Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1881-12-08
and II. Article ",

3, ), 9, 8 and II, article ;, Of the constitution
OF the state of Texas. shall be so amended -
10 read A. follows:
AHTIcLE v.-JuDiciAHr.
SEC. 2. The s,.prrme court shall consist OF
. chief Justice and ak associate justicea. four
OF whom shall constitute . quorum Of the
whole. 4 qn0rem being present, they may
tsFee inixe so ,hs rsSss ns,Ies 10 Generate
with either section. I've Judges Of dlvis-
lon ehall constitute q quorum. One OF the
members In either division dissenting may
refer any question In case. or the whole
cause. TO all the members Os the court, When
decision shali 10 made by 4 majority OF Z
quorum Of the whole that may be present.
No justice shall be permanently assigned To
any divtriou, hut the justices may alternate
The Judges Of the supreme court In Office NJ
the time Of the adoption of this alticie, aRd
four judses TO be appointed by the governor.
shall compose the supreme court until the
next general election; and the hiefjusfice OF
the present supreme court shall be chief jus
tlce Of the supreme cosrt created By this ar;i-
Gle, until the next general election, NJ which
election there shall be elected seven Justices,
whose term OF oflic- shall be six ears, and
who shall select q chief Justice from among
their number, who shall hold his ONCE ior
two years, or until othrrwisc ordered by The
court. The Justices OF the supreme court shall
be elected by the qualified voters Of the state
Mt general election for state ct county on
and shall have arrived NJ the age Of thirty
years, and shall have BEEN . pracfising law
yer or Judge OF n district court In this sfnfe
or such Judge anil lawyer together, 81 leare
seven years at tho time OF their election.
They shall hold their office for the term Of six
years, and each ofthem shall receive an an
nual salary ofnot less than three thousand six
hundred dollars. which shall not be incrras-
ell or diminished during his Of once. In case
sfa vacancy in the once of chief Justice or
associate ju-ticeofsupreme court, the governor
rhall oil the vacancy by appointment until 4
successor be elected M the next general cleo
iion for state and county officers, and the JUS
iice3 so elected shall hold such Offices far tho
uneSpired term.
SKc. ,. The supreme court shall have ap-
pellaie Jurisdiction only except As herein
specified, which shall be eo-extensive with
/ the limits Of the State Its appellate jurislic-
tlon shall extend to all civil cases OF which
the district or county coHrt has original or
| appellate Jurisdiction, and of such other ca
sss as may be prescribed by law; but in APP
peals from introductory Judgments, with
| such exceptisns and under such regulations
| As the legislature may nrescribe. The SUI
preme court and the Justices thereof shall
have power to issue the writ OF habeas cor
/ pus, IS may be prescribed by law, and I'M
| der such regulations as may he prescribed By
| law the said court and the justices thereof
| may Issue the wTits ofmandamns, prooe,ien-
| 10, certtorarf, and such other writs As may
be necessary 20 enforce Its Jurisdiction. The
l-cklaA1tAIe IudN COnIcr OT1rtnni JURISDICTION
I on the supreme court to Issue writs Of quo
/ warranto and mandamus In classes OF cases
| specinetby 10, except as against the governor
i Of the state. The supreme court -hail also
| have power, upon afisiavits or otherwise, aS
/ by court may be thought proper, to ascertain
such matters Of fact as may be necessary TO
| the proper exercise OF its Jurisdiction The
| supreme court shall sit for the transaction OF
| business from the first Monday In October In
| each year until the last Saturday In June Of
I anil ftrl. oh
| places, or at the capital only, 1.-THE lezisla-
/ lure shall hereafter so provide.
SEC. 5. The court Of appeals shall conslst
efthree Judges, any tive Of whom shall con-
stitute quorum, and the concurrence Off
| judges shall be necessary TO decision ofsald
| uourt- They shall be elected BY the ouali-
| ned voters OF the state nj general election.
\ They each shall be qualified voter, and shall
/ have arrived at the age Of thirty years. and
| shall have been 4 practicinE lawyer or judge
| ola district court In this state, or such law
/ yer and judge together, NJ least seven years
| nj the time of their election. They shall hold
their Office for the term OF six years, and each
l Of them shall receive an annual ealary Of not
less than three thousand six hundred doilars
/ which shall not be increased OF diminished
| during his term Of office. In case OF q vAean-
\ cy In the office OF indre Of the court Of APP
| peals, the governor shalt MI the vacancy bv
| appointment until . successor be electeh At
| he next general election, and the Judge or
| judges 80 elected shall hold ONCE for the un-
| expired farm.
