Texas Almanac, 1949-1950 Page: 62

62 TEXAS ALM 1NAC -1949-1950.

Article V.-(Continued.)
Supreme Court and each shall continue in
office as such Associate Justice of the Su-
preme Court until January 1st next preceding
the expiration of the term to which he has
been appointed and until his successor shall
be elected and qualified.
[Note.-The fore going Sec. 2 of Art. V has
been twice amended: (1) To raise salaries and
make minor adjustments, by amendment submit-
ted by the Twenty-Second Legislature, ratified
in an election Aug. 11. 1891, and declared adopted
Sept. 22. 1891; and (2) to raise the number of
justices on the Supreme Court from three to nine
and make other adjustments, by amendment sub-
mitted by the Forty-Ninth Legislature and adopt-
ed min an election Aug. 25, 1945.1
Sec. 3. Jurisaiction; Terms of Court.-The
Supreme Court shall have appellate jurisdic-
tion only except as herein specified, which
shall be coextensive 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 regu-
lations as the Legislature may prescribe.
Until otherwise provided by law, the appel-
late jurisdiction of the Supreme Court shall
extend to questions of law arising in the
cases of 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 man-
damus, procedendo. certiorari and such other
writs as may be necessary to enforce its
jurisdiction. 'the Legislature may confer orig-
inal 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 mat-
ters of fact as may be necessary to the
proper exercise of its jurisdiction. The Su-
preme Court shall appoint a clerk, who shall
give bond in such manner as is now or may
hereafter be required by law, and he may
hold his office for four years and shall be
subject to removal by said court for good
cause entered of record on the minutes rf
said court. who shall receive such compen-
sation as the Legislature may provide.
[Note.-The foregoing Sec 3 of Art. V has been
twice amended, as follows (1) To readjust lurls-
diction of the Supreme Court to that of the
Courts of Civil Appeals which were established
by amendment of the same date. and also to
ronsohdate the original Sec 4, previdmg for a
clerk of the court. with Sec 3, by amendment
submitted b. the 'Twenty-Second Legislature
(1891), ratified Aug 11, 1891, and proclaimed
Sept. 22. 1891: and i2) to eliminate provisions
that the Supreme Court "sit from first Monday
min October of each year until the last Saturday
in June of the next year." by amendment sub-
:nmitted as part :f the amendment which added
Sec 3-a. See note on that section. 1
See. 3-a. Time of Sittina.-The Supreme
Court may sit at any time during the year
at the seat of government for the transaction
of business and each term thereof shall begin
and end with each calendar year.
~Note.-The foregoing Sec 'i-a of Art. V was
added to make the time of sitting of the Supreme
Court discretionary with that court. It was sub-
stituted for a provision formerly incorporated ir

Sec. 3. (See note on Sec 3.) Submitted by Forty-
First Legislature (1929), ratified min an election
Nov. 4. 1930, and proclaimed Dec. 17. 1930. 1
Sec. 3-b. Direct Appeal.-The Legislature
shall have the power to provide by law, for
an appeal direct to the Supreme Court of
this State from an order of any trial court
granting or denying an interlocutory or per-
manent injunction on the grounds of the
constitutionality or unconstitutionality of any
statute of this State. or on the validity or
invalidity of any administrative order issued
by any state agency under any statute of
this State.
[Note --The foregoing See. 3-b of Art V was
added for the stated purpose of providing for
direct appeals. Submitted by Forth -Sixth Legis-
lature and adopted in an election Nov. 5. 1940 ]
Sec. 4. Court of Criminal Appeals.-The
Court of Criminal Appeals shall consist of
three Judges, any two of whom shall consti-
tute a quorum, and the concurrence of two
Judges shall be necessary to a decision of
said court. Said Judges shall have the same
qualifications and receive the same salary
as the Judges of the Supreme Court. They
shall be elected by the qualified voters of the
State at a general election and shall hold
their offices for a term of six years. In case
of a vacancy in the office of a Judge of the
Court of Criminal Appeals the Governor
shall fill such vacancy by appointment for
the unexpired term.
The Judges of the Court of Appeals who
may be in office at the time when this
amendment takes effect shall continue in
office until the expiration of their term of
office under the present Constitution and
laws as Judges of the Court of Criminal
Appeals.
[Note -The foregoing Sec. 4 of Art. V is an
amendment, superseding in part. the original
Sec. 5 which provided for the old "Court of Civil
Appeals." The original Sec. 4 prliided for the
appointment of Supreme Court clerks, and was
absorbed in the amended Sec. 3. Submitted by
Twenty-Second Legislature (1891). ratified Aug
11, 1891, and adopted Sept. 22, 1891.1
Sec. 5. Jurisdiction; Powers; Term; Clerk.
Etc.-The Cort of Criminal Appeals shall
have 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 ;hall haxe the power to issue
writs of habeas corpus and, under such regu-
lations as may be prescribed by law. Issue
such writs as may be necessary to enforce
its own jurisdiction. The Court of Criminal
Appeals shall have power upon affidavit or
otherwise to ascertain such matters of fact
as may be necessary to the exercise of its
jurisdiction. The Court of Criminal Appeals
shall sit for the transaction of business from
the first Monday in October to the last Sat-
urday in June in each year at the State capi-
tal and two other places (or the capital city)
if the Legislature shall hereafter so provide.
The Court of Criminal Appeals shall appoint
a clerk for each place at which it may sit,
and each clerk shall give bond In such man-
ner as is now or may hereafter be required
by law. and who shall hold his office for
four yeai s. unless sooner removed by the
court for good cause entered of record on the
minutes of said court.
[Note --The foregou.g Sec. 5 of Art. V is an
amendment, superseding primary the. rig!lri
Sec 6, whicr: defined lurlsdition, powers, etc ,