The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-06-09

A 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
a quorum. One Of the members In either d.
vision dissenting may refer any question In a
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 be
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
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 a 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
by the qualified voters OF the state at general
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
court in this state, or snch 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 Ian annual GALAXY Of not less than
three thousand six hundred dollars, which shall
not be increased or diminished during his term
of Office. In case Of q vacancy In the Office Of
preme court, the governor shall I'LL the vacancy
by appointment until a successor 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. 3. The supreme court shall have APP
pellate Jurisdiction only except as herein spec
iaed, 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
introductory Judgments, with such exceptions
and under snen as tae esast tS
justices thereof shall have power TO issue the
writ OF hdbeds corpus, as may be prescribed by
law, and under sScn regnlaIi4ns a. may De pre-,
thereof may issue the writs Of Dldnddmus, pro
cedendO, ceTti0TdTt, 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 10dr-
rdIlt0 and DldnddmuS In classes Of cases speci-
fed by 1t, except as against the governor Of the
state. The supreme court shall also have
power, upon affidhyits or otherwise, as by the
court may be thought proper, to ascertain such
matters tof fact as may be necessary 20 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 places, or at
the capital only, II the legislature shall here
after so provide.
SEC 5. The court of appeals shall consist of
three 1udRe6, any TWO oil WnOm snail constitute
quorum, and the concurrence of two judges
shall be necessary to q decision of said court
They shall be elected by the qualified voters Of
the state at q 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 thousand six hun
drpd which Increased l.
minished during his term OF office. In case Of
a vacancy in the Office Of judge of the court of
appeals, the governor shall I'll 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. G. The court of appeals shall have ap-
pellate Jurisdiction co-extensive with the lin
Its of the state 10 all criminal cases OF whatever
grade The court Of appeals and the judges
thereof shall have power TO Issue the writ Of hd
6eds corpus, and under such regulation as may be
prescribed by law, Issue such writs as may be
necessary to enforce its own jurisdiction. The
conrt 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 its
Jurisdiction. The court OF appeals shall sit for
the transaction of business from the first Mon
day in October of each year until the last Sat
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. g. The district court shall have origi-
nal jurisdiction in all criminal cases OF the
grade OF 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 to
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 OF execution,
sequestration or attachment, issuing out OF
said court without regard to value; Of all suits,
complaints or pleas whatever, without regard
a aaNan akfA hats 1aWr
when the matter in controversy shall be valued
at or amount to five hundred dollars exclusive
Of interest; of contested elections; and said
court ana the judges thereof shall have power
to issue writs of hdbedS corpus ndnddnus, In
junction and ceritOrdTi, 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 appertaining 10 estates, and origi
nal jurisdiction and general control over
executors, administrators, guardians and mi
nors, under such regu lations as may be pre-
scribed by law The district court 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
has appellate Jurisdiction, under the provisions
of this article, shall be certified and the records
transmitted to the supreme court, and shall be
decidedly the supreme court as II the same had
been originally appealed to such court.
SEC. II. The county court shall hold at
at least four terms, for both civil and criminal
business, annually, as may be provided by law,
and such other terms each year as may be
fixed by the county commissioners court Of Teach
UiGed the county commissioner's Court ri" Of p any
county, having fixed the times and number Of
terms Of the county court, shall not change the
same again before the expiration OF one year.
Said county court may dispose of probate mat
tiers either in term time or vacation Prosecu-
ton may be commenced in said court in such
manner as is now or may be provided by law
and jury therein shall consist Of six men, I'M
der such regulations as the legislature may pre-
scribe.
Be IL further resolved, That the governor be
and he Is hereby required to issue his procla-
nation, directing an election to be held through
out the state on the fret Tuesday in Septem-
Der, A. d. 1881, for the purpose Of submitting
the foregoing amendments to the qualified vo-
tiers of the state, and to cause TO be pub
lished, once q week for four weeks, at least
three months prior to said election, the above
per of each county in the state in which news
paper may be published, and lie shall direct
said election to be held in accordance with the
law regulating general elections. Upon receipt
of the proclamation of the governor, the county
judge shall proceed to issue his write Of cleo
ton, appointing judges Of election in accordance
with the election law. Those desiring to vote
for the amendment shall have written or printed
upon their tickets: "For amendment to article
ive." Those desiring TO vote against the
amendment shall have written or printed upon
their tickets: against amendment to article
fve." Immediately after the election the Of
fcers of each precinct shall forward to the
county judge Of their county duplicate re-
turn showing the number Of votes cast for or
against the amendment, and on the tenth day
thereafter the county judge shall open and
count said returns, and forthwith forward to the
secretary Of state, In sealed package, q tabula-
ted statement thereof showing the total num-
Der of votes cast in the county for or against
the amendment, and on the fortieth day
after said election the secretary of state shall,
in the presence Of the governor and attorney
general, open and count said returns; and II IL
shall appear from the returns that majority Of
the votes were cast for said amendment, IL shall
be the duty of the governor on the following
day to issue his proclamation setting forth the
fact that said amendment has received a ma
jority of the votes caet at said election and
ehall proclaim that said amendment has be-
come and is a part Of the state constitution
and this amendment shall take effect from and
after said proclamation.
Passed March IA, 1881, By UOte Of tlOo- thirds Of
all the members elected TO each house
Joint Resolution Amending Section "A Of article
LIOf The C0nstitutiun Of the State Of IsTds.
SECTION 1. Be 10 ResoIUtd 6v the Legislature
of the State Of Teas, That section twenty-fo
GA of article Of the constitution of the state
of Texas be go amended as to hereafter read as
follows Viz: