The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-02-11

concurripg, may render verdict, but when
the verdict shall be rendered by less than the
whole number, it shall be signed by every
member Of the jury concurring in il; when,
pending the trial of any cas-, one or more
Jurors, no! exceeding three, may die or be
disabled from sitting, toe remainder of the
jury snail have power to render the verdict;
provided, tina. the legislature may change or
modify tho ruls authorizing less than the
whola number of the jury to render verdict;
provided further, that ia all other courts, the
Jury may consist Of such number of men as
may ba prescribed by law.
Section 90. In the trial of MI causes
in the district court the plain
tf or defendant, shall, upon application
made in open court, have the right Of trial
by jury, bu. no jury shall be empanneled in
any civil case unless demanded bya party
to the case, and a jury fee be paid by the
party demanding o jury, in saeh sum and
with such exceptions as may be prescribed
By tho Legislature.
SCHEDULE ACCOMPANYING THE FOREGOING
AMENDMENT.
Section rs. That no inconvenience may
result from the adoption of the foregoing ar
ticle, at A time when the Legislature IS not in
session, il is in this section provided
First-Thst the inferior courts and tribu-
mails, as they now exist, shall continue with
the same power and jurisdiction until oth-
er6ise provided by law.
Second--The criminal distric, court of
Galveston and Harris counties SD ii continue
with the powers, Jurisdiction ana Procedure
now provided, until otherwise pro,ided by
law.
Thlrd--Thst all district and county Off
GERS shall continue 10 perform their duties
until otherwise provided by law.
Fourth-All cases pending in the court of
appeals, and ell cases in which an appeal has
been perfected thereto, at The time of the
adoption OF the foregoing article, shall
thereby BIO transferred to the supreme court,
md the supreme court shall proceed with
the disposition of such eases in like manner
ss in cases b ought by appeal to said su.
premo court; provided, the supreme court
shall in oil cases by them decided, whether
the Same be now poRding in the supreme
court or in tho court Of appeals, or DO here
after appealed, indicate tho opinion Of said
court, TO be reported until otherwise provided
by law.
BE il further resolved; That the governor
be, and he is hereby required to Issue bis
proclamation, directing an election to bo
held throughout the etate, on the first Tues
day in July, A D 1891, for the purpose Of
submitting the foregoing amendments TO the
qualified voters of The state, and to cause 10
DO published, once u week for four weeks, at
least three months prior TO said election, the
above proposed amendments, in one weekly
newspaper Of each county in the state, in
which newspaper may be published; and
he ehal direct said election 10 DO held in ac-
corlanca with tho law regulating general
elections. Upon receipt of tho proclamation
| Of the governor, the county iudpo shall pro
coed to issue his writs Of election, appointing
jUdgo3 Of election, in accordance with the
election law. Those des riDg to vote for the
Amendment, shall have written or printed
upon their tickat5 For amendment to
ar.lcla five (5)" Those desiring 10 vote
against the amendment, shall have written or
printed upon their tickets, "Against amend.
ment to article five (5)" Immediately after
the election, the officers Of each precinct
shall forward to the county judge Of their
county, a duplicate return showing tho mum.
Der Of votes cast for or against tho amend.
ment; and on the tenth day thereafter The
! cuuSly Judge sh'U open and count said re-
turns and forthwith forward to tho secretary
Of state in sealed package, tabulated
statement thereof, showing tho total
numbsr Of votes cast in the county,
for or against the amendment ;
ana on the fortieth day after ssid
election the secretary of state shall in tho
presence Of the governor and attorney gen.
eral, open ard count ssid returns, and if it
shall sppear from tbs roturCs that msjority
OF tho votes were cast for said amendment, II
shall DO the duty of tho governor
on the following day, to issue his
proclamation, solting forth tho cact that said
amendment has received majority of tho
votes east at said election, and shall pro-
clsim that said amendment has become and
is Q pMt OF the state constitution, and this
amendmodt shall take eject tc0m and after
said proclamation. HrusToS,
Chairman Com. on Constr Amend'ts.