The Galveston Daily News. (Galveston, Tex.), Vol. 34, No. 275, Ed. 1 Saturday, November 27, 1875 Page: 2 of 4
four pages : ill. ; page 46 x 29 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(fwlkston llcfos.
A. >•
ItEliO & CO., Proprietors.
'IK
New GonsiMon
OF TH E
STATE OF TEXAS,
V
t \
ADOPTKD BY THE v:
\
CONSTITUTIONS CONVENTION
DElll'N AS1) UHD
At Austin, Sept. <», I.S75.
eminent. unit afaall never lie allowed,
nor shall the law of primogeniture or
ntailments ever be in foree in this
State.
Sue. 27. Tile citizens shall have the
rijjflit, in a peaceable manner, to assem-
ble together for their common good; and
apply to those invested with the power
of government for redress of grievances
or other purposes, by petition, address,
or remonstrance. .
Sec. 28. No power of suspending
laws in this State shall be exercised ex-
I cent by the Legislature.
I Sue 29 To guard against transgres
' ions "f the liiL'h powers herein dele
K'V-d
his
P1IBA9IBLK.
Humbly invoking the blessing of
Almighty God. tlie people of 1ho State
of Texas do ordain and establish this
constitution.
ARTH'LF. I.
Ktn or litsiii".
That the general, great and essential
principles of liberty and free govern-
ment inav be recognized and established,
we declare: ... , • ,
Section 1. Texas is a tree and inde-
pendent State, subject only to the Con-
stitution of the I'liitcd States, and
that the maintenance of our tree insti
tut ions and the perpetuity of the Lnion
depend upon the pre
right of local
paired to all tin
Sec.
nation of the
If government, unini
States.
2. All political power is inherent
in the people, and all free governments
are founded on their authority, and in
stituted for their benefit. The faith of
the people of Texas stands pledged to
the preservation of a republican form of
government, and, subject to this limita
tion only, they have at all times the in
alienable right to alter, refbnn or abolish
their government in such manner as
they may think expedient.
Sec. !t. All free men when they form
a social compact, have equal rights, and
no man, or set of men, is entitled to ex
elusive separate public emoluments, or
privileges, but in consideration of pub
lie services.
Sec. 4. Xo religious test shall ever tie
required as a quali ficat ion to any office, oi
public trust, in this State: nor shall any-
one be excluded from holding office on
account of his religious sentiments, pro-
vided he acknowledge the existence of
a Supreme Ueing.
Sec. 5. No person shall be disqualified
to give evidence in any of the courts of
this St-de on account of his religious
opinions, or for the want of any religious
belief, but all oaths or affirmations shall
be administered in the mode most bind
ing upon the conscience, and shall bt
taken subject to the pains and penalties
of perjury.
Sec. (i. All men have a natural and
indefeasible right to worship Almight*
God according to the dictates of their
own consciences. Xo man shall beeom
pel led to attend, i/iect or support any
:>lace of worship, or to maintain any
aiinistry. against his consent. No hu-
man authority ought, in any case what-
ever, to control or interfere with the
-iirhts of conscience in matters of re-
ligion, and no preference shall ever be
given by law to any religious society
or mode of worship. Rut it shall be the
duty of the Legislature to pass such
] iws as may l>c necessary to protect
inally cverv religious denomination in
of the high pow
we declare that everything in
mil of Rights" is excepted out of
lie gem powers of government, and
shall forevc. remain inviolate, and all
iws contrary l..,reto, or to the follow-
ing provisions, slum. bq void.
ARTICLE II.
Tlie Dower* of CisYerniuciit.
Section 1-The powers of the govern
ment of the SU»„ of Texas sludl lie div-
ided into three disr,)(.^ departments,each
if which shall be coi«,1(.(t t0 a separate
body of magistracy, to w,. >jjl0ge which
are legislative to one, thf>., which are
executive to another, and tlli~„ which
ire judicial to another ; and uopei.on or
collection of persons, being of one of
these departments, shall eiercise any
power, properly attached to cither .of the
ithers, except in the i n st au ces he re i r e x
prcssly permitted.
tip
of its own
the peaceable enjoyment
mode of public worship.
Sec. 7. No money shall be appropri-
ated or drawn from the treasury for the
benefit of any sect, or religious society,
theological or religious seminary; nor
shall property belonging tu the State be
appropriated for any sucli purposes.
Sec H. Every person shall be at lib-
erty to speak, write or publish his opin-
ions on any subject, being responsible
for the i.buse of that privilege; and no
law shall ever lie passed curtailing the
liberty ot speech or of the press. In
prosecutions for the publication of pa-
pers investigating the conduct of offi-
cers, or men in public capacity, or when
the matter published is proper for pub-
lic information, the truth thereof may
tie given in evidence. And in all indict-
ments for libels the jury shall have the
f-glit to determine the law and the facts,
under the direction of the court as in
othet cases.
Sec. St, The people shall be secure in
their persons, ti.maos, papers and pos-
sessions from all unreasonable seizures
or sell relies, and no warrant to search
any place, or to seize any person or
thing, shall issue -vitligut describing
them, as near as may tie, nor without
probable cause supported by «atli or af-
firmation.
Sec. 10. Tn all criminal pr<«el,jtions,
the accused shall have a speed;/, mlilii
trial by an impartial jury. fte»hall
have the right to demand the nature .nd
cause of the accusation against liim. a«l
to have a copy thereof, lie shall not b,
compelled to givecvidencc airainsi him-
self. lie shall have the right of being
beard by himself or counsel, or both,
shall be confronted with the witnesses
against hint, and shall have compulsory
process for obtaining witnesses in hi?
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 byline
-• imprisonment otherwise than in the
n in ^ > <>.lsrs ,,f impeachment,
luivy, or in tilt- mm,t|u. arrnv ()r
service in time of war or public <tan'<W
Sec. II. All prisoners shall be baila
by sufficient sureties, unless for cap-
ital offenses, when tie proof is evident
this provision shall not lie so con'
/"Prevent bail after indict
ment found upon m examination of the
evidence, in suc.'i manner as mav be
prescribed by lav.
Si.(. I v. J he a i it of JiuJteim corpus is
a writ of right, and shall never be sus
ponded. 1 lie Legislature shall enact
to render the remedy speedy and
AHTICLK III.
l.ottiHtativo Beparlmoul.
Section 1. The legislative power of
this State shall l«i vested in a Senate and
House of Representatives, which to-
gether shall be styled " The Legislature
f 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 apportion-
ment thereafter, the number of repre-
sentatives may be increased by the Leg-
islature upon the ratio of not more than
one representative for every fifteen thou-
sand inhabitants: provided, the number
of representatives shall never exceed one
hundred and fifty.
Sue. 3. The senators shall be chosen
by tin- qualified electors for the term of
four years; but a new Senate shall be
chosen after every apportionment, and
the senators elected after each appor-
tionment shall be divided by lot into tw o
classes. The seats of the senators of the
first class shall be vacated at the expira-
tion 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 there-
after.
Sec. 4. Tho members of the House of
Representatives shall be chosen by the
qualified electors, mid their term of
office shall be two years from the day of
their election.
Sbc. 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.
Sbc. 0. 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 tliis State five
years next preceding liis election, and
the bust year thereof a resident of the
district for which he shall be chosen,
and shall have attained the age of twen-
ty-si n years.
Sec. 7. No person shall be a represen
tative unless he be a citizen of tlie
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 preceding his elec-
tion, the last year thereof a resident of
the district for which he shall be chosen,
and shall have attained the age of
twe»ty-one years.
SfcT.'. 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 be
ginning and close of each session, and
at such other times a* uiay be necessary,
elect one ot its members President pro
tempore, who shall perform tho duties of
the Lieutenant Governor in any case of
absence or disability of that officer, and
whenever the slid office of Lieutenant
Governor shall !>e vacant. The House
f Representatives shall, when it first
assembles, organize temporarily, and
thereupon proceed to the ejection of a
Speaker front its owa membcia, and each
house shall choose its other olicers.
