USA > Texas > A School History of Texas: From Its Discovery in 1685 to 1893. For the Use of Schools, Academies, Convents, Seminaries, and all Institutions of Learning > Part 20
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In January, 1891, James S. Hogg* became Governor, George C. Pendleton of Bell, Lieutenant-Governor.
Convention of 1875. He retired from the governorship in 1891, and was called to the presidency of the State Agricultural and Mechanical College at Beyan.
* James S. Hogg was born in Cherokee County, Texas, and is the first native of the State to become its Chief Magistrate.
He first became a printer, then editor and lawyer, serving two terms as district attorney. From 1887 to 1891 he served two terms as Attorney-General of the State.
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Governor Hogg's second term began January, 1893, A. M. Crane of Johnson County being Lieutenant-Governor. The Legislature in 1891 passed two laws of great impor- tance, upon which the public became divided.
These new laws were, one creating a State Railroad Com- mission of three persons, clothed with power to regulate charges in the State, and prevent discriminations against per- sons or places. The other law was in relation to foreigners or aliens holding land in Texas.
Governor Hogg reconvened the Legislature March 14, 1892, and that body modified the Alien Land Law in a man- ner designed to remedy alleged defects. United States Sen- ator John H. Reagan was appointed President of the Rail- road Commission ; his seat in the Senate was temporarily filled by Horace Chilton of Smith County until March, 1892, when Roger Q. Mills of Navarro, then serving his twentieth year in Congress, was elected to complete the term ending March 4, 1893 ; but in January, 1893, he was elected for a full term of six years, from March, 1893.
Governor Hogg's administrations have fallen during a re- currence of one of the periodic financial disturbances which have visited the United States at intervals since the last war with Great Britain. During his terms of office great changes have been made in the constitution and laws in the judicial department of the government, favorable to a more prompt and less expensive administration of justice.
THE COURTS.
1. A supreme court of three judges.
2. Five supreme districts of three judges each, to which appeals lie in all civil cases from the district courts, consist- ing of one judge each, under which a court is held in every organized county. Decisions in the supreme districts are final, excepting in certain specified cases wherein appeal may be taken to the State Supreme Court.
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3. A State Criminal Court of Appeals, holding annual sessions at Dallas, Austin, and Galveston. To this court appeals lie in all criminal cases from the districts courts ; or, where criminal district courts exist by special enactment, and having exclusive criminal jurisdictions, as in Galveston, Houston, Dallas. and a few other counties, the appeals lie directly to the Court of Appeals.
CONCLUSION.
The men of Red River and the Gulf, those of the East and the West, stood shoulder to shoulder against Mexicans and Indians, heart to heart in loyalty, and. together, with knitted brows, wrought out the problems of Texas as an independent republic, as a State of the Union, as a State of the Confed- cracy ; and, like brave and true men. made the best of their disappointment, and Texas took her place again among the States of the Union. Now, with her distant borders drawing more and more closely together, she presents herself with her immense geographical proportions, her accumulated experi- ence, the rapid development of her numberless and exhaust- less resources, the steady march of her progress in all that tends to elevate and adorn social life-a rival in all. Her history and the star of her destiny are a legacy challenging the eternal vigilance of her people.
QUESTIONS. - When did Hubbard become Governor ? What improvements were made during his administration ? What of the State debt ? What of the cause of education ? When was Roberts elected Governor ? What was his policy ? What, as an emergency, did he urge with regard to the school funds ? What did the people finally conclude ? When was he reelected ? Give an account of his second administration. When was Ireland elected Governor ? When was he reelected ? What were some of the grave questions of Ireland's administration ? What of the penitentaries ? What purchase was made ? What payment was made by the United States ? What of a reformatory ? What of the new capitol ? When was Ross first elected Governor ? When was he reclected ? What important matters came up during his two terms ? When was Hogg elected Gov- erner ? What new laws were enacted ? Why did Governor Hogg reconvene the Legisla- ture ? Who was appointed president of the Railroad Commission ? Who temporarily filled Reagan's seat in Congress ? For how long a time ? Who was elected to complete the term ? When was he elected for a term ? What changes have been made with regard to laws in the judicial department ?
CONSTITUTION
OF THE
STATE OF TEXAS.
ADOPTED BY THE CONSTITUTIONAL CONVENTION BEGUN AND HELD AT THE CITY OF AUSTIN ON THE SIXTH DAY OF SEPTEMBER, 1875.
WITH AMENDMENTS DECLARED ADOPTED OCT. 14, 1879; SEPT. 25, 1883 ; DEC. 19, 1890 ; AND SEPT. 22, 1891.
PREAMBLE.
HUMBLY invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS.
That the general, great, and essential principles of liberty and free government may be recognized and established, we declare :
SECTION 1. Texas is a free and independent state, subject only to the constitution of the United States ; and the maintenance of our free institutions and the perpetuity of the Union depend upon the preserva- tion of the right of local self-government unimpaired to all the states.
SEC. 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preser- vation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
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SEC. 3. All free men when they form a social compact, have equal rights, and no man or set of men, is entitled to exclusive separate public emoluments or privileges, but in consideration of public services.
SEC. 4. No religious test shall ever be required as a qualification to any office, or public trust, in this state ; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
SEC. 5. No person shall be disqualified to give evidence in any of the courts of this state on account of his religious opinions, or for want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
. SEC. 6. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
SEC. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect or religious society, theological or religious seminary ; nor shall property belonging to the state be appropriated for any such purposes.
SEC. 8. Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter pub- lished is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
SEC. 9. The people shall be secure in their persons, houses, papers, and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without de- scribing them as near as may be, nor without probable cause, supported by oath or affirmation.
SEC. 10. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself or counsel or both ; shall be confronted with the witnesses against him, and shall have com- pulsory process for obtaining witnesses in his favor. And no person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeach- ment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.
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SEC. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident ; but this provision shall not be so construed as to prevent bail after indictment found, upon examination of the evidence in such manner as may be prescribed by law.
SEC. 12. The writ of habeas corpus is a writ of right, and shall never be suspended. The legislature shall enact laws to render the remedy speedy and effectual.
SEC. 13. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him in his lands, goods, per- son or reputation, shall have remedy by due course of law.
SEC. 14. No person, for the same offense, shall be twice put in jeopardy of life or liberty ; nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction.
SEC. 15. The right of trial by jury shall remain inviolate. The legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.
SEC. 16. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.
SEC. 17. No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person ; and, when taken, except for the use of the state, such compensation shall be first made, or secured by a deposit of money ; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made ; but all privileges and franchises granted by the legislature, or created under its authority, shall be subject to the control thereof.
SEC. 18. No person shall ever be imprisoned for debt.
SEC. 19. No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
SEc. 20. No citizen shall be outlawed; nor shall any person be trans- ported out of the state for any offense committed within the same.
SEC. 21. No conviction shall work corruption of blood, or forfeiture of estate; and the estates of those who destroy their own lives shall de- scend or vest as in case of natural death.
SEC. 22. Treason against the state shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.
SEC. 23. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state ; but the legislature shall have power by law to regulate the wearing of arms with a view to prevent crime.
SEC. 24. The military shall at all times be subordinate to the civil authority.
SEC. 25. No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law.
SEC. 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of pri- mogeniture or entailments ever be in force in this state.
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SEc. 27. The citizens shall have the right, in a peaceable manner, to assemble together for their common good. and apply to those invested with the powers of government for redress of grievances or other pur- poses, by petition, address. or remonstrance.
SEC. 28. No power of suspending laws in this state shall be exercised except by the legislature.
SEC. 29. To guard against transgressions of the high powers herein delegated, we declare that everything in this " Bill of Rights" is excepted out of the general powers of government, and shall forever remain invio- late, and all laws contrary thereto, or to the following provisions, shall be void.
ARTICLE II. THE POWERS OF GOVERNMENT.
SECTION 1. The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be con- fided to a separate body of magistracy, to wit : Those which are legislative to one, those which are executive to another, and those which are judicial to another ; and no person, or collection of persons, being of one of these departments. shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
ARTICLE III. LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power of this state shall be vested in a senate and house of representatives, which together shall be styled "The Legislature of the State of Texas."
SEC. 2. The Senate shall consist of thirty-one members, and shall never be increased above this number. The house of representatives shall consist of ninety-three members until the first apportionment after the adoption of this constitution, when, or at any apportionment thereafter, the number of representatives may be increased by the legis- lature, upon the ratio of not more than one representative for every fif- teen thousand inhabitants ; provided, the number of representatives shall never exceed one hundred and fifty.
SEc. 3. The senators shall be chosen by the qualified electors for the term of four years ; but a new senate shall be chosen after every appor- tionment, and the senators elected after each apportionment shall be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one-half of the sena- tors shall be chosen biennially thereafter.
SEC. 4. The members of the house of representatives shall be chosen by the qualified electors. and their term of office shall be two years from the day of their election.
SEC. 5. The legislature shall meet every two years, at such time as may be provided by law, and at other times when convened by the governor.
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SEC. 6. No person shall be a senator unless he be a citizen of the United States, and at the time of his election a qualified elector of this state, and shall have been a resident of this state five years next preced- ing his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years.
SEC. 7. No person shall be a representative unless he be a citizen of the United States, and at the time of his election a qualified elector of this state, and shall have been a resident of this state two years next preced- ing his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years.
SEC. 8. Each house shall be the judge of the qualifications and election of its own members ; but contested elections shall be determined in such manner as shall be provided by law.
