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 23
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SEC. 11. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, within such degree as may be prescribed by law, or where he shall have been counsel in the case. When the supreme court, or the appellate court, or any two of the members of either, shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certi- fied to the governor of the state, who shall immediately commission the requisite number of persons learned in the law, for the trial and determination of said cause or causes. When a judge of the district court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case ; or, upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. And the district judges may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disqualification of judges of inferior tribunals shall be remedied, and vacancies in their offices shall be filled, as prescribed by law.
SEC. 12. All judges of the supreme court, court of appeals and district courts shall, by virtue of their offices, be conservators of the peace throughout the state. The style of all writs and process shall be, "The State of Texas." All prosecutions shall be carried on in the name and by the authority of "The State of Texas," and conclude " against the peace and dignity of the state." [Const. 1876.]
[Secs. 11 and 12, Art. 5, declared adopted September 22, 1891.]
SEC. 11. No judge shall sit in any case wherein he may be interested,
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or when either of the parties may be connected with him either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case. When the supreme court, the court of criminal appeals, the court of civil appeals, or any member of either, shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the governor of the state, who shall immediately commission the requisite number of persons learned in the law, for the trial and determination of such cause or causes. When a judge of the district court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case ; or, upon their failing to do so. a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. And the district judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law. This disqualification of judges of inferior tribunals shall be remedied, and vacancies in their offices filled, as may be prescribed by law.
SEC. 12. All judges of courts of this state [shall]. by virtue of their office, be conservators of the peace throughout the state. The style of all writs and process shall be, " The State of Texas." All prosecutions shall be carried on in the name and by authority of the State of Texas, and shall conclude " against the peace and dignity of the state."
SEC. 13. Grand and petit juries in the district courts shall be com- posed of twelve men; but nine members of a grand jury shall be a quorum to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade of felony in the district courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. When, pending the trial of any case, one or more jurors, not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict ; provided, that the legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict.
SEC. 14. The judicial districts in this state and the time of holding the courts therein are fixed by ordinance forming part of this constitu- tion, until otherwise provided by law.
SEC. 15. There shall be established in each county in this state & county court, which shall be a court of record ; and there shall be elected in each county by the qualified voters, a county judge, who shall be well informed in the law of the state, shall be a conservator of the peace, and shall hold his office for two years, and until his successor shall be elected and qualified. He shall receive as a compensation for his services such fees and perquisites as may be prescribed by law.
SEC. 16. The county court shall have original jurisdiction of all misdemeanors, of which exclusive original jurisdiction is not given to the justice's court, as the same are now or may be hereafter prescribed by law, and when the fine to be imposed shall exceed two hundred dollars ; and they shall have exclusive original jurisdiction in all civil cases when the matter in controversy shall exceed in value two hundred dollars, and not exceed five hundred dollars, exclusive of interest ; and concurrent jurisdiction with the district courts, when the matter in controversy shall exceed five hundred and not exceed one thousand dollars, exclusive of interest, but shall not have jurisdiction of suits for the recovery of land. They shall have appellate jurisdiction in cases, civil and criminal, of
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which justices' courts have original jurisdiction, but of such civil cases only when the judgment of the court appealed from shall exceed twenty dollars, exclusive of costs, un- der such regulations as may be prescribed by law. In all appeals from justices' courts, there shall be a trial de novo in the county court, and when the judgment rendered or fine imposed by the county court shall not exceed one hundred dollars such trial shall be final; but if the judgment rendered or fine imposed shall exceed one hundred dollars, as well as in all cases, civil and criminal, of which the county court has exclusive or concurrent original jurisdiction, an appeal shall lie to the court of appeals, under such regulations as may be prescribed by law. The county courts shall have the general jurisdiction of a probate court. They shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators and guardians, transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the settlement, partition and dis- tribution of estates of deceased persons, and to apprentice minors as provided by law. And the county courts, or judges thereof, shall have power to issue writs of mandamus, injunction, and all other writs necessary to the enforcement of the jurisdiction of said courts ; and to issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the county court, or any other court or tribunal inferior to said court. The county court shall not have criminal jurisdiction in any county where there is a crim- inal district court, unless expressly conferred by law ; and in such counties appeals from justices' courts and other inferior courts and tribunals, in criminal cases, shall be to the criminal district courts, under such regulations as may be prescribed by law, and in all such cases an appeal shall lie from such district courts to the court of appeals. Any case pending in the county court, which the county judge may be disqualified to try, shall be transferred to the district court of the same county for trial ; and where there exists any cause disqualifying the county judge for the trial of a cause of which the county court has jurisdiction, the district court of such county shall have original jurisdiction of such cause. [Const. 1876.]
