The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-06-02

Sections :, 3, ., Q, and II, article v, Of The
Constitution Of the State Of Terds.
SECTION 1. Be IL Resolrsd BY TIE LeoisEaturs
Of the State Of Ts1ds, That sections 2 3, 5, 6, 8
and H. article 5, of the Constitution of the State
OF Texas, shall be so amended as to read as fol-
lows: 30.
ARTICLE v.-JUDIcIARY.
SEC. ,. The supreme court shall consist of q
chief Justice and six associate justices, four Of
whom shall constitute a quorum Of the whole
4 quorum being present, they may organize
two divisions, each to consist of three Judges,
the chief justice to cooperate with either sec
ton Two judges of division shall constitute
n quorum. One of the members in either d.
vision dissenting may refer any question in q
case, or the whole cause to all the members of the
court, when decision shall be made by q
majority of 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 this 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
election for state or county officers. They each
shall be qualified voter, and shall have arrived
at the age of thirty years, and shall have been
a praeticing lawyer or judge of q 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 hundred dollars, which shall
not be increased or diminished during bis term
OF office. In case of vacancy in the Office of
oh Of iea faf.a mat nf
preme court, the governor shall fill the vacancy
by appointment until successor be elected at
the next general election for state or county
officers, and the Justices 80 elected shall hold
such Offices for the uneXpiTed term.
SEC. 3. The supreme court shall have ap-
pellate jurisdiction only except as herein spec
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
may prescribe The supreme court and the
Justices thereof shall have power to issue the
writ of hdbeds corpus as may be prescribed by
law, and under such regulations as may be pre-
scribed by law the said court and the justices
thereof IN ay iHsue the writs of DadnddDllls, pro
cedendO, certi0rdTi, and such other writs as may
be necessary to enforce its Jurisdiction The
Legislature may confer original Jurisdiction on
the supreme court to issue writs of quo agdf,
rdntO and nldnddDsuS in classes of cases speci-
fed by 1t. exceptas against the governor of the
state. The supreme court shall also have
power, upon atiidhvits 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
mess from the first Monday in October in each
year until the last Saturday in June of the next
year, at the capital and two other plares, or at
the capital only, if the Legislature shall here
after so provide.
SEC. 8. 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 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 q prac-
ticing lawyer or judge of district court in this
state, or such lawyer and judge together, III
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 hun
lred dollars, which shall not be increased or d.
ninished during his term of Office. In case of
4 vacancy in the Office of judge of the court of
appeals, the governor shah fiji the vacancy by
appointment until a successor be elected at the
next general election, and the judge or judges
80 elected shall hold Office for the unexpired |
ERIN. i
SEC. g. The court of appeals shall have ap-
)ellate jurisdiction co-eXtensive with the linn
is of the state in all criminal of whatever
trade The court of appeals and the judges |
hereof shall have power to issue the writ of hd-
yeas corpus. and under such regulation may be |
Irescr bed by law, issue such writs as may be |
to enforce its own jurisdiction. The |
,Ourt of appeals shall have power, upon atfida-
1ts or otherwise as by the court may be /
bought proper, to ascertain such matters of |
act as may be necessary to the exercise of its |
Jurisdiction. The court of appeals shall sit for |
he transaction of business from the first Mon
lay in october OF each year until the LAST Sat /
friday in June OF the next year, at the capital, /
md at two other places, or at the capital only,
f the Legislature shall hereafter SO provide.
SEC. 8. The district court shall have origi- |
lal Jurisdiction in all criminal cases of the |
Tade oil felony; of all suits in behalf of the |
state to recover penalties, forfeitures and es-
heats; of all cases of divorce; of all INSIDE |
neanors involving official misconduct; of all /
uits to recover damages for Islander or defama- /
ion of character; of all suits for trial of title to
and, and for the enforcement of liens thereon; |
# all suits for the trial of the right of property
eyied upon by virtue of any writ OF execution.
equestratiOn attachment, issuing out of |
aid court without regard to value; of all suits,
COMPLAINTS or pleas whatever, without regard
o any distinction between law and equity,
When the matter in controversy shall be valued
t or amount to five hundred dollars exclusive
# interests. of contested elections; and said
ourt an the judges thereof shall have power
o issue writs of hdbedS cTTIpus, nldnddnaus, in
LnctiOn and Ger tOrdTi, and all writs necessary |
o enforce their jurisdiction. The district
curt shall have appellate Jurisdiction and
ounty court established in each county, for ap- |
ointing guardians, granting letters testament |
airy and of administration, prObating wills, for |
ettling the accounts of executors, administra- |
DTS and guardians, and for the transaction of
Ii business appertaining TO estates, and origi- |
al jurisdiction and general control oyer |
Ors, under such regulations as may be pre- |
cribed by law Tbs district court iall have |
ppellate jurisdiction and general supervisory
Ontrol over the county commissioners courts, |
nd shall have general original Jurisdiction over
II causes of action whatever, for which a rem i
dy or Jurisdiction is not provided by law or
~ constitution All cases pending in the
Onrt of appeals of which the supreme court |
as appellate Jurisdiction, under the provisions
this article, shall be certified and the records
ansmitted to the supreme court, and shall be
the supreme court as If the same had
cen originally appealed to such court.
SEC. II. The county court shall hold at |
least four terms, for both civil and criminal
usiness, annually, as may be provided by law, |
nd such other terms each year as may be
xed by the county COMMISSIONER court of each |
)unty, or as may be provided by law; pro |
ded, the county commissioners court of any
)unty, having fixed the times and number of
rms of the county court, shall not change the /
lme again before the expiration of one year. |
aid county court may dispose Of probate mat
re either in term time or vacation. Prosecu- |
on may be commenced in said court In such
anner ne is now or may be provided by law, |
nd jury therein shall consist Of si- men, I'M
er such regulations as the Legislature may pre-
.ribe. -
Be IL further resolved, That the governor be
nd he is hereby required TO Issue his procla-
1
1t the state on the first Tuesday in Septem-
sr, A. ID 1881, for the purpose of submitting
lie foregoing amendments 10 the qualified VO- |
rs of the state, and to cause TO be pub /
shed, once a week for four weeks, at least
ree months prior to said election, the above .
opposed amendments in one weekly newspa-
er of each county in the state in which news
lper may be published, and he shall direct
i'd election to be held in accordance with the
W regulating general elections. Upon receipt
the proclamation of the governor, the county
dye shall proceed to issue his writs of elect
on, appointing judges Of election in accordance
it'll the election law. Those desiring to vote
r the amendment shall have written or printed
Ion their tickets: "For amendment to article
'en Those desiring to vote against the I
nendment shall have written or printed upon c
cir tickets: against amendment to article | !
ers OF each precinct shall forward to the
unity judge OF their county a duplicate re-
IN showing the number Of voLes cast for or |
ainst the amendment, and on the tenth day
GREATER the county judge shall open and
unit said returns, and forthwith forward to the
cretary of state, in a scaled package, a tabula
d statement thereof showing the total num-
r of votes cast in the county for or against
e amendment, and on the fOrtieth day
ter said election the secretary OF state SHALL &
the presence of the governor and attorney
neral, open and count said returns; and IL Il L
all appear from the returns that majority of
e votes were cast for SAID amendment, 1t shall
the duty of the governor on the following i
y TO issue his proclamation setting forth the /
It that said amendment has received q ma
rity of the votes cast at said election, and
all proclaim that said amendment has be- /
me and is a part of the state constitution. |
d this amendment shall take effect from and |
Ter said proclamation.
Passed March ID, 1881, By cote NJ tao thirds of
the members elected 10 each house.