The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-28
(R FROM COURT OF CRIMINAL APPEAL {

tr,o. .u NOT change the jurisdlotion q, -.
org e' court is evident from Inc " ~ .he uis
tha VI me principal reasons for go. 49, !ua
4 ra,,u p'esent constitution WINS !, ,s.a y
ne one Oh unlimited general ,nrss as Una
u u,ai court, except as 10 ms ss"i ".
1'hess la were reserved in inferior c,,,,r,
| irr,sS,a aueeu powers were placed wi,b,n ~
fha ,,.s,s.onn Oh the district court n a,ss'
In Inc cnns,i. piaeed upcn Its jurisaictis.
| furtbe. constitution OF 1875. This a. n !,
| iur.ner borne out by the fsrt ,ha W. luea u
ar,,a is the only trial court sn,ie ~ !.
49, OF The constitution. wboea .,.,i II
i nssa,n - authorized Ia be eh,,cad luis
H. lure. II 1t b. conceded n, 49,, s.'
nv nv lat.er clause OF article sse,,s,
cr ora present constitutions the lrglsla,mrs =.
finn ~ o ,i courts and adjust the ,urIsdic'
follow -. ior courts thereat II does moi
sitien ~ Nv, ~, uo we believe IL sound promo.
that IN "a 'he lace OF what has boon saia
INC legislature can denriva III, sa.u.
4, OF its general powers confarroS 49,,
- ny section OF the constitution i M y
dar ,ns ~, initiate against the idea thai Nm ]
- Saiu article or section th.s ,eyis,,,,,,..
10y 10y create such other courts as o.a ~,
ns.,' IN the constitution. In the ne,nra n,
dts,s.,it or adjunct courts 10 assist In M
asrnoia,,.. oI the litigation In this Snte
-tnis 49,. III regard to criminal cases. That
I..~ ,.ts. d a
,,. y. 10 diyest the district co,,rs ~
m ms constitutional authority. tSee ~ ,,s,,a
q, we ~ % Tex, al; ex t,arte (;innanh,n
-, zen. Trim Rep. $751; and ntitbn,ittcs
-onere clted; State VS.. Noble u Il n p ,sao9
l1lo.3 we could call especial aftenf;nn :. X
,t ,ns iast case cited II deals with the. sinh.
!ec. unoer discussion in the most forcibla
reasoning. 49, uii9us"erapie
/, IN connection with the iron t,styo,, ~.
~. .ne constitution did not int,,il ia s,,.t'a
~ o1e au'hority OF municipal courts MS A nara
49,, Wy Juuiciai power OF this State M.
"ouiu revert to the terms of ron op,s,a,,s
~ OF 1891 for Il moment In ih,.
,1 ns'iuiient the number OF JUSTICES nr ,be
i pedce are Increased, SO shat IN citfa. 81.
.o . OF .sVoo inhabitants o. more II is -.
~ - mere shall be tive JUSTICES NJ
81 49,. ms is evidence of the lrliey
80, intent Oh the trainers OF tina. instrn-
tNs.e 10 provide sufficient number nf
sueh Justices for the transaction Of al, ,iii.
sation OF general nature "a said ,it,ns
Mi.nout recourse TO city courts, and With
~. 'eohierrlns upon such courts such i,lis-
uiotioh as is exercised by State courts 4 ms
Mouia seem also to indicate THAI the fram.
eis OF the amended constitution of itgj
~, IN MIND the same idea shat pcrvaded
.ne minus o! the trainers Of the cons.;,u
s,ou VI ioe'' When corporation courts we've
omitted from that instrumea., and wnro
following the construction nl9cel ,nnn ~
same oy the supreme court n Bigby aud
ifoimes cases supra. aud tYas it was In,
sshueo merely TO keep the city sn,its
eliminated from the judicial power nf his
state. There Is no purpose manifested
anywhere in article 5 to reinycst eo,r,In-
tion courts with judicial authority or 10
lonse'tute them part OF the judicial s,s-
TEN OF our state On tho contrary II; !
seems 10 have been the intention If the |
'ral,iels ot ail the constitutions from 1879 |
10 1871, inclusive. 10 prevent the legis,t |
lure from comforting jurisdiction upon such |
corporation court to try violation of te /
PENAL code. Wherever ;he constitution vests |
udictai power 1t must 50 rametn ana the t
legislature has no right to invade 1t or |
suspend II, unless express authority is |
gwen in that instrument. 'rhs Legislature /
'as no authority 10 chnnge the organiya-
ion of the judicial sy5t4n. nor can that
1ody under the gulse OF creating either
'ourts' diyest the district court or .ne
It is true. Inc legislature may
establish other courts hut this has been
inder all the constitutions IN the State OF
Texas since 1915. but at no tmn has ).
yer been held that the legislature could
estroy constitutional courts under and ~
'irtue of this general authority 10 create
such other courts unless VIC lind Sueh
decision In Harris eanpty VS., Stewart.
upia- The judicial powor has been as
ributed by the organic law, and Is bevoul
legislative control II
Article of the consTi.1t.,a has eAprvss-
y provided that our govcrnrlent Shall con-
ist of three departments; the executive,
he judicial and the legislative; and 1t IL
urther provided therein that neither 0:
he departments shall invade the prerceG-
ives OF the Others, gnd the courts ;he,n- Z,
elves nor the executive. nor the leeisia- {
IRE have authority 70 diNest themselves I
the high trusts and rreroyatiYcs and {
uties imposed by the constitution. The !
ourts ere as much bould IL maintain their |
and power az they are n MAIN [
lin the authority of the co-ordine Q 8
ranches of the government, and to pro- !
,ct the executive from the legislative, and {
he legislative from the executive, The c
ounds OF the authority of each oo-ordlua1r i
apartment Of the government have aoen &
Il and fixed by the terms OF The copstifu- b
on, and as they are more written they C
ust be maintained. re the legislature can &
infer exclusive jurisdi ion upon 4 court II
It's own creation 70 the exclusion Of the C
court then Ihat would .e u
II an indirect means OF abollghing the Il
,nrt itself, because It could by divcsfh +
e constitutional court Of Its power 1T u
lie time or another. lalve IT without any o
risdlciion whatever, and while 1t might Il
It abolish the court IN name, 1t would Il
, so in fnct. So If the legislature as il
@ power to confer the jurisdiction Of tie Il
strict court upon some other trlhnSal, CT
en- il follows That II can MT only II. as tC
late, hut actually destroy said court AS IL
III as tho judicial syst IN itself. o.
In Whitner VS.. Beliluap, 80 TtSs5, 20, Il
e supreme court seens to have tak. N
is view OF the matter In that case ne "
preme court beld nn;1nstintional arm r
id the act Of the Twn1ty fourth iePis- tt
.ure wherein It sought TO create civil in
d criminal court aud prescribe It's ~ ls- CT
,tion and organization and conform rs q
risdiction to other courts. Said act CON 81
red upon said civil AMI criminal cont tt
II the Jurisdiction. powsr and authoras Ia
both civil and criminal cases whhh - al
" or may hereafter be vested By we III
,Etltution OF this Stete. except such jo- q
dlet,en. power and authority as are ~ s. d,
ly withheld from sald court by tins 10
,rter And II further gives Il exclusive 10
einal jurisdiction ~ all criminal cases, m
h fslonies and misdemenlns. WHERE he ey
a,,.a ,,,as non,utlttad ia nowie county. ~,