[Sec. 16, Art. 5, declared adopted September 22, 1891.]
SEC. 16. The county court shall have original jurisdiction of all mis- demeanors of which exclusive original jurisdiction is not given to the justice's court as the same is now or may hereafter be prescribed by law, and when the fine to be imposed shall exceed $200 ; and they shall have exclusive jurisdiction in all civil cases when the matter in controversy shall exceed in value $200 and not exceed $500, exclusive of interest ; and con- current jurisdiction with the district court when the matter in controversy shall exceed $500 and not exceed $1,000, exclusive of interest, but shall not have jurisdiction of suits for the recovery of land. They shall have appellate jurisdiction in cases civil and criminal of which justices' courts have original jurisdiction, but of such civil cases only when the judgment of the court appealed from shall exceed $20, exclusive of cost, under such regulations may be prescribed by law. In all appeals from justice's court there shall be a trial de novo in the county court, and appeals may be prosecuted from the final judgment rendered in such cases by the county court, as well as all cases civil and criminal of which the county court has exclusive or concurrent or original jurisdiction of civil appeals in civil cases to the court of civil appeals and in such criminal cases to the court of criminal appeals, with such exceptions and under such regulations as may be prescribed by law. The county court shall have the general juris- diction of a probate court ; they shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunk- ards ; grant letters testamentary and of administration ; settle accounts of executors ; transact all business appertaining to deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunk- ards, including the settlement, partition, and distribution of estates of deceased persons ; and to apprentice minors, as provided by law ; and
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the county court or judge thereof shall have power to issue writs of in- junction, mandamus, and all writs necessary to the enforcement of the jurisdiction of said court, and to issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the county court or any other court or tribunal inferior to said court. The county court shall not have criminal jurisdiction in any county where there is a crim- inal district court unless expressly conferred by law ; and in such coun- ties appeals from justices' courts and other inferior courts and tribunals in criminal cases shall be to the criminal district court, under such regu- lations as may be prescribed by law, and in all such cases an appeal shall lie from such district court to the court of criminal appeals. "When the judge of the county court is disqualified in any case pending in the county court the parties interested may by consent appoint a proper person to try said case, or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law.
SEC. 17. The county court shall hold a term for civil business at least once in every two months, and shall dispose of probate business, either in term time or vacation, as may be provided by law, and said court shall hold a term for criminal business once in every month, as may be pro- vided by law. Prosecutions may be commenced in said court by infor- mation filed by the county attorney, or by affidavit, as may be provided by law. Grand juries impanneled in the district courts shall inquire into misdemeanors, and all indictments therefor returned into the district courts shall forthwith be certified to the county courts, or other inferior courts having jurisdiction to try them, for trial ; and if such indictment be quashed in the county, or other inferior court, the person charged shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the county court shall consist of six men ; but no jury shall be impan- nelled to try a civil case, unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same.
SEC. 18. Each organized county in the state, now or hereafter exist- ing, shall be divided from time to time, for the convenience of the people, into precincts, not less than four and not more than eight. The pres- ent county courts shall make the first division. Subsequent divisions shall be made by the commissioners' court provided for by this constitu- tion. In each such precinct there shall be elected, at each biennial elec- tion, one justice of the peace and one constable, each of whom shall hold his office for two years and until his successor shall be elected and quali- fied ; provided, that in any precinct in which there may be a city of eight thousand or more inhabitants, there shall be elected two justices of the peace. Each county shall in like manner be divided into four commis- sioners' precincts, in each of which there shall be elected by the qualified voters thereof one county commissioner, who shall hold his office for two years and until his successor shall be elected and qualified. The county commissioners, so chosen, with the county judge as presiding officer, shall compose the county commissioners' court, which shall exercise such powers and jurisdiction over all county business as is conferred by this constitution and the laws of the state, or as may hereafter be prescribed.
