aUbhnenie ae sh A MOL ae Be yy ra ital Me niaah tay sth a? ag ia HAAS VN Cee AP ar Anse ets aia ioe vis pea era, bp POP ALCP EL a 7 A es és AeA pated urn Cann nAl [ sepkcserapasie hi Y hi dedi hehe Sotpabl dicen fe ree et bet te os ats eaceumesesaces phe i Podesta ew Bo aCe amen eae LE As HTL Ty wilemigyely ae TEN ean. An lias tel ne Sein lt ale esas A Ble ae ee Rite hE Met Le Pe enikoen bos i ot et oe AG nad ost Rerqena tt teeter” die ieee at Southwest Texas State University Library JK4825 1912 .17 Triplett, Henry Franklin, Civi as and fede 010148 | | 0 11 ce Osh 7es 2 000 ( rersity DATE DUE Vette JK 4825 a l a61120c SWTSU LEARNING RESOURCES CENTER Date Due Rae tse L ny w i } BRIA eS. ~2 | TEXAS 158] oO SAN MAROC. een once somes THE SIX FLAGS OF TEXAS 1. Spain 3. United States 5. Mexico 2. France 4. Republic of Texas 6. Confederate States. eC. CIVICS: Texas and Federal BY HENRY F. TRIPLETT Superintendent of Schools, Beaumont. FERDINAND A. HAUSLEIN Late Professor in the North Texas Normal College REIN & SONS COMPANY HOUSTON, TEXAS WE EB RR AIR: Y Southwest Texas State University San Marcos, Texas 78666 Copyright 1912 By REIN & SONS COMPANY Ar vt reverence of the ef law be breathed by ruery mother to the lisping hake that prattles on her lap; let it be taught in schools, sriminaries and rolieges; let it be written in urtniers, syeliivg hoors and almanars; iet it be preached from pul- pits and proclaimed in legislatine halls, and en- forred in rourts of jues- tire; in short, let it be- come the politiral reli- gion of the nation. Abraham Lincoln PREFACE. FROM the state viewpoint education is fostered to de- velop good citizens and thus to insure to ali the people of the Nation security in their personal and property rights. A knowledge of our government and of the conditions that produced our constitutions and laws helps to make good citizens and is the best safeguard to our State. As the States are sovereign in our government, a citi- zen feels the influence of the laws of his State in his every-day life, while that of the National laws is more remote. For this reason the young citizen should first familiarize himself with the government of his own State in his study of civics, and then the study of Na- tional government will be natural and easy. In studying the civic affairs of Texas the student realizes that no other commonwealth has such a varied and interesting history. Through every stage of it Texas has been blessed with patriots who cared more for right principles and righteous government than for material prosperity. Texas took active part in throwing off Spanish rule and oppression in Mexico, and in the establishment of the Mexican Republic. In this republic, Texas loyally supported Mexico till republicanism in the nation was only a name. But when men’s rights were disregarded by Mexico’s tyrannical dictator, Texans took up arms for citizen rights, won Texan independence from Mexico, and established the Republic of Texas by as marked valor as was shown at Thermopylae. Realizing her intimate relation to the United States, Texas voluntarily changed from a Republic to a State of the American Union, and later, joining the cause of _ = PREFACE the Southern Confederacy, she fought valorously as long as there was a vestige of hope for the success of that cause. It is a notable fact that the last battle of the Civil War was fought on Texas soil on the Palmetto Rancho the Confederates winning the victory on May 13, 1865, not yet having heard of the surrender of Lee at Appomattox. In this book on Texas civics the evolution of the State government will be presented in the light of Texas his- tory and Texas constitutional development. Such essen- tials of each Texas constitution will be presented as gave a basis for subsequent constitutional changes. The civil government of the State will be considered in an analysis of the present constitution and the legal require- ments that arose therefrom. The county is recognized as the unit in our State government and it is treated fully in its local import- ance and in its essential relation to the State govern- ment. The function of the State officials and of the public institutions is discussed. The relation of the State to the Federal government is explained, and all -sections of the Federal constitution that have specific bearing on our State government are plainly presented. Suffrage and elections, trial proceedings, cities and towns, revenue and taxation, public education and polit- ical party management, are carefully treated. To this is added an analytical presentation of the Federal con- stitution showing the function of the Federal govern- ment. THE AUTHORS. June 10, 1912. TABLE OF CONTENTS STATE GOVERNMENT. Chapter. Pages Introduction—Government and Its Development 1-8 I.—The Early Government of Texas................ 9-13 II.—The Republic of Texas....................... 14-18 III. —The Texas Constitution of 1876............ 19-21 IV. —The Three Branches of Government.......... 22-24 V.—The Texas Legislature........................ 2.V33 VI.—Powers of the Legislature.................... . 34-42 VII.—How Laws Are Made........................... 43-49 VIII.-—The Executive Branch....................... 50-51 IX.—The Governor ................................ 53-60 X.-Other Executive Officers.................... 61-70 XI.—State Lands ............................... 71-74 XII.—The Judicial Branch.......................... 75-82 XIII. —The Work of the Courts.................... 83-86 XIV. —Some Powers of Judges and Courts........... 87-89 V- XV.—Party Organization ........................ 90-92 XVI.—Suffrage .................................... 93-96 ' XVII.—Elections ................................. 91-105 - XVIII.—The County ...............................105-lOs" XIX.—Duties of County Officers...................109-115 XX.—Cities and Towns............................116-122 XXL—Duties of City Officers......................123-129 XXII.—Efforts to Improve Government..............130-132 <■—XXIII.—Public Revenues ............................133-138 ___XXIV.—Public Education ............................137-146 XXV.—How Our Schools Are Controlled..............147-155 XXVI. —The State and Its Unfortunates............153-159 XXVII. —Some Civic Problems .....................160-167 Constitution of the State of Texas.........165-200FEDERAL GOVERNMENT. Chapter. Pages I.—Government Before 1789.......................202-212 1 II.—Making the Federal Constitution.............213-219 } III. —The Bill of Rights.........................220-226 IV. —The House of Representatives...............227-235 V.—The Senate .................................... 236-239 VI.—The Procedure in Congress....................240-249 , VII.—Powers of the Separate Houses................2S0-254 ! 1 VIII.—Federal Taxation .............................255-260 1 I IX.—Other Powers of Congress.....................261-286 X. —Restrictions Imposed by the Constitution....287-29! XI. —The President .............................292-305 XII.—Powers and Duties of the President...........! .306-315 XIII. —The Departments ............................316-327 j XIV. —The Judicial Branch ........................328-337 , XV.-—Impeachment Proceedings .....................338-340 ' XVI.—The State and Federal Government............341-345 I XVII.—The Civil War and Its Consequences...........346-351 i Appendix A—Constitution of the United States.........352-366 Appendix B—Chief Executives of Texas.................367-368INDEX STATE GOVERNMENT. Pages Accused, Rights Protected............................20, 85-86 Address Removals From Office............................... 78 Adjournment of Legislature................................ 35 Agricultural and Mechanical College....................... 145 Agriculture, Commissioner of............................ 66-67 ' Amendments ........................................... 36-37 Annexation : Texas ........................................ 18 City ................................................ 119 Assessor: County ......................................... 112 City ................................................ 126 Asylums, Hospitals and Institutions for Defectives.....156-159 | Attorneys, Prosecuting........................68, 81, 110, 126 Auditors ................................................. 112 Australian Ballot ..................................... 99-103 Bail ...................................................... 81 I Banks: Commissioners of............................... 68-69 Guarantee of Deposits................................. 69 Bill of Rights.......................................... 19-21 Bills, Passage of: Introduction ......................................... 43 Reference to Committee............................. 43-44 Committee Reports .................................... 44 Engrossment .......................................... 44 Three Readings ...................................... 44 Enrollment ........................................... 45 Legislature Signings ................................. 45 Governor’s Action ................................ 45, 48 Action on Vetoed Bills............................. 48-49 'Boards: Education ....................................142,149 Regents ........................................... 55, 145 Examiners .................................56, 114, 153, 154Pardons ................................................ 56 Health ................................................ 161 Trustees ...........................................112,151 List of Appointive................................... 55-55 Equalization .......................................114,127 Bonds: Elections ........................................... 94 Indebtedness ........................................... 38 Building ............................................. 142 Branches of Government................................... 22-24 Bribery .............................................32, 96, 103 Calendar ................................................... 44 Campaign Expenses ......................................130-131 Capitals ................................................ 40-41 Certificates: Teachers .................................152-151 Land ................................................ 72-73 Charters .................................................. 118 Cities and Towns: Incorporations .....................................118-120 Annexation ............................................ 119 Secession ............................................. 119 Wards ..............................................120-121 Elections ..........................................121-122 Officers and Their Duties........................119, 123-127 Council Powers .....................................124-125 Commission Government ..............................127-129 Equalization Board .................................... 127 Somers’ System of Valuations........................... 136 Courts ................................................ 124 Poll Tax .............................................. 122 Charter ............................................. 118 Schools ............................................142,151 Occupation Tax ....................................... 137 Eligibility to Office.................................. 122 Citizens ...............................................95, 116 City Council ...........................................124-125 Clerks of Courts........................................ 82-111 College of Industrial Arts................................ 144 Collectors: County ........................................ 112City ................................................. 126 Commission Form of City Government......................127-129 Commissions ............................................... 56 Commissioners: County ..................................... 109 State ................................65, 66, 67, 68, 69, 73 ..Committees: Legislative ............................ 43-44 Free Conference ....................................... 45 Of the Whole........................................... 61 ] Comptroller of Public Accounts............................ 63 Confederate Homes: For ex-Confederates..................... 39 For Wives and Widows of ex-Confederates................ 39 .Congress: Mexican Federacy............................. 10 Texas and Coahuila..................................... 10 Constitutions : Mexican Federacy........................... 10 Texas and Coahuila..................................... 10 Republic of Texas, 1836............................. 17-18 State of Texas, 1869................................... 19 State of Texas, 1876, and Amendments............19, 168-200 Amendments ........................■............... 36-37 Restrictive Provisions ............21, 31-32, 37-38, 103, 134 J Consultation, General .................................... 13 j!| Contempt of Court....................................... 87 1 Contested Elections ...........................35-36, 102-103 Conventions: Precinct ..................................... 91 ' County ................................................. 91 J State ................................................ 92 j San Felipe ........................................12-13, 17 ‘Convicts ................................................. 158 1?] Counties: Number ..................................... 104 h Formation ..........................................104-105 3!| Seat of Government..................................106-107 'J Officers ............................:...............107-108 13| Schools ...............................141, 142, 143-145, 151 T Taxation ...........................................134,165 1!; Courts ..........................................78, 79, 109 ‘T Lands .................................................. 71 '3j| Elections ............................................ 107 Duties of County Officers..........................109-115 1-1:Board of Equalization................................. 114 Courts: State System....................................... 75 Supreme ............................................... 76 Criminal Appeals ...................................... 76 Civil Appeals ......................................... 76 District .............................................. 78 County ................................................ 79 Justice of Peace....................................... 80 Recorders ............................................ 127 Work of ....................................,....... 83-86 Courts of Record........................................... 82 Deaf and Dumb Institute................................... 157 ^ Declaration of Independence............................. 14-17 Declaration of Purpose..................................... 13 | Declaration of Rights..................................... 12 Delinquent Taxes ......................................113,126 Department of Nacogdoches................................. 139 Disqualification for Office Holding....................... 103 * Disqualification for Voting................................ 96 Districts: Congressional (See pp. 229-230). Senatorial ......................................... 26-27 Representative ..................................... 29-30 Flotorial .......................................... 28-29 Supreme Judicial ...................................... 75 District Courts ....................................... 77 i Commissioners’ :...................................... 109 justice of Peace.................................... 80, 109 i School ........................................142, 143, 151 I Election ............................................. 109 Domain, Public ............................................ 73 Elections: When and Where Held............................. 97 How Held .............................................. 98 1 Canvassing Returns .................................... 99 Australian Ballot ..................................... 99 Contests ......................................... 102-103 ( Suffrage Requirements .............................. 93-96 In Cities .........................................121-122 Poll Tax .............................................. 95Exemption Certificates ............................... 95 Primary Elections .................................... 92 Emergency Clause ......................................... 48 Enacting Clause ......................................... 43. Equalization Boards: County............................ 114 City ................................................ 127 Executive Department: Chief Executive—Oath of Office 53 Qualification ........................................ 53 Inauguration ......................................... 53 Powers and Duties: Commander of State Militia... 54 Appointees ........................................ 54-56 Oath ................................................. 53 Lieutenant Governor: Qualification.................. 61 President of Senate................................ 34, 61 Associate Executive Officers....................... 50-51 Their Duties ...................................... 61, 74 Veto Power ........................................ 45-48 Executive Sessions of Legislature......................... 34 Exemption: Property Tax................................ 135 Poll Tax ............................................ 137 Sale of Homesteads............................... 137-138 Extradition of Criminals.................................. 88 Felonies ................................................. 79 Food Inspection ......................................161-163 Free Conference Committee................................. 45 Funds: School, Classes of.............................. 141 Building ............................................ 142 Sinking ............................................. 142 Good Roads Movement...................................... 164 Bonds for ........................................... 166 Tax for ............................................. 135 Governor : See Chief Executive. . Governor’s Mansion .................................. 51 Government: Its Development.............................. 1-3 Need of ............................................. 3-4 Departments in Texas............................... 22-24 Early Government of Texas.......................... 11-13 Grand Jury ............................................ 83-84Oath of Grand Jurors................................... 83 Grants : See Land Grants. Habeas Corpus Writ..................................... 20, 87 Health Officers: State ................................161-162 County .............................................. 161 City .............................................. 161 High Schools, Rural ................................. 143-151 Holidays ........................1..................... 41-42 Homes: Confederate Veterans ............................. 39 Wives and Widows of Confederate Veterans............... 39 Orphans .............................................. 158 Homesteads ............................................137-138 Hospitals : For Epileptics................................ 158 For Consumptives ..................................... 158 For the Insane........................................ 156 House of Representatives............................... 25, 27 Impeachment ............................................... 36 Inauguration of Governor................................. 52 Incorporation of Towns and Cities......................117-118 Indictment ............................................... 84 Inheritance Tax .......................................... 137 Institute for the Blind................................... 157 Independence, Declaration of............................ 14-17 Initiative .............................■.............. 131 Insurance ................................................. 68 Insurance and Banking, Commissioner of..................... 68 Iron Clad Oath............................................. 93 Judges : Qualifications ............................... 75 Removal by Address..................................... 77 Powers ............................................79, 85, 87 Judiciary .............................................22, 24, 75 Juries: Grand ......................................... 83-84 Petit .......................................81, 84, 85, 127 Justice of the Peace....................................... 80 Land: Grants ........................................... 71-72 Survey and Measures.................................... 72 .Patents .............................................. 73 Commissioner .......................................... 73Schools ....................................72, 140, 141, 145 L Laws: Definition ....................-................ 4 Legal Age ..........1................................... 80 Legislators : Privileges of.............................. 30-31 Prohibition on ...................................... 31-32 Legislation: Limitations on............................ 37-40 Legislature: Composition .................................. 25 Officers of ............................................ 34 Sessions of ..................................25, 35, 40, 58 Common Provisions .................................... 34 Libel and Slander....................................... 20 Library Commission ..................................... 69 Licenses : Marriage ......:............................. 89 Occupation ............................................ 137 Liquor ............................................. 163 Lieutenant Governor .................................... 34, 61 Liquor Question ....................................... 163-164 Lobbying .................................................. 32 Local Laws ............................................. 40 Local Option ........................................... 163 Machine Politics ..................'.................... 130 Magna Charta ............................................... 87 Majority and Minority Committee Reports............ 44 Marriage ................................................... 89 Marshal ................................................... 125 Mason and Dixon Line....................................... 18 Mayor ..................................................124-125 Mexican Revolution ....................................... 9-10 Militia .................................................... 54 Misdemeanors ........................................... 79 Monarchies .................................................. 5 Monopolies ................................................ ICO Normal Institutes, Summer...............................154-155 Normal Schools of Texas.................................145,154 Notaries, Public ........................................... 54 Oath of Office: Governor's............................... 53 Grand Jurors’ .......................................... 83 Representatives’ (See page 345). gOccupation Tax ............................................ 137 Orphans’ Home ............................................. 158 Penitentiaries ............................................ 159 Perjury .................................................... 84 Political Parties .......................................... 90 Poll Tax .................................................. 137 Posse, Sheriff’s .......................................... 110 Prairie View Normal College................................ 144 Primary Elections .......................................... 92 Probate, Jurisdiction ...................................... 80 Property Rights ......................................... 20-21 Public Health ..........................................160-162 Public Revenues ........................................133-138 Public School System....................................139-155 Pure Foods .............................................161-163 Quarantine ................................................ 161 Quorufns, Legislative ......»........................... 34-36 Railroad Commission ..................................... 65-66 Rangers .................................................... 59 Recall .................................................... 132 Recess Appointments ........................................ 55 Reconstruction Period .................................. 19, 93 Recorder .................................................. 127 Referendum .............................................118.131 Representatives : House of............................. 27-28 Number .......,...................................... 27-28 Apportionment ....................................... 28-30 Floaters ............................................... 28 Qualifications ......................................... 30 Reprieves ................................................. 56 Republic of Texas, Provisions for Schools.................. 140 Republics ................................................... 5 Requisitions ............................................... 88 Revenue Agent ............................................. 67 Revenues ...............................................133-138 Rural High Schools.................................114. 143, 151 ^eaf of State of Texas...................................... 56 L-etary of City......................................... 125Pages Secretary of State.................................... 62-63 Senate: Officers ......................................... 34 New ................................................... 25 Membership .......................................... 25 Executive Session ..................................... 34 Senators: Classes ......................................... 25 Term .................................................. 25 Qualifications ........................................ 27 Salary ................................................ 27 Sheriff .................................................. 110 Suffrage ............................................... 93-96 Superintendent of Public Instruction: State........63, 149, 154 County ............................................... 113 Surveyor ................................................. 113 Tax Payers’ Convention.................................... 134 Taxes: Personal ...................................... 135 Real Estate .......................................... 135 Poll ............................................. 95,137 Occupation ........................................... 137 Limitation .......................................... 134 Exempt Property ...................................... 135 Taxation ..............................................133-138 Taxation Principles .................................... 134 Tenure of Office........................................... 51 Texas and Coahuila Government........................... 10-12 Training School for Incorrigibles......................... 159 Treasurer: State ....................................... 64-65 County ............................................111-112 City .......................................... 125-126 Treaties with Santa Anna................................ 17-18 Treaty Ports ............................................... 3 Trusts ................................................. 160 University of Texas....................................... 145 Vendor Lien Notes......................................... 79 Veto : Governor’s ....................................... 45, 48 Mayor’s .............................................. 124 Voters : Qualifications ............................... 94-96 Disqualification .................................... 96 Not Possible .................................... 95Voting Restrictions .................................. 92-99 Voting Machine ......................................... 101 War with Mexico.......................................... 17 Writs ................................................ 87-89 FEDERAL GOVERNMENT. Adjournment of Congress........................248, 251, 252 Amendments .........................221, 231, 348, 350, 359, 365 Annapolis Convention ................................. 213 Appropriation Bills .................................254,356 Arbitration, International ............................. 335 Area of United States................................... 368 Army and Militia.....................................222,223 Articles of Confederation............................... 210 B ankruptcy......................................... 267-268 Banks: National .....................................269-270 Postal ..........................................275-276 Currency ......................................... 269 Bar of the House of Representatives..................... 251 Bills of Credit......................................... 290 Bills : Revenue ........................................ 254 Passing .........................................245-246 Borrowing Money ...................................... 261 Calendar ............................................245-246 Capital of United States.............................241-242 Caucus ..............................................234,243 Census and Census Bureau......................,,..... 232 Charter ........................................... 202-203 Civil Service..................................•.....311-312 Civil War .............................................. 343 Colonies: Classes ...................................202-204 Union Among......................................... 203 Provisional Government ............................. 210 Commerce Commission, Interstate.................... 262-263 Commerce: Regulation ................................261-264 Restrictions .................................... 28S Interstate ...............................;......262-263 Commissioners, Territory.......................... 232Committees: Regular .................................... 244 Conference ....................................... 246 Compromises, The Three Great............................. 215 Confederation: Government Under.......................211-212 Committee of the States............................... 211 Defects of Government..............................211-212 Congress: First Continental............................. 