The Southwestern Historical Quarterly, Volume 47, July 1943 - April, 1944 Page: 14
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Southwestern Historical Quarterly
of appeals were to be filled by appointments made by the gov-
ernor until the next general election.32
II. THE WORK OF THE FIFTEENTH LEGISLATURE, 1876
1. Attack on the Judiciary Article
During the campaign in Texas for the ratification of the
Constitution, Governor Richard Coke favored its approval.
In fact, he said that with one or two amendments it could
be made perfect.33 On the other hand, the great opposition to
the Constitution came from the legal profession, and it was
confined solely to the Judiciary Article. It was pointed out
that the newly created judicial system was more cumbrous and
expensive than the old one, that it would create an entire
change in the judicial system, that it necessitated the en-
actment of new statutory laws, and that such experiments
were dangerous; then, if found impracticable and unsatis-
factory, amendments would have to be made two years later,
which, if adopted, would again require the revision of the
statutory laws. This would create confusion in the laws and
retard the ends of justice.34 In spite of this opposition, the
Constitution was ratified by the voters.
To the Fifteenth Legislature, whose session began at Austin
on April 18, 1876, fell the task of enacting into law the con-
stitutional provisions requiring the reorganization of the ju-
dicial branch of the state government. Governor Coke, in his
message of April 19 to this Legislature, recommended that
the Judiciary Article be substituted by another article."
Among other things, it was perhaps to be inferred that the
governor wished to appoint the judges.36 On April 19 Senator
Edwin Hobby, chairman of the senate's judiciary committee
number one, introduced a bill in the senate providing for the
organization of the court of appeals and the regulation of
procedure in criminal cases therein. The next day he offered
a bill defining the powers of the court of appeals and regulat-
ing the mode of procedure in civil cases in that court.37 Both
32H. P. N. Gammel, Laws of Texas, 1822-1897, VIII, 800-808.
"3Daily State Gazette (Austin), April 21, 1876.
34Ibid., April 21, 1876.
7Ibid., April 21, 1876.
"6Ibid., May 3, 1876.
37Texas Senate Journal, Fifteenth Legislature, 11; 63.
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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/m1/18/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.