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 attemVmc
of absent members, in such manner and
under such penalties as each house may
provide. \
Sec. 11. Each house may determine \
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 members of each house shall be en-
titled to mileage in going to and return-
ing from the scat of government; which
mileage shall not exceed five dollars for
every twenty-five miles, the distance to
lie computed by the nearest and most
direct route of travel by land, regard-
less of railways or water routes; and
the comptroller of the State shall pre-
pare and preserve a table of distances
to each county seat, now or hereafter
to be established, and by such table tlie
mileage of each member shall be paid,
but no member shall be entitled to mile-
age for any extra session that may be
called within one day after the adjourn
ment of a regular or called session.
Sec. 25. The State shall lie divided
into senatorial districts of contiguous
territory according to the number of
-ijuaiifirfl electors, as nearly as may lie
and each district shall be entitled to
elect one senator, and no single county
shall be entitled to more than one sena-
tor.
Sec. 26. The members of the House
of Representatives shall be apportioned
among tho several counties, aocording
to the number of population in each, as
nearly as may be. on a ratio obtained by
dividing the population of tho State, as
ascertained by the most recent United
States census, by the number of mem-
bers of which tlie 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 representative
district, and when two or more coun-
ts are required to make up the ratio of
representation, such counties shall be
'onT^iious to each other; and when
any (He county has more than sufficient
populit'ion to be entitled to one or mufc
represent ives, such representative or
representaives shall be apportioned to
such count:, and for any surplus of
population nmay be joined in a repre-
sentative distict" with any other con-
tiguous county >v counties.
Sec. 27. Electors for senators and
representatives shill be general through-
out the State, and Jiall be regulated by
aw.
Sec. 28. The LegiSiture shall, at its
first session after the p>hlication of each
United States deceuniit census, appor
ion the State into senatoiial and repre
sent stive districts. agreeaWi- to the pro
visions of sections 25 and & of this Ar
tide; and until the next do-ennial cen
sus, when the first apportionment shall
lie made by the Legislature, he State
shall be and it is hereby diviied into
senatorial and representative disficts, as
provided by an ordinance of He Con-
vention on that subject.
PROCEEDINGS.
Sec. 29. The enacting clause of all laws
hie
ital
but
st rued
the rules of its own proceedings, punish
members for disorderly conduct, and
with the consent of two-tliirds. expel a
member, but not a second time for the
same, offense.
Sec. 12. Each house shall keep a
journal of its proceedings, and publish
the same; and the yeas and nays of the
members of either house on any ques-
tion shall, at the desire of any three
members present, be entered on the
journals.
Sec. 13. When vacancies occur in
eiher house, the Governor, or the per-
sonexereising the power of the Governor
shall issue writs of election to fill such
vac*ivies; and should the Governor fail
to wine a writ of election to till any
such vacancy, within t wenty days after
it occ«rs, tho returning officer of the
di. triot ji wliich such vacancy mav have
happMK'it, shall be authorized to order
an eleuion 5or that purpose.
Sec h. Senators and representatives
in eases of treason, felony,
or rrreacn v. u peace, be privileged
from arrest a\Lfn,} lUe s,*sion of the
Legislature, and i. woimr ° and roturn-
sliall be " Re it enacted by the Legisn
tare of the State of Texas."
Sec. !!0. No law shall be passed ex
cept 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 m either
house, and when passed by such liouso
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 dis-
cussion allowed thereon; but in cases of
imperative public necessity (which ne-
cessity shall be stated in a preamble, or
in the body of the bill), four-fifths of
the house in which the bill may be pend-
ing may suspend this rule, the yeas and
navs being taken ou the question of sus-
pension. and entered upon the journals.
Sec. 38. All bills for raising revenue
shall originate in the House of Repre-
sentatives, but the Senate may amend or
reject them as other bills.
Sec. 34. After a bill has been consid-
ered and defeated by either house of the
Legislature, no bill "containing the same
substance shall lie passed into a law du-
ring the same session. After a resolu-
tion has been acted on and defeated, no
resolution containing tho same substance
shall lie considered at the same session.
Sec. 35. No bill (except general ap-
propriation bills, which may embrace
the various subjects and accounts for
and on account of which moneys are
appropriated), sliall contain more than
one subject, which shall be expressed in
its title; but if any subject shall lie em-
braced in an act which shall not be ex-
pressed in the title, such act shall lie
void onlv as to so much thereof as shall
not be so expressed.
Sec. 36. No law shall be revived or
amended by reference to its title; but in
such case the act revived, or tlie section
or sections amended, shall be re-enacted
and published at length.
Sec. 37. No bill sludl be considered
unless it lias been first referred to a com-
mittee and reported thereon, and no bill
shall be passed which lias uot been pre-
sented and referred to and reported from
I a committee at least three days lie fore
the final adjournment of tho Legisla-
ture.
of quarantine regulations on the coast of
Texas; the protection of the frontier.
Sec. 49. No debt shall be created by
or on behalf of the State, except to sup-
ply casual deficiencies of revenue, repel
invasions, suppress insurrection, defend
the State in war, or pay existing debt;
and the debt created to supply deficien-
cies in the revenue, shall never exceed
in the aggregate, at any one time, two
hundred thousand dollars.
Sec. 50. The Legislature shall have no
power to give or to lend, or to authorize
the giving or lending, of the credit of
the State in aid of, or to, any person,
association or corporation, whether mu-
nicipal or other, or to pledge the credit
of the State in any manner whatsoever,
for the payment ot the liabilities,present
or prospective, of any individual, asso
ciation of individuals, municipal or
other corporation whatsoever.
Sec. 51. The Legislature shall have no
power to make any grant, or authorize
the making of any grant, of public
money to any individual, association of
individuals, municipal, or other eorpo
ration whatsoever; provided, that this
shall not be so construed as to prevent
the grant of aid in case of public calam
ity.
Sec. 52. Tlie Legislature shall have no
power to authorize any county, city
town, or other political corporation, or
sub-division of the State, to lend its
credit or to grant public, money, or thin
of value in aid of, or to any individual,
association, or corporation whatsoever,
or to become a stock-holder in such cor
poratiou, association or company.
Sec. 53. The Legislature shall have no
power to grant, or to authorize any
county or municipal authority to grant,
any extra compensation, fee or allow-
ance to a public officer, agent, servant
or contractor, after service has been ren-
dered, or a contract has been entered
into, and performed, in whole or in
part; nor pay, nor authorize the pay-
ment of, any claim created against any
county or municipality of the State,
under any agreement or contract, made
without authority of law.
Sec. 54. The Legislature shall have
no power to release or alienate anv lien
held by the State upon any railroad, or
in anywise change t he tenor or meaning,
or pass any act explanatory thereof; but
the same shall be enforced in accord
ance with the original terms upon
which it was acquired.
Sec. 55. The Legislature shall have
no power to release or extinguish, or
authorize the releasing or extinguishing,
in whole or in part, the indebtedness,
liability or obligation of any corpora
tion or individual, to this State, or to
any county or other municipal corpora
tion therein.
Sec. 50. The Legislature shall not
except as otherwise provided in this
Constitution, pass any local or special
law authorizing the creation, extension
or impairing of liens; regulating tlie
affairs of counties, cities, towns, ward:
or school districts; changing the name
of persons or places; changing the venue
in civil or criminal eases; authorizing
he laying out, opening, altering or
Uaiutaiuing of roads, highways, streets
'■>r alleys; relating to ferries or bridges
o- incorporating ferry or bridge compa-
nies, except for the erection of bridges
crowing streams which form boun-
daries.iiet.ween this and any other State;
vacatiig roads, town plaU, streets or
allevs; relating to cemeteries, grave
yards o» public grounds not of the
State; authorizing the adoption or
legitimation of children; locating or
changing cCmty seats; incorporating
cities, towns or villages, or changing
their charters;'or the opening and con-
ducting of clecfiov,or fixing or changing
the places of votift>; granting divorces;
renting offices, or p.sci'ibing tho Upw-
Sec. 8. The governor may, on cxtra-
dinary occasions, convene the Legisl-
ature at the seat of government, or at a
ifferent place, in case that should be in
possession of the public enemy or in
ease of the prevalence of disease thereat.