205 Second Continental ................................205-206 Composition .......................................... 227 Sessions ....................................237, 240, 313 ; Voting in ............................... ..,.......... 245 Library of ..................................... 277-278 A New .......................................240, 242, 243 Rules of Procedure ................................. 251 Territory Delegates ............................... 232 Congressional Library .................................277-278 Congressional Record ..................................... 251 Congressional Districts ...............................229-230 Congressmen: Apportionment .........................231-233 At Large ....................•.................... 229 Election ............................................ 228 I Qualifications ........................................ 229 Punishment of ........................................ 251 Salaries ............................................ 252 Mileage .Allowance ................................... 253 Franking Privileges .................................. 253 Disqualification ..................................... 253 Immunities of ....................................... 253 Vacancies .......................................... 234 Contested Elections ..:............................... 250 I Constitution: Forming ................................213-218 Signing .............................................. 217 Ratification of ...................................217-218 I Constitutional Restrictions: Federal...................287-289 State .............................................289-290 | Conventions: Annapolis ................................. 213 Constitutional ....................................214-218 Signing of United States. ............................ 217Ratification of United States.......................217-218 Nominating .........................................296-298 Copyrights ............................................... 277 Counterfeiting ........................................... 273 Courts: Establishment .................................... 278 Classes ........'...................................328-329 Jurisdiction .......................................330-331 Territorial ........................................... 336 Military .............................................. 225 Court Martial ............................................ 225 Currency: Continental ................................... 210 United States .................................268, 273, 290 Declaration of Independence............................206-210 Declaration of War.....................................279,356 Defects of the Confederate. Government.................... 211 Departments: See Executive Departments.........,..307, 316, 326 Delegates: Territorial ................................... 233 Diplomatic and Consular Service........................... 319 District of Columbia...................................241,283 Districts : Congressional .............................229-230 Judicial .............................................. 332 Domain: Eminent ....................................... 225 Duties ................................................256-257 Elections: President by Electoral College.............298-299 By House of Representatives.........................299-300 Vice President by Electoral College.................299-300 By Senate ............................................. 300 National ...........................................296-298 Electoral College .....................................298-299 Electoral Commission ..................................300-301 Eminent Domain............................................ 225 Enabling Act ............................................. 342 Enactment of Laws .....................................247-248 Executive Departments (Cabinet): State..............316-317 Treasury ...........................................320-321 War ................................................321-322 Justice ............................................322-323 Postal ................................................ 323Navy ................................................. 324 Interior ............................................. 324 Agriculture .......................................324-326 Commerce and Labor................................... 326 Extradition of Fugitives from Justice..................... 341 Filibustering .........................................246-247 Franking Privileges ...................................... 253 Freedom, Personal ........................................ 221 Gerrymandering ........................................230-231 Government: Federal ................................. 202 Colonial ..........................................203-210 Confederation .....................................211-212 Two Ideas of.......................................... 214 Three Great Compromises of........................... 215 Virginia Plan of...................................... 215 Three Branches of .................................... 227 Hague, The ............................................... 336 House of Representatives: Officers.....................234-235 Inauguration .....................................219, 302, 303 Income Tax................................................ 256 Impeachments: Originate ............................... 338 Trial .............................................338-340 Judgment ..........................................339-340 Cases of ............................................ 339 International Arbitration ................................ 335 Internal Revenue ...................................... 259 Interstate Commerce ...................................262-263 Judiciary System: Kinds of Courts......................... 328 Supreme’.............................................. 331 Circuit Court of Appeals.............................. 332 District ............................................ 333 Customs Appeals ...................................... 334 Claims ............................................334-335 Territorial .......................................... 336 Military ........................................... 225 Jurisdiction .................................... 332-333 Judges: Tenure of Office.............................. 329 Salaries ............................................. 329Jury Trials ............................................223-224 Law Making .......................................... 24S-248 Mace .................................................. 234 Mileage ................................................... 2S3 Money ..................................................268-269 National Elections ..........,.......................... 298 Naturalization .........................................264-266 Navy ................................281, 306, 308, 311, 324, 359 New States ................................................ 342 Northwest Territory ....................................... 211 Oath of Office.....................................243, 303, 345 Parcels Post .............................................. 275 Passports ..............................................317-320 Patents ................................................276-277 Personal Freedom .......................................... 221 Piracy .................................................278-279 Pocket Veto .......................................... 247-248 Population of United States by Decades.................... 368 Postal Savings Banks ...................................275-276 Postal Service (9) and System......................273-276, 323 Preamble to Constitution................................... 220 President: Qualifications ................................. 301 Election by Electoral Colleges......................298-299 Or by House of Representatives......................299-300 Succession .........................................301-302 Salary ................................................ 302 Term of Office ........................................ 292 Inauguration .......................................302-303 Military Power .....................................306-307 Executive Departments ..............................307-308 Pardon Power .......................................... 308 Treaty Power .......................................308-309 Appointing Power....................................310-311 Execute Laws .......................................314-315 Cabinet ............................................316-322 Messages .............................................. 312 Veto ...............................................247-248 Protection of States....................................... 344xxiii Pages Quorum in Congress......................................243, 2„0 Regulating Commerce ...................................262,2_3 Reserved S-ate Rights....................................... 226 Revenue B.lls .............................................. 231 Rights of Citizens.......................................... 311 Searches and Seizures....................................... 223 Succession .......................................222, 346, 313 Senate: Composition ........................................ 235 Presiding Officers ............................... - 239 Other .Officers ....................................... 239 Election of Vice President............................. 330 Senators: Qualifications ................................238-229 Term .................................................. 237 Salary ................................................ 252 Classes ............................................... 237 Election .......................................... 236-237 Oath of Office......................................... 243 Vacancies ............................................. 233 Voting of ........................................... 245 Stamp Act .................................................. 201 State Comity .......................................... 34L. States: Admission i... 3. .3................ 342 Formed by Division..................................... 342 State Statistics -rrv....................................... 369 Tariff Theories ............................................ 259 Taxes: Kinds—Direct and Indirect.........................255-256 Income ................................................ 255 Territory and Its Acquisition...........................343, 363 Territorial Courts ......................................... 336 Territory: Control ........................................ 343 Acquisition ........................................... 368 Growth ............................................343, 368 Delegates ............................................. 233 Commissioners ......................................... 233 Treason ................................................... 3-10 Treaties ................................................303-309 Trial Rights ........................................223-224-225 Union Among the Colonies.................................... 2„3 Veto ....................................................247-248 Vice President: Election..........................293, 300, 301 President of Senate.................................... 239 As President .......................................301-302 Voters ..................................................... 228 Voting in Congress.......................................... 245 War: Declaration of......................................... 279 Army and Navy..................................... 281-232 Militia . -..,......................................... 282 J. STATE GOVERNMENT INTRODUCTION GOVERNMENT AND ITS DEVELOPMENT The Most Primitive Peoples Travelers who have penetrated to the almost inaccessible parts of Australia and Central Africa tell of meeting in those remote re- gions tribes of savages that attack every one they come in contact with who does not be- jong to their own tribe. These tribes aré exceedingly primitive in their mode of life, rely- ing on spears, boomerangs, and like weapons for their defense. They live in huts and subsist largely on tive Sigtitsassthat grow wild around them. They recog- nize no law except tribal custom, and no government ex- cept the leadership of their chieftains. They are the most Courtesy of Silver, Burdett & Co. Primitive Inhabitants of Australia, Called “Black Fellows.’’ They Are Not Ne- groes. The Man Nearest the Boy Has Boomerangs in His Hands. barbarous, uncivilized people in the world. Between i ill 2 CIVICS: TEXAS AND FEDERAL them and their primitive conditions and the peo- ple of our own great country, with all its splendor and enlightenment, is a tremendous gap. Every step of the way between is marked by a steady growth in civiliza- tion and by government constantly becoming more com- plex. The Policy of Exclusiveness. In the past many coun- tries shut themselves off from the rest of the world by laws forbidding foreigners coming into them. China even went so far in her policy of exclusiveness as to Courtesy of Dallas News. The Great Wall of China. as Si > CIVICS: TEXAS AND FEDERAL 8 build a great wall to keep out her warlike neighbors. Japan, until Commodore Perry, with a United States fleet, forced an entrance into the harbor of Tokyo in 1854, was a land unknown to the civilized world. Nothing was. known of these great countries except ex- aggerated tales brought back by the few adventurers who under the guise of natives succeeded in visiting them. Even today, in a remote part of the Himalaya Plateau, in Central Asia, one little government, that of Tibet, still refuses entrance to foreigners, and a recent English exploring expedition was conducted with very great peril. When such countries first began to admit foreigners it was solely to enable the merchants to exchange the wares of their own people for the products of other countries. At first a few ports, called treaty ports, were agreed upon as places to which the foreigners might corre, and they were not allowed to journey inland, or to visit other ports. There was no desire on the part of these nations to cultivate friendly relations with their more civilized neighbors, so nothing was done to facili- tate intercourse. For example, when other countries were connected by postal service, and the mails came and went with regularity, the only means of transmit- ting letters to or from the treaty ports was by giving them to friendly sea captains or getting them in the pri- vate mail sacks of the representatives of the treaty na- tions living there. How the Need of Government Arises Amongst the nomadic tribes of Bedouins in Western Asia that move with their flocks and herds from one feeding ground to another, just as was the case amongst the tribes of Indians that once roamed over our own country, there is need of few laws. The interests of all the members of the tribe are the same, property is largely held in 4 CIVICS: TEXAS AND FEDERAL common, the wants of the individual are few. But when stich a tribe becomes settled in one place, each member of the tribe soon begins to acquire property for himself, and there arises a natural desire to hold it securely and peacefully so as to enjoy it. This leads to a demand for laws. Laws are rules of conduct obligatory upon all and usually carrying fixed penalties to be imposed on those guilty of failure to obey them. But as these laws must be enforced fairly toward all members of the tribe to be any protection, there follows a demand for an or- ganized government with means and power to enforce the laws. Kinds of Governments. While it is probable that all government had the same simple beginning, history Courtesy of Dallas New: A Public Park in San Antonio. teaches us that at an early date most of the different peonles had lost their right to make their own laws and to govern themselves. It is likely that this came about through some chieftain or wealthy man being able to assume, by means of his strength, the right to make and ste t CIVICS: TEXAS AND FEDERAL 5 enforce the laws, and to transmit at his death that power to one of his heirs. Thus might be laid the foundation of a long line of rulers all belonging to the same family. The present King of England can trace his line back nearly nine hundred years to William the Conqueror. There are two kinds of governments monarchies and republics. A monarchy is a government ruled by a sin- gle person, called the monarch or sovereign. At his death the throne descends to his eldest son, or, in case he has no sons, then to some other member of his fam- ily as provided by law or custom. A monarchy in which there are no limitations on the powers of the monarch is called an absolute monarchy. Until recently China, Turkey, and Russia were absolute monarchies, but it is doubtful whether there is any ab- solute monarchy today. A monarchy in which the powers of the monarch are limited by a constitution is called a limited monarchy. Germany and Italy are lim: ited monarchies. King, emperor, sultan, czar, shah, and mikado are different names for monarchs. A republic is a government in which the supreme power rests in all, or in a considerable part of the adult citizens, and is exercised by representatives elected by them and responsible to them. The ruler is elected for a fixed term of years and is known as the President. The United States of America, France, Switzerland, Mexico, China, and most of the countries of Central and South America are republics. Government Becomes Complex as Civilization Ad- vances. As countries advance in civilization their rela- tions with other countries become closer, wars become less frequent, cities become larger and more numerous, life becomes more complex, and the demands on the government become more varied and far-reaching. 6 CIVICS: TEXAS AND FEDERAL Let us com- pare life in a rural commu- nity with that lias, Cli ata the country, rc Ospilee™ are scattered, be- ing engaged in. work on farms; consequently, there is little likelihood of dis- agreements arising among them, and it takes few officers to enforce the laws. In the cities many people live and labor close to one another, the struggle for existence is keener, and there are many oppor- tunities for disagreement. Some of those’ disagreeing may attempt to resort to force to maintain their views, or rights. Many officers are needed to see that they do not break the law and interfere with the rights of others. In the country each farmer can easily provide his own water supply by means of springs or wells, and, surrounded by broad fields, he can dispose of the garbage and sewage from’ his house without the aid of his neighbor and without endangering the health of others. But in the cities, where thousands of people | often live in an area that would only make one farm, it is essential either to sink very deep wells or to bring the water supply from rivers, or lakes, at a considerable dis- tance from the city; it is also necessary to provide sew- age systems to carry off the sewage, and garbage wagons to collect the garbage from the homes, as a means of guarding against disease. Parks must also be furnished that the people may have “breathing spots.” Fire de- partments are needed to keep fires from destroying large amounts of property. It is impossible for each A Farm Home Near Krum, Texas. CIVICS: TEXAS AND FEDERAL qT resident to furnish these things for himself, inde- pendently of his neighbor. en cle; im cities, the gov- ernment pro- vides them, and many oth- er things, for the comfort, health andy happiness of all the people, _ just as in the country. it builds the _roads and the bridges for their conven- : ience. To doall This Stre t in New York City Is Less Than : One-half Mile Long, and With the Buildings these things on Both Sides Covers 17 Acres. 2,165 Families, requires many Including 12,015 People, Live on It. officials, many special laws, and a much more compli- cated or highly organized government. The Causeway Connecting Galveston Island With the Malin Land. i $ €IVICS: TEXAS AND FEDERAL THOUGHT QUESTIONS I. What phase of government prevails among primitive tribes? 2. How is leadership determined and maintained among the primitive peoples? As civilization advances what is the tendency of govern- ment ? 4. What was the policy of the Orientals towards Europeans srevious to the nineteenth century? 5. How was national exclusiveness first overcome? 6. Who invade a country first traders or missionaries? 7. Compare the need for laws of the Bedouin and of the Anglo-Saxon. 8. What is a law? 9. Compare the selection of a monarch and of a president. ‘10. Trace the influence of the “war spirit” in the selection of the first ruler of England, and of the United States. 11. In a government sense, compare (1) a president anda monarch; (2) a republic and a monarchy. 12. What is the prevailing type of governments in America? Give some reason for the prevalence of this ype. 13. Why is a farmer subject to fewer laws than a person living in a city? 14. Distinguish between a speciai and a general law. ta ft CHAP i} ER I Pt THE EARLY GOVERNMENT OF TEXAS Under Spanish Domination The early history of Texas is interwoven with that of Mexico, as Texas was part of that country until her secession in 1836. In 1727, Texas, under the name of New Philipenas, became a province of Spain and was allowed almost entire con- trol of her governmenta! affairs. The long rivalry be- tween France and Spain over the ownership of Mexico was ended, in 1763, by the cession of the Louisiana Ter- ritory to Spain by France, as a protective measure against England, their common enemy. In 180) the Louisiana Territory was secretly ceded back to France, and two years later, France sold it to the United States. This sale involved Spain and the United States in a boundary line difficulty, which was adjusted, in 1819, by a treaty, by the terms of which the United States pur- chased Florida and surrendered all claims to any Span- ish territory west of the Sabine River. The Mexican Revolution. The Mexicans had attempt- ed to throw off Spanish rule in 1812, and were in a revo- lutionary state till success crowned their efforts in 1821. On February 24th of that year the Federal leaders established a limited constitutional government with de Iturbide (da é toor bé’ tha) as President. With a de- sire to become an absolute ruler, de Iturbide soon had himself proclaimed Emperor, and thereafter exercised arbitrary rule over his people. The Mexicans, having thrown off Spanish despotism, would not endure the tyranny of a self-proclaimed Emperor. In their revolu- tion of 1823-1824 they dethroned de Iturbide, and by the Constitution Act of 1824, changed their empire into 9 10 CIVICS: TEXAS AND FEDERAL | a republic, called the “Federal States of the Republic of | m Mexico.” Texas remained true to this constitutional | ¢ government as long as her interests were recognized by | Mexico. | tal Union of Texas and Coahuila Previous to the Con- | it stitution of 1824 Texas had been a separate province 1 Under this act the provinces of Texas and Coahuila (ké of 4 wéla) were united as the “State of Texas and Coahwi- I la,” but a provision was inserted guaranteeing separate | li statehood to Texas as soon as her population justified a | th separate government. The “State of Texas and Coa a huila,” on March 11, 1827, adopted a constitution in con- | df formity with the Mexican Federacy Constitution of | a 1824. Under the Constitution of the Mexican Federacy, si the right to legislate on all subjects relating to the Fed | eracy was conceded to the General Congress, and legis) ( lation on all subjects relating to the internal government of the states was left to the individual states. ht The State Congress. The legislative power of the! | “State of Texas and Coahuila” was vested in a Congress | ja composed of twelve deputies and six substitute deputies, it who were elected by popular vote. The number of dep-| a uties was to be increased on a basis of population. This | tig Congress met annually. In addition to the power to! 0 enact laws, Congress had the power to interpret its own | @ enactments. A deputation of three members was chosen| | at the beginning of the annual sessions of Congress and | ad was empowered to call extra sessions, and to adopt ‘S needful temporary measures subject to the action of| e Congress when next in session. , Te The Executive Power. The executive power was) 1 vested in the governor and vice governor. Each was ¢e elected by the people for a term of four years. The gov- | je ernor was assisted by a council of five members. In each mm of the three divisions of the State there was a depart Re CIVICS: TEXAS AND FEDERAL 11 bls! ment. chief of police who helped to administer the gov- al ernment under the direction of the governor. | Municipal Government. In each town there was es- tablished an ayuntamiento (4 yoon ta myan’t6) consist- s(} ing of an alcalde (al kal’da), a sindico (sén dé’k6) and Wilf regidores (ra hé tho’ ras). A city council of a Texas la| city would be an administrative body similar to the old oat Mexican ayuntamiento, except that it would lack the po- the further functions of a judge, would be a typical alcalde ; aldermen, with the additional powers and duties state support. Worship in any other church was pro- hibited. Administration of Justice Trial by jury was en- mg joined in grave offenses, but minor offenses were ad- pt justed by the alcalde, and penalties were imposed by him ff according to law. Civil cases were adjusted by arbitra- _{jtion. The Supreme Court of the “State of Texas and we Coahuila,” consisting of three chambers, was established tq at Coahuila, the capital. ch Education Higher education, as well as primary 3, Cducation, was provided for in the constitution of the af state of Texas and Coahuila,” but nothing was done to Mfestablish schools. Failure to do this was one of the Texans’ grievances against Mexico. | Texas Discontent. Under liberal colonization laws the che development of Texas was rapid, but her interests were jeopardized by her union with Coahuila for govern- mental purposes. These two territorial divisions of the Republic had no interests in common. The citizenship 1e In de “Ae 12 CIVICS: TEXAS AND FEDERAL of Coahuila was Mexican, while that of Texas was from the United States. The meeting of Congress and the sitting of the Supreme Court at Coahuila caused much | discontent in Texas. Three-fourths of the Congress | men were from what was originally the State of Coa huila. This disproportionate representation in the State | Congress caused legislation adverse to Texan interests. | The laws enacted by Congress were published in the Mexican language, and this contributed to their unin tentional violation by Texans, for the reason that most ; of them could not read Spanish. Texas had been prom: ised a separate State government as soon as her popula | Courtesy of Mrs. L. W. Greathouse. Oak Trees at Columbia, Under Which the First Texas Con- gress Met in 1836. tion justified it. In order to secure a fulfillment of this promise, conventions of Texans held at San Felipe (saa | fa 1é’pa) in 1832 and 1833 demanded of Mexico the te: | dress of the Texan grievances relating to governmental discrimination, but the revolutionary condition of Mex- 3 ( | | ( CIVICS: TEXAS AND FEDERAL 18 ‘ico at the time prevented favorable action, even had Mexico been disposed to grant it. Mexico’s failure to act caused the Texans to revolt. General Consultation of 1835. A convention was called to meet at San Felipe on October 16, 1835. For want of a quorum the convention adjourned to Novem- ber Ist and then to November 3d, when the convention, or consultation, as it was called, issued a formal declara- tion of purpose, organized a provisional government, and provided for the organization and maintenance of. fy an army. THOUGHT QUESTIONS 1. Why did France cede “The Louisiana Territory” to Spain? 2. Why was the treaty of 1819 so bitterly denounced by many thoughtful Americans? 3. Why was de Iturbide despised by Mexicans? 4. Were Texans loyal to the Republic of Mexico? 5. Under what pledges did Texans acquiesce in the Union of Texas and Coahuila? 6. Under the Mexican Federacy what legislative compromise was effected between the Federacy and the separate States? What power had the Mexican Congress that is not con- “sistent with the generally accepted ‘ ‘powers of Congress?” . Compare municipal government in the State of Texas and Coahuila with that in Texas. 9. Was there ever a state religion in Texas? 10. Under what conditions was a “jury trial” admissible un- der the Federacy? 11. What were the objections of Texas to a continuous union with Coahuila? 12, What was a Consultation? CARTER LT THE REPUBLIC OF TEXAS Declaration of Independence. In their formal decla- ration of independence made at Washington, March 2, 1836, Texans advised the settlement of all questions at issue by the sword. The Unanimous DECLARATION OF INDEPENDENCE Made by the DELEGATES. OF THE PEOPLE OF TEXAS. *When a government has ceased to protect the lives, liberty and property of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was in- stituted, and, so far from being a guarantee for the enjoyment of those inestimable and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression: When the Fed- eral Republican Constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their consent, from a restricted federated republic, com- posed of sovereign states, to a consolidated, central, military despotism, in which every interest is disregarded but that of the army and the priesthood both the eternal enemies of civil lib- erty, the ever-ready minions of power, and the usual instruments of tyrants: When, long after the spirit of the constitution has departed, moderation is, at length, so far lost by those in power that even the semblance of freedom is removed, and the forms, themselves, of the constitution discontinued; and so far from their petitions and remonstrances being regarded the agents who bear them are thrown into dungeons; and mercenary armies sent forth to force a new government upon them at the point of the bayonet: When in consequence of such acts of malfeasance and abdication, on the part of the government, anarchy prevails, and civil society is dissolved into its original elements. In such a *To the Teacher. Let the class spend one or two recitation periods reading and discussing the Declaration of Independence. 