SIC. 0. TIE court OF appeals shall have APP
I pellaie jurisdiction co-extensive with the
limits OF the state In all criminal cases Of
[ whatever grade. The court OF appeals and
| the judges thereof eha1l have power 10 Issue
| the writ OF habeas corpus, and under such
/ sue such wTits as may be necessary TO enforce
/ its own jurisdiction. The court OF appeals
| shall have power, upon afidavits or other
wise as by the eouri NAV be thought proper,
| to ascertain such matters of ffct a. may be
necessary to the exercise Of Its jurisdiction.
! The court Of appeals shall sit for the transact
| tion of business nom the inst Monday In DC
tober OF each year until the last Saturday In
June Of the next ear, At the capital and ~
| two other places, or at the capital only, 1.-THE
/ legislature shall hereafter 60 provide
SEc. s. The district court shall hare orig
| inAl Jurisdiction in all crfmir al casts OF the
| grade Of felony; Of all suits In behalf OF the
/ State to recover penalties, forfeifures anil es-
| meanors involving ofilcial misconduct; Of all
/ suits to recover damages for SANDER or dsfh-
| matiog OF character; OF all suits for trial OF
| title to land, aud for the enforcement oflieus
thereon; of all suits for the trial OF the right
| of property levied upon by virtue ofany writ
| or execution, eequestration or attachment,
1 Issuing out Of said court without regard to
| value; Of all suits, complaints or pleas what
| ever, without regari to any distinction be-
L tween law and equlfy, when the matter In
| controversy shall be valued at or amount TO
| i've hundred dollars exclusive OF interest; OF
contested elections; and said court and the
| judges thereofshali have power TO Issue wrifs
ofhabeas corpus, nlandamus. Injunction and
| certiorari, and all wrifs necessary 10 enforce
| ,hei. jurisdiction. The district court shall
have appellate jurisdiction and general con-
troll, In probate matters, over the county
| court established In each county, for appoint
| Ing guardians, granting letters testamantary
and Of administration, probating wills, for
settling the accounts Of executors, adminls-
| traitors and guardians. and for the transac-
ton OF all business appertainsng b estates,
| and original Jurisdiction and general control
over executors administrators, guardian and
minors under such regulations as may be pre-
scribed by law. The district court shall have
appellate Jurisdiction and general snperyiso-
~ control over the county commissioners
court, and shall have general original juFis-
dicfi0n over all canses OF action whatever,
for which q remedy or jurisdiction Is not pro-
vitied by law or this constitution All cases
pending In the court OF appeals, ofwhich the
supreme court has appellate Jurisdiction, I'M
der the provisions 0ffhis article, shall be GER
titled and the records transmitted TO the "a.
preme court, and shall be decided by the SUI
preme court as ifthe same had been original
IL appealed to such court.
SKc. Ia. The county court shall hold at
least four terms, for both civil and criminal
business, annually, as may be provided By
Law. and such other terms each years rs may
be fixed by the county commissioners court
=
provine,i, the county Commissioner court
of any county, having Fixed the times and
number OF terms of the counfv court, shAll
not change the same again before the expira-
tion Of one year. said county court may dis
pose OF probate matters either in term, time
or vacation. Prosecution may be commence
ed In said court In such manner as Is now or
may be provided by law, and a jury therein
shall consist Of six men, under snch regnla-
tons a. the legislature may prescribe.
BE II further resolved, That the governor b
and he Is hereby required toissue his procln-
nation, directing an election TO be hsld
throughout The state On the nrst Tuesday In
September, A. D. 1851, for the purpose OF
u,bmitting the foregoing amendments 10 The
qualified voters OF the state, and 10 cause to
be published, once = week for four weeks, At
least three months prior TO said election, tho
above proposed amendments In one weekly
newspaper of each county In the state
In which Newspaper may be published,
and he shall diresf said electlan to be held in
accordance with the law kating general
elections. Upon the recs .e procl.me-
proceed to issue his = tion, ap-
pointing judges Of ,cordance
with the elecfioqr ng 70 vote
for the amending :. orr rin-
ted upon their III kent to
artiu1nner .z<Rinst
rn
Il ~ Bed
~. e.. pw-
~ s. tho
{iUrteitn ~ = 81. Afetary
Lof state shall, be governor
and attoruey-gei count said
returns; and ii 49, appear from the re-