His proclamation therefor shall state
specifically the purpose for which the
legislature is convened.
Bec. t). The governor shall, at the
commencement of each session of the
Legislature, and at the close of his term
of office, give to the Legislature informa-
tion, 1 >y message, of the condition of the
State; and he shall recommend to the
Legislature such measures as he may
deem expedient. He shall account to
the Legislature for all public moneys
received and paid out by him, from any
fuuds subject to his order, with vouch
ers; and shall accompany his message
with a statement of the same. And, at
the commencement of each regular ses-
sion, he shall present estimates of the
amount of money required to be raised
by taxation for all purposes.
Sec. 10. He shall cause the laws to
be faithfully executed; and shall con-
duct, in person, or in such manner as
shall lie prescribed by law, all inter-
course and business of the' State with
other States and with the United States.
Sec. 11. In all criminal cases, except
treason and impeachment, he shall have
power, after conviction, to grant re-
prieves, commutations of punishment
and pardons; and, under such rules as
the Legislature may prescribe, he shall
have power to remit fines and forfeitures.
With the advice and consent of the Sen-
ate, he may grant pardons in cases of
treason; and, to this etui, lie may re-
spite a sentence therefor, until the close
of the succeeding session of the Legis-
lature; provided, that in all cases of re-
missions of lines or forfeitures, or
grants of reprieve, commutation of pun-
ishment or pardon, he shall file in the
office of the secretary of state his reasons
therefor.
Sec. 12. All vacancies in State or dis-
trict offices, except members of the
Legislature, shall be tilled, unless other-
wise provided by law, by appointment
of the governor, which appointment, if
made during its session, shall be with
the advice and consent of two-thirds of
the senate present. If made during the
recess of tlie senate, the said appointee
or some other person to fill such va-
cancy, shall be nominated to the senate
during the first ten days of its session.
If rejected, said office shall immediately
become vacant, and the governor shall,
without delay, make further nomina
lions, until a confirmation takes place.
Rut, should there be no confirmation
during the session of the senate, the
governor shall not thereafter appoint
any person to till such vacancy who lias
been rejected by the senate; but may
appoint some other person to fill the va-
cancy until tlie next session of the sen
ate, or until the regular election to said
office should it sooner occur. Appoint-
ments to vacancies in offices elective by
the people shall only continue until the
first general election thereafter.
Sec. 13. During the session of tlie
Legislature the governor shall reside
where its sessions are held, and at all
other times at the seat of government
except when, by act of the Legislature,
lie may be required or authorized to re-
side elsewhere.
Sec. 14. Every bill which shall have
passed both houses of the Legislature
shall be presented to the governor for
his approval. 11' lie approve, he shall
e.ign it. but if be disapprove it, he shall
return it. with*his objections, to the
house in which it originated, which
house shall enter the objections jit large
upon its journal, and proceed to recoil
sider it. If. such reconsideration
ijyo-Hti#*s of the members present agree
relative thereto, before the Legislature
or either house thereof, and shall per-
ioral such other duties m may be re-
quired of him by law. lie shall receive
for bis services an annual salary of two
thousand dollars, and no more.
Sec. 22. The attorney general shall
hold his office for two years, and until
his successor is duly qualified. He shall
represent the State in all suits and pleas
in the Supreme Court of the State in
which the State may be a party, and
shall especially inquire into the charter
rights of all private corporations, and,
from time to time, in the name of the
State, take such action in the courts as
may be proper and necessary to pre
vent any private corporation from exer-
cising any power or demanding or col-
lecting any species of taxes, tolls, freight
or wharfage, not authorized by law.
Ho shall, whenever sufficient cause ex-
ists, seek a judicial forfeiture of such
charters, unless otherwise expressly di-
rected by law, and give legal advice in
writing to the governor and other ex-
ecutive officers, when requested by
them, and perform such other duties as
may lie required by law. He shall re
side at the seat of government dur-
ing his continuance in office. He shall
receive for his services an annual salary
of two thousand dollars, and no more,
besides such fees as may be prescribed
by law; provided, that the fees which
he may receive shall not amount to
more than two thousand dollars annu-
ally.
Sec. 23. The comptroller of public
accounts, tlie treasurer and the commis-
sioner of tlie general land office shall
each hold office for the term of two
years, and until liis successor is quali
fled; receive an annual salary of two
thousand five hundred dollars, and no
more; reside at the capital of the State
during his continuance iu office, and
perform such duties as are or may be
required of liim by law. They and the
secretary of state shall not receive to
their own use any fees, costs or perqui-
sites of office. All fees that may be
payable by law for any servictf per-
formed by any officer specified in this
section, or in his office, shall be paid,
when received into the State treasury.
Sec. 24. An account shall be kept by
tlie officers of the executive depart
ment, and by all officers and managers
of State institutions, of all moneys and
clioses in action received and disbursed
or otherwise disposed of by them, sev-
erally, from all sources, and for every
service performed; and a semi-annual
report thereof shall be made to the gov
cruor 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 office?
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 mana-
ger who. at any time, shall wilfully
make a false report or give false infor
illation, shall lie guilty of perjury, and
so adjudged and punished accordingly
and removed from office.
Sec. 25. The Legislature shall pass
efficient laws facilitating the investiga
tion of breaches of trust and duty by
all custodians of public funds, and pro
viding for their suspension from office
on reasonable cause shown, and for tin
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 dutic
as now are or may be prescribed by law.
ers and duties of oHtcers in counties, (to pass the bill, it shall be sent, with
lawi
effectual.
Sec. 13.
Ecci
m-
>pen. and
in jury done him in
person or reputation,
needed
to maintain its
'Hive bail shall not be
required, mr excessive fines imposed
nor cruel a unusual punishment '
flicted. A1 court* Khali In;
e very person for an "
liis lands, jood
shall havererncdy by due course of law
Sec. 14 No person for the same'of-
fense slial be twice put in jeopardy of
life or lberty; nor shall a person be
again pit upon trial for the same of
lense, liter a verdict of not guilty in i
court of competent jurisdiction.
Sec. r,. The right of trial by jury
shall renain inviolate. The Legislaftir
shall piss such laws as may lit
to regelate the same, and
purity mid efficiency.
Sec It!. No bill of attainder, ex pout
fitcio aw, retroactive law, or anv law
impairing the obligation of contracts
shall ic made.
Sec. 17. No person s property shall b(
taken, damaged or destroyed for or ap-
plied to public use without adequate
compensation being made, unless by the
consent of such person; and, when
taken, except for the use of the st.it
such compensation shall l>e lirst mad
or secured by a deposit in money; and
no irrevocable or uncontrollable grant
of specialprivilegesor immunities shall
be made; but all privileges anil fran-
chises granted by the Legislature, or
created under itsaiithoritv, sliall be sub
jeet to the control thereof.
Sec. 18. No person shall ever lit
prisoned for debt.
Sec. 19. No citizen of the State shall
l«e deprived of life, liberty, property
privileges or immunities, or in any man-
ner disfranchised, except by the due
course of the law of the land.
Sec. 20. No citizen shall be outlawed
nor shall any person be transported out
of the State for any offense committed
within the same.
Sec. 21. No conviction shall work
corruption of blood, or forfeiture of
• state; and the estates of those who
destroy their own lives shall descend
or vest as in case of natural death.
Sec. 22. Treason against the
shall consist only in levying war a
if, or adhering to its enemies, >
them aid and comfort ; ami
shall be convicted of treason
the testimony of two
same overt act oi
court.
riidlt'i 2i! KV< °,' ,riti/cn have the
f d I fen e,> "r" I • 111-1,18 in ,l"' >"w
l it he 7 ',f, «"• the
v 1. u I shall have
I)} law . to regulate the wenrimr ,
Sec' ytW »,rt'v,'nt crime."