14 | | | CIVICS: TEXAS AND FEDERAL 15 crisis, the first law of nature, the right of self-preservation the inherent and inalienable right of the people to appeal to first principles and take their political affairs into their own hands in extreme cases enjoins it as a right towards themselves and a sacred obligation to their posterity to abolish such government and create another, in its stead, calculated to rescue them from impending dangers, and to secure their future welfare and hap- piness. Nations, as well as individuals, are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is, therefore, submitted to an impartial world, in iustification of the hazardous but unavoidable step now taken of severing our political connection with the Mexican people, and assuming an independent attitude among the nations of the eart. Tie Mexican government, by its colonization laws, invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written constitution that they should continue to enjoy that constitutional liberty and re- publican government to which they had been habituated in the land of their birth, the United States of America. In this ex- pectation they have been cruelly disappointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez de Santa Anna, who, hav- ing overturned the constitution of his country, now offers us the cruel alternative either to abandon our homes, acquired by so many privations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and the priesthood. It has sacrificed our welfare to the state of Coahuila, by which our interests have been continually depressed through a jealous and partial course of legislation carried on at a far “distant seat of government, by a hostile majority, in an unknown tongue; and this too, notwithstanding we have petitioned in the humblest terms, for the establishment of a separate state government, and have, in accordance with the provisions of the national constitu- tion, presented to the general Congress a republican constitution which was, without just cause contemptuously rejected. It incarcerated in a dungeon, for a long time, one of our citi- zens, for no other cause but a zealous endeavor to procure the acceptance of our constitution and the establishment of a state government. + has failed, and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil iiberty, and only safe guarantee for the life, liberty, and property of the citizen. It has failed to establish any public system of education, al- though possessed cf almost boundless resources (the public do- main) and, although, it is an axiom, in political science, that un- less a people are educated and enlightened it is idle to expect 16 CIVICS: TEXAS AND FEDERAL the continuance of civil liberty, or the capacity for self-govern ment. It has suffered the military commandants stationed among us | to exercise arbitrary acts of oppression and tyranny; thus tramp. ling upon the most sacred rights of the citizen and rendering the military superior to the civil power. It has dissolved by force of arms, the State Congress of Coa- huila and Texas, and obliged our representatives to fly for their lives from the seat of government; thus depriving us of the fun- damental political right of representation. It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the interior for trial; in contempt of the civil authorities, and in defiance of the laws and the constitution. It has made piratical attacks upon our commerce, by commis- sioning foreign desperadoes, and authorizing them to seize ou vessels, and convey the property of our citizens to far distant ports for confiscation. It denies us the right of worshipping the Almighty accord- ing to the dictates of our own conscience; by the support of a national religion calculated to promote the temporal interests of its human functionaries rather than the glory of the true and | living God. It has demanded us to deliver up our arms, which are essential to our defense, the rightful property of freemen, and formidable only to tyrannical governments. It has invaded our country, both by sea and by land, with in- tent to lay waste our territory and drive us from our homes; and has now a large mercenary army advancing to carry on against us a war of extermination. It has through its emissaries, incited the merciless savage, with the tomahawk and scalping knife, to massacre the inhabi- tants of our defenseless frontiers. It hath been, during the whole time of our connection with it, the contemptible sport and victim of successive military revolu- tions, and hath continually exhibited every characteristic of a weak, corrupt, and tyrannical government. These, and other grievances, were patiently borne by the peo- ple of Texas until they reached that point at which forbearance ceased to be a virtue. We then took up arms in defense of the national constitution. We appealed to our Mexican brethren for assistance. Our appeal has been made in vain. Though monthi have elapsed, no sympathetic response has yet been heard from the Interior. We are, therefore, forced to the melancholy con- clusion that the Mexican people have acquiesced in the destruc- tion of their liberty, and the substitution therefor of a military government that they are unfit to be free and are incapable of self-government. CIVICS: TEXAS AND FEDERAL 17 The necessity of self-preservation, therefore, now decrees our eternat political separation. We, therefore, the delegates, with plenary powers, of the peo- ple of Texas, in solemn convention assembled, appealing to a candid world for the necessities of our condition, do hereby resolve and declare that our political connection with the Mex- ican nation has forever ended; and that the people of Texas do now constitute a free sovereign and independent republic, and are fully invested with all the rights and attributes whrch prop- erly belong to independent nations; and, conscious of the recti- tude of our intentions, we fearlessly and confidently commit the issue to the decision of the Supreme Arbiter of the destinies of nations. Adoption of the Constitution The same convention, March 16, 1836, adopted the Constitution of the Republic of Texas, which was ratified by a popular vote on Sep- tember Ist of the same year. War With Mexico. Santa Anna sought to enforce Mexico’s claim, but his army was defeated and he him- THE SURRENDER OF SANTA ANNA. The Original of This Picture a Beautiful Painting Hangs Op- posite the Entrance to the Governor’s Office in the State Capitol. self was made prisoner at San Jacinto, April 21, 1836. He signed a treaty of peace between Mexico and Texas 18 CIVICS: TEXAS AND FEDERAL May 14, 1836, and was liberated shortly afterwards and given safe conduct back to Mexico. In addition to this treaty of peace Santa Anna also signed a secret treaty, in which he pledged himself to use his influence in Mexico for the recognition of Texas independence by his Nation. Mexico repudiated this treaty of peace signed by Santa Anna, and he even influenced her to | do it. Texas Admitted Into the Union Mexican oppres- sions and depredations were soon renewed, and became so continued and flagrant that sentiment in behalf of the young Republic was aroused in the United States. That country had been the first to recognize Texas as an independent nation, being bound to her by ties of kinship, since most of the Texas colonists had come from beyond the Sabine River. A demand arose for the annexation of Texas, which was consummated in 1846, the movement meeting with little opposition except from the anti-slavery element north of the “Mason and Dixon | line.’ When Texas was admitted into the Union asa State, such changes were made in her Constitution as were necessary to meet the new conditions; for example, all provisions were omitted relating to the exercise ot ‘national powers, as they belonged to the Federal Gov- | ernment. THOUGHT QUESTIONS 1. When and where was the Texas Declaration of Independ- ence signed? Z. What is a treaty? 3. When was the treaty signed that established the inde- pendence of Texas? 4. When was the constitution of the Republic of Texas adopted? -.5, When was Texas admitted into the Union? 2; 65 When was the first constitution of Texas adopted? 7. When was the last constitution of Texas adopted? i ill a am CHAPIER Ill... a5 ue THE TEXAS CONSTITUTION OF 1876 ‘Reconstruction in Texas. Texans had suffered many indignities and had been deprived of their natural and of their civil rights under the Constitution of 1869. This Constitution had been prepared under the direction of the’ United States military commander in Texas and was adopted by the people of the State in an effort to meet the conditions of Reconstruction. Remembering their indignities and deprivations, they expressly stated in the present Constitution (adopted in 1876) a long list of rights, already acknowledged by the Federal Consti- tution, rather than risk the chance that those rights, re- tained by every State of the Union, might some time not be recognized. Courtesy of Dallas New: The Birth-place of the Republic of Texas. The Capitol at Co- lumbia, Built in 1836, The Bill of Rights The most important of these rights, stated in the “Bill of Rights,” (Article I of the Constitution), are mentioned below: a. Texas is an independent State, subject only to the United States Constitution. b. Unimpaired local self-government must be preserved. 19 20 CIVICS: TEXAS AND FEDERAL e. All political power is vested in the people, and all gov- emmments are founded by the people, and for the people. d, A republican form of government must be maintained. e. The right to alter or reform the government is reserved to the people. . £ Equal civil rights are guaranteed to all, and special privi- leges allowed to none. g. Religious tests, except a belief in a Supreme Being, cannot be required as a test for suffrage, for office holding, or in judi- cial proceedings. h. No religious denomination shall be favored or discrimi- nated against, except that the State reserves the right to pro- tect society against every form of worship that has an im- moral tendency. i. Freedom of speech, and of the press is guaranteed to all, subject only to laws framed to prevent slander and libel. Slan- der is the crime of uttering reports that tend to injure the repu- tation of another; while libel is the crime of printing such re- ports. j. Security of person and property from search or seizure, except by legal process is guaranteed to all. This prevents offi- cers from searching us or our homes without warrants issued by competent authorities based upon sworn charges, or of arrest- ing us without similar warrants. An officer, however, may arrest without a warrant anyone caught in the act of breaking the law. k. Everyone indicted for a crime is entitled to a speedy and impartial trial in open court, with the compulsory attendance of witnesses; and to the employment of a lawyer for his defense, at the expense of the State if he is without means to provide one. 1, Excessive bail shall not be required, nor unusual fines or penalties affixed. Bail is security given to the State that one arrested for crime, if set free, will appear for trial on the ap- pointed day. m. A second trial, after a verdict in a criminal case, is pro- hibited, except on the proper demand of the defendant. n. Every person shall be exempt from imprisonment for debt; from arrest under ex post facto laws, i. e., laws made after the crime is committed; from bills of attainder, i. e., taking away one’s right to vote and hold office; from banishment without the State; from out-lawing; and from the suspension of the writ of habeas corpus, a writ which gives one the right to be brought at once before a court to show why he is being kept under arrest. o. Property rights shall be maintained inviolate, except that by the “right of domain,” the State has the power to appropriate any property for public use by giving reasonable compensation to the owner. CIVICS: TEXAS AND FEDERAL 21 ) p. Homes and other realty shall be free from military occu-~ pancy, except in time of war, and then only under prescribed regulations. , 4. Perpetuities, monopolies, or a law of primogeniture, i. ¢., .| giving to one’s oldest son the exclusive right to inherit his i father’s estate, shall not be permitted. r. The right of peaceable assembly, of petition, of address, or of remonstrance, shall never be denied to citizens of the State. s. The military forces shall always be subject to the civil authority of the State, and the suspension of laws shall never be permitted except by act of the Legislature. ~ t.. The right to bear arms to protect one’s self shall not be ) prohibited, but it may be regulated by law. The Legislature has made it unlawful to carry concealed arms. ¥) The Bill of Rights of the Constitution of 1876 is ,, materially fieeea from that of the Constitution of 1869, THOUGHT QUESTIONS t 1. What is the significance of “Texas Under Six Flags?” | Name the flags in order. How many Constitutions has the State of Texas had? 3. What is the significance of “Reconstruction” in Texas? 4. Why has the Texas Constitution so many. enumerated “rights ?” 5. Name the five “rights” that you consider most important, and give your reasons. 6. What is meant by local self-government? 7. What are civil rights? 8 What is meant by freedom of speech? Of the press? 9. What is a search warrant? 10. What is the “right of domain?” Illustrate. Il, What is meant by “martial law?” Under what circum- stances is martial law justifiable? 12. What is meant by “concealed arms?” | | CHAPTER IV | THE THREE BRANCHES OF GOVERNMENT | The Three Branches. In all republics and limited | monarchies there are three branches to the government, | Each is as free from and independent of the others as is consistent with the stability and safety of the govern ment. These three branches are the legislative, or lavw- making; the executive, or law-enforcing; and the judi- cial, or law-interpreting. In Texas the legislative branch consists of the Senate and House of Representa. ‘tives; the executive branch consists of the governor, lieutenant governor, attorney general, comptroller of public accounts, treasurer, superintendent of public in struction, commissioner of the general land office, com- missioner of agriculture, three railroad commissioners, | and the various minor officers appointed by the gov- ernor; the judicial branch consists of the Supreme Court and the various inferior courts. \ Government by the People. It is the theory of our government that the laws are representatively made by the people and for the people. If all the people were al- lowed to assemble to help to make the laws we would have a pure democracy, but in no country and at no time | was this right ever conferred on all the people. Even ur- der the most liberal suffrage laws, children have been ex. | cluded from such democratic assemblies. In most states of | the United States, and in most foreign countries, women are also excluded. It is impracticable for all the quali- fied voters of even a little state like Rhode Island, much less so for those of an enormous one like Texas, to as- semble to enact laws for their State. It results, there: | fore, that we are governed by representatives, that is, the power to enact laws is delegated to representatives chosen for that purpose by the qualified voters. 22 CIVICS: TEXAS AND FEDERAL 23 importance of the Legislative Branch. Persons some- times think that we have all the laws that we need, and that the legislative branch of the government has little work to do. But this is a false notion, for as a people advance in social, moral, and political knowledge; as their environment changes; and as their ability to dis- cover and appropriate the latent riches of nature in their soil, and in their mineral and water resources, increases, new conditions arise which must be adjusted by new laws that will conserve the interests of the people of the whole commonwealth. Hence, the legislative branch of government is a necessity, and it is the duty of the rep- resentatives of the people to study the social and com- mercial conditions of their state, and the relation of their state to other states; and then to make laws that will best promote the present and future welfare of the people they represent. The Executive Branch. As our laws are mainly com- promises of our social interests and inhibitions of our natural rights, there is a tendency on the part of the citizens to violate them. To prevent this there is need for a department that will enforce the laws impartially. This department constitutes the executive branch of the government. Upon the success attending its efforts de- pends the dignity of the State, and the happiness of the people. We are all familiar with recent events in Mexico, and know the evil consequences arising there from a weak enforcement of the law. Our constitution and laws aim to give the executive branch all the power essential to a swift and firm enforcement of law under all conditions. This branch should never question the justice or constitutionality of a law, but should enforce all laws impartially. The quickest way to get rid of a bad law, if it is one that the people will recognize as 24 CIVICS: TEXAS AND FEDERAL contrary to their best interests, is to enforce it so that the people may learn what it is and see to it that their representatives repeal it. The Judicial Branch. It is the work of this branch of government to interpret and apply the laws passed by the legislative branch; to investigate facts and alleged illegal acts. This is done by means of law suits, in which is involved the conformity of individual acts with the law, or the conformity of the law with the spirit of the Constitution of the State, and of common law principles. This branch alone has the right to declare laws uncon- stitutional, and until it has so spoken it is the duty of the executive department to enforce them, and of good citizens to obey them. THOUGHT QUESTIONS 1. In what respect did the states of the Mexican Federation lack the advantages of the “three branches of government?” The American colonies under the Articles of Confederation? 2. Should an unjust law be obeyed? Why? 3. Should an unimportant law be obeyed? Why? 4. Does “ignorance of the law” excuse anyone from its pen- calties? Why? _ 95. Name some Texas laws that are frequently violated with impunity. What should be done under such circumstances? CHAPTER V THE TEXAS LEGISLATURE How Constituted. -The I-gislative power of Texas is vested in a Senate and House of Representatives, which together are styled “The Legislature of the State of Texas.’ This method, as a State choice, is in conformity with the Constitution of the United States, which pro- vides that Congress shall consist of two houses. Senators represent a larger constituency, as generally apportioned, than do the members of the House of Representatives, or the “lower house,” as it is frequently called. This tends to delocalize legislation and is a check against hasty or passionate. acts, but disadvantages sometimes arise. The Legislature of Texas holds regulir bienn‘al ses- sions, beginning on the second Tuesday in January of odd numbered years, and may meet in special sessions at the call of the governor. A special session can aot last more than thirty days. ; Membership in the Senate- The Texas Senate con- sists of thirty-one members, whose term of office is four years. The State is divided into thirty-one senatorial districts, none of which can contain less than one county. When a_ district contains more than one county the counties must be contiguous. After each federal census the State must be redistricted by the Legislature. When the State is redistricted a new Senate is elected. Members of the Senate are divided by lot into two classes. The terms of one class expire in two years; those of the other tlass in four years. Since after this all the senators are elected for four-year terms, it results that the members of the first class have a two-year term following a new apportionment, and those of the other class a two-year term preceding the next apportionment. 25 26 CIVICS: Courtesy of Dallas News, TEXAS AND FEDERAL Senate Chamber, ‘State Senatorial Districts. - P AeA of 15. Bowie, Cass Marion, Mor- ris. Red River, Titus, Franklin, Hopkins, Delta. mar, Fannin. Cooke, Grayson. Collin, Hunt, Rains. Dallas, Rockwall. Van Zandt, Smith, Wood, Camp, Upshur. Gregg, Rusk, Harrison, Pa- nola, Shelby. Navarro, Kaufman, derson. Ellis, Johnson, Hill. McLennan, Falls, Milam. Freestone, Limestone, Rob- ertson, Brazos. Anderson, Cherokee, Hous- ton, Trinity, Angelina. Newton, Jasper, Orange, Jefferson, Hardin, Tyler, Sabine, San Augustine, Nacozdoches, Liberty. San Jacinto, Montgomery, en- Walker, Grimes, Madison, Leon, Polk. 1.6. al ft 18. 23. 24, + Harris. Walier, Fort Bend. Wharton, Matagorda, j3ra- zoria, Gatveston, Cham- bers. Austin, Lavaca. Washingtca, Burleson, Lee, Bastrop. Lampasas, Williamson, Burnet Travis. Blanco, Hays, Comal, Cald- well, Gonzales, Guadalupe. Fr yette, Colorado, Aransas, Atascosa, Bee, Calhoun, DeWitt, Frio, Goliad, Jackson, Karnes, Live Oak, Refugio, Victo- ria, Wilson. Cameron, Dimmitt, Duval, Hidalgo, La Salle, McMul- len, Nueces, San Patricio, Starr, Webb, Willacy, Za- pata, Brooks, Dunn, Kle- berg, Jim Hogg, Jim Wells. Bandera, Bexar, Gillespie, Kendall, Kerr, Real. CIVICS: TEXAS AND FEDERAL 27 25. Bnew eters cone a elt ond erennene Recaes ‘ulberson, wards, wall, Taylor, Terry, p- Paso, anon Jeff Davis, ton, Ward, Winkler, Yoak- Kimble, Kinney, Mason, um. Maverick, Medina, Me- Archer, Armstrong, Bailey, nard, Pecos, Brealey Rens Beas ao come gan, eeves, chleicher, ‘astro, ildress, ay, Sterling, Sutton, Terrell, Cochran, Collingsworth, Tom Green. Tivalde. Val Cottle, Crosby, Dallam, Verde, Zavala, Hudspeth. Deaf Smith, Dickens, 26. Brown, Coleman, Comane Donley, Floyd, Foard, che, Concho, Erath, Llano, Gray, Hale, Hall, Hans- Mee mlcer Mills, Runnels, 1orG Hi Gesmiey eeatene an Saba m 5 > a ee inson, Jack, King, Knox, rags Bale Bosque, Coryell, Ham Tams Tinscom numa , ilton. oo s , 28, -Andrews, Borden, Callahan, peck ator Mode Oca Grane, Dewseds eee Potter, Randall, Roberts, ait , in Sherman, Swisher, Throck- Garza, Glasscock, Haskell, MmoLtonlnWmecteniewiichita Howard, Jones, Kent, Wwilbargers vane oe > Loving, Lynn, Martin, 39 wood ere x ll Midland, Mitchell, Nolan, Oo Erte om ewes Palo Pinto, Scurry, Shack- 31. Denton, Montague, Wise. Qualifications of Senators. In order to be eligible to the office of senator one must possess the following qualifications: Must be at least 26 years of age. Must be a male citizen of the United States. Must be a qualified voter in Texas. Must be a resident of Texas for the five years next pre- ceding his election. e. Must be a resident of his district for one year next pre- ceding his election. The salary of a senator is fixed by law and at present is five dollars a day for the first sixty days of the ses- sion, and after that not to exceed two dollars a day for the remainder of the session. Senators are also entitled to their traveling expenses, going to and returning from the capital once during the session. This is called mile- age and is computed on the basis of twenty cents for each mile actually traveled. Membership in the House of Representatives. The Texas House of Representatives in 1913 consisted of 142 members. Under the constitution the number is varia- ble, but can never exceed 150. The term of office is two uO oS 28 CIVICS: TEXAS AND FEDERAL years. An entirely new House of Representatives is elected every even year. Representatives are appor- ‘tioned among the counties according to their population as shown by the last federal census. The ratio of repre- sentation is obtained by dividing the population of the state by 150. Each county is entitled to as many repre- sentatives as this ratio is contained in its population. A county that lacks enough people to entitle it to a repre- sentative of its own is attached to one or more contiguous Courtesy of Dailas News. Hall of House of Representatives. counties, forming a joint district. When a county is en- titled to a fractional representative in addition to one or more full representatives, it may be joined with enough contigtious counties entitled to fractional representatives to entitle them together to be formed into an additional district, called a flotorial district. The representative sent by such a district is known as a “floater.” CIVICS: TEXAS AND FEDERAL 29 There are twenty-three flotorial districts. State Representative Districts The Thirty-second Legislature divided the State into 127 State Representa- tive Districts. ties each of them contains. The following table shows what coun- F indicates a flotorial dis- trict; and a star (*), the county as a part of a flotorial district. When a district has more than one representa- tive the number is shown in parenthesis: COIR Crores : Romie: @ “Bowie(*), Cass(*), Ma- rion(*). Harrison. .- Panola. . Rusk. . Nacogdoches. Shelby. . Sabine, Newton, Jasper. . San Augustine, Angelina. . San Jacinto, Polk. . Hardin, Liberty, . Jefferson. HG) Tyler. Jefferson(*), Liber- ty(*), Orange. . Harris (4). . Galveston. Ge) Galveston(*), Cham- bers. . Fort Bend, Waller. . Brazoria, . Walker, . Montgomery, Grimes. . (F) Grimes(*), Brazos. . Madison, Leon. - Houston. 5. Anderson. . Cherokee. . Smith. . (F) Smith(*), Henderson. . Van Zandt. . Wood, Rains. . Camp, Upshur. eo atuss - Red River. . Hopkins. . (F) Hopkins(*), Delta, Matagorda. Trinity. Morris, Franklin. . Lamar. . Fannin. . (F) Lamar(*), Fannin(*). Hunt. | (F) Hunt(*), Rockwall. Collin. . Grayson (2). . (F) Collin(*), Grayson(*). . Dallas (4). . Kaufman. - Denton. - (F) Dallas(*), Cook. Kaufman (*). 49, Montague. . Duval, A aio}, . Wise. ypanken, . Tarrant (8). . Johnson. 5 (G3) . Ellis (2) Se Etille . Navarro. 5 Ou) Dos (Py THC Yo . Limestone. - McLennan (2). . Falls. 5 CE) Tarrant(*), Denton(*). wv reestone(*), Navar- Navarro(*). McLennan(*), Falls(*). Lime- stone(*), - Robertson. . Milam. - Bell. = GG) Belles . Burleson, Lee. . Washington. . Fayette. . Austin, Colorado. . Lavaca. . Wharton, Jackson. Milam (*). Victoria, Goliad, Calhoun. Aransas, Refugio, San Pa- tricio, Bee, Live Oak. Nueces, Jim Wells, Dunn. . Willacy, Cameron, Kleberg. . Starr, Hidalgo, Brooks, Jim Hogg. Webb, Zapata. Atascosa, McMullen, La Salle. . Karnes, DeWitt. . Gonzales. . Guadalupe. . (F) Wilson, Karnes(*). 30 CIVICS: TEXAS AND FEDERAL 85. Bexar (4). 115. Sutton, Kimble, Kerr, Ban- 86. Caldwell. cere pars: perockele 87. Hays, Comal. fason, Menard, Real. 88. Llano, Gillespie, Bianco, 116. Uvalde, Medina, “Zavala, Kendall. immit. 89. Travis (2) Tie a zoney, Val . z is Jerde, Terrell, Brewster, Rye ena tis, petesitio, Jett Davis. 92. (F) Williamson(*), Burnet. HS. SO ee 93. Coryell, Lampasas. 119. (KF) El Paso(*), Culberson, 94. Mills, Hamilton. Pas umitioe .vinkl Ss. (F) onnson(®), Bosque, 120 Midland, Betor, Winkle, QO > > > $6. Erath. q Pat Reeves, Pecos, Ward, 97. oe Out ee Crane, Upton, Reagan, ae Glasscock. 98. Palo Pinto, Stevens. 121. Mitchell, Nolan, Fisher. 99. Young, Jack. 122. Briscoe, Floyd, Crosby, 100. Clay, Archer. Garza, Borden, Dawson, 101. Wichita, Wilbarger. Gaines, Andrews, Yoakum, 102. Baylor, Throckmorton, Terry, Lynn, Lubbock, Haskell. Hockley, Cochran. : 108. Hardeman, Foard, Knox. 128. Bailey, Lamb, Hale, Swish- 104. Cottle, Motley, Childress, aoe Restos peaetiiers: Deak Hall. : > vé 2 = = : a : strong. 105. Dickens, Kent, King, : = ae Stonewall, Scurry. 124. Donley, Collingsworth, Gray Wheeler, Hemphill, Rob- 106. Jones, Shackelford. erts, Lipscomb, Ochiltree. 107. Taylor. Q i : 108. Callahan, Wastland. Be tears . Comanche. r tley, 110. @) Brown, Callahan(*). Bourn anet), Hartley; 111. Coke, Runnels. 126. (F) Harrison(*), Gregg. 112. Coleman, Concho. 127. (F) Burleson(*), Lee(*), 113. Sterling, Irion, Tom Green, Fayette(*), Waller(*), , Schleicher. Fort Bend(*), Austin(*), 114. MeCulloch, San Saba. Colorado(*). Qualifications of Representatives. In order to be eli- gible to the office of representative one must possess the following qualifications: a. Must be at least 21 years of age. b. Must be a male citizen of the United States. c. Must be a qualified voter in Texas. d. Must be a resident of Texas for the two years next preced- ing his election. e. Must be a resident of his district for one year next pre- ceding his election. The salary and mileage of a representative are the same as that of a senator. Privileges of Legislators The Constitution throws the following safeguards around the person of the men: CIVICS: TEXAS AND FEDERAL 31 bers of both houses, in the interest of the people they represent: a. Members are privileged from arrest during the sessions of the Legislature, and while going to or from the capital, except on serious criminal charges. Were it not for this provision a legislator might be arrested on some trivial or even false charge and thus kept from his seat by his political enemies, for the purpose of aiding or thwarting the passage of some particular measure. b. Members can not be imprisoned for more than 48 hours for violating any legislative rule. When mem- bers violate such rules they may be called to “the bar of the house” of which they are members and punished. This provision prevents their being excluded from their seats long enough to cause serious injury to the interests of their constituents. c. Members can not be held responsible, out of their legislative hall, for words uttered in debate in it. Proper legislation demands a full discussion of all ques- tions under consideration. Members should be free from all kinds of intimidation and from fear of outside ac- countability for their utterances in debate on legislative measures. Prehibitions on Legislators The Constitution en- forces the following: prohioitions on those who are members of either house, and on those who seek to be- come members: a. No member can hold a civil office which carries a salary or fees during his legislai:ve term. This prevents him from having distracting official interests. b. No member can be elected or appointed to a civil office or place of profit, which was created, or the emoluments of which were increased, during his legislative term. This pxe- vents the legislators from increasing their own salaries or mileage. 