The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944 Page: 13
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Establishing the Texas Court of Appeals, 1875-1876 13
Waelder proposed that all cases then pending in the supreme
court in which the court of appeals would have appellate
jurisdiction under the provisions of the article, should, as soon
as practicable after the establishment of said court of appeals,
be certified, and the records transmitted to the court of appeals.
There the cases should be decided by that court as if they had
been originally appealed to it.30
On November 20 the Judiciary Article was passed by the
Convention by a vote of forty-seven to thirty.3
4. Provisions in the Judiciary Article of Constitution
Naturally, the constitutional provisions, which in their final
form reorganized the courts of Texas, were the result of com-
promise; a supreme court, a court of appeals, district courts,
county courts, justice courts, commissioners' courts, "and such
other courts as may be established by law" were provided for.
The Legislature was empowered to establish criminal district
courts in cities of 30,000 or more inhabitants, provided that
the favored city would support the court after it was estab-
lished. The supreme court should consist of a chief justice
and two associate justices, while the court of appeals should
be made up of three judges. The minimum age requirement
for the supreme court and court of appeals judges was set at
thirty years, and they were required to have been practicing
lawyers or judges of a Texas court for at least seven years.
The supreme court was given appellate jurisdiction over all
criminal cases, as well as over all civil cases in which the
district court had original or appellate jurisdiction; the court
of appeals was given appellate jurisdiction over all criminal
cases, and over civil cases in which the county courts had
original or appellate jurisdiction. Each of the higher courts
was permitted to convene at two places other than the capital,
was required to hold sessions from October until June in-
clusive, and was permitted to appoint a clerk for each place
at which it might convene. The terms of the judges of the
supreme court and of the court of appeals were to be for
six years, and their salaries were fixed at $3,550 a year. Va-
cancies in the office of judges of the supreme court and court
3Journal of the Convention, 649.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944, periodical, 1944; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146054/m1/17/: accessed September 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.