Sec ~ 1. 1 he military shall
times be subordnate to the
Sec. 25. No soldier
lie
ing
for
c — going
trom tlie same, H\if«ing one day
every twenty milt? such member
may reside from the f'«--e at which die
Legislature is eonveifd-
Sec. 15. Each ho'»e may punish, by
imprisonment, dui-ag its sessions, any
person not a menjer, for disrespectful
or disorderly coi'luct iu its presence, or
irn
State
gainst
riving
no person
except on
witnesses to the
on confession iu open
State ;
power
>f arms
>r obstructingany of its proceedings;
provided, such imprisonment shall not
it any one time exceed forty-eight
hours.
Sec. 1G The sessions of each house
shall Ik: "pen. except the senate when
in t xecitive session.
Sec. 17. Neither house shall, without
the consent of the other, adjourn for
wore than three days, nor to any other
"lace than that where the Legislature
may be sitting.
Sec. 18. No senator or representative
shall, during the term for which he may-
be elected, lie 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 appointment 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 officc whatever, which
may lie filled by a vote of the Legisla-
ture, except in such cases as are in this
Constitution provided. Nor shall anv
member of the Legislature be inter-
ested, either directly or indirectly, in
any contract with the State, or any
county thereof, authorized by any law
passed during tlie term for which he
shall have been elected.
Sec. 19. No judge of any court;
secretary of State, ittorney general,
clerk of any court 11 record, or any
person holding a lucrative office under
the United States, or this State, or any
foreign government, shall, during the
term for which he is elected or appoint-
ed, be eligible to tlie 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, sliall be eligible to
the Legislature or to any office of
civil
at all
author-
peace be quartered in the houU'JiTany
citizen without the consent of the
owner, nor in time or war but i"
manner prescribed by law.
Sec. 2ti. Perpetuities and monopolies
are contrary to the genius of a free "ov-
any _
profit or trust under the State govern-
ment until he shall have obtained a dis-
charge for the amount of such collec-
tions. or for all public moneys with
which be may have been entrusted.
Sec. 21. No member sliall lie ques-
tioned in any other place for words
spoken in debate in either house.
Sec. 22. A member who has a per-
sonal or private interest in any measure
or bill proposed, or pending, before the
Legislature, shall disclose the fact to
the house, of which he is a member
and shall not vote thereon.
Sec. 23. II any senator or representa-
tive remove his residence from the dis-
trict or county for which he was elected,
liis office shall thereby become vacant
and the vacancy shall be filled a»provid-
ed in section 13 of this article.
Sec. 24. The members of the Legis-
lature 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
ot each session, and after that not ex-
ceeding two dollars per day for the re-
mainder of the session; except the first
session held under this Constitutioh
When they may feceive not exceeding
Sec. 38. The presiding officer of each
ho,so shall, in the presence of the house
ovrt which he presides, sign all bills
and i.oint. resolutions passed by the Le-
gislate, after their titles have been
publicy read before signing; and the
fact of dguiug shall lie entered on the
journals.
Sec oil No law passed by the Legis-
lature. except the general appropriation
act, shall taVe effect or go into force un
til ninety days after tlie adjournment ot
tlie session ft wliicli it was enacted, 1111
less in case of an emergency (which emer-
gency must be expressed in a preamble,
or In" the body of the act,) the Legisla
tore shall, by a vote of two-thirds of -all
the members"elected to each house, other
wise direct; said vote to be taken by
yeas and nays, and entered upon the
Sec. 40. When the Legislature shall
be convened in special session, there
shall be no legislation upon subjects
other than those designated in the proc-
lamation of the Governor calling such
session, or presented to them by tlie
Governor; and no such session shall be
of longer duration than thirty days.
Sec. 41. In all elections by the Senate
and House of Representatives, jointly
or separately, the vote shall lie given
vita voce, except in the election of their
officers.
kequiitemkn* and limitations.
Sv.c. 42. Tin Legislature shall pass
such laws as i'ay be necessary to carry
into effect tin provisions of this Consti-
tution.
Sec. 43. The first session of the Lejis
lature untie' l'''s Constitution shall jr«-
vide for re/ising, digesting and publsii-
ing the hiws, civil and criminal; aid a
like revisbn, digest and publicatioi may
be made ever}' ten years thereafter pro-
vided, tint in the adoption of and.iving
effect p any such digest or revisin, the
Legisliture shall not be limited >y sec
tious 45 and 36 of this article.
Sec. 44. The Legislature sliall iroviile
by l»w for the compensation of all olll
cere, servants, agents and paMic con-
tractors not provided for <n fi.'s Consti-
tution. but shall not yant Jitra com-
pensation to any officer, agent, servant
or public contractor*, after mch public
service shall have lieen performed, or
contract entered <"nto for the perform
a net'of the sint'; Jior grant, by appro-
priation tv otherwise, any amount of
money out of the treasury of the State,
to i'ay individual, on a claim, real or
pretended, when the same shall not have
been provided for liy- pre-existing law;
nor employ any one 111 the name of the
State, unless authorized by pre-existing
law.
Sec. 45. The power to change the
venue in civil and criminal cases shall
'je vested in the courts, to be exercised
n such manner as shall be provided by
law, anil the Legislature shall pass laws
for that purpose.
Sec. 46. The Legislature shall, at its
irst session after the adoption of this
Constitution, enact effective vagrant
hws.
Sec. 47. The Legislature shall pass
laws prohibiting the establishment of
lotteries anil gift enterprises in this
State, as well as the sale of tickets in
lotteries, gift enterprises or other eva-
sions involving the lottery principle,
established or existing in other States.
Sec. 48. The Legislature shall not
have the right to levy taxes or impose
burdens upon the people, except to raise
revenue sufficient for The economical
administration of the government, in
which may be included the following
purposes: The payment of all interest
upon the bonded debt of the State; tlie
erection and repairs of public buildings;
the benefit of the sinking fund, which
shall not be more than two per centum
of the public debt, and for the payment
of the present floating debt of the State,
including matured bonds for the pay-
ment of which the sinking fund is inade-
quate; the support of public schools, in
which shall be included colleges and
universities established by the State,
and tho maintenance and support
of the Agricultural and Mechan-
ical College (A Texas ; the pay-
ment of the cost of assessing and col-
lecting the revenue, and the payment of
all officers, agents and employees of tlie
State government, and all incidental ex-
penses connected therewith; the sup-
port of the Rlind Asylum, the Deaf anil
Uunili Asylum and the Insane Asylum,
the State cemetery and the public
grounds of the State; the enforcement
cities, towns, el'/ctioi. or school dis-
tricts; changing the law of descent or
succession; regulating lli» practice or
jurisdiction of, fir changing the rules of
evidence iu any judicial pr eceding or
inquiry before courts, justi es of the
peace, sheriffs, commissioners, arbitra-
tors or other tribunals, or proving or
changing methods for the colleteion of
debts, or tho enforcing of judgment, or
prescribing the effect of judicial saes of
real estate; regulating the fees, oi ex-
tending the powers and duties of alier-
men, justices of the peace, magistrate
or constables; regulating tho inanagt
ment of public schools, the builditig of1
repairing of school houses, and the
raising of money for such purposes; fix-
ing the rate of interest; affecting the
estates of minors, or persons under dis-
ability; remitting tines, penalties and
forfeitures,and reiunding moneys legally
paid into the treasury; exempting prop-
erty from taxation; regulating labor,
trade, mining and manufacturing; de-
claring any named person of age; ex
tending the time for the assessment twd
collection of taxes, or otherwise reVev-
any assessor or collector of nixes
from the due performance of his official
duties, or his securities from liability;
giving effect to informal or invalid wills
or deeds; summoning or impaneling
grand or petit juries; for limitation of
civil or criminal actions; for incorpora-
ting railroads or other works of internal
improvements; and in all other cases
where a general law can be made ap-
plicable, no local or special law shall be
enacted; pmcuUd, that nothing herein
contidned shall bo construed to prohibit
the Legislature from passing special
laws for the preservation of tlie game
and fell iS this Slate in certain locali-
ties.
