The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-08-04
ELECTION PROCLAMATION.
By the Governor OF the State nf raxas

e " :" n 'oN'
BY the Governor Of the State Of Texas
WHEREAS, The Seventeenth Legislature OF
The state OF Texas, by vote of two-thirds Of all
March IA and March g, 1881, respectively pass
the following joint resolutions submitting TO a
vote OF the people the following Amendments
10 the Constitution of the State OF Texas to- wit
JOINT RESOLUTION PROPOSING AN AMENDMENT
TO SECTIONS 2, 3, 5, 6, 8 AND IL, ARTICLE s. or
THE CONSTITUTION OF THE STATE OF TEXAS.
SECTION /. Be u resolCsd By The Legislature Of
tie State Of Terds, That sections :, 8, 5, 4,
and H., Article 5, of the Constitution OF the
State OF Texas, shall be amended as 10 read
as follows:
ARTICLE V.-JUDICIARY.
SEC. g The Supreme Court shall consist of
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 of three Judges the
Chief Justice to cooperate with either section,
Two Judges of a division shall constitute a
quorum One of the members in either division
dissenting may refer any question in a case, or
the whole cause, to all the members of the court
when 2 decision shall be made by a majority OF
quorum OF the whole that may be present No
Justice shall be permanently assigned 10 any
division, but the Justices may alternate under
| such rules as the court may prescribe. The
Judges Of the Supreme Court, in Office at the
time Of the adoption of this article, and four
Judges to be appointed by the Governor, shall
compose the Supreme Court, until the next gen
anu the CnlcI Jn-tice oil the
present Supreme Court shall be Oh. f Justice of
the Supreme Court created by this rticle, until
the next general election, at which election
there shall be elected seven justices, whose term
OF ofce shall be six years, and who shall select
Chief Justice from among their number who |
shall hold his Office for two years. or until other
wise ordered by the court. The Justices of the |
Supreme Court shall be elected by the qualified |
voters OF the State al general election for State
or county officers. They shall each be qualified |
voter, and shall have arrived at the age of thirty
wears. and shall have been nracticinU 1
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 six years, and |
each Of them shall receive an annual salary of |
not less than three thousand six hut bred dol |
lars, 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 jus |
ice Of the Supreme Court the Governor shall |
NIL the vacancy by appointment until a Sue.
cessor 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. g. The Supreme Court shall have appel
late Jurisdiction only except herein specified,
which shall be coextensiye with the limits OF /
the State. Its appellate Jurisdiction shall ex- /
tend TO all civil cases of which the district or /
county court has original or appellate jurisdic-
uon, ana OF snen other cases as may be pre-
scribed by law; but In appeals from interlocu-
tory 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 h05eds corpus, as
may be prescribed by law, and under such
said court and the justices thereof may Issue |
the writs Of DldnddDlsS, Tr0cedendO, ceTtt0TdTi,
and such other writs as may be necessary TO en- /
force its Jurisdiction. The Legislature may
confer original Jurisdiction on the Supreme
Court to issue writs Of quo qOdrTdntO and man
ddDlas In classes Of cares specified by II, ex.
cept as against the Governor of the State. The
Supreme Court shall also have power, upon
aftidavtts 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 Supreme court shall st
for the transaction Of business from the first
Monday In October In each year until the last
Saturday In June OF the next year, at the capt. |
tai and two other places, or at the capital only,
If the Legislature shall hereafter go provide.
SEC: 5: The Court Of Appeals shall consist Of
three judges, any two of whom shall constitute
a quorum, and the concurrence of two judges
shall be necessary TO decision of said court.
They shall be elected by the qualified voters of
the State at general election. They each shall
be qualified voter, andsshall have arrived at the
age OF thirty years, and shall have been prac-
tcing lawyer or judge ola district in this State,
or such lawyer and judge together,at least seven
years at the time Of their election. They shall
hold their afice for the term OF six years, ana
each of them shall receive an annual salary
Of not less than three thousand six hundred dol |
lars, which shall not be increased or diminished
drring his term of office. In case of vacancy |
in the Office Of judge of the Court Of Appeals, |
the Governor shall I'LL the vacancy by appoint
ment until q successor be elected at the next |
general election, and the judge judges 30 |
elected shall hold office for the unexpired
term.
SEC. 6. The Court of Appeals shall have ap-
pellate Jurisdiction co-extensive with the limits
of the state in all criminal cases Of whatever |
grade. The Court Of Appeals and the judges
thereof shall have power to Issue the writ of
hdbeds corpus, and under such regulations as
may be prescribed by law, Issue such writs as |
may be necessary to enforce its own Jurisdiction.
The Court of Appeals shall have power, upon |
afidavits or otherwise as by the court may be |
hon To in Of
az may be necessary to the exercise of its juris-
diction. The Court of Appeals shall sit for the |
transaction of business from the first Monday in
October OF each year until the last Saturday In |
June of the next year. at the capital, and at two
other places, or at the capital only, If the Legis
lature shall hereafter so provide.
SEC 8. The District Court shall have original |
Jurisdiction in all criminal of the grade of
felony; of all suits in behalf of the state to re-
cover penalties, fcrfeitures and escheats; of al
cases of divorce; of all misdemeanors involving
official misconduct; of all suits to recover dama
yes Tor Islander or defamation of character; of ,
al suits for trial OF title to land and for the
of liens thereon; of all suits for the !
trial OF the right of property levied upon by Vir-
ture ofany writ Of execution, representation or .
attachment issuing out Of said court, without Z
regard to value; of all suits, complaints pleas
whatever without regard to any distinction be- =
tween law and equity, when the matter con- y y
roversy shall be valued at or amount to five :
hundred dollars exclusive of interest; of con- !
,ested elections; and said court and the |
Judges thereof shall have power to Issue writs q
and all writs necessary TO enforce y
heir jurisdiction. The district court shall | y
nave appellate Jurisdiction and general ontrol,
N probate matters, over the county court es | :
ablished In each county, for appointing guar !.
iians. granting letters testamentary and OF ad- !
probating wills, for settling the T
accounts OF executors, administrators and =
and for the transaction of all bust | =
less appertaining to estates and original iuris y
LECTION and general control over executors, adj y
guardians and minors, under such y
equations as may be prescribed by law. The !,
district court shall have appellate Jurisdiction -
md general supervisory control over the coun | q
y commissioners courts, and shall have gen | :
raj original Jurisdiction all causes Of ac- y
ion whatever, for which a remedy or iurisdic- =
All cases pending In the Court Of Appeals, of "
Vhich the Supreme Court has appellate juris y
lction, under the provisions OF this article, II
hall be certified and the records transmitted to !.
he Supreme Conrt, and shall be decided by Il
he Supreme Court ae If the same had been orr ii
inally appealed to euch court.
Sec. IL. The county court shall hold at least y
our terms, for both civil and criminal business, !,
nnually, as may be provided by law, and such n
ther terms each year as may be fixed by the :,
ounty commissioners court of each county, or
8 may be provided by law: Provided, the
ounty commissioners court of any county,
aving fixed the times and number OF terms Of
he county court, shall not change the same
gain before the expiration Of one year. Said
ounty court may dispose of probate matters
ither in term time or vacation. Prosecution
nay be commended In said court in such man
er as 10 now or may be provided by law, and
Try therein shall consist of six men, under such a.
equations as the Legislature may prescribe.
nd he fs hereby required to issue his proclama- W
on, directing an election to be held throughout al
ne State on the first Tuesday in September, s.
: d. 1881, for the purpose OF submitting the q