The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-06-16


JOINT Reso!ItioH proposing an amendment %
SECTIONS 2, 3, 5, 6, s and II, Article v, Of ne
Constitution Of the STATE Of Teras
SECTION I. BE u Resol0ed by Tie Legislature
OF ne STATE Of Terds That sections =, 3, 5, g.
and IL, article 5, OF the Constitution of the State
OF Texas, shall be so amended as to read a. fol-
lows;
ARTICLE v.-JUDIcIARY
SEC. >. The supreme court shall consist of a
chief justice and six associate Justices four of
whom shall constitute quorum OF the whole
quorum being present, they may organize
two divisions, each to consist oi three iudgea
the chief justice to cooperate with either sec.
ton Two judges of a division shall constitute
a quorum. One Of the members in either d.
vision dissenting may refer any question in
case or the whole cause, to all the members of the
court, when a decision shall be made by
majority of quorum Of the whole that may be
present. No Justice shall be permanently as
signed TO any division, but the Justices may al
ternate under such rules as the court may pre-
scribe. The judges of the supreme court in Of
fee at the time OF the adoption of this article,
and four judges to be appointed b. the gov.
ernor, shall compose the supreme culrt, until
the next general election; and the chief Justice
Of the present supreme court shall be chief
justice Of the supreme court created by this
article. until the next general election, at which
election there shall be elected seven justices,
whose term of Office shall be six years, and who
shall select n chief justice from among their
number, who shall hold his Office for two years,
or until otherwise ordered by the court. The
justices of the supreme court shall be elected
by the qualified voters of the state at a general
election for state or county officers. They each
shall be a qualified voter, and shall have arrived
at the age OF thirty years, and shall have been
a practicing lawyer or a judge Of a district
court in this state, or snch judge and lawyer
together, at least seven years at the time OF
their election. They shall hold their Office for
the term of six years, and each of them shall
receive ian annual salary of not less than
three thousand six hundred dollars, which shall
not be increased or diminished during his term
of office. In case OF a vacancy In the office OF
chief justice or associate justice of the SUI
preme court, the governor shall Ill the vacancy
by appointment until a successor be elected at
the next general election for state or county
officers, and the justices so elected shall hold
such offices for the unexpired term.
SEC. 3. The supreme court shall have APP
flied, which shall be co-extensiye with the lin
its of the State. Its appellate Jurisdiction
shall extend to all civil cases of which the
district or county court has original or appel
late Jurisdiction. and of such other cases as
may be prescribed by law; but in appeals from
interlOcutory judgments, with such exceptions
and under such regulations as the Legislature
may prescribe. The supreme court and the
Justices thereof shall have power to Issue the
writ of hdbeds corpus, as may be prescribed by
law, and under such regulations as may be pre-
scribed by law the said court and the justices
thereof may issue the writs OF mdnddmus, pro
cedendO certi0rdri, and such other writs az may
be necessary 10 enforce its jurisdiction. The
legislature may confer original Jurisdiction on
the supreme court to issue writs of quo agdr-
TdntO and ndaddDlaS in classes of cases speci-
fed by it. except as against the governor of the
state. The supreme court shall also have
power, upon afiidavits or otherwise, AZ by the
court may be thought proper, to ascertain such
matters lof fact as may be necessary to the
proper exercise of its Jurisdiction. The gu
preme court shall sit for the Transaction of bus
mess from the first Monday IN October In each
year until the last Saturday in June of the next
year, at the capital and two other places, or at
the capital only, if the legislature shall here
after so provide.
SEC. 5. The court of appeals shall consist of
three judges, amy two Of whom shall constitute a
quorum, and the concurrence Of two judges
shall be necessary to a decision of said court.
They shall be elected by the qualified voters of
be qualifedvoter, und shall have arrived at the
age Of thirty years, and shall have been a prac-
ticing lawyer or judge of district court in this
state, or such lawyer and Judge. together, at
least seven years at theatiiH6 ~ their election
They shall hold their ofier- fic the term of six
years, and each Of them shplL receive an annual
salary of not less than three tIousgns six hun.
dred dollars, which shall not be inri q or d.
minished during his term of Office case of
a vacancy in the office of judge OF Ia court of
appeals, the governor shall fill tb cancy by
appointment until a successor be CiOctsd at the
next general election, and the judge { judges
SO elected shall hold office for the unexpired
term.