Sec. 57. local or special law shall
be passed, vutess notice of the intention
to apply thereby shall have been pub-
lished in the Vitality where the matter
or thing to lie afiected may bo situated,
which notice shall state the substance of
the contemplated lav, anil shall be pub-
lished at least thirty lavs prior to the
introduction into tin." Legislature of
such b'll, and in tlie manner to be pro-
vided by law; 'He evidence of such »»>-
tiee 1 raving "ceil publish**? shall l>e ex-
hibited in (he Legislature before such
act sliall Ik passed.
Sec. 58. The Legislature shall hold As
sessions at the city of Austin, whips is
hereby ntClared to be the seat of gov-
ernment
ARTICLE IV.
Executive Department.
.section 1. The executive department
o the State shall consist of a governor,
cho shall be the chfef executive officer
of the State; a lieutenant-governor,
secretary of Stato, comptroller of public
accounts, treasurer, commissioner of the
general land office, and attorney gen-
eral.
Sec. 2. All the above officers of the
executive department (except secretary
of state) shall be elected by the qualified
voters of the State at the time and
£ laces of election for members of the
egislature.
Sec. 3. The returns of every election
for said executive officers, until other-
wise provided by law, shall be made out,
sealed up, and transmitted by the re-
turning officers prescribed by law, to
the seat of government, directed to tlie
secretary of state, who shall deliver the
same to the speaker of the house of
representatives as soon as the speaker
shall be chosen; and the said speaker
shall during tho first week of the ses-
sion of the legislature open and publish
them in the presence of both houses of
the Legislature. The person voted for
at said election having the highest num-
ber of votes for each of said offices,
respectively, and being constitutionally
eligible, shall be declared by the speaker,
under sanction of the Legislature, to be
elected to said office. But if two or
more persons shall have the highest and
an equal number of votes for either of
said offices, one of them shall be im-
mediately chosen to such office by joint
vote of both houses of the legislature.
Contested elections for either of said of-
fices shall lie determined by both houses
of the legislature in joint session.
Sec. 4. The governor shall be installed
on the first Tuesday after the organiza-
tion of the Legislature, or as soon there-
after as practicable, and shall hold his
office for the term of two years, or until
his successor shall lie duly installed. He
shall lie at least thirty years of age, a
citizen of the United States, and shall
have resided in this State at least five
years immediately preceding his elec-
tion.
Sec. 5. He shall at stated times re-
eeivo as compensation for his services
un annual salary of four thousand dol-
lars and no more, and shall have the use
and occupation of the governor's man-
sion, fixtures and furniture.
Sec. C. During the time he holds' the
officc of governor he shall not hold any
other office, civil, military, or corporate;
nor shall he practice any profession nnd
receive compensation, reward, fee, or
the promise thereof for the same; nor
receive any salary, reward, or compen-
sation, or the promise thereof, from tiny-
person or corporation, for any service
rendered or performed during the time
he is governor, or to be thereafter ren-
dered or performed.
Sec. 7. He shall be commander-in-
chief of the military forces of the State,
except when they are called into actual
service of the Lnited States. He shall
liavo power to call forth the militia to
execute tho laws of the State, to sup-
press insurrections, repel invasions, and
protect the frontier from hostile incur-
sions by Indians or other predatory
bauds,
the objections, to the other bouse, by
which likewise it shall be reconsidered
and, if approved by two-thirds of the
members of that house, it shall become
a law; but in such cases the votes of
both houses shall be determined by-
yeas and nays, and the names of tlie
members voting for and against the bill
shall be entered on the journal of each
house respectively. If any bill shall
not be returned by the governor with
liis objections within ten days (Sundays
excepted) after it sliall have been pre
sented to liim, the same shall be a law,
in like manner as if he had signed it.
unless the Legislature, by its adjourn
ment, prevent its return, in which case
t shall be a law, unless he shall file the
Skne, with liis objections, iu the office
of he secretary of state and give notice
thewif by public proclamation within
tweny days after such adjournment. If
any hi] presented to the governor con-
tains styeral items of appropriation he
may olfjjet to one or more of such
items, ami approve the other portion of
the bill. Iu such ease he shall append
to the bill, ut the time of signing it, a
statement of tlie items to which he ob-
jects, and no item so objected to shall
take effect If the Legislature be in
session, he shall transmit to tlie house
in which tho bill originated a copy of
such statement and tlie items objected
to shall be separately considered. If,
on reconsideration, one or more of such
items be approved by two-thirds of the
members present of each house the
same shall be part of the law, not
withstanding the objections of the gov-
ernor. 11 any such bill, containing sev-
eral items of appropriation, not having
been presented to the governor ten days
(Sundays excepted) prior to adjourn
ment, be in tlie hands ot tlie governor
at the time of adjournment, he shall
have twenty-days from such adjourn
ment within which to file objections to
any items thereof anil make proclama-
tion of the sanii',such item or items
shall uot tat"-' ''feet.
Sec. 1,)- Every order, resolution, or
vote -*o whici'i the concurrence of both
houses of the Legislature may lie nece
sary, except on questions of adjourn
ijieut,shall be presented to the governor,
and, before it shall take effect, shall lie
approved by liim; or, being disapproved,
shall be repassed by- both houses, and
all the rules, provisions and limitations
shall apply thereto as prescribed iti the
last preceding section in the case of a
bill.
Sec. 1G. There shall also be a lieu
tenant-governor, who shall be chosen at
every election,for governor by the same
electors, in the same manner, continue
in office the same time, and possess the
same qualifications. The electors sliall
distinguish for whom they vote as gov-
ernor and for whom as lieutenant-gov-
ernor. The lieutenant-governor shall,
by virtue of his office, be president of
the senate, and shall have, when in
committee of the whole, a right to de
hate and vote on all questions; ami
when the senate is equally divided to
give the casting vote. In case of the
death, resignation, removal from office,
inability or refusal of the governor to
serve, or of liis impeachment, or absence
from the State, the lieutenant-governor
shall exercise the powers and authority
appertaining to the office of governor
until another be chosen at the periodical
election, and be duly qualified; or until
the governor impeached, absent, tir tlis
abled, shall be acquitted, return, or his
disability be removed.
Sec. 17. If. during the vacancy in the
office of governor, the lieutenant-gover
nor should die, resign, refuse to serve,
or be removed from office, or be unable
to serve; or if he shall be impeached, or
absent from the State, the president of
the senate, for the time being, shall in
like manner administer the government
until he shall be superseded by a gov-
ernor or lieutenant-governor. The lieu
tenant-governor shall, while he acts as
president of the senate, receive for his
services the same compensation and
mileage which shall be allowed to the
members of the senate, and «o more;
and during the time he administers the
government as governor, he shall re
ceive in like manner the same compen-
sation which the governor would have
received had he been employed in the
duties of his office, and no more. The
president, for the time being, of the
senate shall, during the time he admin
isters tlie government, receive in like
manner the same compensation which
the governor would have received .had
he been employed in the duties of his
office.
Sec. 18. The lieutenant governor or
president of the senate succeeding to
the office of governor, shall, durin
the entire term to which he may sue
ceed, be under all the restrictions and
inhibitions imposed in this Constitution
on the governor.
Sec. 19. There shall be a seal of the
State, which shall be kept by the secre
AUT1I I.E 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 Commis-
sioners' Courts, in Courts of Justices of
the Peace, and in such other courts as
may be established by law. The Legis
latiire may establish Criminal District
Courts, with such jurisdiction as it may
prescribe, but no sucli court shall be
established unless the district includes a
city containing at least thirty thousand
inhabitants, as ascertained by tlie census
of the United States, or other official
census. Provided, such town or city-
shall support said Criminal District
Courts w hen established. The Criminal
District Court of Galveston and llarri
counties shall continue, with the dis-
trict, jurisdiction and organization now
existing by law, until otherwise pro
vided by law.
