The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-06-30

To be submitted to Vote OF the People on tn
FIRST Tuesday IN September, 1881
Joint Resolution proposing an amendment q
SECTIONS ,, 3, s. 6, s and II, Article v, Of N
constitution Of NE state Of Tt.rds.
SECTION l. Be h Resolpsd BY the Lsgisiafur
OF re Stdte Of Ierds, That sections 2, 3, 5, q,
ana IL, article ), of the Constitution OF the Stat
oil Texas, shall be so amended as to read a. fol
lows:
ARTICLE v.-JUDIoIARY.
SEC ,. The supreme court shall consist of
chief Justice and six associate Justices four o
whom shall constitute quorum of the whole
| quorum being present, they may organic,
two divisions, each TO consist Of three Ridges
the chief Justice 10 cooperate with either sec
ton. Two judges of a division shall constitut,
quorum. One OF the members In either di
vision dissenting may refer any question in ,
case, or the whole cause to all the members OF IN,
court when decision shall be made by
majority Of a quorum OF the whole that may b,
present. No Justice shall be permanently as
| signed TO any division, but the Justices NAV 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 this article
and four judges to be appointed by the gov
ernor shall compose the supreme court, unit
| the next general election: and the chief Justice
OF the present supreme court shall be chic
justice of the supreme court created by thi,
article, until the next general election, at which
election there shall be elected seven justices
4
shall select a chief justice from among theil
number, who shall hold his Office for two years
or until otherwise ordered by tie court. The
Justices Of the supreme court shall be elected
by the qualified voters Of the state at n general
election for state or county officers. They each
shall be qualified voter, and shall have arrived
at the age OF thirty years, and ehall have been
practicing lawyer or a judge OF a district
| court In this state, OF such Judge and lawyer
| together, at least seven years at the time ol
| their election. They shall hold their Office for
/ Of haD
| receive an annual salary Of not less than
| three thousand six hundred dollars which thall
| not be increased or diminished during HIS term
| OF office. In case Of vacancy In the office OF
| chief justice or associate justice of the SUI
preme court, the governor shall ill the vacancy
| by appointment until n successor be elected at
the next general election for state or county
| officers, and the justices elected shall hold
such offices for the unexpired term.
| SEC. 3. The supreme court shall have az
pellate Jurisdiction only except as herein spec
| flied, which shall be co-extensive with the linn
its of the State. Its appellate Jurisdiction
| shall extend to all civil cases of which the
district or county court has original or appel
| late jurisdiction. and OF such other cases as
may be prescribed by law; but In appeals from
| interlocutory Judgments, with such exceptions
| and under such regulations as the legislature
4 may prescribe. The supreme court and the
justices thereof shall have power 10 issue the
/ writ of hdbeds corpus, as may be prescribed by
law, and under such regulations az may be pre-
/ scribed by law the said court and the justices
| thereof may irsue the writs OF ndnddnaus, pro
| ceQfIlqO, cefLtOTdft, and such other Wrtta
| be necessary TO enforce its Jurisdiction. The
| legislature may confer original Jurisdiction on
/ the supreme court to issue writs Of quo aSdr-
rd1fo and n1dndanlus in classes OF cases speci|
| fed by 1t. except as against the governor OF the
| state. The supreme court shall also have
power, upon affidhvits or otherwise az 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 su-
preme court shall sit for the transaction of bus
iness from the first Monday in October in each
int hal CAT rda Inn. n
year, at the capital and two other places, or at
| the capital only, IL the legislature shall here
| after so PROVIDE ~
SEC. 5. The court Of appeals shall consist of
| three judges, ANY two OF whom shall constitute
quorum, and the concurrence of two judges
shall be necessary to q decision OF said court.
the state at a 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 an annual
| salary Of not less than three thOnAand six hun.
drcd dollars, which shall not be increased or d.
minished during his term of Office. In case OF
a vacancy in the office of Judge of the court Of
appeals, the governor shall fill the vacancy by
appointment until a successor be elected at the
| next general election, and the judge or judges
| so elected shall hold Office for the unexpired
| term.
SEC. 9. The court of appeals shall have APP
pellate jurisdiction co-extensive with the lin.
its of the state In all criminal caaes of whatever
grade The court of appeals and the judges
thereof shall have power TO issue the writ ofhd-
bedS c0Tpus, and under such regulation az may be
prescr bed by law, iseue such writs Ms may be
necessary to enforce its own jurisdiction. The
court of appeals shall have power, upon affida-
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 it's
Jurisdiction. The court of appeals shall sit for
the transaction Of business from the first Mon
saan nat ll.aU g oh.
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 origi-
nal jurisdiction in all criminal cases of the
grade o. 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 Islander or defama-
ton of character; of all suits for trial of title 10
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 o. execution
Representation or attachment, issuing out OF
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
court am the judges thereof shall have power
to Issue writs of hdbeds corpus, 1ndnddDlus In
junction and Ger t0rort, and all writs necessary
to enforce their jurisdiction. The district
court shall have appellate jurisdiction and
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 |
settling the accounts of executors, administra-
tors and guardians, and for the transaction of |
ali business appertafning 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 9 iall have |
appellate jurisdiction and general supervisory |
control over the county commissioners courts, |
and shall have general original jurisdiction 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 /
of this article, shall be certified and the records
transmitted TO the supreme court, aid shall be /
aecidedtby the supreme court as II the same had /
SEC. II. The Ae COUNTY court 60 shall hold a,
at least four terms. for both civil and criminal
business, annually, as may be provided by law,
fixed by the county COMMISSIONER court ofeach
county, or as may be provided by law: 1ro-
Uided, the county commissioners. court Of any
county, having fixed the times and, number OF /
terms Of the comfy court, shall not change the
same agnin before the expiration Of one year
Said county court may dispose Of probate mat
i isf either In term time or vacation. prosecu-
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 resOlped That the governor be
and he lie hereby reqnired to Issue his procla-
nation, directing an election TO be held through
put the state on the first Tuesday In Septem-
Der, A. ID 1881, for the purpose Of submitting
he foregoing amendments 10 the qualifed yo-
ers OF the state, and to cause 10 be pub
ished, once q week for four weeks, at least
hree months prior TO said election, the above
proposed amendments in one weekly newepa- |
per Of each county IN the state in which A neyTs-
PAPER may be published, and lie shall direct
aid election % be held IN accordance with the
Aw regulating general elections. Upon recent
" the proclamation OF the governor, the county
ildge shall proceed 70 issue his writs OF cleo. |
ion, appointing judges Of election in accordance
With the election law. Those desiring TO vote
Or the amendment shall have written OF printed
Lpon their tickets: "For amendment to article
I've. Those desiring 10 vote against the |
amendment shall have Written or printed upon
heir tickets: tAgainst amendment 20 article |
We" Immediately after the election the on |
ounty judge d their county a duplicate re-
urn showing the number OF votes cast for or |
gaiust the amendment, and on the tenth tiay
hereafter the county judge shall open and
cunt said returne, and forthwith forward to the
ecretary Of state, Ina sealed package tabula- |
ed statement thereof showing the total num- |
er OF votes cast In the county for OF against |
he amendment, and on the fortieth dav
fter said election The secretary Of state shall |
a the presence Of the governor and attorney, |
eneral, open and count said returns: and m II
hall appear from the returns that q majority Of
he votes were cast for SAID amendment. * shall
C the duty OF the governor on. the folIowino
ay 10 iesue his proclamation setting forth the