32 CIVICS: TEXAS AND FEDERAL c. No member can vote for a fellow member to fill any place of legislative appointment except as specified in the Con. stitution, d. No member can be interested in any contract with the State, or in a contract authorized by any law enacted during his legislative term. e. No member can vote on any bill in which he has a per- sonal interest. Furthermore, he must disclose his personal or private interests in such bills, to the house of which he is a member. f. No person who has handled public funds can serve as a member of the Legislature, until he has made a full legal set- tlement for all such funds. g. No member can remove his residence from the district which he represents without vacating his seat in the Legis- lature. In order to understand the needs and interests of a locality one must reside there. The Practice of Lobbying. During recent years it has become the practice of many large corporations, whose interests will be most affected by possible legis- lation, to send attorneys to the capital to watch legisla- tion, while the Legislature 1s in session. ‘These men are supposed to have expert knowledge of the laws af- fecting their particular industries, and thus to be in a position to advise with the legislators, and to influence the reports of committees. Such men are called lobby- ists because they frequent the lobbies of the Senate and House of Representatives. Lobbying sometimes be- comes offensive to the legislators and may be an insidi- ous source of corruption. In Texas it is a crime for lob- byists to privately solicit the vote of a member of the Legislature, or to privately endeavor to exercise any in- fluence over him, or to offer anything of value to him to influence his action on any bill that is pending, or that may be introduced later. The penalty is a fine of from $200 to $2000, and to this may be added a penitentiary ser‘ence of from six months to two years. CIVICS: TEXAS AND FEDERAL 33 THOUGHT QUESTIONS 1. What legislation can be effected in a special session of the Legislature? 2. Give the number of your senatorial and of your repre- sentative district. Who is your State senator? Your repre: sentative in the Legislature? 3. What is a flotorial district? How many are there? 4. How often must Texas be redistricted? 5. What is meant by classifying senators by lot? 6. What is mileage? 7. How often is a new Senate elected? A new House of Representatives ? 8. What is the present number of senators? Of represent- atives ? 9. Why should senators and representatives be selected from their respective districts? 10. Debate the question “Should a Representative Always Obey the Known Wishes of His Constituents?” 11. What is lobbying? CHAPTER VI POWERS OF THE LEGISLATURE Prerogatives Common to Both Houses. Both houses have certain prerogatives in common, the most impor- tant of which are as follows: a. They shall elect their own officers, with the excep- tion that the lieutenant governor is ex-officio president of the Senate. The presiding officer of the House of Representatives is called the speaker. The other im- portant officers are the clerks, sergeants at arms, and chaplains. The Senate elects a president pro tempore, who presides when the lieutenant governor is absent. b. Each house may proceed with the business before it whenever it has a quorum present. The presence of a quorum is shown by calling the roll. It takes two- thirds of the entire membership to make a quorum, When a quorum is not present a minority may adjourn the house from day to day, and may order the sergeant at arms to arrest the absentees and bring them in. This prevents a few members from making a quorum impos- sible, by absenting themselves and thus interfering with legislation to which they are opposed. The sergeant at arms may arrest absentees anywhere in the State. c. Each house may make its own rules. d. Each house, by a two-thirds vote, may punish or expel its own members for the violation of its rules, but a member can not be expelled twice for the same of- fense. He may have been expelled for party purposes or for personal reasons, but if at the election called to fill the vacancy he is re-elected by his constituents, he can not be molested again for the same offense. e. Each house must keep and publish a journal of its proceedings. f. Each house shall hold open sessions, except that either house may meet in secret, or executive session, for 84 CIVICS: TEXAS AND FEDERAL 35 the transaction of certain business; also, when the pub- lic safety demands it. g. The two houses are coordinate in all matters of general legislation. Any bill may originate in either house, except. one that provides for raising revenues. All revenue bills must originate in the House of Repre- sentatives, for the reason that the members of that house are more closely in touch with their constituents than are the senators with theirs. The Senate, however, may amend revenue bills. In regular sessions the Legisla- ture may legislate on any matters permitted by the Con- stitution, but in special sessions it can only legislate on such matters as are specifically referred to it by the governor. h. Each house can adjourn for three days without the consent of the other house, and with its consent can adjourn at any time temporarily, or sine die (si’né di’é), i. e., without setting a day for the next meeting. Contested Seats. Under the Constitution each house is a judge of the qualifications of its own members, sub- ject only to the restrictions and requirements of the Con- stitution. This prevents any man taking his seat when not possessed of all the constitutional requirements for membership, even though elected by his constituents. It also enables the house to refuse admission to any one elected by corrupt means. Often, however, two men appear from the same district and each claims to be the legally elected member. This is called a contested election. In contested elections the presiding officer of the house to which they claim election must be furnished with a copy of the “Notice of Contest,” a statement of the claims of each contestant, the precinct roll lists of the district from which they come, and, if possible, writ- ten testimony secured to substantiate their claims. Im- 36 CIVICS: TEXAS AND FEDERAL mediately after the organization of the Legislature the “contest” papers are opened by the presiding officer of the house to which they claim election and are referred to the “Committee on Privileges and Elections.” This committee then holds a preliminary trial and reports to the house. The house then fixes a day for action on the committee’s recommendation. It may seat either of the claimants to membership, or it may declare the elec- tion void. If the election is declared void the governor appoints some one from the district to fill the place until a new election can be held. Impeachment Proceedings. Any elective state offi- ciai, or a judge of one of the higher courts, who is guilty of wrongdoing, may be removed from office by impeachment proceedings. An impeachment is an accu- sation of wrongdoing, and it is followed at once by a trial. It is the most serious proceeding that occurs in the legislative halls, as it always involves the honor, the reputation, and the political fortunes of a citizen, as well as the protection of the State from corrupt prac- tices, from offensive conduct, or from oppression on the part of an office holder. All impeachments of state officers must be made by the House of Representatives, and must be tried by the Senate. Two-thirds of the thirty-one senators elected must vote for conviction in order to convict. A verdict in impeachment cases can only extend to removal from office and to disqualification for any office of honor, trust, or profit, in Texas. While an officer is under impeachment he is removed temporarily from office and his place is filled by the governor with a provisional appointee. Amending the Constitution. It is very important that the Constitution of the State shall not be changed has- tily. In order to protect it from this the assistance of both the Legislature and the qualified voters of the CIVICS: TEXAS AND FEDERAL 37 State is needed before it can be amended. It is interest- ing to know that between the time of its adoption in 1876 and June 1, 1917, the Constitution has been amend- ed in thirty-four sections. In four cases amendments were amended. When it is desired to amend the Constitution the amendment must be proposed at a reg- ular session of the Legislature by a two-thirds vote of all the members of both houses. The Legisiature then fixes a day on which the qualified voters of the State shall vote on the proposed amendment. Prior to this election the amendment must be published once a week for four weeks, commencing at least three months be- fore the election, in one newspaper in each county, in order that the voters may have time to study it and thus be able to vote intelligently. If the amendment receives a majority of all the votes cast in the election it becomes a part of the Constitution, and the governor issues a proclamation to that effect. Limitations on Legislation The Constitution pre- scribes many limitations on the power of the Legislature, but only the most important will be discussed here. a. “The Legislature shall not have the right to levy taxes or to impose burdens upon the people, except to raise revenue sufficient for the economical administration of the govern- ment.” This prevents the accumulation of “a treasury sur- plus.” Some politicians, who might shrink at a dishon- est act in their private affairs, have been tempted in state and national affairs to embark their government in undertakings involving the expenditure of vast sums of money, that they might profit by commissions from the contractors. This is known as “graft” or “jobbery.” Without a treasury surplus graft is not so easily accom- plished. ~ b. “No debt shall be created by or on behalf of the State except to supply casual deficiencies of the revenue, repel in- vasion, suppress insurrection, defend the State in war, or pay existing debt; and the debt created to supply deficiencies in 38 CIVICS: TEXAS AND FEDERAL the revenue shall never exceed in the aggregate at any one time two hundred thousand dollars.” Few States in the Union are without bonded indebted- ness. Many are so bonded that to pay the interest is a heavy tax burden in itself. When we learn that in 1914 Virginia had a bonded indebtedness of $24,183,882, Mas- sachusetts of $84,701,602, Louisiana of $11,108,300, and Texas of only $3,976,200, we appreciate this feature of our Constitution. c. “The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State in aid of, or to any person, association or corporation, whether municipal or other; or to pledge the credit of the State in any manner whatsoever, for the payment of liabilities, present or prospective, of any individual, association of individuals, mu- nicipal or other corporation whatsoever.” Some States have lent their credit to railways and later have been compelled to pay their bonded indebted- ness. This is impossible in Texas. d. “The Legislature shall have no power to make any grant or authorize the making of any grant of public money to any individual, association of individuals, municipal or other cor- poration whatsoever; provided, however, the Legislature may grant aid to indigent and disabled Confederate soldiers and sailors who came to Texas prior to January 1, 1900, and their widows in indigent circumstances, and who have been bona fide residents of the State of Texas since January 1, 1900, and who were married to such soldiers and sailors anterior to January 1, 1900; to indigent and disabled soldiers, who under special laws of the State of Texas, during the war between the States served for a period of at ieast six months in organizations for the protection of the trontier avainst Indian raids or Mexican marauders, and to indigent and disabled soldiers of the militia of the State of Texas, who were in active service for a period of at least six months during the war between the States, to the widows of such soldiers who are in indigent circumstances, and who were married to such soldiers prior to January 1, 1900, provided that the word ‘widow’ in the preceding lines ot this section shall not apply to women born since 1861, and also to grant aid for the establishment and maintenance of a hore for said soldiers and sailors, their wives and widows, and women who aided in the Confederacy, under such regulations and limi- tations as may be provided for by law; provided, the Legisla- CIVICS: TEXAS AND FEDERAL 39 ture may provide for husband and wife to remain together in the home. “The Legislature shall have the power to levy and collect, in addition to all other taxes heretofore permitted by the Con- stitution of Texas, a State ad valorem tax on property not ex- ceeding 5 cents on the $100 valuation for the purpose of cre- ating a special fund for the payment of pensions for services in the Confederate army and navy, frontier organizations and the militia of the State of Texas and for the widows of such soldiers serving in said armies, navies, organizations, or militia.” The brave soldier is revered by Texans, regardless of the flag under which he served. Every law passed by Congress granting pensions to deserving Union soldiers in the “War betweenthe States” has re- ceived the full endorsement Ot I @ seal mS Temas nas 2 maximum pen- sion rate of 5c on $100 assess- ed valuation of property. This pension fund is for Confed- era‘e veterans ana their wid- ows. This fund is in excess of a million dollars annually, and is distributed to. over ten thousand beneficiaries. The Home for Confederate Veterans, Austin. e. “No local or special law shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated.” 40 CIVICS: TEXAS AND FEDERAL It would be eminently unfair to pass laws regulating the affairs of particular cities, towns, counties, etc, locating or changing county seats, changing the names of persons or places, etc., without allowing those inter- ested to be heard for or against the proposed laws. The formation of a school district by the Legislature is an exception. See Article VII, Section 3. f. “The Legislature shall hold its sessions at the city of Austin, which is hereby declared to be the Seat of Govern- ment.” In case of e m ergencies, such as dan- ger from pes- tilence, or from a_hos- tile army in time of war, the Legisla- CW Cae Chan change its placeof meet- ing tempora- Second Capito! of Texas, Austin, Burned in 1881. rily. The folk tai sea Se lowing are the places that have been the capital of Texas: San Felip: de Austin, near what is now Sealy in Austin county, was .nade the capital of Austin’s Colony in 1823. The Conventions of 1832 and 1833, the Consultation, and the Pro- visional Government held their sessions there. Washington in Washington county Harrisburg in Harris county Galveston in 1836 Velasco and Quintana in Brazoria county Columbia in Brazoria county Houston in 1837 Austin in 1839 Houston in 1842 Washington in 1842 Austin in 1845 CIVICS: TEXAS AND FEDERAL Texas has built a magnificent capitol building at Aus- tin in which the Legislature holds its sessions, the Su- preme Court has its chamber, and most of the executive officers have their offices. This building was begun in 1883, and was dedicated in May, 1888. It is the only capitol building in the United States which did not re- The Texas Capitol, Austin. quire the creation o, bonded indebtedness to build. Tt as paid for with 3,0,30,000 acres of public land. g. “The Legislature stall, in no case, have power to issue Profiting by the finamial errors of other States, Texas as maintained her finan-ial integrity. Legal Holidays. A day, fixed by law for the suspen- psion of business is caffed a legal holiday. Each State ny 6. What is the Journal of the house? Why published? tt What is meant by an ex-officio officer? | th Ne 7. Under what circumstances may a Journal of legislative proceedings remain unpublished? i 8. What is an open session? Why so generally demanded? 9. What is an executive session? Why sometimes necessary? 10. What is meant by “Committee of the Whole?” What pre is necessary to make its actions effective? i 11. Why should revenue bills originate in the lower house y 12. What is a “contested seat?” How are legislative con} M tests settled? 13. What is an impeachment? Who impeaches? Who tries) the cases of impeachment? What penalty can be inflicted upon at those convicted in impeachment trials? bill 14. State in full the manner of amending the Constitution aff Texas. ‘ 15. For which holiday does the governor issue a proclama Atl tion? : I hi { bug il Mit CHAPTER VII HOW LAWS ARE MADE How the Bill Originates. The story that a law can tell is very interesting. The idea of the law may origi- nate with people outside of the Legislature. In that event, very likely they will prepare a bill embodying their ideas as to what the law should be, and then ask some representative or senator to introduce it. A proposed law is called a bill while it is being considered by the Legislature, and until it is passed and has become effec- tive. As soon as the bill is introduced it is referred by the presiding officer to an appropriate committee. Each house has many standing committees, such as judiciary, labor, education, rules, privileges and elections, public health, state affairs, judicial districts, etc. Each com- “mittee is supposed to be composed of members specially fitted to discuss critically such measures as come before it, and to formulate wise recommendations. The Bill Itself. It is very important that it be drawn properly, otherwise after it is passed and it is too late to make corrections, it may be found to be deficient in some essential of a constitutional law. All bills must | begin with the “enacting clause” which reads, “Be it en- acted by the Legislature of the State of Texas.” No bill, except an appropriation bill, can contain more than one subject and that must be clearly stated in the title Any bill may, however, contain several items. In the Hands of the Committee. It is here that the bill has its hardest time. Many committees are very busy so that it often happens that they cannot consider bills referred to them. Again, the members of the com- mittee may be hostile to the proposed law and purposely 43 AA CIVICS: TEXAS AND FEDERAL refuse to consider it. In such cases the bills are said to | “die in the committee.’ Sometimes several bills on the )& same subject are introduced by different members. In |g this case it is likely, the committee will prepare a new jg bill containing the best features of all of them. In any event the committee is expected to investigate carefully ‘gq the need of the law, and the constitutionality of the bill. | It may procure information either privately or through \j public hearings. Finally, after the committee considers {jf the bill carefully it will report to the house and recom: [# mend that it do or do not become a law. This bill s\y _ then printed and a copy of it is placed on the desk of jj each member. Sometimes some of the members of the it committee cannot agree with the recommendations of the |. majority, and there is a minority report signed by them, ik This minority report must be considered by the house along with the committee’s report. A The Bill is Up for Passage. After the committee's report is read the bill is placed on the calendar and i comes up for passage. It must be read before the house lg on three different days, and those members desiring to {yj discuss it must be allowed to do so. It may be amended, if provided a majority of the members present think it I should be, but no amendment may change its original i purpose. Under imperative necessity, by a four-fifths i ‘ yf “yea and nay’ vote, it may be read all three times in one day, so as to hasten its passage. If a majority vote for the bill on its second reading it is sent to the engrossing m clerk, who copies it neatly pitino erasures, interlinea- i tions, or corrections. After being engrossed the bill is . ready for its third reading, and for final passage or re- th jection. If passed, it is then sent to the other house. m In the Other House. There it is referred to a com- mittee, and when reported by this committee, comes up for passage. It must be read three times and must bef, CIVICS: TEXAS AND FEDERAL 45 ended may be concurred in. If the two houses can jot agree it is customary for them to appoint a tempo- tla free conference committee. ‘This committee generally itis able to agree on a compromise and the bill as agreed lito by them is reported back to both houses, where it is t either passed or rejected. The Legislature’s Last Act. After being passed by ent. This enrolled bill is signed first by the presiding Officer of the house where it originated, and then by the <“)presiding officer of the other house. This official sign- “fing must be done while the house is in session, and the nifact must be recorded in the Journal. Very often bills, Ma quorum for their official signing. In the anes, of the Governor. After the enrolled silithe governor for he consideration. If he approves the Mbill he will sign it and it will become a law. If he dis- epproves the bill he writes his disapproval specifically wend sends the bill back to the house where it originated. alled a veto. Veto is a Latin word which means “I orbid.” If the governor does not approve or veto a bill : ithin ten days, Sundays excepted, from the time he re- Weeives it, it becomes a law without his signature. ® Asa safeguard against the action of a Legislature that 46 CIVICS: TEXAS AND FEDERAL A Law Enacted by the 32nd Legislature,CIVICS: TEXAS AND FEDERAL 474s CIVICS: TEXAS AND FEDERAL is not in sympathy with a governor, a bill that is passed / within the last ten days before adjournment does not re- , quire the governor’s approval or veto within ten days after its passage. The governor may prevent such a 7 bill from becoming a law by filing it, with his objections, with the secretary of state, and then proclaiming his objections to the bill within twenty days after the ad- > journment of the Legislature. In New York the goy- ernor may also veto one or more items in a bill and then | approve the rest of the bill. This gives him the power ° of amendment to no small degree. {In Texas and in’ most of the new states the governor can veto one or 7 more items of an appropriation bill and approve the rest. | Passing a Vetoed Bill The veto power of the gov- ernor serves as a check to partisan or hasty legislation, and prevents bills with errors and constitutional en- croachments from becoming laws. Sometimes, how- ever, the Legislature still insists on having a vetoed bill . become a law, and then it can do so if both houses, after | considering the governor’s objections, pass the bill over | his veto by a two-thirds vote. The governors of all | States except Rhode Island and North Carolina have | the power to veto bills. It is a power seldom used. In| England, where the king possesses it, no Act of Parlia- ment has been vetoed in two hundred years. What Becomes of Approved Bills When the gov- > ernor has approved a bill he sends the parchment copy \ received from the Legislature, with his signature at- | tached, to the secretary of state, who files it in the state ¢. archives, which are kept carefully in his office. It will become effective ninety days after the adjournment of | the Legislature, unless it has been passed with the so- called “emergency clause.” When this clause is attached § } to a bill, and the bill is passed by a two-thirds roll 1 call vote of the members elected to each house, it becomes / wo CIVICS: TEXAS AND FEDERAL 4g effective when signed by the governor. The ninety days’ _j time is given for the adjustment of the existing civil and ™) social conditions to accord with the new requirements. THOUGHT QUESTIONS 1, What is a bill? A law? 2, What is an enacting clause? 3. What is a minority report? 4. What is a conference committee? 5. What is meant by placing a bill on the calendar? 6. What is meant by engrossing a bill? When is it en- 7. What is meant by enrolling a bill? When is it enrolled? 8. What is a veto? State the conditions necessary to pass a bill over the governor’s veto. Under what conditions can a governor veto items in a bill? ~ 9. Under what conditions may a bill become a law without he governor’s signature? 10. How may the governor prevent a bill that was passed during the last ten days of the legislative session from becom- Il. What States do not allow their governors to veto laws? 12. What is an emergency clause? Under what conditions ay an emergency clause be inserted in a bill? GEAR Vell THE EXECUTIVE BRANCH The Principal Officers and How Chosen. Th- execu- tive power of the State of Texas is vested in the goy- ernor, who is called the chief executive officer; the’ lieutenant governor, secretary of state, comptroller of pff public accounts, treasurer, commissioner of the general § land office, attorney general, superintendent of public i instruction, commissioner of Penenintrc and three rail- ‘a road commissioners. The secretary of state is appoin- $ : en ed by the governor, with the consent of the Senate. Th | h other executive officers are elected by the qualified votersis at the general election. ts ‘i Their Salaries The annual salaries of state officiel are fixed either by the Constitution or by the Legisla- ture, and are as follows: k Governor, $4000. tt Railroad Commissioners, $4000. tf Comptroller of Public Accounts, $2500. pat Treasurer, $2500. Land Commissioner, $2500. Superintendent of Public Instruction, $4000. Commissioner of Agriculture. $3600. Secretary of State, $2000. Attorney General, $2000, and fees not to exceed $2000. The lieutenant goy- ernor, while acting as| president of the Sen-} ate, receives the same salary and mileage as| jy is paid a senator; and te while acting as gov-' ‘rs ernor he receives the je same salary as the), governor would have jit, The Governer’s Mansion. peceed for the same | a 50 fe itd CIVICS: TEXAS AND FEDERAL 51 time. In addition to his salary the governor has the €Xttifree use of the Governor’s Mansion, with its fixtures €wiand furniture, and the use of the grounds surrounding t; lithe Mansion. The Legislature also makes provision for llttithe proper care and adornment of the Mansion and seit crounds at the expense of the State. put 4 | Their Tenure of Office.- The secretary of state serves a ‘iring the term of the governor. The railroad commiis- a qsoners are elected for a term of six years, one being ; elected at each general election. All the other executive WOKE ' officers are elected for terms of two years. If for any gy reason their successors do not qualify for office by tak- as the oath during the first week after the organiza- tion of the Legislature, when their terms begin, then he old officials hold over until they do qualify. It is n unwritten law of the Democratic Party in Texas that a faithful state official is entitled to four years of serv- ice. Third terms are not popular. Before 1918, no gov- ernor offered for more than two terms. In Texas, as in nost States, the elective executive officers of the State an be removed from office only by impeaehment pro- eedings. Governor Ferguson was removed from office y impeachment proceedings September 25, 1917. State Boards Composed of State Officials. Board of Public Printing Attorney General, Treasurer, Sec- etary of State. leag’ Board of Education Governor, Secretary of State, Comp- roller, Superintendent of Education. Governor is ex officio resident, and Superintendent of Education is ex officio secretary. State Depository Board Treasurer, Comptroller, Secretary of ae Banking Board. Attorney General, Comptroller, Treas- Intangible State Tax Board. Comptroller, Secretary of State, ax Commissioner. Board to Calculate Tax Rate. Governor, Comptroller, and Teasurer. 52 CIVICS: TEXAS AND FEDERAL Supervisors of Warehouses. Governor, Commissioner of Agri- culture, Commissioner of Insurance and Banking. Water and Light Board Governor, Attorney General, and) Comptroller. THOUGHT QUESTIONS. ja 1. What is meant by tenure of office? 0 2. What are the advantages of short official terms? al 3. What are the advantages of long official terms? | 4, What are the advantages of a non-re-election policy? ie 5. Why does the State take care of the Executive Mansion} yj and grounds? : we 6. Asa matter of policy, why is it best to have the Governor] jp appoint the Secretary of State? 7. Why was the term of office of railroad commissione made six years? 