The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-06-23

To be submitted 20 a Vote OF the People on the
FIRST Tuesday IN September, 1881.
JOlnt hesotHtton proposing dn ADlsnduenL 10
Sections 2 8 5, g, and II, Article v, Of ne
constitution OF ne State Of Teras
SECTION 1. Be u Resolved 6y tie Leoislaf,,-s
Of TIE State Of Tsrds, That sections q S.b6s
and IL article 5, OF the Constitution ofthe STAT
oil Texas, shall be so amended az TO read as fol-
lows:
ARTICLE v.-JuDIcIARY
SEC. 2. The supreme court shall consist of a
chief justice and six associate justices, four Of
whom shall constitute quorum of the whole
A quorum being present, they may organize
two divisions, each to consist oi three Judges
the chief Justice to cooperate with either sec
ton. Two judges Of division shall constitute
a quorum. One of the members iu- either d.
vision dissenting may refer any question in q
case, or the whole cause, to all the members ofthe
court, when a decision shall be made by a
majority of a 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 tais article,
and four judges TO be appointed by the gov
ernor, shall compose the supreme court, 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 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 ofthe state at general
election for state or county officers. They each
shall be q qualified voter, and shall have arrived
at the age of thirty years, and shall have been
practicing lawyer or judge of 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, aud each of them shall
receive an annual salary of not less than
three thousand Elk hundred dollars, which shall
mot be increased or diminished during his term
Of office. In case Of n vacancy in the Office Of
chief justice or associate Justice Of the SUI
preme court, the governor shall I'll the vacancy
by appointment until 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
pellate jurisdiction only except as herein spec
flied, which shall be co-extensive with the lin
its of the State, Its appellate Jurisdiction
district or county court has original or appel
late Jurisdiction, and of such Other cases as
may be prescribedby 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 hd6eaS corpus, az 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 Dldnddnlus, pro
CSQenQO, cefItOTUTt, ana eucl other Wits as NAV
be necessary TO enforce its Jurisdiction The
legislature may confer original Jurisdiction on
the supreme court to issue writs Of quo agdT-
rdnto and ndnddDlus in classes Of cases speci-
fed by it, except as against the governor of the
state. The supreme court shall also have
power, upon affidavits or otherwise, as by the
court may be thought proper, to ascertain such
matters of fact as may be necessary to the
proper exercise Of its jurisdiction. The SUI
preme court shall sit for the Transaction of bus
iness from the first Monday In October in each
nm fha In dav In I'M nf no 1aNf
year, at the capital and two other places, or Mt
the capital only, If the Legislature shall here
alter so provide |
SEC. 5. The court of appeals shall consist of
three judges, amy two Of whom shall constitute
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
the state at general election. They each shall
be qualified voter, and shall have arrived at the
age Of thirty years, and shall have been prac
ticing lawyer or Judge OF district court in this
state, or such lawyer and judge 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 mn annual
salary of not less than three thousand six hun
dred dollars, which shall not be increased or di-
minished during his term of Office. In case of
vacancy in the office Of judge Of the court Of
appeals, the governor shall FIJI the vacancy by
appointment until a successor be elected at the
next general election, and the Judge or judges
30 elected shall hold Office for the unexpired
term.
SEC. 6. The court of appeals shall have APP
pellate jurisdiction co-extensive. with the linn
its of the state in all criminal cases of whatever
grade The court Of appeals and the judges
thereof shall hayep power to issue the writ ofha-
bedS corpus, and under such regulation as may be
prescr bed by law, issue such writs az may be
necessary to enforce its own jurisdiction. The
court of appeals shall have power, upon afflda-
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 its
Jurisdiction. The court of appeals shall sit for
the transaction of business from the first Mon
day in october of each year until the list Sat
urday in June of the next year, at the capital,
and at two other places, or at the capital only,
if the legislature shall hereafter SO provide.
SEC. 8. The district court shall have oripi-
nal jurisdiction in all criminal cases of the
grade oil 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 defsma.
ton of character; of all suits for trial of title to
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,
eequestration or attachment, issuing out OF
said court without regard to value; of all suits,
complaints or pleas whatever, without regard
TO 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 HdbedS corpus, 1ldy1ddD1uS, In
junction and cert0rdri, and all writs necess arY
to enforce their jurisdiction. The district
general control, in probate matters over the
county court established in each county, for APP
printing guardians, granting letters testament
tary and OF administration, probating Wills, for
tore and guardians, and for the transaction of
ali business appertatning 10 estates, and origi-
nal jurisdiction and general control over
executors, administrators, guardians and mi
nors, under such regulations as may be pre-
scribed by law The district. court TALL have
appellate jurisdiction and general supervisory
frpl fha
and shall have general original ju' isdiction 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
decidedIby the supreme court as II the came had
been originally appealed to such court.
SEC. IL. The county court shall hold at
at least four terms, for both civil and criminal
business, annually, as 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; pro
county, having fixed the times and number Of
terms Of the county court, shall not change the
same again before the expiration Of one year.
Said county court may dispose OF probate mat
tiers either in term time or vacation. Prosecu-
ton 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, nm
der such regulations as the legislature may pre-
scribe. -
Be IL Further resolved, That the governor be
and he is hereby required to issue his procla-
nation, directing an election TO be held through
out the state on the first Tuesday in Septem-
Der, A. d. 1881, for the purpose of submitting
the foregoing amendments 10 the qualified yo-
tiers of the state, and to cause TO be pub
lished, once a week for four weeks, ut least
three months prior TO said election, the above
proposed amendments in one weekly newspa-
per of each county in thesta in which news
paper may be published, and be shall direct
said election to be held in accordance with the
law regulating general elections. Upon receipt
Of the proclamation of the governor, the county
ZION, appointing judges Of election in accordance
with the election law. Those desiring to vote |
for the amendment shall have written or printed |
upon their tickets: "For amendment TO article
i've" Those desiring 10 vote against the
amendment shall have written or printed upon
i've" Immediately after the election the Of
icers of each precinct shall forward TO the
county judge Of their county duplicate re- |
turn showing the number of votes cast for or
against the amendment, and on the tenth day
thereafter the county judge shall open and |
;ount said returns, and forthwith forward to the
secretary OF state, in a sealed package tabula-
ed statement thereof showing the total num-
Der Of votes cast in the county for or against |
he amendment, and on the fortieth dav
liter said election the secretary of state shall
n the presence Of the governor and attorney. |
general, open and count said returns and n IL |
hall appear from the returns that a majority Of |
he votes were cast for said amendment IL shall |
&c the duty of the governor on the following |
lay 10 Issue his proclamation setting forth the /
act that said amendment has received a ma
orfty OF the votes cast at said election and |
hall proclaim that said amendment has be- |
;ome and is a part Of the state Constitution
hail