Sec. 2. The Supreme Court shall con
sist of a chief justice ami two associate
justices, any two of whom shall consti-
tute a quorum, and the concurrence of
two judges shall be necessary to the de-
cision of a case. No person shall be
eligible to the office of chief justice
associate justice of the Supreme Court,
unless lie be, at the time of his election,
citizen of tlie United States and of
this State, and unless he shall have at-
tained tlie age of thirty years, and shall
have been a practicing lawyer or a judg-e
of a court in this State, or such lawyer
ami judtto together at least seven years
Said chief justice and associate justice
shall lie elected by the qualified voter:
tif tlie State, at a general election, shall
hold their offices for six years, and shall
each receive an annual salary of not
more than three thousand live hundred
and fifty dollars. . In case of a vacancy
in the office of chief justice or associate
justice of the Supreme Court, the gov-
ernor shall fill the vacancy until the next
general elect ion 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.
Sec. 3. The Supreme Court shall have
appellate jurisdiction only, which shall
be co-extensive with the limits of the
State, but shall only extend to civil
cases of which the District Courts have
original or appellate jurisdiction. Ap
peals may be allowed for interlocutory
judgments of tlie District Courts, in
such cases and under such regulations
as may be provided by law. The Su-
preme Court and the judges thereof
shall have power to issue, under sucl
regulations as may be prescribed by law,
the writ of mandamus anil all otlic
writs necessary to enforce the jurisdic
tion of said court. The Supreme Court
shall have power, upon affidavit or other
wise, as by the court may be thought
proper, to ascertain such matters of fact
as may be necessary to tlie proper exer-
cise of its jurisdiction. The Supreme
Court shall sit for the transaction of
business from tlie first Monday in Octo
her 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 sliall ap
point 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 said court for
good cause, entered of record on the
minutes of saitl court.
Sec. 5. The Court of Appeals shall
consist of three judges, any two of whom
shall constitute a quorum, and the con
currence of two judges shall lie nece
sary to a decision of said court. They
shall be elected by the qualified voters
of tho 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 elec-
tion; 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
"annual salary of three thousand five
hundred and lift}- dollars, which shall
not be increased or diminished during
tlieir term of office
Sec. 0. The Court of Appeals shall
have appellate jurisdiction co extensive
with the limits of the State in all crimi
nal cases, of whatever grade, and in all
civil cases, unless hereafter otherwise
provided by law, of which the County
Courts have original or appellate juris
diction. In civil cases its opinions shall
not be published, unless the publication
of such opinion be required by law.
The Court of Appeals and the judge
thereof shall have power to issue the
writ of habeas corpus, and, undersuch re
illations as may be prescribed by law
issue such writs as may be necessary to
enforce itsown jurisdiction. The Court
may lie increased or diminished by the
Legislature. For each district there
shall be elected, by the qualified voters
thereof, at a general election for mem-
bers of the Legislature, a judge, who
shall be at least tw enty 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 sliall have re-
sided in the district in which he is
elected for two years next'before bis
election; shall reside in his district dur-
ing his term of office; sliall hold his of-
fice for the term of four years; shall
receive an annual salary of twenty-five
hundred dollars, which shall not be in-
creased or diminished during his term
of service; and shall hold the regular
terms of court at one place iu each
county in tlie district twice in each
year, in such maimer as may be pre-
scribed by law. The Legislature shall
have power, by general act, to authorize
the holding of special terms, when nec-
essary, 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 be-
half of the State, to recover penalties,
forfeitures and eselicals; of all cases of
divorce; in cases of misdemeanor involv-
ing official misconduct; of all suits to
recover damages for slander or defama-
tion of character; of all suits for the
trial of title to land, and for the enforce-
ment of liens thereon; of all suits for 1jie
trial of right to property levied on by
virtue of any writ of execution, seques-
tration or attachment, when the prop-
erty levied on shall be equal to. or ex-
ceed in value five hundred dollars; and
of all suits, complaints or pleas what-
ever, without regard to any distinction
between law and equity, when tlie mat
ter in controversy shall be valued at or
amount to five hundred dollars, exclu-
sive 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 jurisdiction and general
control in probate matters over tlie
County Court established in each county,
for appointing guardians, granting let-
ters testamentary and of administration,
for settling the accounts of executors,
administrators and guardians, and for
tlie transaction of business appertaining
lo estates; and original jurisdiction and
general control over executors, adminis
trators, guardians and minors, under
such regulations as may be prescribed
by the Legislature.
lYII cases now pending in the Su-
preme Court of which the ('ourt of
Appeals lias appellate jurisdiction under
the provisions of this article, shall, as
soon as practicable after the establish-
ment of said Court of Appeals, be cer-
tified and the records transmitted to the
Court of Appeals, ami shall be decided
by sucli Court of Appeals, as if the
ime had been originally appealed ti
such court.
Sec. 9. There shall be a clerk for the
District Court of each county, who
hall be elected by the qualified vote
for State and county officers, and win
shall hold his office for two years, sub
jeet to removal by information or liy
mdictment by a grand.jury ami convit
tion by a petit jury. In case of va-
cancy, 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 lie impaneled
in any civil case unless demanded by
partv' 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 Ky the Legisla
turc.
Sec. 11. No judge shall sit in an
case wherein he may be interested, or
where either of the parties may be con
neeted with him by affinity or consau
guinity, within such degree as may be
prescribed by law, or where he slia
have been counsel in the case. AVhe
the Supreme Court or the Appcllat
Court, or any two of tlie member?
either, shall be thus disqualified to hear
and determine any case or eases in said
court, the same shall be certified to the
governor of the state, who shall imme
diately commission the requisite num
her of persons learned in tlie law ft
tlie trial and determination of said cause
or causes. When a judge of tho Di
trict Court is disqualified by any of tli
causes above'stated, the parties may, by
consent, appoint a proper person to tr
said case ;• or. upon their failing to elo
so. a competent person may be appoint
eil lu tij tlx. ill the oootity wlien
it is pending in such manner as may lie
prescribed by law. And the distrie
judges may exchange districts, or hold
courts for each other, when they may
deem it expedient, and shall elo so when
directed by law. The disqualification
of judges of inferior tribunals shall 1
remedied, and vacancies in their office
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 oflices.
be conservators of the peace throughout
tlie 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."'
And the County Courts or judges
thereof shall have power to issue writs
of mandamus, injunction, and all other
writs necessary to tlie 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 Criminal Dis-
trfct Court, unless expressly conferred
by law; and in such counties appeals
from .lustices' 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, shail
lie transferred to the District Court of
son of foreign birth, subject
the foregoing disqualificatioi
tary of state, and usee! by him officially I of Appeals shall have power, upon affi
under tho direction of tlie'governor, and
the seal of the State shall be a star of
five points encirclctl by olive and live
oak branches, and the words "The
State of Texas.'
Sec. 20. All commissions shall be in
the name and by the authority of the
State of Texas, scaled with the State
seal, signetl by the governor and at-
tested by the secretary of state.
Sec. 21. There shall be a secretary of
state, who shall be appointed by the
governor, by and with the aelvice and
consent of the senate, and who shall
continue in office during the term of
service of the governor elect. He shall
authenticate the publication of the laws,
and keep a fair register of all official
acts ami proceedings of the governor,
and shall, when required, lay the same,
and all papers, minutes and vouchers
davits or otherwise, as by the court may
be thought proper, to ascertain such
matters of fact as may be necessary to
the proper exercise of its jurisdiction.
The Court of Appeals shall sit for* the
transaction of business from the
Monday of October until the last Stdlif
day of June of every year, at the capital,
and at not more than two other places
in tlie 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 cause, entered of
record on the minutes of saitl court.
