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 22
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SEC. 23. The comptroller of public accounts, the treasurer, and the commissioner of the general land office, shall each hold office for the term of two years, and until his successor is qualified ; receive an annual sal- ary of two thousand and five hundred dollars, and no more ; reside at the capital of the state during his continuance in office ; and perform such duties as are or may be required of him by law. They and the sec- retary of state shall not receive to their own use any fees, costs or per- quisites of office. All fees that may be payable by law for any service performed by any officer specified in this section, or in his office, shall be paid, when received, into the state treasury.
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SEC. 24. An account shall be kept by the officers of the executive department, and by all officers and managers of state institutions, of all moneys and choses in action received and disbursed or otherwise disposed of by them, severally, from all sources, and for every service performed ; and a semi-annual report thereof shall be made to the governor under oath. The governor may at any time require information in writing from any and all of said officers or managers, upon any subject relating to the duties, condition, management and expenses of their respective offices and institutions, which information shall be required by the governor under oath, and the governor may also inspect their books, accounts. vouchers and public funds ; and any officer or manager who at any time shall wilfully make a false report or give false information, shall be
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guilty of perjury, and so adjudged and punished accordingly, and removed from office.
SEC. 25. The legislature shall pass efficient laws facilitating the inves- tigation of breaches of trust and duty by all custodians of public funds. and providing for their suspension from office on reasonable cause shown, and for the appointment of temporary incumbents of their offices during such suspension.
SEc. 26. The governor, by and with the advice and consent of two- thirds of the senate, shall appoint a convenient number of notaries public for each county, who shall perform such duties as now are or may be prescribed by law.
ARTICLE V. JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of this state shall be vested in one supreme court, in a court of appeals, in district courts. in county courts, in commissioners' courts, in courts of justices of the peace, and in such other courts as may be established by law. The legisla- ture may establish criminal district courts with such jurisdiction as it may prescribe, but no such courts shall be established unless the district includes a city containing at least thirty thousand inhabitants as ascertained by the census of the United States or other official census : provided, such town or city shall support said criminal district courts when established. The criminal district court of Galveston and Harris counties shall continue with the district, jurisdiction and organization now existing by law, until other- wise provided by law.
SEC. 2. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and the concurrence of two judges shall be necessary to the decision of a case. No person shall be eligible to the office of chief jus- tice or associate justice of the supreme 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 a practicing lawyer or a judge of a court in this state, or ruch lawyer and judge together, at least seven years. Said chief justice and associate jus- tices shall be elected by the qualified voters of the state at a general election, shall hold their offices for six years, and shall cach receive an annual salary of not more than three thousand five hundred and fifty dollars. In case of a vacancy in the office of chief justice or associate justice of the supreme court, the governor shall fill the vacancy until the next general election for state offeers, and at such general election the vacancy for the unex- pired term shall be filled by election by the qualified voters of the state.
SEc. 3. The supreme court shall have appellate jurisdiction only, which shall be co-ex- tensive with the limits of the state ; but shall only extend to civil cases of which the dis- triet courts have original or appellate jurisdiction. Appeals may be allowed from inter- locutory judgments of the district courts, in such cases and under such regulations as may be provided by law. The supreme court and the judges thereof shall have power to issue, under such regulations as may be prescribed by law, the writ of mandamus and all other write necessary to enforce the jurisdiction of said court. The supreme court shall have power, upon affidavit or otherwise, as by the court may be thought proper, to ascertain Much 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 until the last Saturday of June of every year, at the seat of government, and at not more than two other places in the state.
SEC. 4. The supreme court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now or may hereafter be required by law ; shall hold his office for four years, and shall be subject to removal by the said court for good cause entered of record on the minutes of said court.
SEc. 5. The court of appeals shall consist of three judges, any two of whom shall con- stitute a quorum, and the concurrence of two judges shall be necessary to a decision of said court. They shall be elected by the qualified voters of the state at a general election. They shall be citizens of the United States and of this state ; shall have arrived at the age of thirty years at the time of election ; each shall have been a practicing lawyer, or a judge of a court in this state, or such lawyer and judge together, for at least seven years. Said judges shall hold their offices for a term of six years, and each of them shall receive an
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annual salary of three thousand five hundred and fifty dollars, which shall not be increased or diminished during their term of office.
SEC. 6. The court of appeals shall have appellate jurisdiction, co-extensive with the limits of the state, in all criminal cases, of whatever grade, and in all civil cases, unless hereafter otherwise provided by law, of which the county courts have original or appellate jurisdiction. In civil cases its opinions shall not be published unless the publication of such opinions be required by law. The court of appeals and the judges thereof shall have power to issue the writ of habeas corpus ; and under such regulations as may be prescribed by law, issue such writs as may be necessary to enforce its own jurisdiction. The court of appeals shall have power, upon affidavits, or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the exercise of its jurisdic- tion. The court of appeals shall sit for the transaction of business from the first Monday of October until the last Saturday of June of every year, at the capital, and at not more than two other places in the state, at which the supreme court shall hold its sessions. The court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now or may hereafter be required by law ; shall hold his office for four years, and shall be subject to removal by the said court for good cause, entered of record on the minutes of said court.
