Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1881-12-22


~ TIoS !. lie II Resolved by the LegislA-
iurr OF the State OF Texas, That Sections .,
,. ;. g, and Il, article :, Of the constitution
"f the state OF Texas, shall be so amended as
TO read as follows:
AERicLE v.-IrptCtARr.
SIC. 2. The sGpreme court shall consist OF
q chief justice and SIX associate justices, four
of whom shall constitute quorum OF the
whole. a quorem being present, they MAJ.
organize pwo divisions, each TO consist OF
three judges, the chief Justice TO cooperate
with either section. Two Judges OF divts-
lon shall constitute a quorum. One Of the
members In either division dissenting may
refer any question In case, or the whole
cause, to all the members OF the court, when
decision shall be made by a majority Of =
quorum Of the whole that may he present.
No justice shall be permanently assigned TO
any division, but the justices may alternate
under such rules as the court may prescribe.
The judges of the supreme court in ofiice St
the time Of the adoption OF this atticle, and
four JUDGES to be appointed by the governor,
shall compose the supreme court. until the
next general election; and the chief justice OF
the present supreme court shall be chiefjus-
tice Of the supreme coHrt created by this arti-
Gle, until the next general election, at which
election there shall be elected seven justices,
whose term Of ofiics shall be six years, and
who shall select chief Justice from among
their number, who shall hold his ofice for
two years, or until otherwise ordered by the
court. The Justices of the supreme court shall
ut general election for state or county cIii-
GERS. They each shall be a qualified voter,
and shall have arrived at the age OF thirty
years, and shall have been practising law
yer or judge of district court in this state
or such judge and lawyer together, at least
seven years at the time OF their election.
They shall hold their Office for the term of str
years, and each OF them shall receive an an
nual salary ofnot less than three thousand six
hundred dollars. which shall not be increase
Ell or diminished during his Of Office. In Gaze
Of vacancy in the Office OF chief Justice or
associate Justiceofsupreme court the goyprnor
shall MI the vacancy by appointment until q
successor be elected at the next general cleo
lion for state and county officers, and the jus-
tees so elected shall hold such offices for the
unexpired term.
SIC. ,. The supreme court shall have APP
pellate jurisdiction only except as hersin
specified, which shall be co-eXtensive with
the limits Of the State. Its appellate jurisdlo-
ton shall extend to all civil cases OF which
the district or county court has originator
appellate jurisdiction, aud ofsuch other ca
sea as may be prescribed by law; but in ap-
peals from interlocutory Judgments, with
such exceptisns aud under such regulations
as the legislature may nrescribe. The sp-
prene court and the Justices thereof shall
pus, as may be prescribed by law, and un-
der such regulations IS NAV he prescribed by
law the said court and the justices thereof
may issue the writs ofmandamus, prOceden-
do, certiorari, and such other writs as may
be necessary to enforce Its jurisdiction. The
Legislature may confer original Jurisdiction
on the supreme court to issue wrifs of Qr I.
warranto and mandamus in classes OF 60,
specified by 1t, except as against the go-. r,,o1
Of the state. The supreme court IAN .Isa
have power, upon afiidavits nr Of ar,.;.. ~
| by court may be thought proper h = Scsrt.;r,
such matters of TACT As NAV he necessayv n
The proper exercise of Its ,riss,ic,;on irhs
supreme court shall sit ,he ~ ,ss.;,,,, ~
business from the mr. Monday in October In
each year until tne last Saturday in June IN
ne next year, .. the capital and two other
IN ale capital only, If the legis,a-
tuIe shnh gereailer so provide.
SIC. .. The court OF appeals shall consist
OF uuSe judges, any TIVE OF whom shall con-
Nt.ute quorum, and the concurrence oftwo
| .ddges shall be necessary TO a decision ofeald
court. They shall be elected by the qinli-
ned voters OF the state ut general election.
They each shall be aqualified voter, and shall
nave arrived at the age of thirty years, and
shall have been practicing lawyer or Judge
| of a district court In this state, or such law
i yer and judge together, at least seven years
| At the time of their election They shall hold
4 their Office for the term OF six years and each
I of them shall receive an 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 ylcan-
| cy in the Office OF judge of the courtiof an
| peals, the governor shall NIL the vacancy Nv
| appointment until successor be elccteh at
q
judges 50 elected shall hold office for he un-
| expired iarni.