SEC. 6. The court of appeals shall have ap-
pellate jurisdiction co-extensive with tho lin
its of the state in all criminal cases OF whatever
grade The court Of appeals and the judges
5edS corpus, and under such regulation ms may be
prescr bed by law, issue such writs as may be
necessary to enforce its own jurisdiction. The
court OF appeals shall have power, upon affida-
wits or otherwise as by the court may be
thought proper, TO ascertain such matters of
fact as may be necessary TO the exercise OF it's
Jurisdiction. The court of appeals shall sit for
the transaction Of business from the first Mon
day in October of each year until the last Sat
urday in June Of the next year, at the capital,
and at two other places, or al the capital only
If the legislature shall hereafter so provide
SEC. 8. The district court shall have origi-
nal jurisdiction in all criminal cases of the
grade OF felony; of all suits in behalf of the
State to recover penalties, forfeitures and es-
cheats; of all cases of divorce; of all INSIDE
meanors involving official misconduct; of all
suits to recover damages for SANDER or defama-
ton of character of all suits for trial of title 10
land, and for the enforcement of liens thereon:
of all suits for the trial of the right of property
LEVIED upon by virtue OF any writ OF execution,
sequestration or attachment, issuing out OF
said court without regard to value; Of all suits,
complaints or pleas whatever, without regard
10 any distinction between law and equity,
when the matter in controversy shall be valued
at or amount to five hundred dollars exclusive
of interest; of contested elections; and said
court anu the judges thereof shall have power
to issue writs of hd6edS e11pllS mdHddnus, In
junction and Ger tOrdTi, and all writs neces .arv
to enforce their jurisdiction. The district
court shall have appellate jurisdiction and
general control, in probate matters, over the
county court established in each county, for APP
pr hitting guardians, granting letters testamen-
tary and of administration, probating wills, for
settling the accounts Of executors, administra-
tors and guardians, and for the transaction Of
ali business appertatDing 10 estates, aud origi-
nal jurisdiction and general control over
executors, administrators, guardians and mi
nors, under such regu latfons may be pre-
scribed by law The district court iall have
appellate Jurisdiction and general supervisory
control over the county commissioned courtf,
and shall have general original Jurisdiction over
all causes Of action whatever, for which a rem
edy or Jurisdiction is not provided by law or
this constitution. All cases pending in the
court of appeals of which the supreme court
has appellate Jurisdiction, under the provisions
of this article, shall be certified and the records
transmitted TO the supreme court, and shall be
decidedly the supreme court as II the same had
been originally appealed to such court.
SEC. II. The county court shall hold at
at least four terms, for both civil and criminal
business, annually, az may be provided by law,
and such other terms each year as may be
fixed by the county commissioners court ofeach
county, or as may be provided by law; DrO-
Oided,. the county Commissioners court Of any
county, having fixed the times and number Of
terms of the county court, shall not change the |
Said county court may dispose of probate mat
tiers either in term time or vacation. Proeecu- |
tiOn may be commenced in said court In such |
manner as is now or may be provided by law, |
and jury therein shall consist of six men, un-
der such regulations as the legislature may pre-
scribe.
Be IL further resolved, That the governor he |
and he is hereby required TO issue his procla- 1
nation, directing an election 10 be held through |
out the state on the first Tuesday 10 Septem- |
Der, A. d 1881, for the purpose Of submitting /
the foregoing amendments 10 the qualified vo-
tiers of the state, and TO cause 10 be pub
lished, once week for four weeks, at least
three months prior't said election, the above /
proposed amendments in one weekly newspa- /
per of each county in the state in which a news
paper may be published, and be shall direct /
said election to be held in accordance with the /
law regulating general elections. Upon recent /
Of the proclamation of the governor, the county
Judge shall proceed to Issue his writs of cleo
ton, appointing judges of election in accordance
with the election law. Those desiring to vote
or the amendment shall have written or printed
Upon their tickets: ''For amendment to article
i've" Those desiring TO vote against the
amendment shall have written or printed upon
heir tickets: against amendment to article |
I've" Immediately after the election the Of
icers of each precinct shall forward 10 the
county judge of their county a duplicate re-
urn showing the number of votes cast for or |
lgainst the amendment and on the tenth day
hereafter the county judge shall open and
cunt said returns, and forthwith forward TO the
ecretary Of state, In q scaled package, tabuIa-
ed statement thereof showing the total num-
yer Of votes cast in the county for or against
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