Sec. 7. The State shall lie divided
into twenty-six judicial districts, which
peace
Sec. 13. Grand and petit juries in the
District. Courts shall be composed of
twelve men. but nine members of a
grand jury shall be a quorum to trans-
act 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 verdict,
but when the verdict shall be rendered
by less than the whole number, it shall
be signed by every member of tlie jury
concurring in it. When, pending the
trial of any e:ase, one or more jurors, not
exceeding three, may tlie, or be disabled
from sitting, the remainder of the jury-
sliall have the power to render a ver-
dict ; provided, that the Legislature may-
change or modify tlie rule authorizing
less than the whole number of tlie jury-
to render a verdict.
Sec. 14. The ordinance dividing the
State into judicial districts, and fixing
the times of holding courts in the
several counties, shall remain in force
until otherwise provided by act of the
Legislature.
Sec. 15. There shall be established in
each county in this State a 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 con-
servator of the peace, and shall hold his
office for two years, and until his suc-
cessor sliall be elected and qualified.
He shall receive, as a compensation for
his services, such fees and perquisites
as may be prescribed by law.
Sec. 1(5. The County Court shall have
original jurisdiction of all misdemean-
ors of which exclusive original juris-
diction is not given to the Justice's
Court, as the same are now or may be
hereafter prescribed by law, and when
the line to lie imposed shall exceed two
hundred dollars; and they shall have
exclusive original jurisdiction in all
civil cases when the matter in contro-
versy shall exceed in value two hundred
dollars, and not exceed five hundred
dollars, exclusive of interest, and con-
current jurisdiction with the District
Courts, when the matter in controversy
shall exceed five hundred and not ex
cecd one thousand dollars, exclusive of
interest, but shall not have jurisdiction
of suits for the recovery of land, or to
enforce liens upon real estate. They
shall have appellate jurisdiction in
cases, civil and criminal, of which Jus-
tices' Courts have original jurisdic-
tion, but of such civil cases only when
the judgment of the court appealed
from shall exceed twenty dollars, ex-
clusive of costs, under 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 exclu-
sive or concurrent original jurisdiction,
an appeal shall lie to the Court of Ap-
peals, 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 administra-
tion, settle accounts of executors, ad-
ministrators and guardians, transact all
business appertaining to the estates of
deceased persons, minors, idiots, luna-
tics, persons non compos mentis, and
common drunkards, including the set-
tlement, partition and distribution ot
estates of deceased persons, and to ap-
prentice minors as provided by law.
1be same county for trial; and where
there exists any cause disqualifying the
mnty judge for the trial of a cause of
liich the County Court has jurisdic
tion, the District Court of such county
shall have original jurisdiction of such
uise.
Sec. 17. The County Court shall hold
term for civil business at least once in
very two months, and shall dispose of
probate business, either in s. iiii time or
ications, as may be provided by law,
nd said court shall hold a term for
criminal business once in every month,
mayr be provided by law. Prosecu-
tions may be commenced in said court
byr information filed by the county at-
torney, or by affidavit, as may be pro
ided by law. Grand juries impanel
I in the District Courts shall inquire
into misdemeanors, and all indictment
therefor returned into the District
Courts shall forthwith be certified to the
'oilnt j- Courts, or other inferior courts,
laving 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 dis-
charged, 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 impaneled to try a civil case,
unless demanded by one of tlie parties,
who shall pay such jury fee therefor, in
advance, as may be prescribed by law,
unless he makes affidavit that he is un-
able to pajr the same.
Sec. 18. Each organized county in the
State, now or hereafter existing, shall
be divided from time to time, for the
convenience of the people, into pre
einets, not less than four and not more
than eight. The present County Courts
shall make the first tlivision. Subse-
quent divisions shall be made by the
County Commissioners' Court, provided
for by this constitution. In each such
precinct there shall be elected at each
biennial election one justice of tlie
peace and one constable, each of whom
shall hold his office for two years, and
until his successor shall be elected and
qualified; provided, that in any precinct
in which there may be a city of eight
thousand or more inhabitants, there
til be elected two justices of the
peace. Each county shall, in like man-
ner, be divided into four commissioners'
precincts, in each of which there shall
be elected by the qualified voters thereof
one county commissioner, who shall
hold his ofiice for two years, and until
his successor shall be elected and quali
lied. The county commissioners so
chosen, with the county judge as pre-
siding officer, shall compose the County
Commissioners' Court, which shall ex
ereise such powers and jurisdiction
over all county business as is conferred
by this Constitution and the laws of this
State, or as may hereafter be prescribed
Sec. 19. Justices of the peace shall
have jurisdiction in criminal matters of
all cases where the penalty or tint: to bo
imposed by law may not be more than
two hundred dollars, and in civil mat
tcrs of all cases where the amount in
controversy is two hundred dollars or
less, exclusive of interest, of which ex
elusive original jurisdiction is not given
to the District or County Courts; and
such other jurisdiction, criminal and
civil, as may be provided by law, unde
such regulations as may be prescribed
by law; and appeals to the Count
Courts shall be allowed in all cases de
cided in Justices' Courts where the
judgment is for more than twenty dol
lars exclusive of costs; ami in all crim
inal cases under such regulations
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
may be provided by law.
Sec. 20. There sliall be elected for
each county, by the qualified voters,
county clerk, who shall hold bis offic
for two years, who shall be clerk of the
County and Commissioners' Courts, ami
recorder of the county, whose dutie
pornuisites and fees of office shall 1
prescribed by the Legislature, and a v:
cancy iu whose office shall be filled liy
the County 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 e>f district and
county clerks.
Sec. 21. A county at torney, for coun
ties in which there is not a resilient
criminal district attorney, shall be elect-
ed. 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 coun-
ties; 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 attor-
neys shall in such counties be regulated
by tlie Legislature. The Legislature
may provide for the election of district
attorneys in such districts as may be
deemed necessary, and make provision
for tho compensation of district attor-
neys and county attorneys; provided,
district attorneys shall receive an annual
salary of five hundred dollars, to be
paid "by the State, and such fees, com-
missions and perquisites as may be pro-
vieletl 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 in-
crease, diminish or change the civil and
criminal jurisdiction of County Courts;
and in cases of any such change of juris-
diction, the Legislature shall also con-
form the jurisdiction of tlie other courts
to such change.
Sec. 23. There shall be elected by tlie
qualified voters of each county a sheriff,
who shall hold his office for the term of
two years,whose duties, and perquisites,
and tees of office, shall be prescribed by
tlie Legislature, and vacancies in whose
office shall be filled by the County Com-
missioners' Court until the next general
election for county or Stato officers.
Sec. 24. County judges, county at-
torneys, clerks of the District and
County Courts, justices of the peace,
-constables, and other county officers,
maybe removed byr the judges of the
District Courts, for incompetency, of-
ficial misconduct, habitual drunkenness,
or other causes defined by law, upon
the cause therefor being set forth ill
writing, and the finding of its truth by
a jury.
Sec. 25. The Supreme Court shall
have power to make rules and regitla
tions for the government of said court,
and the other courts of the State, to
regulate proceedings and expedite the
dispatch of business therein.
Sec. 20. The State shall have no right
of appeal in criminal cases.
Sec. 27. The Legislature shall, at its
first session, provide for the transfer of
all business, civil and criminal, pending
in District Courts, over which jurisdic-
tion is given by this Constitution to tlie
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 lie filled by the governor until the
next succeeding general election; and
vacancies in tlie office of county judge,
and justices of the peace, shall be tilled
by the County Commissioners' Court,
until tlie next general election for such
offices.
Sec. 2. Every male person subject to
none of the foregoing disqualifications,
who shall have attained the age of twen-
ty-one years, and who shall lie a citizen
of the United States, and who shall have
ided in this State one year next pre-
ceding an election, and the last six
months within the district or county in
which he offers to vote, shall be deemed
a qualified elector; and every male per-
t to none of
iqualitlcations, who, at
any time before an election, shall have
declared his intention to become a citil
zen 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 elec-
tors shall vote in the election precinct of
their residence; provided, that electors
living in any unorganized county, may-
vote at any election precinct 'in the
county, for judicial purposes, to which
such county is attached.