8. What is meant by qualifying for office? ple 9. When do state officials qualify? | 10. When do county officials qualify? eral, Ay a CHAPTER IX THE GOVERNOR Necessary Qualifications For any one to become overnor of the State of Texas he must be possessed of he following qualifications : a. Must be a male citizen of the United States. b. Must be at least 30 years of age. c. Must have resided in Texas at least five years immedi- ely preceding his election. His Inauguration The inauguration of a newly ected governor into office is a very important event. t occurs on the first Tuesday after the organization of he Legislature, in the January following the general lection. At noon on this day, in the hall of the House f Representatives, in the presence of the Legislature, he judges of the Supreme Court, and many citizens of he State, the governor repeats solemnly the oath of bffice as it is administered to him by the chief justice pf the Supreme Court. He then kisses a copy of the Bible as a sign of his intention to be bound by his path. The ceremony ends with an address by the newly Inaugurated governor, in which he discusses questions of political interest to the State and outlines his views nd intentions. The oath to which the governor: sub- cribes is as follows: “ , do solemnly swear, (or affirm), that T will faithfully and impartially perform all duties incumbent upon me as governor, according to the best of my skill and ability, agreeably to the Constitution and Laws of the United States, and of this State; and I do further solemnly swear, (or af- firm), that since the adoption of tie Constitution of this State, I, being a citizen of this State, have not fought a duel with deadly weapons, within this State, nor out of it, por have [ sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, or ordered, advised, or assisted any person thus offending; and I further- 53 ot CIVICS: TEXAS AND FEDERAL ls more solemnly swear (or affirm), that I have not, directly ae indirectly, paid, offered or promised to pay, contributed n all promised to contribute, any money or valuable thing, or pro ised any public office or employment, as a reward for the givin esl or withholding a vote at the election at which I was elected: § sje th heip me God.” : Commander of State Militia In order to have strong government the chief executive must posses power to enforce the laws, even when a considerable pary of the citizens are opposed to them and disposed to rebel sist them by force. The military forces of a State aril called the state militia, The Texas State Militia, or thy ge Texas National Guard, as it is called, is scattered ovepiit! the State by companies, so as to be convenient for serv “nt ice. The governor is commander-in-chief of the National ii! Guard, except when it is in the active service of thie United States. He may call it out when necessary towel execute the laws of the State, to suppress insurrectionj(ay to repel invasion, and to protect the frontier. He hag ‘el the power to send it to any county in the State solely|™ on his own responsibility, but in practice he does not do so until a formal request for its help is received from the “ed sheriff. The governor is represented in the command og the National Guard by the adjutant general, who is the) active commander. ard His Appointive Power You have learned that the ie governor appoints the secretary of state. He also apf points many other officers of the State, and as many jug notaries public as he thinks necessary, subject to the tai consent of the Senate. In addition, he fills vacancies that may arise in state or district offices. If these api pointments are made while the Senate is in session h@ jyy sends the names of his appointees to it. If they are nof)lis confirmed by a two-thirds vote of the senators present, lit the governor submits the names of other appointees for i" CIVICS: TEXAS AND FEDERAL 55 the places. If the Senate fails to confirm the governor’s successive appointments before its final adjournment, he 30ithen fills the position with eligible appointees whose A names have not been rejected by it. Appointments made Twhile the Senate is not in session are called recess ap- pointments and must be confirmed by the Senate during the first ten days of the next session, or new appoint- ments must be made. The principal officers appointed ra by the governor are as follows: et Secretary of Stdte. Adjutant General Assistant Attorney General. State Revenue Agent. State Health Officer. - Dairy and Food Commissioner. Commissioner of Insurance and Banking, State Tax Commissioner. Reclamation Engineer. Labor Commissioner. State Pension Commissioner, State Mining Inspector. State Fire Marshal. State Purchasing Agent. Game, Fish and Oyster Commissioner. Superintendent of Public Buildings and Grounds. The membérs of all the following boards are ap- } pointed by the governor with the consent of the Senate, ®and serve for a term of six years. The number in } parenthesis indicates the number of members: Board of Regents of the State University (9). Board of Directors of the Agricultural and Mechanical Col- lege and the Prairie View Normal College (9). Board of Regents of the College of Industrial Arts (6). Board of Regents of the State Normal Schools (6). Board of Trustees of each of the three Insane Asylums (6). Board of Trustees of the State Blind Institute for Whites (6). Board of Trustees of the State Deaf, Dumb, and Blind Insti- ®| tute for Negroes (6). Board of Trustees of the State Deaf and Dumb Institute for Whites (6). Board of Managers of the State Orphans’ Home (6). Board of Trustees of the State Epileptic Colony (6). Board of Managers of the Confederate Home (6). 56 CIVICS: TEXAS AND FEDERAL Board of Managers of the Confederate Woman’s Home (6). Board of Control of Girls’ Training School (5). Board of Trustees of State Juvenile Training School (6). The following boards are appointed for a term of two years, except the Anti-~Tuberculosis Commission : Board of Pardon Advisers (2). State Board of Health (7). Anti-Tuberculosis Commission (6). State Board of Pharmacy Examiners (5). State Board of Medical Examiners (11). State Board of Dental Examiners (6).. State Board of Examiners of Trained Nurses (5). State Fire Rating Board (3). State Mining Board (7). State Industrial Accident Board (3). State Live Stock Sanitary Commission (3). State Board of Veterinary Examiners (7). State Library and Historical Commission (5). What Are Commissions When the governor ap- points some one to office he sends to him a document stating the office to which he has been appointed. This is called his commission. All commissions are signed by the governor and attested by the secretary of state. They are also sealed with the seal of the State of Texas. This seal consists of a five-pointed star within a wreath of live oak and olive leaves, and is affixed only to offi- cial documents to show their legality. The governor also issues commissions to all county, district and state elective officers. The Pardon Power. The power to grant pardons and reprieves is one of the most important that is vested in the governor. Often there may be extenuating cir- cumstances surrounding one convicted of a crime, or evidence may be discovered after he has been sentenced that tends to prove him to be innocent. In such cases, upon a formal petition signed by the friends of the con- victed man, the governor may review the case and de- cide to grant a pardon. Again, a man may be sentenced _ to die for a crime and the governor may be convinced that if the execution of the sentence is deferred, by the “UOISSIWWCS fe ‘onyg}o pres 0 Suyupmiadds siwomajows AML poison Saysauine os so ontuts pe SG a Gn ¢ : os {ad mouy n10I01362 ‘moue a eZ 2 es ee 3 nb Ainp seq pat ‘on fag 913 30 Us Guns pur dq ‘Sexoy Jo ee : oe a TEXAS AND FEDERAL CIVICS Sy ei, Ve Lp 5R CIVICS: TEXAS AND FEDERAL granting of a reprieve, or order suspending it tempora- rily, the accused may be able, by newly secured evidence, etc., to prove himself innocent. The governor can not grant pardons in cases of impeachment, and only with the consent of the Senate in cases of treason. Since 1893 the governor has been assisted in his work of pardon matters by a Board of Pardon Advisers, consisting of two members, who assist him in his investigations and advise with him. But the governor may by virtue of his vested power, grant pardons, or reprieves, or commute sentences without reference to the Board of Pardon Advisers. Other Powers and Duties of the Governor. ce is re- sponsible for the faithful execution of all the laws of the state. He conducts personally all correspondence and official business between the State of Texas and the United States. At the opening of each session of the Legislature he sends to it a message containing: a. A statement of the condition of the State. b. Recommendations of needed legislation. c. An estimate of the money to be raised by taxation for all purposes. d. An account of all the money received and paid out by him from the public funds subject to his order, accompanied by vouchers. At the close of his term of office he sends a message to the Legislature summarizing the work of the govern- ment during his administration. He can convene the Legislature on extraordinary occasions at the seat of government, or at another place, if a public enemy or disease makes it advisable for it to meet elsewhere. The proclamation must state the specific legislation de- sired. After this special legislation is effected the gov- ernor may request other needed legislation at this called session. He must examine critically all bills, all concur- rent resolutions, orders or motions passed by the Legis‘a- ture, except motions on adjournment, and approve or CIVICS: TEXAS AND FEDERAL 59 veto each of them separately. He must inspect the ac- counts of all moneys received and expended, as kept by all officers of the state and managers of state institutions, and must secure semi-annual reports from these officials. The Texas Rangers. Texas has been critically situ- ated in the past, having hostile Indians and depredating Mexicans almost surrounding her. To meet the condi- tions peculiar to our State in its early days, a state police force known as the Texas Rangers, was organized. These rangers are directly under the control of the gov- ernor, and are composed of fearless men, skilled and quick with revolver and rifle, and expert in trailing and capturing, or killing desperadoes and “crooks,” or in circumventing their wiles. They work under special orders, having jurisdiction throughout the State, arrest the lawless without warrant, execute orders decisively and fearlessly, and prove serviceable to the State in crit- ical times. The Governor’s Responsibility The governor is pre- sumed to represent the State as a unity. To the public eye he is “The Executive” and the public is disposed to hold him responsible for the condition of the State. But as the executive power is divided among many of- ficers, the public sometimes wrongfully holds the gov- ernor wholly responsible for the administration of the affairs of the State. He often cannot control the acts of his chief associates. They hold themselves answer- able to their constituents, that is, to the voters, who elect them to their offices, rather than to the chief executive. They can not be removed from office by the governor. While this is true, still the governor is the chief execu- tive in truth and in fact. When occasion requires some one to welcome a prominent visitor on behalf of the State it is the governor who does it; when it is neces- sary for some one to speak for the State it is the gov- 60 CIVICS: TEXAS AND FEDERAL ernor who comes to the front; and when an emergency arises requiring some one to assume authority it is the governor who rises to the occasion. In him rests the dignity of the State. THOUGHT QUESTIONS. 1. In an oath of office, and in judicial proceedings, what is the difference between swearing and affirming? Under what circumstances is affirming admissible? 2. What is meant by a “second” in reference to dueling? 3. Distinguish between army and militia. 4. What is a notary public? Name one. 5. What are recess appointments? How long are they in force? 6. What restriction is placed upon the governor in reference to his recess appointments? 7. What are the duties of the Board of Pardon Advisers? 8. What is meant by a pardon? A reprieve? A commu- ‘ation? 9. Is a convict’s citizenship restored by a pardon? By serv- ing his full time? 10. What is a governor’s message? How is it delivered? 11. What is a Texas Ranger? Compare him with a sheriff. CHAPTER X OTHER EXECUTIVE OFFICERS The Lieutenant Governor. Nearly all associations, civic or social, that have a chief executive, provide for a vice executive to act in his place when, for any rea- son, he can not fulfill the duties of his office. All the States except Arkansas, Delaware, Georgia, Maine, Maryland, New Hampshire, New Jersey, Oregon, Tennessee and West Virginia elect lieutenant governors. In Texas the lieutenant governor acts as governor when- ever the executive office is temporarily vacated by rea- son of the sickness of the governor, of his absence from the State, or of his suspension from office during im- peachment proceedings. In the event of the death of the governor, of his resignation, or of his removal from office, the lieutenant governor fills the unexpired term. If for any reason he is unable to act as governor, then the president pro tempore of the Senate becomes acting governor. Since all the powers and duties of the office of governor may devolve upon the lieutenant governor, he must possess all the qualifications demanded of the ' governor. When presiding over the Senate he has no vote except in the case of a “tie vote,” when he casts the deciding vote. Like all legislative bodies, the Senate sometimes goes into the “committee of the whole” to discuss matters more freely than it can when bound by its rules governing the recognition of members and de- bate. In the committee of the whole the lieutenant goy- ernor has the right to debate and to vote on all ques- tions that arise. The action of the committee of the whole is not binding until confirmed by the Senate in regular session. 62 CIVICS: TEXAS AND FEDERAL Secretary of State- As the duties of the secretary of state are so intimately connected with those of the governor, the Constitu- tion gives the chief ex- ecutive the right to ap- point the sec- retary of state, sub- ject to con- firmation by the Senate. The secre- tary of state is custodian of the state aviy Calaetnva CS: THE STATE ARCHIVES. open f The Man in the Foreground Is Holding One of Consisting Ot the Oldest Records. books maps ’ 2) parchments, documents, records and other state papers, and of the Seal of the State. His principal duties are as follows: a. He must attest with his signature and the seal of the State all commissions given by the governor, and all procla- mations and other documents issued under direction of the governor. b. He must issue charters to corporations under regulations prescribed by the Legislature. c. He must transmit any information pertaining to his office to the Legislature upon its demand. d. He must allow any of the records in his office to be in- spected by anyone desirous of doing so for legitimate purposes; and must furnish attested copies of any of them on receipt of regular fees established by the law. CIVICS: TEXAS AND FEDERAL 63 e. He must keep a record of all the official acts and pro- ceedings of the governor. f. He must publish attested copies of all recently enacted laws that the public may become familiar with them. g. He must publish and distribute to the State officers, to the principal county officers, and to the judicial officers of the State copies of the acts of each Legislature, and also copies of digests of the statutes; and he must distribute to the State officials and to the State courts copies of the decisions of the Supreme Court, and of the courts of appeals; and he must furnish printed journals of the proceedings of both branches of the Legislature to the governor, to the heads of all the executive departments, and to the county judges. ; h. He must receive all State election returns and transmit them to the Legislature when it convenes. ' State Superintendent of Public InstructionThe State Superintendent has general supervision of the public school system of the State. He is ex-officio presi- dent of the State Normal School Board of Regents, and ex-officio secretary of the State Board of Education. The State Superintendent publishes and administers school law, delivers abstract of apportionment of school funds, advises school officers and addresses educational gather- ings, cancels certificates for cause and prescribes regu- lations for summer normals. His duties are further con- sidered in the chapter on Public Education. His term of office is two years, and his annual salary is $4,000. Comptroller of Public Accounts. This officer is real- ly the bookkeeper for the State, and in his office is kept a record of all moneys, lands, and other property belone- ing to the State, and of all debts owed to it, and also of all bonds, liens, mortgages, etc., in which the State is interested. His principal duties are ac follows: a. He superintends all the fiscal affairs of the State and keeps a record of all accounts in which it is interested. b. He examines, and approves all claims against the State that are warranted by law, and keeps an index of them. c. He draws warrants on the treasurer for the payment of all moneys authorized by law, specifying the specific appropriation of funds from which they are to be paid. Each warrant is num- bered consecutively, starting with No. 1 at the beginning of each 64 CIVICS: TEXAS AND FEDERAL fiscal year. . The State’s fiscal year begins September | and ends August 31. d. He prescribes forms to be used in the collection of the State revenues and from time to time issues instructions to assessors and collectors. e. Annually, on the first Monday of November he furnishes the governor a detailed statement of all the funds belonging to the State, with the receipts and disbursements for the pre- ceding year, and also a specific estimate of the appropriations needed for the coming year, showing the means of meeting the proposed expenditures. Vhe Treasurer. lIt is the duty of the treasurer to keep safely all moneys belong- ing to the State, and to disburse them. only on warrants signed by the comp- troller of public accounts. Often there are hun- dreds of thou- sands of dollars on deposit in the euedb stee | vaults in the treasurer’s of- ices slvhie se vaults are care- fully guarded both day and night to prevent loss by theft. Vaults in the State Treasurer’s Office. In Them Are Kept the Money and Bonds The treasurer himself is under in the Custody of the Treasurer. a bond of $75,000, guaranteeing the safekeeping state funds and the making of all disbur. ing to law. All the employees in his office who touch \ CIVICS: TEXAS AND FEDERAL , } the State’s money are also under bond. On sata Monday of November in each year the treasurer submits to fhe governor an exact statement of the condition of the state treasury. we on demand he must exhibit to the Legislature, or to a legislative committee, all the books, vouchers, and papers belonging to his office. He is als’ the custodian of all bonds in which the school funds of the State are invested. The Railroad Commission. In 1854 the first mile of railroad was built in Texas. The building of railroads was very slow at first, owing to the few settlers in many sections of the State. In 1860 the total mileage was 393 miles; in 1870 it had only increased to 711 miles ; and in 1880 was 3,244 miles. Since 1880 railroads have been built with so great rapidity that in 1911 there were 14,296 miles of main lines in the State. That year saw more new miles built than were constructed during the ten years from 1860 to 1870. At first the railroads did not need any more oversight on the part of the State than is given ordinary corporations, but by 1891 they had become so powerful, and so arbitrary in their deal- ings with the public, as to make necessary special officers to see that they did not ignore the rights of the people. In that year the Legislature created the Rail- road Commission, consisting of three members. ‘The railroads fought the creation of the commission, but at last the Supreme Court of the United States decided that the people of the State had the right to establish it for their protection. In 1894 the Constitution was amended making the commissioners executive officers of the State, so that there could be no question as to their authority. The Texas Railroad Commission is regarded throughout the United States as a model agency for the adjustment of troubles arising between railroads and the public, and its decisions have had the 66 CIVICS: TEXAS AND FEDERAL general approval of fair-minded people. Texas is unique among the States in requiring all railroads operating within her borders to be Texas corporations. Thus they are more amenable to her laws than they would be if foreign corporations, i. e., corporations having their gen- eral offices in other States. The principal duties of the Railroad Commission are as follows: a. It compiles information concerning the construction, cost, rolling stock, equipment, stocks and bonds, operating expenses, volume of business, income and rates of all the railroads in Texas. b. It regulates freight and passenger rates, and corrects abuses and prevents discriminations and extortion, affecting shippers and passengers. c. It investigates reported abuses and wrongdoing by rail- roads and imposes penalties for the same. When the railroads do not pay the penalties assessed against them it orders suits to be brought in the courts to compel them to do so. d. It makes rules requiring railroads to post fixed tariff rates, to maintain train schedules, to furnish comfortable de- pots, and to adopt rules for the operation of their trains so as tc conserve the safety of passengers and freight. e. It regulates the issuance of all bonds by railroad com- panies and thus protects the people from the over-capitalizatior of a railroad. Commissioner of Agriculture The work of this offi- cer is well indicated by his title, which is “Commissionei of Agriculture.”’ He has mineralogical and zodlogical sur- veys of the State made and publishes reports of them from time to time. He keeps a State Cabinet of specimens of minerals, coal, stones, and useful substances obtained from Texas lands or waters, and also of all natural his- tory specimens peculiar to the State. He has analyses and assays made of mineral deposits belonging to the State; and also of those belonging to private parties for fees established by law. He is an ex-officio member of the Board of Directors of the Agricultural and Mechan- ical College, and is expected to keep informed of the practical experiments made by it and to compile records of them, and to keep in communication with the United CIVICS: TEXAS AND FEDERAL 67 States Department of Agriculture, and to file carefully all documents obtained from it. From this data, to- gether with that secured from the county assessors, he publishes information that may advance the agricultural interests of Texas. The importance of this officer in the help that he may be to the material prosperity of the State is easily realized when we learn that the value of her eight principal agricultural crops in 1915 was $387,000,000, and of her mineral productions in 1916 was $30,000,000. Agricultural Products 1915. (COHN oocooodcocods GATTO OU) ICS sdccosccnnc8eo $ 9,000,000 Corner e cecnics 136,000,000 Hay and Forage... 16,000,000 Wiheat yaeeneeee as 24000 O00RS Rotatoes) screener: 10,000,000 Oats ster. 5 weeee 20,000,000 Mineral Products 1914. Petroleum cece 1000000): Clays Rroductss a... $ 2,000,000 Goal, Sosesces qoocse, GNOOO C0 Cesmneintt sooccocsc00 3,000,000 Live Stock 1916. (Elonsesa eyes «++. 92,000,000 Number of Cattle.. 6,000,000 Milesinteicerinc ce 77,000,000 Number of Horses. 1,000,000 Mulch @owsssas. oe 57,000,000 Number of Mules.. 1,000,000 Other Cattle....... 180,000,000 Number of Hogs... 3,000,000 Sheep, se peceee 8,000,000 Number of Sheep.. 2,000,000 Hogs tease eee 28,000,000 State Revenue Agent. He is subject to the direction of the governor and travels at the expense of the State in the discharge of his duties. It is his duty to inves- tigate the books and accounts of all officials concerned in the assessment and collection of taxes, and also of those receiving and disbursing public funds. He en- forces the collection of all license fees and revenues due the State. Frequently counties ere careless in not re- quiring such concerns as circuses to pay the required license fees, or corporaticiis are not properly assessed by the local authorities. [t is the work of the state revenue agent to bring suit to recover for the State all reventies due it which are not being collected as re- quired by law. At the request of the governor, he audits the financial accounts of the various state institutions. } 68 CIVICS: TEXAS AND FEDERAL In order to perform the duties of his office, he has free access to the books and records of all persons, all corpo- rations, and all institutions required to pay occupation taxes, or license fees to the State, or who are suspected of making false renditions to the tax assessors. The Attorney General. He is the chief law officer of the State. His principal duties are as follows: a. To represent the State in all suits and pleas in the Su- preme Court to which it may be a party. b. To inquire into the charters of all private corporations, and to take such steps as are necessary to prevent such cor- porations from collecting taxes, tolls, freight, etc., not author- ized by law. c. To seek the judicial forfeiture of the charters of Texas corporations violating the State laws, and to prevent similar foreign corporations from doing business in Texas. d. To give legal advice in writing to the governor and other executive officers when it is requested by them. e. Upon their request, to counsel and advise county and dis- trict attorneys in actions wherein the State is interested. f. To assist in representing the interests of the State in district or other lower courts on request of the governor, or. upon his own desire. g. To inspect the accounts of all charged with the collec- tion, keeping, and disbursement of State moneys, and to protect the State’s interests therein. h. To gee to the purchase of property for the State, and to execute all necessary legal papers in connection with it. Commissioner of Insurance and Banking. No insur- ance company can solicit business in Texas until it has been licensed to do business in the State. Before this is done the commissioner of insurance and banking ex- amines its books and records to make sure that it is doing a legitimate business and is able to carry out its contracts. In order to do business in the State a com- pany must deposit certain securities with this depart- ment, and in addition invest a part of its reserve in Texas bonds or mortgages. On April 18, 1918, there were 874 state banks in Texas. All of them are under the control of this department. A corps of examiners is CIVICS: TEXAS AND FEDERAL 69 kept busy checking their books to make sure that they are complying with the law, and that people are safe in entrusting their money to them. Whenever any of them are found insecure they are closed by order of the commissioner. Guarantee of Bank Deposits. Texas was one of the first States in the United States to pass a law protect- ing depositors in state banks from the loss of their money through the failure of the banks. Under this law every state bank must protect its depositors, either by availing itself of the “depositors’ guaranty fund,” or by the depositors’ bond security system. Under the de- positors’ guaranty plan a bank pays to the State Bank- ing Board, annually, a small per cent of its daily average deposits for the preceding year, with which to create a fund to secure depositors in state guaranty banks against loss in case of the failure of any of the banks. Af- ter this fund has reached the sum of two million dollars the bank ceases to make any further payments until the fund is depleted by paying losses. By the plan of the depositors’ bond security system, a bank files, annually, on January first, with the commissioner of insurance and banking, for and on behalf of all the depositors of the bank, an insurance policy or an indemnity bond in an amount equal to its capital stock. Should a failure occur the State uses this money to pay the depositors in full. Library Commission. The State Library is under a Commission appointed by the governor. It is a part of this Commission’s duty to obtain all information possible regarding the history of the State, and to file it for con- venient reference; and also to preserve carefully all his- torical records, mementos, antiquities, and works of art relating to Texas history, that may come into the State’s possession. CIVICS: TEXAS AND FEDERAL Courtesy of Dallas News. Interior of the State Library, Austin. THOUGHT QUESTIONS 1. What States do not have lieutenant governors? 2. What is a tie vote? Does the lieutenant governor have a vote in case of a tie? 3. Does the president pro tempore of the Senate have a vote in case of a tie? 4. Is the action of a “committee of the whole” binding on the house constituting the committee? Define archives. State the particulars of the “Texas Archive War.” : 6. What is an attested copy of a document? 7. What is meant by election returns? 8. To whom must election returns be made? 9. What is a commission? 10. What are tariff rates, train schedules, and over-capital- ization, as railroad terms? 11. Explain the two systems by which the depositors in State banks are protected against the loss of their deposits. 