Texas Almanac, 1947-1948 Page: 64

TEX aS ALMANAC -1947-1948

Article V.-(Continued )
laws as Judges of the Coui t of Ci iminal
Appeals
[Note -The foregoing Sec. 4 of Art V is an
amendment, superseding in part, the original
See 5 which provided for the old "Court of C1i11 i
Appeals " The original Sec 4 provided for the
appointment of Supreme Court clerks, and was
absorbed in the amended Sec 3 Submitted by
T"xfent-Second Legislature (1891, ratified Aug.
11, 1891, and adopted Sept 22, 1891
Sec 5 Jurisdiction; Powers; Term; Clerk,
Etc-The Court of Ciminal Appeals shal l
hau\e appellate jurisdiction coextensive with
the limits of the State in all criminal cases
of whatever grade, with such exceptions and
under such regulations as may be prescribed
by law.
The Court of Criminal Appeals and the
Judges thereof shall hae the power to issue
rits of habeas corpus and, under such regu-
lations as may be presciibed by law, issue
such writs as may be necessai v to enforce
its own jurisdiction The Court of Criminal
Appeals shall haN e power upon affidavit or
otherwise to ascertain such matters of fact
as may be necessary to the exercise of its
jurisdiction The Court of Criminal Appeals
shall sit for the tiansaction of business from
the first Monday in October to the last Sat-
urday in June in each sear, at the State capi-
tal and two other places (or the capital cit)
if the Legislature shall hereafter so provide
The Court of Criminal Appeals shall appoint
a clerk for each place at which it may sit
and each clerk shall gie bond in such man-
ner as is now or may hereafter be required
by law, and who shall hold his office foi
four years, unless sooner removed by the
court for good cause enteied of record on the
minutes of said court
[Note -The foregimng Sece 5 of Art V is an
amendment, superseding primarily the original
Sec 6, which defined jurisdiction, pers, ertc
of the old "Counrt of Appeals " (See also note on
Sce 6 below ) Submitted bx Twenty-Second Leg-
islature (181)11, ratilied at an election Aug 11,
18(1, and declared adopted Sept 22, 1891
Sec 6 Supreme Judicial Districts; Courts
of Civil Appeals, Jurisdiction ; Term, Jus-
tices; Election; Salary; Clerk.-The Legis-
lature shall, as soon as practicable after the
adoption of this amendment, divide the State
into not less than t1o nor more than three
supreme judicial districts, and there eaftei
into such additional districts as the increase
of population and business may require and
shall establish a Court of Civil Appeals in
each of said districts which shall consist of
a Chief Justice and two Associate Justices
who shall have the qualifications as herein
prescribed for Justices of the Supreme Court
Said Courts of Cil Appeals shall hase appel-
late jurisdiction coextensive xith the limits
of their respective districts which shall ex-
tend to all civil cases of Nxhich the District
Courts or Counts Couits hake original or
appellate jurisdiction under such restrictions
and regulations as may be pi described hi lass
Provided, that the decisions of said couit
shall be conclusive on all questions of tact
brought before them on appeal or error
Each of said Courts of Civil Appeals shall
hold its sessions at a place in its district to
be designated by the Legislature and at such
time as may be piesciibed by law Said jus-
tices shall be elected by the qualified %oters
of their respective districts at a general elec-
tion for a term of six years and shall receis e
for their services the sum of $3 500 per an-
num until otherwise provided by las Said
courts shall have such other jurisdiction
original and appellate, as may be presci ibed
by law. Each Couit of Civil Appeals shall
appoint a clerk in the same marner as the
clei k of the Supreme Coun t ~hich clei k 'hall

receive such compensation as may be fixed
by law
Until the organization of the Courts of Ci1 i
Appeals and Criminal Appeals, as herein plo-
sided for, the jurisdiction, power and organ-
ization and location of the Supreme Court.
the Court of Appeals and the Commission of
Appeals shall continue as they were before
the adoption of this amendment.
All civil cases which may be pending in the
Court of Appeals shall, as soon as practicable
after the organization of the Courts of Civil
Appeals, be certified to and the records there-
of transmitted to the pioper Court of Cii
Appeals to be decided by said courts. At the
fist session of the Supreme Court, the Court
of Ci iminal Appeals and such of the Courts
of Civil Appeals which may be heieafter
created under this article, after the fiist
election of the judges of such courts, under
this amendment, the terms of office of the
judges of each court shall be divided into
three classes and the Justices thereof shall
draw for the different classes. Those who
shall draw class No. 1 shall hold their offices
two years, those drawing class No. 2 shall
hold their offices for four yeats, and those
vho may draw class No. 3 shall hold their
offices for six years from the date of their
election and until their successors are elected
and qualified, and thereafter each of the said
judges shall hold his office for six yeas, as
provided in this Constitution.
[Note-The foregoing Sec. 6 of Art. V, estab-
lishing the Courts of Ciil Appeals, is an amend-
ment superseding parts of the original Sees 5
and 6, which provided for the old "Court of Ap-
peals," and defined its jurisdiction, powers, etc.
Submitted by Twenty-Second Legislature (1891 ,
ratified at an election Aug 11, 1891, and de-
clared adopted Sept. 22, 1891.]
Sec. 7. Judicial Districts; Judges; Their
Qualifications; Residence; Term of Office;
Salary; Terms of Court.-The State shall be
divided into as many judicial districts as may
now or hereafter be provided by law, shich
may be increased or diminished by law. Foi
each district there shall be elected by the
qualified voters thereof, at a general election
a judge, who shall be a citizen of the United
States and of this State, who shall hase been
a pi acting lawyer of this State or a Judge
"f a coui t in this State. for foui years next
preceding his election, who shall have resided
in the district in which he was elected for
t%%o yeai s next preceding his election, who
shall reside in his district during his ter'm of
office ho shall hold his office for the period
of four years and shall receive for his sers-
lees an annual salary of $2,500, until other-
\.ise changed by law He shall hold the
regular terms of his court at the county seat
of each county in his district at least twice
in each year in such manner as may be pre-
scribed by law The Legislature shall have
power by general or special laws to authorize
the holding of special terms of the court or
the holding of more than two terms in any
county for the dispatch of business.
The Legislature shall also provide for the
holding of district court when the Judge
thereof is absent or is from any cause dis-
abled or disqualified from presiding.
The District Judges who may be in office
when this amendment takes effect shall hold
their offices until their respective terms shall
expire under their present election or ap-
pointment.
[Note -The foregoing Sec 7 of Art. V is an
amendment, being a general revision of the
original Sec. 7 to eliminate specification that
judge must be "twenty-fie years of age" and
making minor changes Submitted by Twenty-
Second Legislature (1891 i, ratified at an election
Aug 11, 1891, and declaed adopted Sept 22,
1891 1