The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-08-21
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Election OF Justices OF tIae Peace.


William Alexander, by the grace Of
Governor e. j. Davis, Attorney General Of
the State Of Texas, has seen fit to give an
opinion upon Che subject of the election Of
Justices Of the peace so repugnant to every
principle Of law and common sense, and the
effect Of which, If followed by the action Of
the civil authorities in holding thc election,
will be so pernicious, and lead to snch disas-
trous results, that, to take the advice Of the
Galveston Ncrs-sdy nothing upon tic su5ject,
receive the opinion Of William Alexander
as authority, final and conclusiye--w6uld be
10 compromise the rights and interests Of
the people, and to throw the whole financial
interests of the State into confusion; create
litigation between contending candidates,
the one perhaps receiving the highest num-
Der Of votes in the precinct, and the other
perhaps the majority over him in the county
at large parties litigant pleading to the
jurisdiction and authority Of a Justice upon
the ground that some other candidate had re-
cciyed majority Of votes over him in his
precinct
In fact, there would be no calculating
The OWLS that would result, If the opinion Of
William Alexander is 70 be taken as the law
Of the land, and the Constitution and the
statutes passed il pursuance Of It, are 70 be
abrogated and held for naught. But let as
see what the Constitution and the statute
laws say upon the matter:
Section 10, Art. 5. Of the Constitution
reads IS follows: There shall be elected
in each county By the qualified voters there
Of, a. may be dIfeeled by lar, i've justices of
the peace; one Of whom shah reside aft0r
bis election At the county seat. and not
more than one of said justices shall Be a
resident of the same justices precinct. etc
Now Il may be admitted, as Mr. William
Alexander contends, that the word there
Of, as used 10 this article, applies to all the
qualified voters 81 The county. bat Il docs
not follow that ~ the qualified voters 81
the county ere to vote for each Of the I've
justices. u il had been 20 intended 81 the
convention, the wording Of the Constitn-
ton would, without doubt have expressed
that intention ii plain lauQunrc that cohId
not be misunderstood.
The words shg the eounlifed voters there
81, Is restriction upon the powers 81 thc
Legislature, IS u the class 81 persons who
arc By law - Be- permitted 10 vote for jus
tees Of the peace, to-Wii: qualified 70
ters. and the words following. 'as nay
be directed b laW, clearly indicate that
the particular manner Of the election Wo1
Iclt ~ the Legislature, the only restgiciian
upon It's powers being, that there should IIe
be- Eve justices ~ county. Thar al the
time ~ fllcir election no more than one
ahouid reside - fIc same precinct That
one 81 them sion'd reside after bis election
q. tic county and lsat none but 'an1l-
lied r0tfr 1hclIo Fole for them aE tie
tea arc left n lte I.erir|nture nrd tie
11feI lg IIIe above quoted article ~ fiIe
Con tulfDn. rtidcd .'II1t fsfc tl.s|I 81
fIeciol b. ie 4iIeI -, eIec.crs 81 east 81.
tees rreciret 81 l''e several r1nnfirs - fI'i5
el.le q tie nexI ~ e|f|on IN