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CHAPTER V.

JUDICIARY DEPARTMENT.

SECS. 1, 2, 3, 4, 5, 6, 7, 8, declared adopted September 22, 1891. SECTION I. The judicial powers of this state shall be vested in one supreme court, in courts of civil appeal, in a court of criminal appeals, in district courts, in county courts, in commissioners' court, in courts of justices of the peace, and in such other courts as may be provided by law. The criminal district courts 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 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.

A system of courts, marked out by the constitution, cannot be changed by the legislature, except when the power to make the change is conferred by the constitution. Ex parte Towles, 48 T., 414.

Under the section "In such inferior courts and magistrates as may be created in the constitution, or by the legislature under its authority" (of the constitution of 1869). It was held that the legislature had, in the absence of any restriction, the power to create

municipal tribunals. Blessing v. City of Galveston, 42 T., 641.

The legislature can confer jurisdiction on a recorder's court to try offenses against the penal laws of the state, and an act giving the recorder of a city jurisdiction of violations of penal code, of which justices of the peace have jurisdiction, is constitutional. Harris county v. Stewart, 91 T., 133, 41 S. W. R., 650; May v. Finley, 91 T., 354, 43 S. W. R., 257; State v. De Gess, 11 S. W. R., 1029.

The legislature cannot under the clause "such other courts as may be provided for by law," create a city court and change the organization of the judicial system. Ex parte Coombs, 38 Cr. App., 648, 44 S. W. R., 854.

The legislature can neither invest municipal courts with jurisdiction, exclusive of or concurrent with the state courts, to try violations of the penal code; nor invest said courts with power to suspend any penal law of the state, within the limits of the municipal corporation. Id.

See Judge Henderson's opinion in 47 S. W. R., 163.

Under the provision "such other courts as may be provided for by law" the legislature has no power to confer on a municipal corporation jurisdiction to try state offenses. Ex parte Knox, 39 S. W. R., 670 (Cr. App.); Leach v. State, 36 Cr. App., 248, 36 S. W. R., 471; Ex parte Fagg, 38 Cr. App., 573, 44 S. W. R., 294; Holland v. St., 39 S. W. R., 675; Camby v. City of Dallas, 44 S. W. R., 865; Ex parte Wickson, 47 S. W. R., 643.

The City of Dallas cannot try an offense for keeping a disorderly house. Leach v. St., 36 Cr. App., 248, 36 S. W. R., 471.

Portion of the charter of the City of Ft. Worth, attempting to confer jurisdiction on its city courts, to try an offense of the Sunday law, within its city limits, is unconstitutional. Ex parte Ginnochio, 30 Cr. App., 584, 18 S. W. R., 82.

The act of the twenty-sixth legislature, creating corporation courts, and vesting them with jurisdiction of state offenses, does not violate this section. Ex parte Wilbarger, 55 S. W. R., 968. (Ex parte Coombs and others distinguished).

City courts sustained. Carey v. St., 28 Cr. App., 49, 13 S. W. R., 778; Davis v. St., 2 Cr. App., 425. The jurisdiction of Harris county district court discussed. Davis v. St., 23 S. W. R., 892.

Under the clause, "The criminal jurisdiction of Galveston and Harris county district courts shall continue until otherwise provided for by law," an indictment presented in the court, sitting in Galveston county, was properly entitled, "In the Cr. District Court of Galveston county." Giebel v, St., 12 S. W. R., 591.

The constitution created a single criminal judicial district composing the counties of Galveston and Harris, each with a separate independent jurisdiction. Giebel v. St., 28 Cr. App., 151.

Where a legislative act with reference to the judiciary is doubtful, it should be given such a construction as will be consistent with the constitution and which would rather uphold rather than destroy the judiciary system. Nobles v. St., 38 Cr. App., 330, 42 S. W. R., 978.

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 at

tained 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 general 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 jurisdiction, 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 differently 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 justices thereof may issue the writs of mandamus, procedendo, certiorari, and such other writs as may be necessary to enforce its jurisdiction. The legislature 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

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