The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-10-07
The Judiciary system.

in appellate courts, In district courts, IN po'
lico courts in commissioner courts, in
courts of justices OF the peace and in such
other coUr as may be established by law,
and such criminal district courts as are now
or that may hereafter be established by law.
Sac. Q. The supreme court shall consist
of a chief Justice and two associates, any two
of whom shall constitute quorum. The
concurrence of two of said judges shall b.
necessary to the decision of II case. No per-
son shall be eligible to the Office of chief
Justice or associate justices of the supreme
court unless ho be NJ the time of his election
citizen Of the United States and of this
state, aud shall have attained the age eff
thirty years, and shall have been practicing
lawyer or Judge Of court of record
in this state, or such lawyer
and Judge together at least seven
years. The chief justice and associate
Justice. shall be elected by the !egis
lature, the first election to be had at
the next regular session of the legislature af-
tor this amendment becomes part of the CON
stitution, ard thereafter every ten years, aud
majority of both houses shall DO necessary
TO elect AT least liys d IS prior to such
election the governor shall submit TO tho
legislature the names OF nine persons eligible
to the offices Of chief justice and associate
justice, and from the persons whose names are
SO submitted the legislature shall elect the chief
justice and associate justice, who shall hold
their offices for ten years, and shall not be-
eligible IT, any other Office during the time
for which they were elected, and shall each
receive an annual salary of three thousand
six hundred dollars In case OF a vacancy in
the Office of chief Justice or associate Justice,
the governor shall I'll the vacancy until the
legislature shall at regular ses
sion OH said vacancy by election as
in tho first in-tance, which shall be-
for the unexpired term only; in such cases
the governor shall submit to the Legislature
the names of those persons eligible to the of,
flee for each vacancy, and from these the
legislature shall elect
Sec. 3.-Tho supreme court shall have ap-
pellate jurisdiction only, which shall be CO.
extensive with tho limits of the state; but
shall extend only to questions of law, both in
civil and criminal casoS, brought before said
court from some one of the appellate courts,
asprovided for by law. The supreme court
and the judges thereof shall have power to
issue all writs necessary to enforce the juris-
diction of tho said court. The supreme court
shall convene t the scat OF government on
the first Monday in October, of each year,
and then sit for the transaction of business
until the last Saturday in January following.
Sec. 4,-Fhe supreme court shall appoint
clerk, who shall take the oath of office and
give bond in such manner MS is now or
may hereafter be required by law, who shall
hold his Office Tor five years, and shall DO sub
ject to removal by said court for good cause
entered upon the minutes OF the same.
Bee, d - hu state shall DO divided into
five judicial circuits. the number of which
may bo increased or diminished by the legis-
lature; that in each OF said circuits there
shall be an appellate court, consisting Of
three Judges, any two o. whom shall consti
tute Il uuurum, and the concurrence of two
of sid judges shall be necessary in the de-
csion OF case. No person shall be eligible
to the Office of judge of said appellate courts,
unless no be MT the time Of his election cit
i2en Of tho United States and Of this state.
and shall U3 qG.ui.l yl.ar ia the Circuit
for which no Is elected, and shall have at
tanned the age of thirty years, and shall have
been pp2tlcing lawyer ora Judge q a
co irt " record m this state, or such lawyer
and Judge together for seven years.
The judges OF each f s0id appellate courts
shall DO elect d by tho Legislature in the
same manner "a the election of chief Justice
and associate justices Of the supreme court,
save and except FIVE days before said election
the supreme court shall submit to the legis-
lature tho names of nine persons eligible TO
the office from each of said circuits, and from
the persons whose names are so submitted
the Legislature shall elect, and tho persons so
elected shall hold the Office for ten years, and
and shall not be eligible to any other office
during the time for which they were elected
and each of said judges shall receive an an
nual salary of So, 50C, and in case of vacancy
in either of said appellate courts the same
shall be filed by the governor until the next
regular session of the Legislature, when the
vacancy shall be filed by election rs in the
first instance, for the unexpirod term only; in
such cases the supreme court shall submit to
the Legislature the names of three persons
eligible to the office for each vacancy, and
from these the legislature shall elect.
Sec, 6.-Esch of said appellate courts shall
have appellate jurisdiction only, which shall
be co extensive with tho limits Of their re-
spective circuits of all civil and criminal case
of which the district courts, aud of all crimi.
nal cases of which the criminal district courts
have original jurisdiction. The said appel
late courts and the judges thereof shall
have power to issue the writ of hsbeas cor
pus, and under such regulation as may be
prescribed by law, Issue such other writs rs
may DO necessary to enforce their own juris
diction. Said courts shall have power upon
atlidavits or otherwise, MS by the court may
be thought proper, to ascertain such matters
OF fact w may DO necessary 10 the exercise
of their Jurisdiction. Tho said courts shall
each sit for the transaction of business from
the first Monday in October in each year I'M
til the last Saturday in June following, Ut
each place in their respective circuits, ms
shall be designated by law.
Sec. Each of said appellate courts shall
appoint one clerk, who shall take the oath
of office and give bond in the manner now,
or hereafter required by law, and shall hold
their office for FIVE years, and shall be-
subject to removal by the court for good
cause, entered Of record on tho minutes OF
the same.
See. S,-As soon MS the said appellate courts
are organized, the transcript of all cases aero
tofore appealed to the supreme court and
court of appeals, and which nave not been
decided shall be transferred to the ap-
pellate court, have jurisdiction over the
courts from which tho appeal was taken,
and the said appellate courts shall have full
power to hear and decide such cases.
Sec. 0--The decisions of the appellate
courts shall be final, and no appeal takcr
there!rom to the supreme court in case Of
misdemeauors, and in all civil cases whur'
the amount In controversy is Sl,00C