SIC. o. TIE court of appeals shall have an
| pellate jurisdiction co-eNtensive with tie
limits of the state in all criminal casese !,
| whatever grade. The court of appeals .,
\ the judges thereof shall have power 10 anu
| the writ of habeas corpus, aud uRdr Issue
regulations as may be prescribed NJ ~ suoil
sue such writs as may Be necessar Il sr s,rs,
its own jurisdiction, The con- 70 ,a.,onIs
shall have power, upon audi 4. o. aphsrAls
| wise as by the court NAV b WIS OF o.heI
TO ascertain such matters ~ usu' p,VpI, ,
necessary to the eyerci Of i,s ;ur d hs NJ
tlon If hnsInefs f,,,. .Iall sit for the transact
| toher n a.ch x,ss, a the ilrst Monday in Oc-
June of the nsJ un., ' ,s. iasa Sssia3 "a
in.,,sss,,,s es, ut the capital only, ifthe
shall hereafter so provide,
| t,.i ~ The district court shall have orig
] MAJ " .isdicti0n In all crimir al cases ofthe
S.eV e of felony; of all suits in behalf OF the
s..tte to recover penalties, forfeitures and es-
cneats; of all cases of divorce; of all misde-
meanors involving official misconduct; Of all
/ suits 10 recover damages for Islander or dsfa-
nation OF character OF all suits for trial OF
title to land, and for the enforcement oflleus
thereoni OF all suits for the trial OF the right
| Of property levied upon by virtue OF any writ
or execution, representation or attachment.
| issuing out of said court without regard TO
value; of all suits, complaints or pleas what
ever, without regard to any distinction be-
tween 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 and the
judges thereof shall have power to Issue writs
| ofhaoeas corpus, mandamus, Injunction and
certiorart, and all wriis necessary to enforce
theiI 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 testamentary
and Of administration, probating Wills, for
| settling the accounts Of executors, admins
| traitors and guardians, and for the transact
/ ton of all business appertaining 10 estater
/ and original Jurisdiction and general conf y
over executors. administrators, guardian AM
| minors under such regulations rs may -.
| scribsd by law. The district court slif ,,hsr
i appellate jurisdiction and general ST ,,a-ri.,
~ control over the county comm ,s.ffio-.-s
| court, and shall have general ORR ,insi ;nT;s
diction over all causeS Of acti6 n ,rhatsrs1
for which remedy or jurisaict ~, is -ot M,
| vided by law or this constituf ~ II ~
/ pending in the court of appe' ,Is of1h;rh ~,
| supreme court hns appellate iurisiiefion- nm
usr me NJ, ~ M. ticle, shall be GER
/ preme court, and shah he decided nv the s sn
/ preme court as ifthe . Ame had heen 5rigfnsl
ly appealed 70 such ,urf ''''' D'e'' u 9 mar
| SEC: IL, Inc % aniy court shall hold a
least teatF 'e.lss, r both civil and crimina
| business anMus .ly, as may be provided b,
law, and sueh' Jther terms each years as maj
be Fixed Ivy the county commissioners cour-
oil eacf. county, or as may be provided by law
Drowned, tins county commissioners cour
1 OF any county, having fixed the times and
l lumber OF terms of the county court, shall
4 not change the same again before the expIra-
ton Of one year Said county court may dis
pose OF probate matters either in term, time
or vacation. Prosecution may be commenc-
ed in said court in such manner as Is now OF
may he provided by law, and a jury therein
shall consist ofsi men, under such regnla-
tons as the legislature may prescribe
BE 1t further resolved, That the governor be
and he is hereby required to Issue his procla-
nation, directing an election to be held
throughout the state on the first Tuesday in
September, A. ID. 1851, for the purpose OF
submitting the foregoing amendments to the
qualified voters OF the state, UonfO cause to
be published, once 4 week veeks, a,
least three months prior - Hon, the
above proposed ame,d weekly
newspaper of q = state
in which 4 new I'D
accordance W .@
elections. -
ton Of the g