12. What state bank do you know? Which plan of guaran- teeing deposits does it employ? CHAPTER XI STATE LANDS The Public Domain. Whenever a government is es- tablished all the land within its boundaries, not owned by private parties whose titles are respected, becomes the property of the government, and is called the public domain. While Texas was a Spanish possession a few large grants of land were made to those in favor with the king. Between 1821 and 1835 Mexico made a deter- mined effort to settle the country with people from the United States, by entering into contracts with promoters to give a certain amount of land for every family settled in the province. The first grant was made to Moses Austin. It is known that 9,249 families were contracted to be set- tled in Texas under these grants and that some of the settlers re- ceived as much as 4,605 acres of land. When Texas became indepen- dent the pttiic demain included about 2.:,>to,- 080 acres. In 1850 Tex- as sold 67,000,000 acres, lying in what is now New Mexico, to the United States for ten million dollars. During the days of the Republic Courtesy of Baker, Potts & Ramsdell. Texas had no money The Land Cession of 1850. with which to carry on val CIVICS: TEXAS AND FEDERAL the government and to pay the loans advanced to her during the Revolution. To raise money “land certifi- cates,” or scrip, good for 320 acres and 640 acres each, were sold by agents throughout the United States. This land brought fifty cents an acre. Scrip for 1,329,200 - acres was sold. Land was also given to the soldiers who had served in the “War of Independence,” and to the heirs of those who lost their lives in the Alamo and in the va- rious battles fought with the Mexicans. The Republic also gave lands to immigrants and 27,000 acres for a na- tional highway that was never constructed, and set aside thousands of acres for the cause of education in the coun- ties and for a state university. When Texas entered the Union, unlike the other States, she retained full control of all her public domain. Since that time she has used her lands to encourage railroad building, manufacturing en- terprises, irrigation projects, in making rivers navigable, and for building the State Capitol. Best of all, she has given 52,000,000 acres, or approximately one-third the present area of the State for the cause of education. It was her intention that all the counties should receive the same amount of land for their common school fund, but several have received no land. Texas Land Measure As the public domain be- longed originally to Spain, it came to pass that Spanish land measures were used in the earliest grants and sur- veys. In place of feet and miles the Spaniards used varas and leagues. When Texas became a republic the vara was continued as the unit in measuring lands. The vara in Texas is equal to 331-3 inches and the league to 2.63 miles. The law requires the use of the Spanish measures by surveyors in their field notes. le }- e dl ta ed he h ue i] = a description of it, as best he could, with this Land Of- fice. Of course there was much overlapping of claims which has led to many law suits, some of which are stil} in progress. Re- membering that nearly all the land of our State was a part of the public domain and passed jfrom the State to private individuals in the form of land grants, the im- |portance of the Commissioner of the General Land Office is apparent. He keeps a register and description of all land titles that have emanated from the State, and a rec- ord of all land certifi- cates and patents. He countersigns all land {i |Patents signed by the governor and issued in the name and by the authority of the State to purchasers of State lands. He caus- jes the lands belong- ing to the State to be a CIVICS: TEXAS AND FEDERAL Land Certificate Issued by the Republic of Texas. The General Land Office. 73 Commissioner of the General Land Office On De- cember 22, 1836, a general land office was established. Each claimant of public land located his land and filed 74 CIVICS: TEXAS AND FEDERAL surveyed and mapped. He represents the State in ad- justing conflicting land claims, where some private party claims land that he thinks belongs to the State; and he secures, through the courts, the forfeiture ' of spurious and annulled land claims. He reports an- nually to the governor the condition of the General Land Office, with a detailed statement of all moneys received and paid out by it. THOUGHT QUESTIONS 1. Define public domain. 2. What advantage has Texas over any other State in the Union in the matter of public domain? 3. acs it a wise policy for Texas to sell her lands at a low rice! R 4, What is meant by Spanish grants? 5. Are Texas land titles good? 6. What system of land measurement prevails in Central, South, and East Texas? What is meant by agricultural lands? Grazing lands? Mineral lands? 8. Does Texas now dispose of the mineral rights when she sells her mineral lands by the section? 9. Is Texas justifiable in her action in disposing of min- eral lands? 10. What are the “school lands?” CHAPTER XII THE JUDICIAL BRANCH The State Judiciary This is composed of many courts, divided into groups known respectively as the higher courts and the lower courts. The higher courts are the Supreme Court, the Court of Criminal Appeals, and eight courts of civil appeals. The lower courts are the district courts, county courts, commissioners’ courts, municipal or corporation courts, and justice of the peace courts. The Legislature may establish other courts if deemed necessary, and may prescribe how they shall be organized, and define their jurisdiction. It has never exercised this power in the establishment of any state courts, other than county courts at law and county crimi- nal district courts. Their establishment was demanded to expedite the trial of cases in congested counties. The Legislature defines their jurisdiction, and where their jurisdiction is in conflict with the county or the district courts heretofore given in the counties involved, the jurisdiction is taken from the county or the district courts. Qualifications of Judges. In order to be eligible to the position of judge of any of the higher courts one must possess the following qualifications: a. He must be a male citizen of the United States and of Texas. b. He must be at least thirty years of age. c. He must have been a practicing lawyer or judge of a court in Texas for at least seven years. pate In order to be eligible to the office of district judge one must possess the following qualifications: a. He must be a male citizen of the United States and of Texas. b. He must have been a practicing lawyer or judge of a court in Texas for at least four years immediately preceding his election. : 4 c. He must have been a resident of his district for at least two years immediately preceding his election, 7. 5 76 CIVICS: DEXASTAND PEDERAL In order to be eligible to a county judgeship one must possess the following qualifications : a. He must be a male citizen of the United States and of Texas. b. He must be a resident voter of his county. ce. He must be well informed in the laws of Texas. The Supreme Court This court heads the judiciary system of the State. It consists of a chief justice and two associate justices, each of whom is elected for six years by the qualified voters of the State. The term of office of one justice expires every two years. The jus- tices. receive a salary of $5,000 a year. This court is in session at Austin from October to June of each year. It is the court of last appeal for all cases involving civil and constitutional law, but it does not hear appeals in cases involving only criminal law. The Court of Criminal Appeals. -This court consists of a chief justice and two associate judges, each of whom is elected for six years by the qualified voters of the State. The term of office of one of them expires every two years. Each of them receives a salary of $4,000 a year. This is the last court to which anyone convicted of a crime under the laws of the State can ap- peal. This court sits at Austin from October to June of each year. The Courts of Civil Appeals The State is divided into nine supreme judicial districts. In each of them there is a court of civil appeals, located so as to be con- venient for the people of its district. These courts meet at the following places: EMS te DISERLCtEMs Tsoi cis Sees cece hs Galveston. Second Distigictwnes eek. caro ve he ee Fort Worth. siiinG ie DStilcumnPeetaer AAnmiseeices oe AtiStin. HotnthD istrict: cata cn ea cins e. San Antonio. BitnGhe DD 1Stil ChmmeNepe eyes Gils ccise ed a Dallas. Sut e DUSUinl Chameg Perea tia cr ccs Sisisloccvesecs Texarkana. Seventhp District ei ances. ck Amarillo. Bie tithiOiStri Cuma wer ane. whe. cite so: El Paso. INGiaia, IDISUTICE .ocidoo nmeuceteed CONDE Beaumont. CIVICS: TEXAS AND FEDERAL V7 Each court consists of a chief justice and two asso- ciate justices, who are elected for terms of six years by the qualified voters of its supreme judicial district. The term of one judge expires every two years. Vacancies in these courts are filled by appointees of the governor until the next regular election, when judges are elected for the unexpired terms. The judges of the courts of civil appeals receive a salary of $4,000 a year. The courts of civil appeals sit from October to June of each year. They can only hear cases appealed to them from the county courts and the district coufts within their respective supreme judicial districts. Appeals are taken from their decisions to the Supreme Court. Decisions of the Courts of Civil Appeals are final in several classes of cases. Supreme Judicial Districts No. 1 Houston, Madison, Walker, Harris, Grimes, Washing- ton, Waller, Fort Bend, Brazoria, Matagorda, Wharton, Colo- rado, Austin, Fayette, Lavaca, Jackson, Anderson, Chambers, Brazos, Leon, Burleson, DeWitt, Galveston, Willacy and Trinity. No. 2. Wichita, Cooke, Montague, Clay, Archer, Baylor, Knox, Stonewall, Haskell, Throckmorton, Young, Jack, Wise, Denton, Tarrant, Parker, Palo Pinto, Stephens, Shackelford, Jones, Mitchell, Nolan, Taylor, Callahan, Bosque, Eastland, Erath, Hood, Somervell, Comanche, Johnson, Dawson, Howard and Scurry. No. 3. Runnels, Coleman, Brown, Mills, Hamilton, Coryell, Bell, Lampasas, San Saba, McCulloch, Concho, Llano, Burnet, Williamson, Milam, Lee, Bastrop, Travis, Blanco, Hayes, Comal, Caldwell, Robertson, McLennan, Falls, Sterling, Coke, Tom Green, Irion, Schleicher and Crockett. No. 4.-Val Verde, Sutton, Edwards, Kinney, Maverick, Men- ard, Kimble, Kerr, Bandera, Uvalde, Zavala, Dimmit, Webb, La Salle, Frio, Medina, Duval, McMullen, Atascosa, Bexar, Kendall, Gillespie, Mason, Guadalupe, Wilson, Live Oak, Za- pata, Bee, Gonzales, Karnes, Calhoun, Victoria, Goliad, Refugio, San Patricio, Aransas, Nueces, Hidalgo, Cameron, Starr, Jim Hogg, Real, Brooks, Jim Wells and Kleberg. No. 5. Grayson, Collin, Dallas, Rockwall, Ellis, Navarro, Kaufman, Henderson, Van Zandt, Raines, Hunt, Hill, Limestone, Freestone, Wood and Delta. No. 6 Lamar, Red River, Bowie, Hopkins, Franklin, Titus, 78 CIVICS: TEXAS AND FEDERAL Morris, Cass, Marion, Camp, Fannin, Cherokee, Gregg, Harri- son, Panola, Smith, Upshur and Rusk. No. 7 Dallam, Sherman, Hansford, Ochiltree, Lipscomb, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randell, Armstrong, Don- ley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Chil- dress, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Foard, Harde- man, Wilbarger, King, Dickens, Crosby, Lubbock, Hockley, Cochran, Yoakum, Terry, Lynn, Garza, Kent and Fisher. No. 8. Gaines, Borden, Andrews, Martin, Loving, Winkler, Midland, Glasscock, Reeves, Ward, Crane, Upton, Reagan, Ter- rell, Pecos, Brewster, Presidio, Jeff Davis, El Paso, Ector, Cul- berson and Hudspeth. No. 9. Shelby, Panola, Nacogdoches, Angelina, San Jacinto, Montgomery, Liberty, Jefferson, Orange, Hardin, Newton, Jas- per, Tyler, Polk, Sabine, San Augustine. Removal of Judges by Address. A judge of any of the higher courts, guilty of offenses less serious than those for which he can be impeached, such as willful neg- lect of duty, incompetency, habitual drunkenness, or of oppression in office, is removed from office by address, To do this both branches of the Legislature, by a two- thirds vote, must pass a resolution, or address, to the governor stating the cause for the removal. The gov- ernor will then appoint his successor to serve until the position is filled by election. The Supreme Court may remove any district judge for the same causes. Be- fore a judge is removed by address, or by the Supreme Court, he must be given notice of the proposed action, and must be given a hearing at which he is entitled to all the privileges usually accorded a defendant in crim- inal trials. The District Courts In 1918 Texas had eighty- five district courts. Each is presided over by a judge elected by the voters of his district for a term of four years. The salary of a district judge is $3,000 a year. CIVICS: TEXAS AND FEDERAL vas) Should a district judge remove his residence from his district his office becomes vacant and is filled by the governor. He must hold at least two terms of his court annually, in each county in his district. District courts have jurisdiction in civil cases, such as land suits, di- vorce cases, slander and libel cases, and in cases in which the amount of money involved is more than $1000. They also hear criminal cases of the grade of felonies, i.e., punishable by death or imprisonment in the peni- tentiary. They try suits in which the State seeks to recover penalties, forfeitures, etc. They try city and county officials for misconduct in office. They settle all contested elections of county officers. They hear appeals from the county courts in their districts in pro- bate matters. County Courts. There is one county court in each organized county, presided over by the county judge, who holds office for two years and receives as a com- pensation for his services such fees and perquisites as the law allows. He must hold his court quarterly at the county seat, and oftener if the commissioners’ court or- ders him to do so. Should a vacancy occur in the coun- ty court it is filled by the commissioners’ court. The county court has jurisdiction in civil cases as follows: a. All cases involving amounts between $200 and $500, ex- clusive of interest. This does not include suits for the enforce- ment of liens upon lands. Such cases must be tried in the dis- trict court. In cases involving amounts from $500 to $1,000, the county court has concurrent jurisdiction with the district courts. c. In all cases appealed from the justice of peace courts. d. In all probate matters. e. In all proceedings in the exercise of the right of eminent domain to condemn property for public purposes. It has jurisdiction in criminal cases as follows: a. All cases appealed from justice of peace courts. b. All cases of misdemeanors, i.e., petty offenses punishable by fine, sentence to jail, or to work on the roads. Appeals from a county court are taken, in civil cases, 89 CIVICS: TEXAS AND FEDERAL to the court of civil appeals of its supreme judicial dis- trict; in criminal cases, to the Court of Criminal Ap- peals; and in probate matters to the district court for that county. County courts have final jurisdiction in civil cases involving less than one hundred dollars. The County Judge as Probate Judge. When a per- son owning property dies the law provides for the set: tlement of his estate. If he left a will, i. e., a document properly drawn stating to whom he wishes his property to go after his death, this will is probated or “proved,” before the county judge. If he left no will then the county judge appoints some one, called an administrator, to settle his estate under the direction of his court. He requires of the executors of wills and administrators ot estates that come under his jurisdiction a strict account- ing for their acts, and attends personally to the settle- ment, partition, and distribution of these estates. He appoints guardians for the children to whom property is left by the death of a parent. These must administer this property for the children’s benefit until they reach the le- gal age, i. e., twenty-one years. He also appoints guard- ians for idiots, lunatics, and common drunkards pos- sessed of property, in order that their property may be cared for properly. Justice of the Peace Courts. Each organized county is divided into not less than four nor more than eight justice precincts, from each of which one justice of the peace is elected by the qualified voters. If a precinct has within it a city of 8000 or more inhabitants it must elect two justices of the peace. A justice of the peace must be a qualified voter of his precinct and serves for two years. A vacancy in this office is filled by the com- missioners’ court. A justice of the peace is entitled to such fees as the law prescribes. He holds a session once a month to try civil cases. At all times he must be CIVICS: TEXAS AND FEDERAL 81 ready to try criminal cases, and also to hold the examin- ing trials of those accused of felonies. Examining trials are to determine whether the accused person shall be held under ‘arrest to await the action of the grand jury, and if so, whether the charge against him is bail- able, and what amount of bail shall be demanded before releasing him from custody. Each justice of the peace has a constable in his precinct to execute the commands of his court, just as the sheriff does those of the com- - missioners’ court and the district court. Justice of the peace courts have jurisdiction as follows: a. In criminal cases when the fine may not be more than $200. b. In civil cases in which the amount in controversy is not more than $200, not including interest, except that suit for pay- ment of a vendor’s lien note cannot be brought in this court even though the amount in controversy may be less than $200. Any one to be tried for a crime or misdemeanor may demand a jury of six persons; or either of the parties to a civil suit may demand a jury of six persons, upon the pavmient of three dollars. All criminal cases, and civil cases where the amount in dispute is more than twenty dollars, may be appealed to the county court. Who Represents the State In the county and justice of the peace courts the State is represented by the coun- ty attorney. In some judicial districts district attorneys are ejected by the voters of the entire district to repre- sent the State in the district courts, but districts seldom elect district attorneys unless they are composed of sev- eral counties. If they do not elect a district attorney then the county attorneys represent the State in the dis- trict court when it meets in their respective counties. There are seventy-three judicial district courts in Texas, but in many instances one district attorney represents the State in several of them, as is the case of the four district courts in Bexar County. In the Supreme Court, Court of Criminal Appeals, and the courts of civil ap- 82 CIVICS: TEXAS AND FEDERAL peals, the State is represented by the attorney general | and his assistants. | Clerks of the Courts. Courts in which complete rec- ords of all proceedings, orders, and findings are kept by a clerk, and in which all formal documents are issued under seal, are called courts of record. _A copy of the record of a case in a court is called a transcript. The records of a court are kept by a court attendant, called the clerk cf the court. All the higher courts appoint their clerks, and can remove them for failure to dis- charge the duties of their office. The terms of office | of the clerks of the Supreme Court and the Court of © Criminal Appeals is four years, and of the clerks of the courts of civil appeals is two years. The clerks of the district courts and county courts are elected by the quali- fied voters in their respective districts or counties at the general election, and serve for two years. THOUGHT QUESTIONS J. What are the two classes of Texas courts? 2. How many judges must concur to secure a decision when the court consists of three judges? 3. What is meant by original jurisdiction? Appellate juris- diction? Exclusive jurisdiction? Concurrent jurisdiction? 4. Under what conditions can a criminal case be carried to the Supreme Court? 5. How many courts of civil appeals has Texas? 6. Have courts of civil appeals any original jurisdiction? 7. May a county have more than one district court? 8. What court tries felony cases? 9. What court tries cases of malfeasance in office? 10. What court tries land cases? 11. What court has jurisdiction over probate matters? 12. What court has jurisdiction over election contests? 13. Explain the terms probate judge, administrator, guardian, probated will, estate partition. 14. What is meant by an examining trial? Bailable case? 15. What is a misdemeanor? A felony? Give an example of each. 16. What is assault? Burglary? Arson? Robbery? High- way robbery? Manslaughter? Murder? Assassination? 17. What is a court of record? A transcript? Oe CHAPTER XII THE WORK OF THE COURTS The Jury System. Going back in English history we find that whenever a death occurred under suspicious circumstances it was the duty of an officer called the coroner, or crowner, because he was originally appoint- ed by the king and was his direct representative in the county, to investigate the cause of death. In this work he was assisted by twelve jurors, i. e., sworn men chosen by him. If there was evidence of a crime having been committed the coroner could have the person charged with it arrested and brought to trial. This was the ori- gin of our jury system, which now includes two dis- tinct kinds of juries grand juries and petit (pét’y) juries. The Grand Jury. This consists of twelve men who are intelligent and able to read and- write, and of good reputation, and who have never been convicted of any felony, or been under any indictment or other legal ac- cusation for theft or for a felony, and who are qualified voters and freeholders. They are selected’ by jury com- missioners appointed by the district judge. They are required to take the following oath, which is adminis- tered by the judge or the clerk of the court: “You solemnly swear that you will diligently inauire into and true presentment make of all such matters and things as shall be given you in charge; the State’s counsel, your fellow’s and your own you shall keep secret, unless required to disclose the same in the course of judicial proceedings in which the truth or falsity of evidence given in the Grand Jury Room in a criminal case shall be under investigation. You shall present no person from envy, hatred, or malice; neither shall you leave any person unpresented for love, fear, favor, affection, or hope of reward; but you shall present things truly as they are to your knowledge, according to the best of your understanding, i sO help you God.” After the grand jury is sworn, the judge appoints one 83 84 | CIVICS: TEXAS AND FEDERAL of its members foreman and then gives it special in structions for its guidance. In case of some flagrant violation of the law the judge may afterwards call a meeting of the grand jury to receive special instruc- tions with reference to it. The case or cases thus brought to its notice must be acted upon specifically in special sessions and decisions rendered. In ordinary procedure the cases passed upon by the justice of peace courts in preliminary trials, and then held under bail for a grand jury hearing, are disposed of first; next those matters contained in the judge’s instructions are consid- ered; and finally such matters of law violation as are brought to its attention by citizens, or by the prosecut- ing attorney, or that have come to the personal knowl- edge of separate jurors. The sessions are secret, al- though the prosecuting attorney may assist in examin- ing witnesses. All witnesses are placed under oath and thus made subject to penalties that the law prescribes for perjury, i. e., swearing to a lie. The grand jury has the power to commit to jail witnesses who refuse to an- swer questions that are legally proper. Upon the vote of nine grand jurors who believe in the guilt of a person, and who also believe that sufficient evidence is obtain- able to secure his conviction in the trial court, an indict- ment, i. e., a bill charging him with a specific offence, is drawn up and signed by the foreman. All indictments found are presented to the judge in open court. They are then filed by the clerk and warrants are issued for the arrest of those accused. If the indictment charges a crime of felony grade the accused must be tried by a petit jury in the district court. If the crime is of mis- | demeanor grade over which a county court has jurisdic- tion, the indictment is filed with that court in the county where the crime was committed. The Petit Jury. Under the Constitution the Legisla- CIVICS: TEXAS AND FEDERAL 85 ture has the power to regulate the right of trial by jury. Misdemeanors may be prosecuted on indictment, infor- mation, or complaint; but felony cases can be tried only after an indictment by a grand jury, and must be tried by a petit jury, i. e., a jury of twelve men, who should be free from prejudice and carefully chosen so as to safeguard all the rights of the accused and of the State. In Criminal Cases. In all criminal cases in all the trial courts of Texas, whether city, county, or State, the one accused has the right of a trial by jury. He also has the right of a lawyer to defend him, and to compel the attendance of all necessary witnesses. If he is in poverty this right will be accorded him at public ex- pense. In misdemeanor cases he may waive his right to a jury trial, and submit his case to the judge. In felony cases the jury trial can not be dispensed with, even at his request. Should he plead guilty the plea must go to the jury and a written verdict of “guilty” must be re- turned by that body. A petit jury in criminal cases can find only two verdicts “guilty” or “not guilty.” Either verdict must be by unanimous vote of the jurors. If the jurymen can not agree upon a verdict, the jury is dis- missed by the judge and a new trial is ordered. If the verdict be “guilty” the judge then, or at some future time, pronounces sentence upon the person tried. In misdemeanor cases that are punishable with fines the convicted person has the costs of trying the case added to the fine assessed, and if he can not pay this amount he is sent to jail for a specified length of time, or is required to work for the county until the fine and costs are paid by his work. In this way many counties keep their roads in repair. The Right of Appeal. If the convicted person thinks that the trial was unfair in any material way, he may ask the court for a new trial. Ifa new trial is re- RO CIVICS: TEXAS AND FEDERAL fused he may then appeal his case to the Court of Crimi- nal Appeals. If the court affirms the judgment of the lower court its decision is final and the sentence of the judge becomes effective. But if the Court of Criminal Appeals reverses the decision of the lower court it may dismiss the case, or it may remand it to the original trial court for a new trial. The State has no appeal in crimi- nal cases, though the verdict of “not guilty” may have been flagrantly at variance with the law and evidence as produced in court. Even if the jury was bribed to return a verdict of “not guilty,” the acquittal must stand. In Civil Cases. In suits and other civil cases, the party who brings the case is called the plaintiff, and the one against whom it is brought is called the defendant. In all civil cases in the district court the defendant has the right of a jury trial upon the payment of five dollars, and in the county courts or justice of the peace courts, upon the payment of three dollars. If he is in poverty, a jury trial must be accorded him without charge. The plaintiff in civil cases may also demand a jury trial un- der the same conditions. In such cases the judge or the jury decides whether the plaintiff is right in his claim, and if so, renders judgment in his favor, determining what his redress shall be. The party losing a civil case must pay all the costs of the trial. Appeals may be taken by either party to the next higher court that has jurisdiction over civil cases. THOUGHT QUESTIONS 1. What is the coroner’s duty now? Does he ever summon a jury? 2. Explain the terms indictment, plaintiff, defendant, warrant. 3. Is every false statement of a witness under oath perjury? 4. Does a plea of guilty by one on trial end the trial? 5. What is a confession? 6. Find out who may be chosen to serve on the jury. 7. Trace a civil case on appeal from the lowest court to the highest. CHAPTER XIV SOME POWERS OF JUDGES AND COURTS. Contempt of Court Each court has power to punish any person guilty of its contempt as follows: Justice of the Peace Courts Fine not to exceed $25; im- prisonment not to exceed one day. County Courts Fine not to exceed $100; imprisonment not to exceed three days. District Courts Fine not to exceed $100; imprisonmeré not to exceed three days. Civil Courts of Appeal Fine not to exceed $1,000; imprison- ment not to exceed twenty days. Criminal Court of Appeals. Fine not to exceed $1,000; im- prisonment not to exceed twenty days. Supreme Court. Fine not to exceed $1,000; imprisonment not to exceed twenty days. One may come in contempt by failure to obey the pro- cesses and writs of the court, or by contemptuous lan- guage used in its presence, or by public criticism of its decisions while cases are pending before it. Writs Each court has power to issue all writs nec- essary to the enforcement of its jurisdiction. Writs are written orders, directing or commanding something to be done or not to be done. Writs that are intended to correct or remedy a state of facts not consistent with law ’ or justice are called remedial writs. Writs issuing from justice of the peace courts are served by constables. Those issuing from higher courts are served by sheriffs and their deputies. : Remedial Writs. The principal remedial writs are as follows: a. Habeas Corpus. This is the oldest writ we have. From 1215, when the barons and common people wrung from King -Jchn in the Runnymede Meadows, on the banks of the Thames River, the Magna Charta (kar’ta), it has been a principle of English law that a prisoner could demand from a court this writ. It compels those restraining his liberty to produce him before the court, so that it may determine whether he is being re trained illegally, Wherever Englishmen have established 87 88 CIVICS: TEXAS AND FEDERAL colonies they have established the writ of habeas corpus, as the basis of their personal liberty laws. b. Mandamus. A writ commanding some specific act of obedience on the part of a person, corporation, or inferior court. c. Injunction A writ that prohibits a person or corporation from doing some specific act. The granting of injunctions, al- leged to have been unnecessary, has brought much criticism on the courts; and efforts are being made in Congress, as well as in the States, to curtail this power of judges. There are two kinds of injunctions temporary and permanent. A temporary in- junction is one issued to prevent an act from being done, until the court can hear both parties, when the injui.ction may either be made permanent or be removed. d. Attachment A writ commanding the taking into custody of the law of some person or his property. e. Garnishment A writ commanding a third party to appear in court and show what effects are in his possession, or what amount he is indebted to a defendant. f, Execution A writ to put in force a sentence that has been imposed, to put into effect a decision in some civil case. g. Sequestration A writ authorizing taking into custody of the court real and personal property in possession of a de- fendant, pending litigation, and holding it until the rights thereto are determined by the court. h. Supersedeas A writ containing a command to an in- ferior court to stay the proceedings in a specific case, until it can be heard by the higher court. i. Quo warranto A writ commanding an officer, or other person, or corporation, to show by what authority an office or claim is held, or a power exercised. j. Certiorari (stir shi dra’ri) A writ directing an inferior court to certify the record of a case tried before it to a higher court for judicial review. Other Writs. Other writs that may issue from a court are as follows: a. Writ of Arrest When a person wishes to have any one arrested for some offence he goes before a court and swears to the charge. Then the court issues a writ commanding the arrest of the person accused. Arrests can be made by police- men only. within their cities, but by sheriffs and their deputies anywhere within the county. If the accused escapes without the State he can only be arrested by the officers of the State where he may be. The governor of Texas will then make a request of the governor of the other State that he be returned to Texas for trial. This is called a requisition and is usually honored. b. Writ of Election A writ ordering an election for a cer- tain purpose, on a certain day, and at specified places. c. Subpoena (pé/nd). This writ commands the appearance \ CIVICS: TEXAS AND FEDERAL 89 of a person at court, on a particular day, to testify in some case to be tried at that time, or to qualify as a juror. rf : Marriages. Before two people can be married in accordance with Texas statutes, they must secure a li- cense from the county clerk. This license can not be granted when the male is under sixteen years of age and the female under fourteen years of age. Males under twenty-one years and females under eighteen years must have the written consent of their parents, or guardians, before the county clerk will issue a license. If he is in doubt as to the applicants being of sufficient age he may demand a certificate from the parents or guardians stat- ing their age. After the license is procured the marriage ceremony may be performed by.a judge of any of the lower courts or by a mayor. All regular licensed or or- dained ministers of the Gospel, and Jewish rabbis may also perform the ceremony. THOUGHT QUESTIONS 1. What ‘s contempt of court? Illustrate. 