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SEC. 7. The state shall be divided into twenty-six judicial districts, which may be increased or diminished by the legislature. For each district there shall be elected, by the qualified voters thereof, at a general election for members of the legislature, a judge, who shall be at least twenty-five years of age, shall be a citizen of the United States, shall have been a practicing attorney or a judge of a court in this state for the period of four years, and shall have resided in the district in which he is elected for two years next before his election ; shall reside in his district during his term of office ; shall hold his office for the term of four years ; shall receive an annual salary of twenty-five hundred dollars, which shall not be increased or diminished during his term of service ; and shall hold the regular terms of court at one place in each county in the district twice in each year, in such man- ner as may be prescribed by law. The legislature shall have power by general act to authorize the holding of special terms, when necessary, and to provide for holding more than two terms of the court in any county, for the dispatch of business ; and shall provide for the holding of district courts when the judge thereof is absent, or is from any cause disabled or disqualified from presiding.
SEC. 8. The district court shall have original jurisdiction in criminal cases of the grade of felony ; of all suits in behalf of the state to recover penalties, forfeitures and escheats ; of all cases of divorce ; in cases of misdemeanors involving official misconduct ; of all suits to recover damages for slander or defamation of character ; of all suits for the trial of title to land, and for the enforcement of liens thereon ; of all suits for trial of right to property levied on by virtue of any writ of execution, sequestration or attachment, when the property levied on shall be equal to or exceed in value five hundred dollars ; and of all suite, complaints or pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to five hundred dollars exclusive of interest ; and the said courts and the judges thereof shall have power to issue writs of habeas corpus in felony cases, mandamus, injunction, certiorari, and all writs necessary to enforce their jurisdiction. The district courts shall have appellate jurisdic- tion and general control in probate matters over the county court established in each county, for appointing guardians, granting letters testamentary and of administration, for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates ; and original jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be pre- scribed by the legislature. All cases now pending in the supreme court, of which the court of appeals has appellate jurisdiction under the provisions of this article, shall, as soon as practicable after the establishment of said court of appeals, be certified, and the records transmitted to the court of appeals, and shall be decided by such court of appeals as if the same had been originally appealed to such court. [Const. 1876.]
[Secs. 1, 2, 3, 4, 5, 6, 7, 8, Art. 5, declared adopted September 22, 1891.]
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 commissioners' 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 existing by law until otherwise provided by law. The legislature may establish such
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other courts as it may deem necessary, and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto.
SEC. 2. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and the concurrence of two judges shall be necessary to the decision of a case. No person shall be eligible to the office of chief justice or associate justice of the supreme 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 a practicing lawyer or a judge of a court, or such lawyer and judge together, at least 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 qualified, 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 election by the qualified voters of the state. The judges of the supreme court who may be in office at the time this amendment 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.
SEC. 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 juris- diction, under such restrictions and regulations as the legislature may prescribe. Until otherwise provided by law the appellate jurisdiction 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 dif- ferently on the same question of law, or where a statute of the state is held void. The supreme court and the justices thereof shall have power to issue writs of habeas corpus as may be prescribed by law, and under such regulations as may be prescribed by law the said courts and the jus- tices thereof may issue the writs of mandamus, procendo, certiorari, and such other writs as may be necessary to enforce its jurisdiction. The legis- lature may confer original jurisdiction on the supreme court to issue writs of quo warranto 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 otherwise 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 appoint a 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 compensation as the legislature may provide.
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SEC. 4. The court of criminal appeals shall consist of three judges, any two of whom shall constitute a quorum, and the concurrence of two . judges shall be necessary to a decision of said court ; said judges shall have the same qualifications 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 a vacancy in the office of a judge of the court of criminal appeals the governor shall fill such vacancy by appointment for the unexpired term. The judges of the court of appeals who may be in office at the time when this amendment takes effect shall continue in office until the expiration of their term of office under the present con- stitution and laws as judges of the court of criminal appeals.
SEC. 5. The court of criminal appeals shall have appellate jurisdic- tion co-extensive with the limits of the state in all criminal cases of whatever grade, with such exceptions and under such regulations as may be prescribed by law. The court of criminal appeals and the judges thereof shall have the power to issue the writ of habeas corpus, and, under such regulations as may be prescribed by law, issue such writs as may be necessary to enforce its own jurisdiction. The court of criminal appeals shall have power, upon affidavit or otherwise, to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. The court of criminal appeals shall sit for the transaction of business from the first Monday in October to the last Saturday of June in each year, at the state capital and two other places (or the capital city) if the legislature shall hereafter so provide. The court of criminal appeals shall appoint a clerk for each place at which it may sit, and each clerk shall give bond in such manner as is now or may hereafter be required by law, and who shall hold his office for four years unless sooner removed by the court for good cause, entered of record on the minutes of said court.
