Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1891-05-21

Senate j. R. No. 16J Joint RESOLUTION to
Amend Sections 1, 2. 3, 4. 5. 6. :, 8. IL,
1s, 10 IS and 80. Article 8. OF the Con-
stithtion of the State of Texas.
Be it resolved by the Legislators of
the State of Texas: That sections 1, 2,
8. 4. ), 6. I. s. II. 10, 16, % and % of
article 3 of the Constitution of the State
of Texas be so amended as to hereafter
read as follows:
ARTICLE JUDICIAL DEPARTMENT.
Section 1. The judicial power of this
State shall be vested in one Supreme
Court, in courts Of Civil Appeals, in a
Court of Criminal Appeals, in District
Courts. in County Courts, in Commits
sioners' Courts, in Courts of Justices of
the Peace. and in such other courts as
may be provided by law. The Criminal
District Court of Galveston and Harris
counties shall continue with the district,
jurisdiction, and organization now ex-
isting by law until otherwise provided
by law. The Legislature may establish
such other courts as it may deem neces-
sary, and prescribe the jurisdiction and or
ganization thereof, and may conform the
jurisdiction of the district and other in
ferior courts thereto.
Section 3. The Supreme Court shall
consist of a chief justice and two asso-
ciate justices, any two of whom shall
constitute quorum, and the concur
renee of two judges shall be necessary
to the decision of case. No person
shall be eligible to the Office of chief
justice or associate justice of the Su-
preme Court unless he be at the time of
his election a citizen of the United
States and of this State, and unless he
shall have attained the age of thirty
years and shall have been practicing
lawyer or judge of a court, or such
lawyer and judge together, atleast seven
years. Said chief justice and associate
justices shall be elected by the qualified
voters of the State at a general election.
shall hold their offices six years or until
their successors are elected and quail
fed, and shall each receive an annual
salary of four thousand dollars until
otherwise provided by law. In case of
a vacancy in the Office of Chief Justice
of the Supreme Court the Governor
shall fill the vacancy until the next gen.
eral election for State officers, and at
such general election the vacancy for the
unexpired term shall be filled by cleo
ton by the qualified voters of the State.
The judges of the Supreme Court who
may be in office at the time this amend
ment takes effect shall continue in office
until the expiration of their term of
Office under the present Constitution and
until their successors are elected and
qualified.
Section 3. The Supreme Court shall
have appellate jurisdiction only except
as herein specified, which shall be CO.
extensive with the limits of the State.
Its appellate jurisdiction shall extend to
questions of law arising in cases of
which the Courts of Civil Appeals
have appellate jurisdiction, under such
restrictions and regulations as the Leg
islature may prescribe. Until otherwise
provided by law the appellate jurisdic-
ton of the Supreme Court shall extend
to questions of law arising in the cases
in the Courts of Civil Appeals in which
the judges of any Court of Civil Appeals
may disagree. or where the several
Courts of Civil Appeals may hold differ
emily on the same question of law, or
where statute of the State is held
void. The Supreme Court and the
justices thereof shall have power tc
issue writs of habeas corpus as may be
prescribed by law, and under such reg,
ulations as may be prescribed by law the
said courts and the justices thereof may
issue the writs of mandamus, proce.
dendo, certiorari, and such other writs
as may be necessary to enforce its juris-
diction. The Legislature may confer
original jurisdiction on the Supreme
Court to issue writs of quo warrantc
and mandamus in such cases as may be
specified, except as against the governor
of the State. The Supreme Court shall
also have power, upon affidavit or other
wise as by the court may be determined,
to ascertain such matters Of fact as may
be necessary to the proper exercise of its
jurisdiction. The Supreme Court shall
sit for the transaction of business from
the first Monday in October of each year
until the last Saturday of June in the
next year, inclusive, at the capital OF
the state. The Supreme Court shall ap-
point clerk, who shall give bond in
such manner as is now or may hereafter
be required by law, and he may hold his
Office for four years, and shall be subject
to removal by said court for good cause
entered of record on the minutes of said
court, who shall receive such compensa-
ton as the Legislature may provide.
Section 4. The Court of Criminal Ap-
peals shall consist of three judges, any
two of whom shall constitute quorum,
and the concurrence of two judges shall
be necessary to a decision of said court;
said judges shall have the same qualifi-
tons and receive the same salaries as
the judges of the Supreme Court. They
shall be elected by the qualified voters
Of the State at a general election, and
shall hold their offices for a term of six
years. In case of vacancy in the Office
of judge of the Court of Criminal Ap-
peals the Governor shall fill such vacan-
CIV by aDDOintment for the uneynired