2. What is meant by an examining trial before a justice of the peace? 3. If a person accused of a crime is released after an ex- amining trial, can he be indicted and tried for the offense after- ward? 4. What is a remedial writ? 5. If an accused person is released under a habeas corpus trial, is he thereby deemed innocent? Explain a mandamus proceeding. 7. Can a person be mandamused to do, as well as not to do, a specific act? 8. What is the objection to having a writ of injunction granted by a judge whose court is in another part of the State? Can wages due a workman be garnisheed for debt? 10. Under what circumstances can a sheriff arrest a person without a warrant? 11. Under what circumstances can a private citizen arrest a person? 12. What is a requisition? 13. Under what circumstances is a governor justified in re- fusing to grant requisition papers? 14. Can a man be punished for not appearing at court after % subpoena has been served upon him? CHAPTER XV PARTY ORGANIZATION Origin of Political Parties. Political parties are the natural outgrowth of popular suffrage. Every good citizen desires the wisest solution of all public questions. This desire brings about the agitation and discussion ot such questions. These discussions tend to educate #!! and to cause persons of similar views to associate t’ gether to secure laws in accordance with their views. A fermai union of all persons who hold similar views on certain public questions constitutes a party. In most govern- ments at least two views as to the uature of the govern- ment are found to exist. One view is in support of as strong a central government as is consistent with local and individual interests; the other view is in support of as great liberty in local affairs as is consistent with the unity and safety of the general government. The advo- cates of these respective views constitute the two great parties of modern nations. In the United Stetes these parties are known as Republican and Democratic re- spectively. A compromise between the views of these parties gives reasonable satisfaction to the miasses, so the two great parties in our State and in our Nation, by mutual concessions, have yiven us a safe and conserva- tively progressive government. If popular demands are not recognized by either of these great parties, a third party comes into existenve to incorporate those demands into laws. When the mission of this third party is ac- complished, it either becomes disorganized and ceases to exist, or it takes tne place of one of the other parties. How a Party is Organized.- In order to have perma- nent success at the polls a party must have a permanent organization, The better this organizaticu is the more 99 CIVICS: TEXAS AND FEDERAL 91 successful the party will be. It is largely due to its close organization that “Tammany Hall,” as the Democratic party in New York City is called, is able to control not only local politics, but frequently the State at large. The strength of a party rests in its permanent commit- tees. Each party has a national committee for the coun- try at large, a state committee for each State, and also committees for each county, city, and town. A few months before an election is to take place these commit- tees call primaries, that is, they summon the qualified voters of their party to meet on a specified day at the voting places in their respective wards or precincts to choose delegates to attend the state convention, or the county convention, as the case may be. These commit- tees make all the rules governing the holding of the primaries, determine the number and the distribution of the delegates, and decide between contesting delegates. These delegates are supposed to do the will of the voters who chose them as their representatives. It is very im- portant that every voter vote in the primary of his party, because if his party happens to be strong enough to win at the regular election, this will be his only chance to help place honest, well qualified men in office. When the general election is held, if he votes his party’s ticket, he will have to vote for the candidates that were nomi: uated in the convention. A Nominating Convention In Texas the conventions are generally held in the months of July and August fol- lowing the primaries. On the day set by the committee the delegates assemble at some city chosen for the pur- pose. If it is a state convention there will be hundreds of delegates representing every section of the State, the larger places having more of them than the smaller ones do. This convention will be called to order by the chair- man of the executive committee, temporary officers oT 92 CIVICS: TEXAS AND FEDERAL will be chosen, and various committees will be appointed to prepare resolutions and to report on various matters to the convention. Prominent members of'the party wiil make speeches, and there will be much enthusiasm and frequently disagreement as to party policy. Finally, after the other business has been disposed of, the delegates will proceed to nominate men for the different offices. Often many ballots are required before any one man secures the necessary number of votes to be nominated for a particular office. Before adjourning, the conven- tion will select a new permanent committee to serve un- til the organization of the next convention. In con- ventions like this, delegates to higher conventions are chosen, county and state officers are nominated, and party principles and policies are decided upon. In Texas, the Democratic party chooses all its candidates for of- fice, and passes upon all party questions, in a primary. Later the delegates to the state convention, by their bal- lots, register the will of their party as expressed in the primary. It is because of this that we know as soon as the primary is concluded who the Democratic candidates are to be. Such a primary is conducted like a general election, and is regulated by law. THOUGHT QUESTIONS 1. What is meant by a political party? 2. What two political parties have existed from the foun- dation of our government? ’ 3. What two men were the formulators of the doctrines of these two parties? 4. On what two points have these parties always differed? 5. State what you can about party organization. 6. What is meant by a party primary? A primary election? 7. Does a party primary election in Texas have most of the safeguards of a regular election? What is meant by a presidential year? 9. Trace the procedure of the Democratic Party in Texas from the presidential primary convention to the national presi- dential nominating convention. CHAPTER XVI SUFFRAGE Importance of Suffrage. Suffrage, or the right to vote, is the most cherished and the most important of all civil rights. The abridgement of this right in Texas after the Civil War was the source of many of the evils of that period. A majority of the best qualified voters were disfranchised because they had fought in the Con- federate Army, and the right to vote was suddenly ex- tended to the enfranchised slaves. During the “Recon- struction Period” many of the worthiest citizens of Texas were not permitted to hold office because they could not conscientiously subscribe to the “Iron Clad Oath,” which was as follows: “T do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hos- tility thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever under any authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, au- thority, power, or constitution within the United States hostile thereto, and I do further swear that, to the best of my ability, I will defend and support the Constitution of the United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully perform the duties of the office on which I am about to enter, so help me God.” The voter’s oath was similar to the above. When suf- frage is restricted to intelligent, patriotic citizens the State conserves its best interests. When it is extended to illiterate and unthinking citizens, if they be very numerous, the State endangers its institutions propor- tionately. If it were possible to do so, the right to. vote should be restricted to the intelligent and up- right citizen, who would never fail to cast his vote in the GS 94 CIVICS: TEXAS AND FEDERAL best interest of his community, and state, and nation, unbiased by party claims or personal solicitation. Any attempt to influence a voter at the polls should be re- sented by him as a reflection on his intelligence or on his integrity. Qualifications of Voters Under the Constitution of the United States the qualifications of voters are left to the determination of the several States, subject only to the provisions of the Fifteenth Amendment to the Con- stitution, which declares that no person who would oth- erwise be eligible to vote shall be deprived of the right “on account of race, color, or previous condition of servitude.” This amendment was made purposely to give to negroes the right to vote. It was a dangerous expedient that sought to protect the negro in his new- born civil rights; for experience has shown that he has often been used by demagogues to maintain their polit- ical machines against the best interests of the people at large. The Fourteenth Amendment to the Constitution has an indirect influence on suffrage, as. it enables Con- gress to deprive a State of a part of its representation in Congress, in the ratio which the number of male citi- zens of voting age deprived of suffrage bears to the whole number of male citizens that have reached the age of twenty-one. Were it not for this amendment many men could be disfranchised by States on an educational, or on a property basis. Suffrage in Bond Elections In Texas and in several other States only resident taxpaying voters can vote in a municipal election to authorize bonds, or to determine the expenditure of money. Woman Suffrage tIn most States only male citizens are allowed to vote, but in California, Colorado, Utah, Washington, Arizona, Kansas, Oregon, Wyoming, Ne- vada, Idaho and New York women have been given suf- CIVICS! TEXAS AND FEDERAL 95 frage and can vote in all State elections. They are also eligible to hold office, and have even been candidates for the offices of governor and congressman, though as yet only one has been elected to either of them. A few other States grant to women municipal suffrage and the right to hold office, even though they do not enjoy stats suf- frage. In Texas, women are eligible to certain offices, and can vote in primaries. In twenty-nine States women can vote in school elections. In Iowa, Louisiana, Michi- gan, Minnesota and Montana they can vote on tax ques- tions, provided they are taxpayers. Foreign Born Citizens. Chinamen, Sandwich Islanu~ ' ers and Burmese can not vote in any State, for they can not take the initial steps towards naturalization. They are prohibited by Act of Congress from taking out “in- tention papers,” and no foreigner can vote in any State, until he signifies his intention of becoming a citizen of this country by taking out these papers. But descend- ants of these people, born in the United States, having proper qualifications to vote in the State of their resi- dence, can vote in that State, if their parents make this country their home; thus, a Chinaman, born in San Francisco, whose parents live in the United States but are still citizens of China, can vote in California. Poll Tax Receipts Necessary No one in Texas against whom a poll tax is assessed is allowed to vote, unless he has a poll tax receipt valid for that year. The receipt must show the tax to have been paid before the first day of February in the year in which he offers to vote. A poll tax is assessed only against those qualified to vote. Voters over 60 years of age, or who have lost a hand or foot, or who are deaf and dumb or blind, are exempt from a poll tax, but they must have properly signed exemption certificates before they can vote. Who May Become Voters. People born in the United 96 CIVICS: TEXAS AND FEDERAL + States, or in foreign countries, if their parents are citi- zens of the United States, who move to Texas, may vote if they possess the following qualifications : Bp Must be twenty-one years of age. b. Reside in Texas one year next preceding the date of elec- tion; in the county six months next preceding the date of election. c. Must have a receipt showing that the poll tax was paid before the first of February of ‘that year, or an exemption certificate. People born in foreign countries of foreign parentage, who come to Texas, may vote if they possess the follow- ing qualifications : 1. Twenty-one years of age. 2. Possess “declaration of intention papers” under the United States naturalization laws, issued at least six months before the date of election. 3. Reside in Texas one year next preceding the date of election; in his county six months next preceding the date of election. S 4. Must have a receipt showing that the poll tax was paid before the first day of February of that year, or an cxemption certificate. 4 Disqualifications for Suffrage Under the laws of Texas suffrage is refused to certain citizens, 2cca-se of the following disqualifications : a. Idiocy and lunacy. b. County support as a pauper. c. During term of service in United States Army or Navy. d. Participation in a duel as principa! or accessory. e. Conviction of bribery, or of attempt at bribery. f. Conviction of perjury, forgery, or other high crimes. THOUGHT QUUSTIONS. 1. Define suffrage. 2. Who can vote in Texas? 3. Who cannot vote in Texas? 4. Why was it impossible for many of the worthiest Texans to take the iron-clad oath? 5. Upon what grounds should suffrage be restricted? 6. Debate: Should women be allowed to vote? 7. How soon may an adult foreigner vote after landing in Texas? »UTE.- Woman Suffrage, Texas Constitutional Amendment, will be voted on May 24, 1919, CHAPTER XVII ELECTIONS When Held. General elections are held biennially on the first Tuesday after the first Monday in November in every even year. The polls are kept open from eight o'clock in the morning until six o’clock in the evening. Where Held. For election purposes the commission- ers’ court divides the county into a convenient number of election districts, called precincts, and numbers them. The same court appoints a presiding judge for each pre- cinct to preside at all elections during the two years’ term for which he was appointed. If this judge fails to appear at the time for the polls to be thrown open, the assembled voters may select from their number a pre- siding officer. The presiding judge appoints two judges and two clerks to assist in receiving and counting the ballots. These judges are selected from different polit- ical parties if practicable. Each of these election officers must be a qualified voter. In Texas all voting must be done by secret ballot. Incorporated cities are divided into districts called wards. A ward constitutes an elec- tion precinct. The ballot is made secret in cities by al- lowing no electioneering or loitering within one hundred feet of the place of voting; and by erecting booths in which the voters may prepare their ballots privately. VY Registration of Voters In many States all persons who wish to vote at a coming election must register their names before the election, showing where they live and proving that they have a right to vote. After reg- istration one can only vote at the polling place in the precinct, or voting district, where he lives. This reg- istration prevents dishonest voters from voting in more 97 CIVICS: TEXAS AND FEDERAL than one precinct. In villages and rural precincts regis- tration is unnecessary because the election officers will know personally all the voters. Poll tax receipts and ex- emption certificates render registration unnecessary in the cities of Texas. How the Election is Held.- -When a citizen wishes to vote he goes to the polling place in his precinct where he presents his poll tax receipt or exemption certificate to a clerk, who records the vote on a list of the qualified Voting in the Democratic Primary Election, July 27, 1912. voters of that precinct. This make it impossible for a dishonest man to “repeat” or vote twice, and prevents what is often termed “stuffing the ballot box.” Then the presiding election officer takes a folded ballot and gives it to him. The voter retires to a booth and ar- ranges his ballot by marking it to indicate the names of the candidates that he desires to vote for, refolds the bal- li CIVICS: TEXAS AND FEDERAL 99 lot and returns it to the judges, who number it and de- posit in the ballot box. At the request of an illiterate vot- er, one of the judges will enter the booth with him, read the ballot to him, and show him how to vote his choice. When the hour for closing the polls arrives the ballots are taken from the ballot box by the judge of the election, and the votes are counted. As the ballots are counted they are placed in another locked ballot box. After all the votes have been counted the box containing the bailots, together with a poll tally list, is sealed and returned to the county clerk within ten days. The ballots are kept one year, unless legally demanded in election contest cases. After the vote is counted, “returns” are made tc the county judge, and he in turn makes returns to the secretary of state, if it be an election for state or national officers. The results of the election are officially declared by the officials to whom the “returns” are final- ly made. How any voter casts his vote can only be de- termined by comparing the number on the ballot with the same number on the list of voters. This can be done only by the officers of the election when counting the ballots, and to do it is a criminal offense. _ The Australian Ballot In the cities of Texas, as well as in most States, the Australian ballot is used. It is so- called because it originated in Australia. In this ballot there is a column for the candidates of each party, so that there can be no confusing the voter as to who the candidates of a particular party are. Sample ballots are posted before the election so that all may be familiar with them and know who the candidates are. Recently the use of voting machines has been made lawful in many States and it is probable that one of these days we shall register our vote on the same principle on which a cash register operates. Canvassing the Election Returns. The commission- - - OFFICIAL BALLOT If. CIVICS: TEXAS AND FEDERAL AN AUSTRALIAN BALLOT. This Ballot Was Used in the General Election of 1910. The Voter Drew a Line Through the Ticket or the Names He Rejected, and Left His Choice Unmarked. If None of the Candidates Were Satisfactory He Wrote Other Names in the Right Hand Column. CIVICS: TEXAS AND FEDERAL 101 Courtesy of Empire Voting Machine Company. A VOTING MACHINE, Before the Man Can Unlock the Keys to Register His Vote He Must Close the Curtains. The Man in the Picture is About to do it. With These Ma- chines the Ballot is Absolutely Secret. ers’ court must convene on the first Monday after an election or as soon after as possible, and canvass all the results in the county, and give a notification of election to all who have been elected to county offices. The votes for state and national offices are listed in dupli- cate, one list being sent to the secretary of state and the other to the county clerk. Within forty days after re- ceiving these returns, the secretary of state, in the pres- ence of the governor and attorney general, must canvass 5 - CIVICS: TEXAS AND FEDERAL | the vote of the entire State, and then the governor de- | livers certificates of election to those legally elected, | Election returns for district offices are made within thirty days by the county judge to another legally des- ignated county judge in the district, who canvasses them | and certifies the result of the election. A tie vote ren- | ders void the election of any official. VOTING WITH A VOTING MACHINE. By Pressing the Lever Marked “Straight Republican Ticket,” the Man Votes for all the Republican Can- didates. By Not Pressing the ‘‘Straight Party” Lever He Can Vote for One Candidate for Each Office, Chosen From Any of the Parties. How a Contest is Settled. Contested elections for county offices are heard by a district judge in the same county ; for the office of district attorney, by the district judge in the county where the certificate of election was issued; for the office of district judge, by the district court in a county adjoining that in which the certificate pill “ee oS CIVICS: TEXAS AND FEDERAL 10u of election was issued ; for the office of chief or associate justice of the Supreme Court or of judge of the Court of Criminal Appeals, by a district court at Austin; for the office of chief justice of the Court of Civil Appeals, or associate justice of any supreme judicial district court, by the district court in the county where the Court of Civil Appeals is sitting. Contest notices in these cases must be served within thirty days after “return day.’’ Contested elections for any of the state offices are settled by a joint session of the Legislature. Who Are Eligible to Office In order to be eligible to hold any county or state office in Texas, one must have resided in the State twelve months, and been a bona fide resident of the county from which he offers him- self as a candidate, for six months. In addition, of course, a man must possess the right of suffrage. Adult women are eligible to a few offices. Disqualifications for Holding Office. Under the laws of Texas citizens are disqualified for holding office for the following causes: a. Conviction of bribery, perjury, forgery, or other high crimes. b. Participation in a duel either as principal or accessory. c. Giving or offering a bribe to secure election or appoint- ment to office. THOUGHT QUESTIONS 1. When are the general elections held? 2. Does a city voter, not under exemption privileges, have to hold two poll tax receipts to vote? 3. Oe name is given to voting districts in a county? In a city! 4. Can persons electioneer near the polls? 5. How may an illiterate voter have his ticket marked to suit his desires as a voter? 6. Give the procedure of a voter after he reaches the polls. 7. To whom are the election returns made? To whom do these officers make returns? 8. What is the result of a tie vote in an election? 9. In what voting precinct do you live? OWAbLER XVIII THE COUNTY Origin of Counties. Nearly two thousand years ago the Island of Britain was conquered by the Angles, Saxons, and Jutes, fierce tribes of sea rovers that came from along the coast of Germany. These tribes moved over to Britain and settled side by side. Each had its leader called the earldorman, or elder man. After’a while the different tribes, as well as the land they occu- pied, came to be called “shires.” The weaker shires were conquered by the stronger ones and combined with them to make little kingdoms, and finally all these king- doms were united, after hard fighting, to form the King- dom of England. Each shire became a “share” in the Kingdom, and it is very interesting to know that these “shares” were for hundreds of years almost as inde- pendent as are the different States belonging to the United States. After the French invaded England and defeated the English army at the Battle of Hastings, William the Conqueror; who was a Frenchman, became King of England. French names were substituted for the old English names and the shires became counties, because they were similar to small districts in France that were governed by officers called “counts.” Ever since that time England has been dividéd into counties, and so it was natural that Englishmen settling in Amer ica should divide the colonies, and later the States, int: counties. Counties in Texas -Our State is divided into 25: counties, but the number of countiés and the boundari: 104 _ ll of each are determined by the Legislature, subject to the following restrictions: a. No new county can be created with an area less than 700 square md.es. b. No county can be reduced to an area less than 700 square miles. c. No new county can be created with a boundary line that will come within twelve miles o* the county seat of any county, from which it may be made ei'ner in whole or in part. The Need of Counties.