SEC. 9. The senate shall, at the beginning and close of each session, and at such other times as may be necessary, elect one of its members president pro tempore, who shall perform the duties of the lieutenant- governor in any case of absence or disability of that officer, and whenever the said office of lieutenant-governor shall be vacant. The house of rep- resentatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a speaker from its own members ; and each house shall choose its other officers.
SEC. 10. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may provide.
SEC. 11. Each house may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two- thirds, expel a member, but not a second time for the same offense.
SEC. 12. Each house shall keep a journal of its proceedings, and pub- lish the same ; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journals.
SEC. 13. When vacancies occur in either house, the governor, or the person exercising the power of the governor, shall issue writs of election to fill such vacancies ; and should the governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened shall be authorized to order an election for that purpose.
SEC. 14. Senators and representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the ses- sion of the legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the legislature is convened.
SEC. 15. Each house may punish, by imprisonment, during its ses- sions, any person not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings ; provided, such imprisonment shall not, at any one time, exceed forty-eight hours.
SEC. 16. The sessions of each house shall be open, except the senate when in executive session.
SEC. 17. Neither house shall, without the consent of the other, adjouru
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for more than three days, nor to any other place than that where the legislature may be sitting.
SEC. 18. No senator or representative shall, during the term for which he may be elected, be eligible to any civil office of profit under this state which shall have been created or the emoluments of which may have been increased during such term ; no member of either house shall, during the term for which he is elected, be eligible to any office or place, the appoint- ment to which may be made, in whole or in part, by either branch of the legislature ; and no member of either house shall vote for any other member for any office whatever, which may be filled by a vote of the legislature, except in such cases as are in this constitution provided. Nor shall any member of the legislature be interested, either directly or indirectly, in any contract with the state, or any county thereof, author- ized by any law passed during the term for which he shall have been elected.
SEC. 19. No judge of any court, secretary of state, attorney-general, clerk of any court of record, or any person holding a lucrative office under the United States, or this state, or any foreign government, shall, dur- ing the term for which he is elected or appointed, be eligible to the legislature.
SEC. 20. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to the legislature, or to any office of profit or trust under the state government, until he shall have obtained a discharge for the amount of such collections, or for all public moneys with which he may have been entrusted.
SEC. 21. No member shall be questioned in any other place for words spoken in debate in either house.
SEC. 22. A member who has a personal or private interest in any measure or bill, proposed or pending before the legislature, shall dis- close the fact to the house of which he is a member, and shall not vote thereon.
SEC. 23. If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this article.
SEC. 24. The members of the legislature shall receive from the public treasury such compensation for their services as may from time to time be provided by law, not exceeding five dollars per day for the first sixty days of each session ; and after that not exceeding two dollars per day for the remainder of the session ; except the first session held under this constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem, the mem- bers of each house shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land regardless of railways or water routes ; and the comptroller of the state shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member shall be paid ; but no
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member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session.
, SEC. 25. The state shall be divided into senatorial districts of contigu- ous territory according to the number of qualified electors, as nearly as may be, and each district shall be entitled to elect one senator, and no single county shall be entitled to more than one senator.
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SEC. 26. 'The members of the house of representatives shall be appor- tioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the popula- tion of the state, as ascertained by the most recent United States census, by the number of members of which the house is composed ; provided, that whenever a single county has sufficient population to be entitled to a representative, such county shall be formed into a separate representa- tive district, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other ; and when any one county has more than sufficient population to be en- titled to one or more representatives, such representative or representa- tives shall be apportioned to such county, and for any surplus of popula- tion it may be joined in a representative district with any other contiguous county or counties.
SEC. 27. Elections for senators and representatives shall be general throughout the state, and shall be regulated by law.
SEC. 28. The legislature shall, at its first session after the publication of each United States decennial census, apportion the state into senatorial and representative districts, agreeably to the provisions of sections 25 and 26 of this article ; and until the next decennial census, when the first apportionment shall be made by the legislature, the state shall be and it is hereby divided into senatorial and representative districts as provided by an ordinance of the convention on that subject.
PROCEEDINGS.
SEC. 29. The enacting clause of all laws shall be, " Be it enacted by the legislature of the State of Texas."
SEC. 30. No law shall be passed except by bill, and no bill shall be so amended in its passage through either house as to change its original. purpose.
SEC. 31. Bills may originate in either house, and when passed by such house may be amended, altered, or rejected by the other.
SEC. 32. No bill shall have the force of a law until it has been read on three several days in each house, and free discussion allowed thereon ; but in cases of imperative public necessity (which necessity shall be stated in a preamble, or in the body of the bill), four-fifths of the house in which the bill may be pending may suspend this rule, the yeas and nays being taken on the question of suspension, and entered upon the journals.
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