SEC. 6. The legislature shall, as soon as practicable after the adop- tion of this amendment, divide the state into not less than two nor more than three supreme judicial districts, and thereafter into such additional districts as the increase of population and business may require, and shall establish a court of civil appeals in each of said districts, which shall consist of a chief justice and two associate justices, who shall have the qualifications as herein prescribed for justices of the supreme court. Said court of civil appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all civil cases of which the district courts or county courts have original or appel- late jurisdiction, under such restrictions and regulations as may be pre- scribed by law ; provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. Each of said courts of civil appeals shall hold its sessions at & place in its district to be designated by the legislature, and at such time as may be prescribed by law. Said justices shall be elected by the quali- fied voters of their respective districts, at a general election, for a term of six years, and shall receive for their services the sum of three thousand five hundred dollars per annum until otherwise provided by law. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. Each court of civil appeals shall appoint a clerk,
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in the same manner as the clerk of the supreme court, which clerk shall receive such compensation as may be fixed by law. Until the organiza- tion of the courts of civil appeals and criminal appeals, as herein pro- vided for, the jurisdiction, power, and organization and location of the supreme court, the court of appeals, and the commission of appeals shall continue as they were before the adoption of this amendment. All civil cases which may be pending in the court of appeals shall, as soon as practicable after the organization of the courts of civil appeals, be certi- fied to and the records thereof transmitted to the proper courts of civil appeals, to be decided by said courts. At the first session of the supreme court, the court of criminal appeals, and such of the courts of civil appeals which may be hereafter created under this article after the first election of the judges of such courts under this amendment, the terms of office of the judges of each court shall be divided into three classes, and the justices thereof shall draw for the different classes. Those who shall draw class No. 1 shall hold their offices two years, those drawing class No. 2 shall hold their offices for four years, and those who may draw class No. 3 shall hold their offices for six years from the date of their election and until their successors are elected and qualified ; and there- after each of the said judges shall hold his office for six years, as pro- vided in this constitution.
SEC. 7. The state shall be divided into as many judicial districts as may now or hereafter be provided by law, which may be increased or diminished by law. For each district there shall be elected by the quali- fied voters thereof, at a general election, a judge, who shall be a citizen of the United States and of this state, who shall have been a practicing lawyer of this state or a judge of a court in this state for four years next preceding his election ; who shall have resided in the district in which he was elected for two years next preceding his election ; who shall reside in his district during his term of office ; who shall hold his office for the period of four years, and shall receive for his services an annual salary of two thousand five hundred dollars, until otherwise changed by law. Hle shall hold the regular terms of his court at the county seat of each county in his district at least twice in each year. in such manner as may be prescribed by law. The legislature shall have power by general or special laws to authorize the holding of special terms of the court, or the holding of more than two terms in any county for the dispatch of business. The legislature shall also provide for the holding of district court when the judge thereof is absent, or is from any cause disabled or disqualified from presiding. The district judges who may be in office when this amendment takes effect shall hold their offices until their respective terms shall expire under their present election or appoint- ment.
SEC. 8. The district court shall have original jurisdiction in all crimi- nal cases of the grade of felony ; in all suits in behalf of the state to recover penalties, forfeitures, and escheats; of all cases of divorce; of all misdemeanors involving official misconduct ; of all suits to recover damages for slander or defamation of character ; of all suits for trial of title to land and for the enforcement of liens thereon ; of all suits for the trial of the right of property levied upon by virtue of any writ of execution, sequestration, or attachment when the property
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levied on shall be equal to or exceed in value five hundred dollars ; of all suits, complaints, or pleas whatever, without regard to any dis- tinction between law and equity, when the matter in controversy shall be valued at or amount to five hundred dollars exclusive of interest ; of contested elections ; and said court and the judges thereof shall have power to issue writs of habeas corpus, mandamus, injunction, and certiorari, and all writs. necessary to enforce their jurisdiction. The district court shall have appellate jurisdiction and general control in probate matters over the county court established in each county, for appointing guardians, granting letters testamentary and of administra- tion, probating wills, for settling the accounts of executors, admin- istrators, and guardians, and for the transaction of all business apper- taining to estates; and original jurisdiction and general control over executors, administrators, guardians, and minors, under such regulations as may be prescribed by law. The district court shall have appellate jurisdiction and general supervisory control over the county commis- sioners' court, with such exceptions and under such regulations as may be prescribed by law ; and shall have general original jurisdiction over all causes of action whatever for which a remedy or jurisdiction is not provided by law or this constitution, and such other jurisdiction, original and appellate, as may be provided by law.
SEC. 9. There shall be a clerk for the district court of each county, who shall be elected by the qualified voters for the state and county officers, and who shall hold his office for two years, subject to removal by information, or by indictment of a grand jury, and conviction by a petit jury. In case of vacancy the judge of the district court shall have the power to appoint a clerk, who shall hold until the office can be filled by election.
SEC. 10. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury ; but no jury shall be impanneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum and with such exceptions as may be prescribed by the legislature.
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