q the United States. M
CONSTITUTION acts, or acts of the Consti.
s Ssss ssSsB' Ga s!'es &
The proof o. this IS:
:. First, That they were signed by the
President aud Secretars~of the Con
ventioif, and by all thu members Who
signed.
SasSlals On neutrality-suspicious. F,el
rual%, 1870 GencralReynol,ls Addressed
q ferrer co thetAdjutailt Genesstf OF the
United ata& arAM IL Washington, hn
which he states that he had on that
das transmitHstto the.uenerakn Chief
of the army certain documents; he saws
"thtfe afe three packagesad resset,i. ~. |
tlvx.1ns t,,k, "A. A., i, N,