The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-10-13
OUR HIGHER COURTS.
HISTORY OF THEIR GROWTH FROM
THEIR EARLIEST DAY,
The Courts as Now Established and the
New Rules to Govern the Supreme
Court-The Opening Work I'm
der New REIMBURSEMENT.

10 anyone interested in the juris
prudence Of Texas short study o
the supreme court OF the state will be
of some benefit, for to properly study
any subject one must know its source
Doubtless many will be surprised to
learn that the supreme court has just
settled down to work after undergo
ing its seventh change, and this, not
withstanding the fact that it has been
but little more than half a century
since Texas threw off the yoke of
Mexico and became separate COM
monwealth.
When Texas as republic took its
place among the nations the supreme
court was established by an act of
congress on the 18th day of December,
1885. AS then constituted it was to
consist of one supreme judge, who was
styled chief justice, and the district
judges of the several judicial districts.
The chief justice was elected by a joint
vote of the two houses of congress for
a term of four years, with an annual
salary of $4,000. The court was given
both civil and criminal Jurisdiction.
BY act of congress of Jan. %, 1912, the
court was authorized to hold an an
nual adjourned session at the town of
Nacogdoches to hear appeals from the
district courts of the Fifth, Sixth and
Seventh judicial districts, and about
two weeks later, on Feb. 8, Washing
ton in Washington county was desig-
mated as the place for the court to sit
on and after the second Monday in
June of the following year.
On December 20, 1S45, Texas was
admitted into the Union, "A new consti-
tuition conforming to the changed con-
dition of affairs having been adopted
on the 27t h day of the previous
August. According to its terms the
supreme court of the state was to be
composed of one chief justice and two
associate Judges, its sessions were to
be held between October and June at
not more than three places in the
state.
The First legislature, by act of May
II, 1916, made but one district of the
state and located the supreme court
at Austin, but the Third legislature
In 1850 amended this act so as to allow
the terms to be held at Austin, Tyler
and Galveston. The judges were
elected by a vote of the people and
received salary of $4,000 annually.
The first supreme court under the
state of Texas was made up of John
Hemphill who had served as chief
Justice of the court under the republic,
Abner s. Lipscomb and Royal L.
Wheeler. The first was chief justice.
Notwithstanding the fact that Texas
has been blessed, even in the stirring
DAYS of secession, with wise and pa
triotic judiciary, it is generally con-
ceded that no three men ever wore the
judicial ermine who were better fitted
TO administer the laws than those who
composed the original, or as it is usu-
allycalled the "old" court.
For more than ten years these men
laOOr6u COuoldnllJ, OiOi ~ INN NiOP-
ned out, the charmed circle was
broken, Abner S. Lipscomb who had
been Judge so long stood before the
bar of God awaiting His decree.
o. M. Roberts was chosen to fill his
place and it was soon found that the
court lost nothing of its power, moth
ing of its usefulness, nothing of its
patriotism by the change.
The second change to occur in the
court was in 1861. The new constitu-
zion adopted that year provided that
the Judges should be appointed by
fhe governor with the advice and con-
sent of two.thirds Of the senate. The
number of judges remained the same,
but their term of office was changed
Under this change the court was
OF Royal L. Wheeler, chief
;ustice: James II. Bell and George f.
Moore, and afterwards OF o. M.
Roberts, chief justice; George f. Moore
and Reuben A. Reeves.
The constitution of 1855 made rad
ical change in the construction of the
court. The number Of judges was
changed from three to five, the mode