Sec. 3. All qualified electors of the
State, as herein described, who shall
ose shall lie qualified to vote who pay
xes on property- in said city or ineor-
ave resided for six months immediately
preceding an election within the limits
any city or corporate town, shall
ive the right to vote for mayor and all
itlier elective officers; but iii all elec-
ions to determine expenditure of
money or assumption of debt, onlv
tllO!
ft
poratcd town; provided, that no poll tax
ir the payment of debts thus incurred
shall be; levied upon the persons de-
barred from voting in relation thereto.
Sec. 4. In all elections by the people
he vote shall be by ballot, and the Leg-
,lature shall provide for the numbering
of tie-kets and make such other regula-
ions as may be necessary to detect and
punish fraud and preserve the purity
f the ballot box; but no law shall ever
enacted requiring a registration of
he voters of this State.
Sec. 5. Voters shall in all cases, ex-
ept treason, felony or breach of the
peace, be privileged from arrest during
their, attendance at elections, and in go-
ing to antl returning therefrom.
A11T1CLK VI.
Sufl'rage.
Section 1. The following classes of
persons shall not be allowed to vote iu
this State, to w it:
— Persons - under twenty-one
years of age.
Second—Idiots and luuat ics.
Third—All paupers supported by any
county.
Fourth—All persons convicted of any
felony, subject to such except ions as. the
Legislature may make.
Fifth—All soldiers, marines and sea-
men employed in the service of the
army or navy of the United States.
ARTICLE VII.
I'M ileal ion-Public Free School*.
Section 1. A general diffusion of
knowledge being essential to the pres
rvation of the liberties and rights of
tho people, it shall bo the duty of tho
Legislature of the State to establish antl
make suitable provision 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 ap-
propriated for the support of public-
schools ; all the alternate sections of
and reserved by the State out of grants
heretofore made, or that may hereafter
be made, to railroads, or other corpora-
tions, of any nature whatsoever ; one-
lialf of the public domain of the State,
and all sums of money that may come
to the State from the sale of any por-
tion of the same, shall constitute a per-
petual public school fund.
Sec. 3. There sliall be set apart an-
nually not more than one-fourth of the
general revenue of the State, and a poll
tax of one dedlar on all male inhabit-
ants in this State between the ages of
twenty-one and sixty years, for the ben-
efit of tlie public free schools.
Sec. 4. The lands herein set apart to
tlie public free school fund shall be
sold, under such regulations, at such
times, and on such terms, as may be
prescribed by law; and the Legislature
hall not have power to grant any re-
lief to the purchasers thereof. The
comptroller shall invest the proceeds
of such sales, and of those heretofore
made, as may be directed by the Board
of Education herein provided for, iu the
bonds of this State, if the same can be
obtained, otherwise in United States
bonds; and the United States bonds
now belonging to the saitl fund shall
likewise be invested in State bonds, if
the same can be obtained an terms ad-
vantageous to the school fund.
Sec. 5. The principal of all bonds
and other funds, and the principal
arising from the sale of the lands liere-
intofore set apart to saitl school fund,
shall be the permanent school fund;
and all the interest derivable therefrom,
and the taxes herein authorized and
levied, shall be the available school
fund, which shall be applied anntially
to the support of tlie public free
schools. And no law shall ever be
enacted appropriating any part of the
permanent or available school fund to
any other purpose whatever; nor shall
the same, or any part thereof, ever be
appropriated to or used for tlie support
of any sectarian school; and the availa-
ble school fund herein provided shall
be distributed to the several counties
according to their scholastic population,
and applied in manner as may be pro-
vided by law.
Sec. it. All lands heretofore or here-
after granted to the »ovcral counties of
this State for education or schools are
of right the property of saiel counties
respectively to which they were granted,
antl title thereto is vested in said coain
ties, and no adverse possession or limi-
tation shall ever be available against the
title of any county. Each county may-
sell or dispose of "its lands in whole or
in part, in manner to be provided by
the Commissioners'Court of the county.
Actual settle>rs residing oil said lands
shall be protected in tlie prior right of
purchasing the "same to the extent of
their settlement, not to exceed one hun-
dred and sixty acres, at the price fixed
by saitl court, which price shall not in-
clude the value of existing improve-
ments made thereon by such settlers.
Saitl lands and tlie proceeds thereof
when sold shall be held by saitl coun-
ties alone, as a trust for the benefit of
public schools therein; said proceeds
to be invested in bonds of the State of
Texas, or of the United States, and only
the interest thereou to be used and ex-
pended annually.
Sec. 7. Separate schools shall be
provided for the white and colored chil-
dren, and impartial provision shall be
made for both.
Sec. 8. The governor, comptroller
and secretary of state shall constitute a
Board of Education, w ho shall distribute
said funds to the several counties, and
perform such other duties concerning
public schools as may be prescribed by-
law.
asylums.
Sec. 9. All lands heretofore granted
for tlie benefit of the Lunatic, Blind,
Deaf and Dumb, antl Orphan Asylum, to
getlier with sucli donations as may-
liave been or may hereafter be may to
either of tliem, respectively, as indica-
ted in the several grants, are hereby set
apart to provide a permanent fund for
the support, maintenance and improve-
ment of said asylums. And the Legis-
lature may provide for the sale of the
lands and the investment of the proceeels
in manner as provided for the sale ami
investment of school lands in section -1
of this Article.
university.
Sec. 10. The Legislature shall, as
soon as practicable, establish, organize,
and provide for the maintenance, sup-
port antl direction of a university of the
first class, to be located by a vote of the
people of this State, and styled "The
University of Texas." for tho promotion
of literature and the arts and sciences ;
including an agricultural and mechani-
cal department.
Sec. 11. In order to enable the Legis-
lature to perform the duties set forth in
the foregoing section, it is hereby de-
clared that all lands and other property
lieretofore set apart and appropriated
for the establishment and maintenance
of "The University of Texas." together
with all the proceeds of sales of the
same, heretofore made or hereafter so to
be made, and all grants, donations antl
appropriations that may hereafter lie
made by the State of Texas, or from any
other source, shall constitute and be-
come a permanent university fund. And
the same, as realized and received into
the treasury of the State (together with
such sums belonging to the fund as may
now be in the treasury), shall be invested
in bonds of the State of Texas, if the
same can be obtained ; if not. then
iu United States bonds; and the in-
terest accruing thereon shall be subject
to appropriation by the Legislature to
accomplish the purpose declared in the
foregoing section; provided, that one-
tenth of the alternate sections of the
lands granted to railroads reserved by
tlie State, which were set apart antl ap-
propriated to the establishment of "The
University of Texas," by an act of the
Legislature of February 11, 1858. enti-
tled "An Act to establish 'The Univer
sity of Texas,' " sliall not lie included in
or constituted a part of tlie permanent
university fund.
Sec. 12. The land herein set apart to
the University fund shall be sold untler
such regulations at such times and un-
der such terms as may be provided I y
law; antl the Legislature shall provide
for the prompt collection, at maturity,
of all debts due em account of Univer-
sity lands heretofore sold or that may
hereafter be sold, and shall in neither
event have the power to grant relief to
the purchasers.
Sec. 13. The Agricultural and Me-
chanical College of Texas, established
by an act of the Legislature, passed
April 17, 1871. located iii the county of
Brazos, is hereby made and constituted
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View four places within this issue that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
The Galveston Daily News. (Galveston, Tex.), Vol. 34, No. 275, Ed. 1 Saturday, November 27, 1875, newspaper, November 27, 1875; (https://texashistory.unt.edu/ark:/67531/metapth463528/m1/2/?q=Lamar+University: accessed June 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.