The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-02-26
Court OF Texas.
AusrrN. February lis. 1s74.

AUSTIN, FeOruary 10, 1914.
w. P. De Normandie, having presented
to the court the evidence Of his right to
Sold the Office of clerk of the Supreme
Court, together with his application, sup
ported by the recommendation of respecta-
Bile attorneys, to be retained in the Office,
and having requested the decision of the
court thereon, it is deemed proper for the
court to make known its decision.
He was appointed on the sixth day of
December, 1869, by the Supreme Court
then acting in such capacity by military
authority. he was retained as said clerk
by the succeeding court appointed under
the Constitution, and by them re-appointed
on the eighth day of December, 1873, all
Of which appears upon the minutes of the
court.
Whatever view may be taken Of his first
appointment, the Office was vacant at the
time Of the latter appointment, and was so
recognized by himself and the court, and
the appointment was valid as to that court,
and he was, under the provisions of the
Constitution, the clerk Of that court during
the time It continued in existence.
The question is, does he by virtue of his
appointment continue 70 be theclerk of the
Supreme Court as now organlzed under the
el.ASAo1.cAAs' ~ eoc NoAseltustOn ldSSil
adoptedl
From such consideration as We have been
able 10 give the subject, the court is unanl-
mously Of the opinion that he is.
The amendments embrace three sections
two, three and four,) of the judicial de-
partment and leave standing in force the
fifth section, which relates to the clerk. 1t
provides that "the Supreme Court shall APP
point It's own clerk, who shall hold his Of
ice for four years, unless sooner removed by
the court for good cause entered Of record
On the minutes of the court. The said
clerk shall give bond in such manner as is
now or may be hereafter required by law. y
The appointment is the act Of che court,
the supreme Court, and Is not affected by
change IN the persons composing that court.
The amendments radically change the
constitution of the court IN the number Of
persons composing il. IN their tenure Of Of
Tee, and IL their organization, BY creating
in Il q new ONCE, that Of Chief Justice,
which rendered Il impracticable 20 engrRft
the new court upon the old one, or 70 com
bine IN harmonious coaicscence the old with
the new. Still, the tribunal established By
the amendments Is the one Supreme
Court provided for By the first section Of
the Judicial Department, which remains
unchanged.
He derived his appointment not from the
members Of the court, as individual officers
bnt from their official action, IS the Su-
prone Court. There is nothing IN the
mode of his appointment, his tenprc Of
Office. or his duties. Incompatible with his
being the CLERK Of the Supreme Court
as now clganized, ss well as az the supreme
Court g 6 existed when he received his ap-
pointmcnt.
The force Of tAis conclusion viii BE read
llg appreciated, IS il Us conceived. BY head
ing IN connection the frst tive sections Of
che Judicial department in the Constitu-
lloa g it.noR siands amended
JUDICIAL nErARTuENr.
= SECTION The io1icfnl rnwer of
this Stare shan - vested IA one Supreme
tp'1k % cisi7iel cpalt ana n sech info.
Iiof crnI,s and magistrates IS nav be
creats.i b. llis consl.nlion. 81 81 ne Leg
ler onl'e, is anltotilg l1 The