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

state small be so amended rs to read rs fol
lows:
ARTICLE V.
JUDICIARY.
Section l. Tho, judicial power of thi
state shall DO vested in one supreme court
In district courts, and such inferior courts o
may be established by law.
Section ?. The supreme court shall
consist OF a chief justice and eigh
associate justices; five of whom shall consti
tute quorum of the whole. A quorum
Delng present they shsll organize three di-
visions; each to consist of three judges, sn,
OF which shall hear and determine civil cases
and one of which shall hear and determine
criminal cases, and the third division shall
near and Determine either civil or crimina
cause. or both as the chief Justice may d.
rect. Two judges of division shall constl
tute quorum. One of the members il
either division, dissenting, may refer auy
question in case, or tho whole cause to al
the members of the court, when decision
Shall be made by majority Of the quorum
OF the whole that may be present. No JUS
lice shall be permanently assigned TO IN,
DIVISION, but the justices may alternate under
such rules as the court may prescribe.
Section 3, Tho judges of the supreme
court court Of appeals and commissioner,
OF appeals, in office at the time of the adou
ton OF this article, shall compose the gu.
preme court, until tho next general election
and The chief justice Of tho present suprem,
court. shall be chiaf Justice o
thesupreme court created by this article
until the next general election: AT whicl
election there shall be elected one che
justice and eight associate justices, who sha
at the first organization Of the court, divide
themselves into three classes of three each
by lot. Tho first class to hold Office unit
the second general election thereafter. th,
second class, until The fourth general election
thereafter, and the third class until the SIKH
general election thereafter.
Section 4 The chief justice and the as
soeiate Justices of the supreme court shal
DO elected by the qualified voters of the stat,
at general election for state or counN
, officers. They each shall ba q qualified
voter, and shall arrive at the ago Of thirty
years, and shall have been practicin.
lawyer or judge Of a court in this stata OF
such lawyer and Judge together, at leAa
seven years NJ The time OF their election
They shall hold their office for the term Of
twelve years, and zach Of them shall recoiy,
an annual salary of not. less than three lhous
and six huHd cd dollars, which shall not b.
increased or dim nshd during his term oil
office. In case OF vacancy ia the Office o
the chief Justice or associate justice of tn,
supreme court, tho governor shall ii.
the vacancy by appointment uatil asuccesso
be elected al the noxt general election 70
state officers, sn1 the justices so elected shsl
hold such offices for the unexpirod term
Section The supreme court shall hav
: appellate jurisdiction only, except rs herein
specified, which stall b0 co-axtensivo wit
the limits OF this slate. IT. appellate iurs
diction shall extend 10 all cases Of which tn
district court has original jurisdiction and t,
such other cases IS may be prescribed b
law, but in appeals from iuterlocutory iudg
ment9, with such exceptions and under sue
regulations as the legislature iaay prescrib,
The supreme court, and the justices thereo
shall have power to issue tho wri. nabes
corpus, and under such regulations MS ma
3, he prescribed by law, the said court and tn
justices thereof may issue the writs of man
damus, procedendo, cefliorar md such othp
writs as may be necessary to enforce its iuris
diction. The legislature may cnnfer ofigina
jurisdiction on the supreme court TO i.su
writs Of quo warranto and msudAmus /
classes of cases specified by it, exec,
as againat the governor OF the stat,
The supreme court shall also hay
power upon ailliayils or o,herwis,
ms by the court may be bought pr1po
to ASCERTAIN auch matters Of fact a
may DO necessary 10 tNe proper exercise
its Jurisdiction. The supreme court shall =
for the transaction of business from the fir
Monday in October in the year until the la
Saturday in June Of the next year, at N
capital and az two other places, or Mt ii
capital only, il the legislature shall hereii
after so provide.
Section o. The supreme court shall hs,
power TO mako rules a-d regulations for i
own government and for the government
tho other courts of the state, to regulate pr
ceedings, and expedite the dispatch of bus
ness therein, not inconsistent WITH the statute
Section Z. The governor shall have pow
TO appoint judicial commission, on the ~
plication OF the supreme court TO be cor
posed of three persons, having tho qualihc
tons of a justice of the supreme tcurt,
dispose Of the existing accumulated busine
Nm the docket at the time this article TAX
said commission shall fnally deci,
such civil cases then on the docke
|. as the supreme court may refer
and their decision shall not
,oncfted, and but one Judicial commissit
snail be required. Said commission TO col
Rtinue until the causes referred 20 It are di
I posed OF, and while engaged the comm
8 sioaers shall receive such compensation as
allowed Justices of the supreme court.
Section 8. The state shAl be divided int
convenient judici districts, of contieuol
territory, for each of which there shall /
elected by the qualified voters thereof.
Judge whe shall have the qualifications uf
voter in the district at the time of his elec
ton; shall have attained the age of twent
five years and shall be lawyer and sha
have prscticed his profession, or been
Judge Of b court 10 this state, or such lawy,
and Judge together, for at least four year
The district judge shall hold his office f
the term Of four years, shall receive an annu
salary of not less than two thousand fS
hundred dollars, which shall not DO increase
or diminished during his term of service, az
shall hold a term of the court in each orgaI
lied county in the district, at least twice
wear, in such manner as shall be prescribe
by law; and the legislature shall provide
sufflcient number of terms of tho distri
courts TO transact all the business thereof,
Section Q. The district court shall hs,
original Jurisdiction of all criminal CAGES
ali suits in behalf of the state TO recov,
PENALTIES, forfeitures and escheats, and of q
suite, complaints and pleas whatever, withol
regard TO any distinction between law m
equity, when the matter In controversy sha
be valued at, or amount TO, one hundred do
\ lars, exclusive of interest; and exclusi,