Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 575
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1875.1 ROYSTON v. GIIFFIN. 575
Opinion on motion for rehearing.
that any of the cases in this State are sufficiently in point to
throw much light on the question.
Shelby v. Johnson was a contest over the office of District
Judge, whose term of office was fixed by the Constitution as
follows: "The judges of the Supreme and Superior Courts
" shall hold their office for four years, be eligible to re-election,
"etc." A vacancy in that office having occurred by death,
Shelby was by both houses of Congress duly elected to fill the
unexpired term. It was held to be beyond legislative authority
thus to limit the term of his office. It was also said that
there was nothing in the clause of the Constitution just cited,
to justify the construction that the tenure of the judicial office
was for a carried-out fixed term, with a precise period for the
beginning and termination, or that in case of death, the appointee
should hold only for the unexpired term. The clause
of the Constitution which the court was construing is unlike
the statute in question, in that it contains nothing whatever on
the subject of the occurrence or filling of vacancies.
Bradley v. McCrabb (1 Dillon, 504) was a contest over the
office of Clerk of the District Court, whose term of office was
fixed by the Constitution at four years. The general election
law contemplated elections for that office in all the counties, in
February, 1837, but in some counties, in consequence of depopulation,
no election was held at that time, and a supplemental
law was passed in June, 1837, authorizing elections in such
counties, at such time as they might deem proper. Under this
supplemental law McCrabb was elected in January, 1838. The
question was whether he was entitled to hold for four years, or
must give place to Bradley, chosen at a general election in
February, 1841. The court gave the office to McCrabb for the
full term of four years. There was no question as to filling a
vacancy, but simply whether McCrabb's constitutional right to
the office for four years was affected by the mistake of ministerial
officers.
Roman v. Moody was a case differing from the last only, in
that the contest was over the office of County Clerk, the term
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/583/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .