The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-29
HIGHEST COURT DECISIONS.
Synopses of Decisions Handed Down
at the Last Sitting.
TEXAREANA COURT KNOCKED OUT.
mt the County scats-The Miller
Barrier Case Reversed.


court today:
j. c. WHlTNER VS.. W. Il. BELKN.AP
n CO.-Certined questions IN a case
from Bowie county, Firth dsttict-Ques-
tions answered and opinion ordered to
be certified.
Quention lis the act of the Twenty
fourth legislature, entitled IAN act to o.
taolsh a court at Texarkanl, in Bowie
county, 10 be styled Texartnna civil and
criminal court, and to prescribe the iurls-
dietion thereof" etc, constitutional?
1t Is not necessary for us to determine
at the present time what character Of
courts. other than those named in the
constitution may be created by the leg
stature under the provisions If article
b. section l. of the constitution. as
amended, for the reason that the lie ss-
lature has not, in our opinion. attempted
IN this instance to exercise the power
tcro'n conferred
looking at the provisions of the law
under consideration, would any lawyer
hesitate FOR a moment to write into the
act the words district court of Bowie
county," We think not. It. has all the
jurisdiction that could be conferred upon
the district court OF chat county. except
In probate matters; it's officers are those
OF the district court, its grand aud petit
1uries arc selected ana governed hy tho
Same statutes. It's rules Of procedure are
thu same ami the expenses OF holding tho
court are to ne paid under the same pro-
VISIONS ui the law. Ia other words, Wucr-
ever the constitution or the law now uses
INC words district court or when they
may hereafter be Used in Tho laws OF
ms state they are to embrace and APP
ply to the court created by the act under
ctuaiIerttion. In every essential clement
IL Is district court. and tho effect of the
law IL TO make II such a court. no matter
what It may be called How il could he
onrraa ed in all laws enacted 10 govern
me district courts and not be that char
"etcr oil court Itself. IS difficult to under
stand. The legislature could not change
THIS effect Of the law hy calling II the
Ie&arkana civil and criminal court" The
sHnstauee ana not the name must govern
III tho construction OF Il law.
Being district court, does the constitu-
uph, expressly or by necessary implca-
tloH, forbid the enactment of such a law
as ihls Article .. section I. OF the cousti-
union provides for dividing the State into
juiicial districts and for the election of "A
judge fer each district, prcscrbcs his
organisations, residence and term Of
Office. and specially provides as follows.
lie shall hold the regular terms of his
court M the county seat of each county
Ia ms district at least twice in each venr
m sucn manner as may be prescribed by
Jaw. Iho legislature shHll have power
uA general ANA special laws to auth 0rige
the holding OF special terms of court or
en" hoidlnE or more than Two terms In any
county Tor the dispatch Of business"
This section OF the constitution spectn-
chIiy requires the judge OF a. district court
10 holi tn" regular terms Of his court at
the county seat. 1T follows that ho ran
not hold regular term OF his court at
any other place. The legislature had no
lower - AUTHORIZES or require A district
judge To DO that which the constitution
iurnAde MN to do.
ms court julicially knows that Tex
aFhhna Is not the county seat OF Bowie
county, hut that Boston is the county
seal or that county. The act under com
sideiaiiou having provided IN effect for a
district court, a regular term OF the court
created can not he held elsewhere than n
the county sent.
The rpgular terms Of court mentioned H.,
tll' constitution means thtso terms which
ar" prescribed by law and which are 10
pe hrid I'D "nch year at the times named
10y me statute. Tho terms of court pro-
scrihed hy this act are to he held at fixed
dates twice In each year and are. within
me meaning OF the constitution. regular
terms OF me court Therefore, In answer
10 IN" irst question We answer. that the
lri nl"AucueJ was passed In violation Of
tho constitution,
If the court crearod hv this act IL NOT u
district court Of Bowie county. then tho
law IA Noid because II has no provision
FOR any Judge TO preside therein eNcept
the Judge nt the district court and no
provision fer any clerk Of such coutt
cNr"pt the clerk of the district court Of
Bowic county. Neither has Il any prn.
vision for selecting such officers in the
tirder the constitution. no person, with
certain executions. can hold or exercise
more thnu enc civil office OF omcImcut
II 1t were admitigd TINT this would not be.
as TO the district Judge, an office of
emolumeut, Il is nevertheless such duty
as the legislature could not c0mpcl him
to perform ana It would simply be mat
ter OF choice on his part whether he
would hold the court or NOT Tho ofVfon