Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1881-08-11

Section >. !. ). 6, and Il. Article v. Of
the Constitution Of tbs STATE OF Texas.
| SECTION J; he Il Resolved by the I.egisla-
iure OF the state Of Texas, That Sections :,
4 ), j. 8, and IL, article :, Of the Constitution
to read as follows.
ARrIcLE v.-JrDIciAny.
SEc. 2. The sspreme court shall consist Of
4 chief justice and SIX associate justices. four
| OF whom shall constitute a quorum Of the
whole. a qnorem being present, they may
organize two divisions, each to consist. Of
three Judges, the chief Justice TO cooperate
/ with either section. Two Judges OF dlyis-
ion shall constitute 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 cou-f, when
| n decision shall be made by majority OF a
/ quorum of the whole that may be present.
| No Justice shall be permanently assigned TO
! any division, but the justices may alternate
under such rules rs the court may prescribe.
The judges OF the supreme court In 0fiice az
the time OF the adoption Of this Article, and
| Tour judi e. 10 he 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 ehiefjus
tice OF the supreme court created by this Srti-
Gle, until the next general election. At which
election there shall be elected seven justices,
whose Term OF ONO. shall be six years, and
| who shall select chief Justice from among
their number, who shall hold his ofiice for
two years, or until otherwise orleresl nv ;he
court. The justices the supreme court shall
be elected by the qualified voters Of the state
| At general Gle Zion for state CT county on
GERS. They each shall be a qualified voter,
| and shall have arrived at the age Of thirty
! years, and shall have been a practising law
| yer or Judge of district count In this state
or such judge and lawyer together. al least
seven years Al the time OF their election.
| They shall hold their Office for the term OF ak
years, and each of them shall receive an an
nual salary ofnot less than three thousand six
hundred dollars. which shall not be increas-
ell or diminished during his of Office. In case
Of a vacancy in the Office OF chief Justice or
associate justieeofsupreme court the governor
shalt hll the vacancy by appointment until
successor be elected at the next general elec-
ton for state and county officers, and the itis-
tees 50 elected shall hold such Offices for the
uneNpired term.
SIC. :. The supreme court shall have APP
pellate Jurisdiction only except as herein
specified, which shall be co-exteusive with
the limits Of the State. Its appellate jurisdic-
ton shall extend to all civil eases OF which
the district or county court has original or
| appellate Jurisdiction. and OF such other ca
sss as may be prescribed by law; but in APP
| peals from interlocriory Judgments with
such exceptisns and under such regulations
as the Legislature may prescribe. The SUI
| preme court and the Justices thereof shall
| have power to issue the writ Of habeas cor
pus, as may be prescribed by law, and I'M
| der such regulations as may be prescribed BY
law the said court and the justices thereof
may issue the wits ofmandamus, prooeslen-
do, certiorari, and such other writs as nav
be necessary to enforce Its jurisdiction. The
Legislature may confer original Jurisdiction
on the supreme court to issue vrits of quo
warIanto and mandamus in classes of cases
specified BY u, except as against the governor
Of the state. The supreme court shall also
have power, upon aflidavits or otherwise, as
by court may be thought proper, to ascertain
such matters of fact as may be necessary To
n - ffIrfc fffs. -
supreme court shall sit for the transaction OF
business FROM the first Monday In October Ia
each year until the last Saturday In June OF
the next year, at the capital and two other
places, or at the capital only, ifthe legisla-
ture shall hereafter so provide.
SIC. 5. The court of appeals shall consist
Of three judges, any tive Of whom shall con-
s,itute quorum, and the concurrence oftwo
Judges shall be necessary to a decision ofsaid
court. They shall be elected by the quali-
fed voters OF the state AZ general election.
They each shall be qualified voter, and shall
have arrived at the age OF thirty years, and
shall have been practioing lawyer or judge
Of u district court in this state, or such law
yer and judge together, at least seven Years
at the time of their election. They shalf hold
their Office for the term Of six years, and each
Of them shall receive an ANIMAL 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 a yacan-
cy In the Office Of judge of the court OF APP
Vacancy
appointment until a successor he electeh at
he next general election, and the Judge or
judges 50 elected shall hold Office for the un-
expired iarm-
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 10 Issue
the writ OF habees corpus, and under such
regulations as may be prescribed BY law, Is
sue such writs as may be necessary to enforce
its own jurisdiction. The court of appeals
shall have power, upon afidavits or other
wise as by the court NAV 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 transact
ton Of business from the first Monday in Oc-
tober Of each year until the last Saturday in
June Of the next year, at the capital and at
legislature shall hereafter SO provide,
SEC. s. The district court shall have orig
inal jurisdiction In all crimir al cases OF the
grade of felony; of all suits in behalf Of the
cheats; Of all cases Of divorce; OF all INSIDE
meanors involving official misconduct; OF ali
suits to recover damages for SANDER or dsfa-
matio OF chsracteri Of all suits for trial OF
thereon; Of all suits for the trial of the right
Of property levied upon by virtue Of any writ
or execution, seIsestration or attachment,
Issuing out Of said court without regard TO
ever, without regarl to any distinction be-
tween law aud equity, when the matter In
controversy shall be valued AZ 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
ofhabeas corpus, Iaandnmus, Injunction and
cerfiorari, and ali writs necessary 10 enforce
theis 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 testamenfary
and OF administration, probafing wills, for
settling the accounts OF executors, adminis-
traitors and guardians. and for the fransac-
ton OF all business appertaining To estates.
and original Jurisdiction and general control
over executors. administrators, guardian and
minors under sucn regulations rs may be pre-
scribed by law. The district court shali have
appellate Jurisdiction and general SUPERVISE
~ control over the county commissioners
court, and shall have general original iuris-
diction over all causes of action whatever,
for which = remedy or jurisdiction Is not pro-
vided by law or this constitution. An cases
pending in the court OF appeals, 0fwhich the
supreme c0urf has appellate Jurisdiction un-
der the provisions ofthis article, shall be GER
titled and the records transmitted to the su.
prene court, and shall be decided by the SUI
prerne court rs 1.-THE same had been original
" appealed to such court.
SIC. IL. The county court shall hold at
least four terms, for both civil and criminal
business, annually, as may be provided by
law. and such other terms each years as NAV
be fixed by the county commissioners court
Of each county, or as may be provided by law;
pruyinetl, the county commissioner court
of any county, having fixed the times and
number of terms OF the county court. shall
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 Commence
ell In said court in such manner as Is now or
may be provided by law, and a jury therein
shall consist OF six men, under such regnla-
tons a. the legislature may prescribe.
Be 1t further resolved, That the governor be
and he is hereby required to issue his procia-
nation, directing an election TO be held
throughout the state on the first Tuesday In
September. a. ID. ISL, for the purpose Of
submitting the foregoing amendments to the
qualifled voters of the state, and TO cause 10
be published, once a week for four weeks, at
least three months prior to said election, the
above proposed ainsnts IN one weekly
In which a newEpaE 2e published,
accordance with ing general
elections. Cpoi ~ esroclama-
ton of the gnyi T. ~ re shall
pointiu E-ns
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