The Executive Power.
4. 7'he Governor is elected by the qualified Mee. tors of the state, at the time and places of elec tions for members of the legislature. Art. b, 0 2. He bolds his office for two years from the regular time of installstion, and until his successor has been duly qualified, hut is not eligible for more than four years in ony term of six years. Art. 5, 0 4. He must be at least thirty years of age, a citizen of the United States or of Texas at the time of the adoption of the constitution, and have resided in the same three years next immediately preceding his election. Art. 5, 0 4. He is com mander-in-chief of the army and navy of the state, may require information from officers of the executive department, may convene the legisla ture, or adjourn the same when the houses cannot agree, may recommend measures to the legisla ture, must cause the laws to be executed.
A is chosen at every election for governor, by the same persons and in the same manner, continues in offioe tor the same time, and must possess the same qualifications. In voting for governor and lieutenant-governor, the electors are to distinguish for whom they vote as governor ant:I f:3r whom as lieutenant-governor. The lieutenant governor, by virtue of his office, is president of the senate, and has, when in committee of the whole, a right to. debate and vote on all questions, and, when the senate is equally divided, to give the casting vote. In case of the death, resignation, removal from office, inability or refusal of' the governor to serve, or of his impeachment or absence from the state, the lieutenant-governor exercises the power and authority appertaining to the office of governor until another is chosen at the periodical election and is duly qualified, or until the governor impeached, absent, or disabled is acquitted, returns, or his dis ability is removed. Const. art. 5,0 12.
The Judicial Power.
5. The judicial power is vested in one supreme court, in district courts, and in such inferior courts as the legislature may from time to time ordain and establish ; and such jurisdiction may be vested in corporation courts, us may be deemed necessary and be directed by law. Ccrnst. art. 4,0 1. The governor nominates and, by and with 'the advice and consentof two-thirds of the senate, appoints the judges of the supreme and district conrts; and they hold their offices for six years. Const. art.
4,0 5.
The Supreme Court consists of a chief justice and two associates, any two of whom form a quorum. Art. 4,0 2. It appoints its ownelerk. The supreme court has appellate jurisdiction only, coextensive with the limits of the state, but in criminal cases, and in appeals from interlocutory judgments, witb such exceptions and under suoh regulations aa the legislature may make; and the supreme court and jedges thereof have power to issue the writ of_ habeas corpue, nnd, undor such regulations as may be prescribed hy law, may issue writs of manda mus, and such other writs as niay be necessary to enforce its own jurisdiction ; and may also compel a judge of the district court to proceed to trial and judgMent in a cause. The snpreme court holds its sea:dons once every year, between the months of October an.d June inclusive, at Austin, Galveston, and Tyler.
The District Courte, of which there are some twenty in the state, holding semi-annual terms, have original jurisdiction of all criminal actions, and power to inquire, through the intervention GI' a grand jnry, into all offences committed or triable within their respective jurisdictions; to hear aud determine all prosecutions in the naine of the state, by indictment or Information ; to inquire into the cause of the detention of persons imprisoned in the jails of their respective districts, and make all orders necessary for their receinmitment, discharge, or ad mission to bail, by the writ of habeas corpus, or in such other manner as may be prescribed by law; and to exercise all other powers conferred by the code of criminal procedure. In civil cases the district eourts have original jurisdiction of all suits in behalf of the state to recover penalties, forfeitures, and es cheats; of all cases of divorce; of all suits, com plaints, and pleas whatever, without regard to any distinction between law and equity, when the matter in eontroversy is valued at or amounts to one hundred d9pars, exclusive of interest. They have original jurisdiction in probate matters when the judge or clerk of the county court is interested therein. The district courts and the judges thereof nave power to grant all remedial writs known to the law, and to issue all writs necessary to enforce their own jurisdiction and to give them a general superintendence and control over the courts of in ferior jurisdiction.