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SEC. 19. Justices of the peace shall have jurisdiction in criminal mat- ters of all cases where the penalty or fine to be imposed by law may not be more than for two hundred dollars, and in civil matters of all cases where the amount in controversy is two hundred dollars or less, exclusive of interest, of which exclusive original jurisdiction is not given to the district or county courts; and such other jurisdiction, criminal and civil, as may be provided by law, under such regulations as may be prescribed by law; and appeals to the county courts shall be allowed in all cases decided in justices' courts where the judgment is for more than twenty dollars, exclusive of costs, and in all criminal cases, under such regula- tions as may be prescribed by law. And the justices of the peace shall be ex-officio notaries public; and they shall hold their courts at such times and places as may be provided by law.
SEC. 20. There shall be elected for each county, by the qualified voters, a county clerk, who shall hold his office for two years, who shall be clerk of the county and commissioners' courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the legislature, and a vacancy in whose office shall be filled by the commissioners' court, until the next general election for county and state officers; provided, that in counties having a population of less than eight thousand persons there may be an election of a single clerk, who shall perform the duties of district and county clerks.
SEC. 21. A county attorney, for counties in which there is not a resi- dent criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the commissioners' court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the state in all cases in the district and inferior courts in their respective counties ; but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall, in such counties, be regulated by the legislature. The legislature may provide for the election of district attorneys in such dis- tricts as may be deemed necessary, and make provision for the compensa- tion of district attorneys and county attorneys ; provided, district attor- neys shall receive an annual salary of five hundred dollars, to be paid by the state, and such fees, commissions and perquisites as may be provided by law. County attorneys shall receive as compensation only such fees, commissions and perquisites as may be prescribed by law.
SEC. 22. The legislature shall have power, by local or general law, to increase, diminish or change the civil and criminal jurisdiction of county courts ; and in cases of any such change of jurisdiction the legislature shall also conform the jurisdiction of the other courts to such change.
SEC. 23. There shall be elected by the qualified voters of each county a sheriff, who shall hold his office for the term of two years, whose duties, and perquisites, and fees of office, shall be prescribed by the legislature, and vacancies in whose office shall be filled by the commissioners' court until the next general election for county or state officers.
SEC. 24. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency,
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official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing, and the finding of its truth by a jury.
SEC. 25. The supreme court shall have power to make rules and regulations for the gov- ernment of said court, and the other courts of the state, to regulate proceedings and expe- dite the dispatch of business therein. [Const. 1876.]
[Sec. 25, Art. 5, declared adopted September 22, 1891.]
SEC. 25. The supreme court shall have power to make and establish rules of procedure, not inconsistent with the laws of the state, for the government of said court and the other courts of this state, to expedite the dispatch of business therein.
SEC. 26. The state shall have no right of appeal in criminal cases.
SEC. 27. The legislature shall, at its first session, provide for the trans- fer of all business, civil and criminal, pending in district courts, over which jurisdiction is given by this constitution to the county courts- or other inferior courts, to such county or inferior courts, and for the trial or disposition of all such causes by such county or other inferior courts.
SEC. 28. Vacancies in the office of judges in the supreme court, of the court of appeals, and district court, shall be filled by the governor until the next succeeding general elec- tion ; and vacancies in the office of county judge, and justices of the peace, shall be filled by the commissioners' court, until the next general election for such offices. [Const. 1876.]
[Sec. 28, Art. 5, declared adopted September 22, 1891.]
SEC. 28. Vacancies in the office of judges of the supreme court, the court of criminal appeals, the court of civil appeals, and district courts, shall be filled by the governor until the next succeeding general election, and vacancies in the office of county judge and justices of the peace shall be filled by the commissioners' court until the next general election for such offices.
[Sec. 29, Art. 5, declared adopted September 25, 1883.]
SEC. 29. The county court shall hold at least four terms for both civil and criminal business annually, as may be provided by the legislature, or by the commissioners' court of the county under authority of law, and such other terms each year as may be fixed by the commissioners' court ; provided, the commissioners' court of any county having fixed the times and number of terms of the county court, shall not change the same again until the expiration of one year. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Prosecutions may be commenced in said courts in such manner as is or may be provided by law, and a jury therein shall consist of six men. Until otherwise provided, the terms of the county court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks.
ARTICLE VI.
SUFFRAGE.
SECTION 1. The following classes of persons shall not be allowed to vote in this state, to-wit :
First-Persons under twenty-one years of age.
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Second-Idiots and lunatics. Third-All paupers supported by any county. Fourth-All persons convicted of any felony, subject to such excep- tions as the legislature may make.
Fifth-All soldiers, marines and seamen employed in the service of the army or navy of the United States.
SEC. 2. Every male person subject to none of the foregoing disqualifi- cations, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and who shall have resided in this state one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a quali- fied elector ; and every male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time before an election, shall have declared his intention to become a citizen of the United States, in accordance with the federal naturalization laws, and shall have resided in this state one year next preceding such election, and the last six months in the county in which he offers to vote, shall also be deemed a qualified elector ; and all electors shall vote in the election precinct of their residence ; prorided, that electors living in any unorganized county, may vote at any election precinct in the county to which such county is attached for judicial purposes.
SEC. 3. All qualified electors of the state, as herein described, who shall have resided for six months immediately preceding an election within the limits of any city or corporate town, shall have the right to vote for mayor and all other elective officers ; but in all elections to determine expenditure of money or assumption of debt, only those shall be qualified to vote who pay taxes on property in said city or incorporated town ; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the persons debarred from voting in relation thereto.
SEC. 4. In all elections by the people the vote shall be by ballot, and the legislature shall provide for the numbering of tickets, and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot-box ; but no law shall ever be enacted requiring a registration of the voters of this state. [Const. 1876.] [Sec. 4, Art. 6, declared adopted, September 22, 1891.]
SEC. 4. In all elections by the people the vote shall be by ballot, and the legislature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot-box ; and the legislature may provide by law for the registration of all voters in all cities containing a population of ten thousand inhabitants or more.
SEC. 5. Voters shall, in all cases, except treason, felony or breach of. the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.
ARTICLE VII.
EDUCATION-THE PUBLIC FREE SCHOOLS.
SECTION 1. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish and make suitable provision
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for the support and maintenance of an efficient system of public free schools.
SEC. 2. All funds, lands and other property heretofore set apart and appropriated for the support of public schools ; all the alternate sections of land reserved by the state out of grants heretofore made or that may hereafter be made to railroads, or other corporations, of any nature what- soever ; one-half of the public domain of the state ; and all sums of money that may come to the state from the sale of any portion of the same, shall constitute a perpetual public school fund.
SEC. 3. There shall be set apart annually not more than one-fourth of the general revenue of the state, and a poll tax of one dollar on all male inhabitants in this state between the ages of twenty-one and sixty years, for the benefit of the public free schools. [Const. 1876.]
[Sec. 3, Art. 7, declared adopted September 25, 1883.]
SEC. 3. One-fourth of the revenue derived from the state occupation taxes, and a poll tax of one dollar on every male inhabitant of this state between the ages of twenty-one and sixty years, shall be set apart annually for the benefit of the public free schools, and, in addition thereto, there shall be levied and collected an annual ad valorem state tax of such an amount, not to exceed twenty cents on the one hundred dollars valuation, as, with the available school fund arising from all other sources, will be sufficient to maintain and support the public free schools of this state for a period of not less than six months in each year ; and the legislature may also provide for the formation of school districts within all or any of the counties of this state, by general or special law, without the local notice required in other cases of special legislation, and may authorize an additional annual ad valorem tax to be levied and collected within such school districts for the further maintenance of public free schools and the erection of school buildings therein ; provided, that two-thirds of the qualified property tax-paying voters of the district, voting at an election to be held for that purpose, shall vote such tax, not to exceed in any one year twenty cents on the one hundred dollars valuation of the property subject to taxation in such district, but the limitation upon the amount of district tax herein authorized shall not apply to incorporated cities or towns constituting separate and independent school districts.
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