The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-17
JOINT RESOLUTION.
PROPOSING AN AMENDMENT To
ARTICLE V. OF THE CONSTI-
TUITION.


PROPOSING AN AMENDMENT To
ARTICLE V. OF THE CONSTI-
TUITION.
The following letter and accompanying
resolutions are self-explanatory:
Hon. A. j. Peeler, President of the Texas Bar AS
ISOLATION
SIR: The undersigned members of the
committee appointed at the last annual
meeting of the association to prepare a
draft of proposed amendment to article
o of the state constitution, have per-
formed the duty assigned them, and sub
NIT the following as the result of their
labors. Very respectfully,
o. NJ. ROBERTS,
Chairman.
| R. S. GOULD,
| B. W. BAssETT,
JOHN HANCOCK,
JNo. B. RECTOR.
Be it Resolved by the legislature of the
State of Texas, That article 8, of the con-
stitution of the state, shall be so amended
as hereafter TO read as follows, to-wit:
ARTICLE v.-JUDICIAL DEPARTMENT.
SECTION l. The judicial power of this
state shall be vested in supreme court,
in a court of appeals, in district courts,
and in such other inferior courts and mag
istrates as may be created by this constl-
tuition or by the Legislature undel its au-
thority.
SUPREME COURT.
Sec 2. The supreme court shall consist
of seven justices, who shall be elected by
the qualified voters of the state at gen
eral election, and who shall hold their of
fees for the term of eight years from the
date of their respective elections.
Sec. 3. The chief justice and associate
jus tices of the existing supreme court, or
SUI h of them as there may be, who shall
be in office at the time when this amend
ment shall take effect, shall be Justices of
the supreme court hereby established, and
shall hold their said offices until the ex-
piration of their respective terms under
their former elections or appointments.
Upon the adoption of this amendment
the governor shall appoint the requisite
number of additional justices to consti-
tute, with those above designated, court
of seven members. The justices so ap-
pointed shall hold their offices until the
next general election.
| Sec. 4. The justices of the supreme
court shall select from their own number
presiding officer, who shall be called the
chief Justice, and who shall hold for such
term and perform such duties as may be
| prescribed by the court; provided, the
chief justice who may be in office at the
time when this amendment shall take eff
feet, shall be the chief justice of the SUI
preme court hereby established, until the
expiration of his term of Office under his
former election or appointment.
Sec 5. Each justice of the supreme
court shall be qualified voter, shall have
arrived at the age of thirty years, and
shall bave been practicing lawyer in this
state, or Judge of diStrict court there
in, or such Judge and lawyer together, at
least seven years at the time of his cleo
ton or appointment.
Sec 6. Each justice of the supreme
court shall receive an annual salary of not
less than five thousand dollars.
| Sec. Z. The supreme court shall have
under such regulations as may be pre-.
scribed by law, appellate jurisdiction CO.
extensive with the limits of the state, OF
all final judgments rendered by the dis
trict courts in civil cases originating il
the district court, and in all matters OF
probate. There shall be no appeal OF
civil cases originating in the county anc
justices courts to the supreme court.
| Sec. 8. The supreme court and the jus
tees thereof, shall have power to issue al
such writs known to the law as may b.
necessary to the exercise of its jurisdic
ton, or to enforce the same. They shall
also have power to mandamus or other
wise to compel the district courts to pro
coed with the trial of cases pending in
said courts, of which the supreme court
would have cognizance on appeal.
| Sec. 8. The supreme court shall also
have power, upon affidavit or otherwise
as by the court may be thought proper
to ascertain such matters of fact as may
be necessary in the exercise of its juris-
| diction.
Sec. 10. The supreme court shall have
power to make rules of procedure for Its
own government and the government OF
the other courts OF the state; provided
such rules shall not be inconsistent with
the laws of the state.
Sec. IL. The supreme court shall ap'
point clerk for each place at which il
may sit, who shall hold his Office for -four
years, subject to removal by the court, land
who shall give such bond as is or may be
prescribed by law.
Sec. II. The supreme court shall sit
for the transaction OF business, from the
first Monday in October to the last Sat
urday in June of every year, at the seat OF
government, and at not more than two
other places in the state, or at the seat OF
government only if the legislature shall
hereafter so provide.
Sec ID. The supreme court may, with
| the concurrence of not less than four OF
the justices thereof, organize for the more
speedy dispatch of business in two divis-
ions, each to consist of at least three of
the justices, but two members of divis-
ion shall constitute quorum thert of.
Each division shall have power to hear
and determine such cases as may be as
signed to it by the court When any
member of division fails to concur in
the decision of case, the case shall be re-
ferred back for decision to quorum of
the whole court. No justice shall be as
signed permanently to either division, but
the several justices may alternate under
such rules as majority of the whole court
may prescribe. The chief justice may
preside over either of said divisions, at
his election, and division over which ne
does not preside may select one of its own