The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-09-20

~. .ASDl- lJttA 5ItI, COluulloolOAcl VI III
surance, furnishes certificate that the
Union Insurance company, of Phila-
delpbia, with a capital of $4,000 and
gross assets OF 1881, 1856 is permitted
by the commissioner to transact bust
ness in Texas through Aug. Butler as
agent.
ATTORNEY & ENERAL'S DEPARTMENT.
The attorney general has not yet in
stituted suit against ex-Comptroller
Brown, but will probably do so to-
day for about $500, the amount of
bis alleged deficit. The ex-comptroller
viii stand suit, as he does not &C
knowledge The deficit as justly ext
gible against him and his sureties.
STAT CAPITAL BOARD.
This board was in session yesterday
70 consider the question of the amount
of concrete necessary for the inside
walls of the new capitol. The matter
was referred to the capitol commits
Sioners, and the board will meet again
to-day to bear the report of the COM
nissioners.
TIE STATE UNIVERSITY.
The following were matriculated
since our last report, making 12g
registered to date, including twenty
six young ladies':
j. i. Browning, Calvert, Tex.
academic department..
w. >. Harding, Howe, Tex, law de-
partment.
@. II. Policy, Sexton. Tex, academic
department
&. b. Millett, Bertram, Tex, acad-
. emic department.
Miss Lucy J. Smyth, Austin, Tex.
academic department.
= Miss Eugenia Collett, Austin, Tex.
academic department.
Miss Annie p. Goggin, Austin, Tex.
academic department.
Frank 5. Allen, Galveston, Tex.
academic department.
a mistake was made, yesterday, in
reporting y. j. Pitt as having matric-
ilated in the academic department OF
the university. He is a student in
the law school.
COURT OF APPEALS CASES.
Judges White and Wilson's new
book OF abstract opinions of the court
of appeals is about completed. II
VIII embrace abstracts of about Coz
cases, and he volume of about S0(
pages
Report of the Bar Committee.
uin L. T. Fillmore, County Judge, Etc:
S'ir-The committee of members Of
The bar appointed by you with the re
quest that they prepare an opinion az
60 the effect of the adoption of the re
cent amendment to article 3 of thu
constitution upon the terms and jurls
diction Of the county court as now
constituted, and especially with refer
ence to the present term of said court
beg leave TO report that they have
given the questions submitted sucl
consideration and investigation as thu
limited time allowed them will per
NIT, and submit the following as theil
: conclusions:
Lfhat the amendment, if adopted
does not take effect as a part of the
organic law of the state until the re
turns of the election are canvasseC
and the result declared by the secre
tary of state. as required by the pro
visions OF article % of the constitu
ton. When this has been done, thu
governor, by his proclamation, make;
known the result of the election.
The legls azure, by JOINT resolution
No. 8, provided that all amendments
to the constitution proposed by the
Eighteenth Legislature should bt
submitted TO the people at an election
~ w. uclO Oh IIl6 S6COuu Iu6S
e;iSS, = August, 1883, unless other.
ai5y pro ided in such amendments,
al,l TIA, such election should be hel(
rs PROVIDED in article %, section l, Of
Differentiation.
Tiers IS no law specified regulat
g.g elections on the adoption or re
fltlpe 1T amendments to the cOnSti
Alto.
atf 81, f7SQ IF tba rary;cod cfofrk oe
Provides nat the law regulating cleo.
ttnns ~ officers shall apply to cleo
l9ns Of ler purposes.
atEtcia ITO, provides that in state
eiecuons, the secretary of state shall
open and count the returns of such
5 elections on the fortieth day after the
election, the day of election enclosed
and not before.
The election was held on August
u, 1888, on the fortieth day thereaf
ter, will be September "a, 1883. On
that day and not until that day can
the returns be opened, and the result
OF the election be officially and legal
" made known in the manner point
ed out in the provision of the consti
tuition above quoted.
We, therefore, conclude that the
amendment does not take effect so as
to change existing laws, until Mon.
day September "a, 1888, and that
the present term of this court would
be constitutional and legal up to that
time. il indeed the adoption of the
amendment could effect the present
term in any manner. But upon this
latter point we express no opinion.
z. That under the amendment the
regular terms of the court will here
after begin on the first Mondays in
February, May, August and Novem.
Der, for both cjXil and criminal bust
less, Until this Siple is changed by
act OF the legislature or by the COM
mssioners court of the county. The
amendment is self-executing in so far
as it fixes the terms for the future,
and, in this respect, appears to need
no legislation.
3. That the county commissioners
court, under the provisions of this
amendment, is empowered to fix the
regular terms of the county court, and
II would seem, also special terms
thereof under authority of law. We
infer from Arts. 1925 and 1926, r. s.,
that this action might be taken either
- a regular or special term of the
ON nissioners court. But, in view
of the Importance of the action, we
would suggest that such orders be
made only at regular term.
4. That the power given to the
county court to dispose of probate
business in vacation, "under such reg
ulations as may be provided by law
in our opinion requires further legis-
lation. We do not believe that any
probate business can be properly dis
posed of by the court in vacation. ex-
cept as authorized by law, until the
legislature shall prescribe the neces-
sary regulations giving effect to this
provision.
8. That the November term of the
county court, as provided in said
smendment, will be in all respects a
regular term for the transaction of all
business on the civil, probate and
criminal dockets of which the county
court has jurisdiction.
.. While our opinion is clear as to
Your right to hold the present term of
court. at least until Monday next. vet.
in order that there may arise no con-
fusion. growing out of the difference
of opinion as to the constitutionality
and legality of this term, we believe
y eNpedient to adjourn the court for
the term, the next regular term being
the lirst Monday in November.
Respectfully submitted.