--The county is the most important division of the S*ate, for through its officials the laws of the State are enforced, the taxes are levied Map of Jefferson County, Showing Commissioners’ Districts. School Districts, and Justices’ of the Peace Precincts.103 CIVICS: TEXAS AND FEDERAL and collected, the elections for state officials are held, the records as to land ownership are kept, etc. By the union of adjoining counties congressional districts are formed for the election of congressmen; representative districts, for the election of state representatives; sen- atorial districts, for the election of state senators; and judicial districts, for the election of various state judges. The county is also divided into as many districts as there are county commissioners; into as many precincts’ as there are justices of the peace; and into as many school districts as are needed for the control of the pub- lic schools. The County Seat Each county must have a capital or county seat. At the county seat there is a building, Harris County Court House, Houston, CIVICS: TEXAS AND FEDERAL 107 called the court house, where the county officials have their offices and where the county records are kept. The district, the county, and the commissioners’ courts must be held at the county seat. The location of a county seat is determined by an election. It may be located at any place within five miles of the geograph- ical center of the county by a majority vote, or at any place more than five miles from the center of the county by a two-thirds vote. Removal of County Seats. County seats may be changed by the qualified voters in an election held for that purpose: a. By a majority vote, if the removal is to be from a place more than five miles from the center of the county to one nearer the center. b. By a two-thirds majority vote, if the removal is to be to a place not nearer the center of the county. An election for the removal of a county seat may be ordered by the county judge, or by the commissioners’ court, as follows: a. On petition of 100 resident voters owning homes in the county, provided it has been established less than ten years. ‘b. On petition of 200 resident voters owning homes in the county, provided it has been established between ten and forty years. c. On petition of a majority of the resident voters who own homes in the county, provided it has been established forty years or more. After an election has been held on the question of moving the county seat no other election can be held for the same purpose within five years. County Elections. The regular county elections are held biennially on the first Tuesday after the first Mon- day in November of each even year. At these elections all the county officials are chosen and they serve for a term of two years. The principal county officials are the county judge, the county commissioners, the sheriff, the treasurer, the assessor, the collector, the attorney, the sur- 193 CIVICS: TEXAS AND FEDERAL veyor, the clerk or recorder, and the superintendent of schools. Each county officer takes the oath prescribed by law, and gives a bond guaranteeing the faithful per- formance of the duties of his office. Vacancies in coun- ty offices are filled by the commissioners’ court. THOUGHT QUESTIONS. What is the county in government? What is the probable derivation of the term county? How many counties are there in Texas? By what authority are counties organized? What must be the minimum area of a new county? Is a Texas county a political unit? How is a county seat determined? Who administers the oath to county officers? What county offices may a woman hold? oo LINIENE ES COON CHAPTER XIX DUTIES OF COUNTY OFFICERS ‘The County Commissioners. Each organized county is divided into four commissioners’ districts. The quali- fied voters of each district elect one of their resident voters as a county commissioner for a term of two years. These four commissioners, together with the county judge, compose the commissioners’ court. The commis- sioners receive a salary of three dollars a day while holding court, but they can not draw pay for holding more than one special term of court each month. Should a vacancy occur in the commissioners’ court it is filled by an appointee of the county judge, until the next regular election, when some one is elected for the unexpired term. The Commissioners’ Court--The county judge pre- sides over the commissioners’ court. This court holds regular terms in the county court house, commencing the second Monday in February, May, August and No- vember, and may hold special sessions at the call of the county judge, or of three commissioners. A quorum consists of the county judge and two commissioners, or of the four commissioners. The commissioners’ court is really the business board of the county. It provides all public buildings; establishes and maintains county roads and builds bridges; provides for the care of pau- pers; divides the county into commissioner, justice, and election precincts; appoints election officers and can- vasses election returns; fills vacancies in all county of- ‘fices; makes contracts and settlements with persons having business with the county; levies all county taxes and acts as a board of equalization; provides for the pro- 109 110 CIVICS: TEXAS AND FEDERAL tection, preservation and disposition of school lands be- longing to the county. The Sheriff. tt is the duty of the sheriff to execute the laws of the State in his county, and in doing so he has almost unlimited power. He appoints as many dep- | uties, or assistants, as are needed, and is responsible for their acts. He attends the commissioners’ court, the county court, and the district court when sitting in his county, and executes all their commands in the form of writs, notices, etc. He serves subpoenas on witnesses and _ jurors. ’ He is responsible for the custody and safe keep- ing of all prisoners arrested by him or his deputies, or turned over to him by constables, city police, and others, It is he who must inflict the death penalty on those sen- tenced to be hanged for murder. He has power to make arrests upon informal information, and also upon a belief that the law is being violated. In enforcing the law and preserving ¢he peace, and in serving writs and processes under hazardous conditions, he may call to his aid any persons, who constitute what is known as his posse, and a refusal to aid him is an offense under the law. When- ever he can not enforce the law and preserve the peace with his own posse, he 7 call on the governor for the aid of the militia. The County Attorney. He is the law officer. of the county and represents the State in the county court and the justice of the peace courts. He must counsel all county officials as to their duties and give them opinions on legal questions arising from the duties of their of- fices. With the consent of, or on the request of, the at- torney general, he may buy or sell property for the State, but the attorney general executes all legal papers in connection with the transaction. He may sell prop- erty bought at public auction, held to satisfy judgments in favor of the county, and the county commissioners’ Se a tg gn ll aa CIVICS: TEXAS AND FEDERAL til court shall execute deeds for it to the purchasers in the name of the county. He must institute proceedings against officers delinquent in their duties, especially with reference to public moneys. He must discharge such other duties pertaining to his office as the statutes re- quire. He may appoint such assistants as he deems nec- essary and compensate them as provided by law. The County Clerk This county officer is the one with whom the average citizen has most frequent business. He issues marriage licenses, liquor licenses in those counties that allow the sale of intoxicating drinks, and ° hunters’ licenses. He collects the fines imposed by the county court and pays them to the county treasurer. He is the recorder of deeds for the county. The law re- quires every deed and mortgage affecting land in the county to be recorded in his office so that it may be known who owns, or has any interest in the property. This prevents a dishonest man from selling the same property twice, or of borrowing money on it claiming that it is free from any previous incumbrance. A state~ ment showing all records affecting a piece of property is called an abstract. Before buying real estate one should always demand from the seller an abstract, so as to know that the title is clear and that he has a right to sell the property. The County Treasurer. He receives all moneys be- longing to the county, and pays out the same only as required and directed by the commissioners’ court, or on an order called a warrant signed by some officer author- ized by law to issue warrants. He must keep a true ac- count of all receipts and disbursements, and also one of all debts due the county, and must render a detailed re: poft to the commissioners’ court. He must examine the accounts of the clerks of the courts, of the sheriff, of the justices of the peace, of the constables, and of the 112 CIVICS: TEXAS AND FEDERAL tax collector of the county, and report his findings to the commissioners’ court. The County Assessor. This officer lists all taxable property within the county, and secures a market valua- tion of the same from the owners under oath, when pos- sible. This sworn valuation is subject to change by the commissioners’ court sitting as a board of equalization, The assessor reports to the comptroller of public-ac- counts at Austin the value of all taxable property in the county, in order that the state tax rate may be fixed, Assessments are made annually between the first day of January and the first day of July, and are supposed to in- clude all property liable for taxation on January first. The County Auditor The law requires the appoint- ment of a county auditor for any county containing a city of 25,000 inhabitants, or having an aggregate popu- lation of 40,000, the appointment to be Pride at a special meeting of the judges of the county and district courts, or courts having jurisdiction in the county, the meeting being called by the county judge. Any experienced book- keeper is eligible to the position. The auditor must keep a set of books that show the accounts of all county offi- cers, and must check up their books and accounts every three months. He reports to the commissioners’ court. The books of the county officials are open to him at all times. It is his duty to see that all laws pertaining to the collection of taxes, licenses, fees, costs, etc., are en- forced. The County Collector. In all countics having a popu- lation of 10,000 or more by the last Unite Sums Census, a collector of taxes must be elected. In counties of less than 10,000 population the sheriff acts as collector of taxes. The county collector receives from the assessor books called the assessment rolls, after they have been approved hy the commissioners’ court. ‘These show hew CIVICS: TEXAS AND FEDERAL 113 mtich tax each person is to pay. The law requires him to be in his office in readiness to begin the collection of taxes, on the first day of October of each year, or as soon thereafter as possible. It is also his duty to meet the taxpayers in each precinct, at a certain place on a certain day, previously announced, to collect their taxes. Each taxpayer failing to pay his taxes at this precinct col- lection is required to pay them at the collector’s office, on or before the thirty-first day of January. If taxes are not paid by that time they are recorded as delinquent, and additional amounts called penalties are added to them. If the tax remains unpaid the property on which it is due can be sold to satisfy the tax and the penalty. However, the property may be redeemed by the original owner at any time during two years from the date of sale. The collector pays the state taxes that he collects to the state treasurer, and the county taxes to the county treasurer. The County Surveyor. lt is his duty to survey lands involved in suits when ordered by the court; to survey public lands under the direction of the Commissioner of the General Land Office, and to forward a report of the survey to the General Land Office at Austin. He must also survey land for individuals upon the payment of fees established by law. The lines thus run become the legal lines, unless a future county surveyor discovers errors in them. County Superintendent of Schools. Every county having 3000 or more scholastics, i. e., children between 7 and 17 years of age, must elect a county superintendent of schools. A county having less than 3000 scholastics may have a county superintendent, if a majority of the taxpaying voters express a desire for one, at an election - called by the commissioners’ court to vote upon the proposition. In counties having no superintendent the 114 CIVICS: TEXAS AND FEDERAL county judge is ex-officio superintendent. The county superintendent of schools is, by virtue of his office, secretary ef the board of county school trustees. He is general supervisor of the schools of all common school districts and of independent school districts having fewer than 150 scholastics, and-assists the county board of edu- cation in formulating a course of study in conformity with the course of study as outlined by the state superin- tendent. He assists the county board of education in ap- portioning the school funds to the various school dis- tricts of the county under his supervision, and also in consolidating the common school districts for the pur- pose of the establishment of rural high schools. He must: approve all contracts between trustees and teachers of all schools under his supervision, and oversee the taking of the census of all scholastics in the county. He holds an- nually a county teachers’ institute, which lasts five days, and makes a record of the attendance and of the work of all teachers attending it. He appoints two teachers as a board of examiners for the county, whose duty it is to ex- amine teachers; and he appoints trustees to vacancies in any rural school board, to serve until the next annual election. He makes all necessary transfers of scholastics from one school district to another, advises with teachers in the management of schools, and spends four days of each week in the schools of the county while they are in session, if practicable, and lectures frequently in the interest of education. The Board of Equalization The commissioners’ court convenes on the second Monday of June, or not later than July first of each year, and sits as a board of equalization. The assessor submits his assessment rolls to this board, and it examines them to see that all prop- erty is rendered for taxation at a fair market value. If the rendered value of any property seems too high or CIVICS: TEXAS AND FEDERAL 115 too low, the board may change the valuation. But an assessment can not be raised until the person who ren- dered the property is notified to appear before the board to defend his own interests. This board classifies lands. into improved and unimproved, subdivides each class into three divisions as to quality and, finally approves the as- sessment rolls, which are returned to the assessor. THOUGHT QUESTIONS i, a a man be forced to become a member of a sheriff's posse! 2. If a sheriff can not maintain order and enforce the law with the assistance of his deputies and posse, whom can he call to his aid? 3. Who prosecutes all cases in criminal courts? 4. Who is the recorder of deeds for the county? 5. What is meant by “full rendition?” 6. Who compose the county board of equalization? What are the duties of this board? : 7. Name six Texas counties that have auditors. 8. Name a county in which the sheriff acts as collector of taxes. 9. What constitutes delinquent taxes? How can the taxes finally be collected? CHAPTER XX ' CITIES AND TOWNS Origin of Cities In olden times when people were continually engaged in war and fighting was an every- day affair many families would make their homes in fertile valleys, overtowered by steep and lofty hills or mountains. On these eminences they would build for- tresses or castles as places of refuge in case of attack, and as_ safe locations for temples where they worship- ed. Sometimes, as in Germany and France, a castle would belong toa strong and Tete aldi ae fava sti! called a baron The Castle of Schonburg, Overtowering the City 5 = of Oberwesel. This Castle Is Now in Ruins. © lord, who would give to the families living in the valley below protection in exchange for their services in cultivating the soil. In such cases the members of the families were called his vassals. The places where these fami- lies lived close together were known as cities, and the people who lived in the cities were called citizens, In Texas, where enough people make their homes in a com- munity to give it a name of its own, the place is called a town, in order to contrast it with the country or with rural communities. People who live in towns 11¢ CIVICS: TEXAS AND FEDERAL 117 find new relations arising and new demands necessary for comfort and. health. They soon realize that the gen- eral laws of their State are no longer sufficient to meet the requirements of new conditions caused by many people living as close neighbors. They feel the need of special laws and a special form of governmental organi- zation that will benefit them, and which, at the same time, will not interfere with the rights of their country neighbors. ‘Texas, like all other States, recognizes the need of such laws and such an organization, and provides’ a way for towns to become incorporated and to be made cities. Growth of Texas Cities In 1910 Texas had a popu- lation of 3,896,542 people and ranked as the fifth State in the United States in point of population. Of these people 938,104 lived in cities and towns. In 1900 only 17.10 per cent of all the people of the State lived in cities having a population of 2,500 or more, but in 1910 this percentage had increased to 24.10 per cent. This shows that in Texas, just as in other States, the people are mov- ing to the cities. This movement is due in part to the fact that those living in towns have more advantages than do those living in the country; but with good roads, rural mail delivery, consolidated schools, improved farm houses, and more scientific farming, it is expected that this movement towards the city will be checked, and that people will actually move from the city into the country, where the same money. always enables one to live better than it will in a city. When a city reaches a population of 10,000 or more its interests frequently demand that it shall enjoy special privileges not needed by other cities. In such a case the city applies to the Legislature for a special charter. It submits a copy of the desired charter and in this char- ter the various privileges sought, are set forth. The Legislature may pass an act granting the charter, or it 118 CIVICS iE xASTAND HE DE RAL may decide to grant it, provided a referendum vote of the citizens of the city shows that they really wish it. A referendum vote prevents a few officials from securing a special charter opposed to the interests of the majority of the citizens. The officials of a city with a special charter and their duties are designated in the charter. They are practically the same as in cities incorporated under general laws, but a large city necessarily demands many minor officials, such as a chief of police, a chief of ‘the fire department, city electrician, health officer, pound keeper, street inspector, building inspector, etc. Cities, Towns and Villages. Cities of more than five thousand inhabitants may be incorporated by special legislative act, or by proceeding under the provision of general laws regulating the incorporation of cities. Cities and towns of five thousand or less population can be chartered alone by general law. Any city or town having a population of six hundred or more may proceed to incorporate in the following manner : 1. Fifty or more resident electors of such city file their peti- tion for incorporation with the county judge of their county. 2. The county judge may then order an election on the ques- tion of incorporation. 3. Jf a majority of the resident qualified electors vote in favor of incorporating, the city will be declared incorporated. 4. In the petition and election notice the name of the proposed city and its boundaries must be stated. _ Any village or town having a population of more than 400 and less than 10,000 may proceed to incorporate as a town or village in the following manner: 1. Twenty or more resident electors of such city file their petition for that purpose with the county judge of their county. 2. The county judge may then order an election on the question of incorporation. 3. If a majority of the resident qualified electors vote in favor of incorporating, the town or village will be declared incorporated. 4. In the petition and election notice the name of the city and its boundaries must be stated, accompanied by a plat of the city. CIVICS: TEXAS AND FEDERAL 119 Consolidation of Cities Two cities of over 5,000 population each may consolidate by the following pro- cedure: 1. One hundred or more qualified voters of each city shall petition their respective councils to order an election for the purpose of voting on the question of consolidation. 2. The councils at their next regular sessions may order an election to be held on a date not earlier than thirty days after the order for the election. The election must be on the same date in both cities. 3. If the petitions are signed by not less than fifteen per cent of the qualified voters of the cities seeking consolidation, the respective city councils must order an election on the question of consolidation. : : 4. If a majority of the voters of each city vote in favor of consolidation, the cities hecome one under the name of the larger city, and the provisions of the charter of the larger city super- sede those of the smaller city. Abolition of Cities and Towns as Corporations. Char- tered cities of less than 10,000 population may be abol- ished as follows: ° 1. One hundred qualified tax-paying voters of such city or town petition the county judge of their county to order an elec- tion at which a vote may be taken on the question of abolishing the corporation. 2. If the number of voters in the town is less than 200, a majority of those voters petition the county judge to order an election. 3. If a majority of the votes cast at the ordered election favor the abolition the county judge declares the incorporation, of the city abolished. 4. All claims against the city whose’ corporation has been abolished must be equitably settled by a receiver appointed by the district judge of the judicial district in which such city, town, or village is situated. Any incorporated city of 600 or more population may re-Incorporate under the provisions ‘of the legislative act of 1915 by a two-thirds vote of the city council of such city at a regular meeting. The records of this meeting must be properly signed, recorded, and filed. Extension of City Limits Any city of over 5,000 population may be chartered by the Legislature with “full power of local self-government.” Any city thus ii 120 CIVICS: TEXAS AND FEDERAL chartered may, by a majority vote of its qualified voters at a special election, amend its charter, subject to such limitations as were prescribed by the Legislature in the charter granted. Among such amendments and ordi- nances passed thereunder are the following: 1. The creation of a commission form of government. 2. The ownership and operation of its public utilities. 3. The establishment of improvement and fire-hazard dis- tricts, with the power to prescribe the material and structure of buildings that may be erected within the fire-hazard district. 4. The annexation of additional territory lying adjacent to the city by ordinance, without the vote of the inhabitants of said adjacent territory. This power is conditioned on the provisions ot the charter as granted by the Legislature. Any city may extend its limits by a half mile or more, by ordinance, if a majority of the voters of such terri- tory vote to be annexed and certify to same by affidavit of three of those voters and file the affidavit with the mayor and city council. Withdrawal From City. It sometimes happens that people living in a section of a city become dissatisfied with the government of the city, or with the distribution of improvements, and desire to withdraw from it. Upon the petition of fifty qualified voters living in the terri- tory that wishes to withdraw, the mayor must call an election to determine the will of the qualified voters of the city. If a majority of those voting on the question vote for the withdrawal, and, if after the withdrawal, a square mile of territory will remain in the city, with- drawal is allowed and the boundary lines of the city are changed accordingly. If there are outstanding bonds, the part withdrawing must continue to bear its pro rata part of the bond tax until the bonds are paid. Wards in a City. The city council generally divides the city into districts, called wards. These wards are supposed to contain about the same population. All the people in a particular ward usually vote at the same polling place. Aldermen and members of the school CIVICS: TEXAS AND FEDERAL 121 1= WARD 5 WARD 6“ WARD 22.WARD 4™ WARD 352 WARD Plan of Houston, Showing How the City is Divided Into Wards. board are sometimes elected by wards, but experience has ptoved it to be best that all city officers be elected by the voters of the entire city. The city council may change the number of wards, and their boundaries, when- ever it deems it wise to do so, but such changes shall net be maide later than three months before any election. City Elections. -All regular city elections are held on the first Tuesday in April of each year. All voters in a city ‘election must be qualified state voters, and must have been residents of the city for six months preceding the. date of election. In addition to having a valid state 122 CIVICS: TEXAS AND FEDERAL and county poll tax receipt or exemption certificate, each voter in many cities must also have a city poll tax re- ceipt or exemption certificate. Each ward is a voting precinct, and a polling place with necessary equipment and election officers must be provided for it. Each voter may vote for all the city officers to be elected. The returns are made to, and the results are declared by the city council. The official term of all elective city officers is two years. There are two aldermen from each ward and they are so classed that one is elected each year. Who Is Eligible to Office The mayor must be a qualified city voter and must have been a resident of the city for twelve months next preceding the date of elec- tion. An alderman, in addition to the qualifications for the office of mayor, must also have been a resident of his ward for six months next preceding the date of the election. All other elective officers must be qualified voters of the city and able to discharge the duties of their respective offices. THOUGHT QUESTIONS. 1. Is it the tendency of the people to move to the city or from it? Why? What i is meant by the incorporation of a city or town? What is a city charter? What power grants city charters? How can a suburban section become annexed to a city? When are general elections held in cities? Gamal portion of a city secede? How? Ts every city voter also a state voter? In what city elections are some city voters not allowed ‘to vote? 10. Can a non-voter hold an elective city office? COND Woh CHAPTER XXI DUTIES OF CITY OFFICERS The Mayor. The mayor is the chief executive officer of the city. He should be active in the enforcement of all ordinances, and should inspect diligently the work and conduct of all subordinate officers. He presides at all the regular and called meetings of the city council, i da aR ae City Hall, Fort Worth, Where Most of the City Officials Have Their Offices. and communicates to it in the form of written messages such information and recommendations as he deems im- portant for the welfare of the city. He has legislative power by virtue of his right to cast the deciding vote in the case of a “tie vote” in the board of aldermen, and 123 _ 124 CIVICS: TEXAS AND FEDERAL by his veto power, over the ordinances passed by it. He appoints the regular committees of the city council, des- ignating the chairman of each. With the consent of the council he also appoints all the city officials not elected by the voters, and fills all vacancies, except those of mayor and aldermen. A vacancy in the office of mayor or alderman must be filled by a special election. He signs all warrants drawn on the treasurer when they are legally authorized and properly drawn. He may, by proclamation, close saloons on occasions when he deems the good and safety of the public demand it. He may summon any number of citizens to suppress disturbances and riots. In cities having no recorder’s or police court the mayor has the power to administer oaths, and sits as a trial judge in the trial of persons charged with the violation of a city ordinance. The City Council The city council is composed of the mayor and aldermen, and has legislative and admin- istrative power in accordance with the provisions of the city charter and the general laws of the State. The most important powers of the city council are: a. To levy and collect taxes. b. To borrow money upon the credit of the city, and when authorized by the citizens, to issue bonds payable at some definite future time. c. To grant public franchises to street railway companies, to electric light and power companies, to gas companies, to telephone and telegraph companies, etc., and to regulate these companies within the city limits. d. To prescribe sanitary regulations as to sewage, local quarantine, pure foods and drinks, etc. e, To pass and enforce ordinances requiring people to prevent their stock from running at large in the streets. f. To have streets, alleys, and sidewalks improved accord- ing to prescribed plans, and to condemn private property in order to open streets, or to establish parks, etc. g. To license peddlers, billiard halls, theatres, circuses, moving picture shows, etc. ; h. To make and enforce police regulations. i, To fix “fire limits’ and to prescribe the character: of buildings to be constructed within and without these fire limits. an CIVICS: TEXAS AND FEDERAL 125 j. To organize, maintain, and regulate “fire companies.” k. To appoint ali officers necessary to make the city ordi- nances effective, to prescribe the duties of these officers, and to fix their salaries. 1. To fix penalties for the violation of city ordinances. The Marshal. The marshal of a city is the chief of police. In the prevention and suppression of crime he possesses the same power and authority in his city as does the sheriff of the county. Not only is it his duty to enforce the laws of the State, but also the ordinances enacted by the council of his city. For the purpose of knowing how they are complying with the terms of their licenses, he has free entrance into all licensed public places, and may close them temporarily if he deems it essential to the public good. He, or his deputy, attends upon the mayor’s or recorder’s court while it is in ses- sion, and is bound to execute promptly all writs and pro- cesses issued by this court. The Secretary The city secretary attends all the meetings of the council and keeps accurate minutes of the proceedings in a record book, and engrosses and enrolls all the laws, resolutions, and ordinances of the council. He is the custodian of all the books, records, papers, documents, and files of the council. He'keeps the cor- porate seal, and signs and seals all formal papers and warrants, and all commissions of city officers, and all city licenses issued by the mayor, keeping a register of these commissions and licenses. He acts as the general city accountant, keeping regular accounts of all receipts and expenditures in special books for that purpose. He keeps a systematic register of all bonds and facts relat- ing to them, as well as of all city contracts. The Treasurer. He is the custodian of all city funds. He is authorized to pay out money only on the presenta- tion of properly signed warrants. He must keep an ac- curate account of all receipts and expenditures, and must __ 126 CIVICS: TEXAS AND FEDERAL make quarterly and annual statements to the city coun- cil. If he also acts as school treasurer he must make monthly statements of the condition of the school funds to the board of school trustees, and an annual statement to the state superintendent of schools. It is his duty to publish a semi-annual statement of the financial condi- tion of the city in order that all citizens may be in- formed. Since the law requires that all city funds and all school funds shall be kept in the bank that bids the highest rate of interest on the average daily balances to the city’s credit, one of the officials of the bank securing the deposits is generally appointed city treasurer. When a bank official is appointed treasurer he serves for a nomi- nal salary. This bank must give the city a bond guaran- teeing the safe keeping of all its funds deposited with it. The City Attorney. The city attorney is the legal ad- viser of the city council and of all city officers. He prepares ordinances at the request of the council. He acts as prosecutor in the mayor’s or recorder’s court, and defends the city’s interests in all suits brought against the city in the county and district courts. He brings suit in the proper courts to enforce the city’s claims and legal rights. Assessor and Collector. lIt is the duty of the assessor | and collector to assess or list all the property in the city that is liable for taxation. Once each year all persons owning such property are supposed to go to his office and render under oath a full statement of all their prop- erty. He reports to the city council the taxable value of the city, and after the council fixes the tax raie, he proceeds to collect the city taxes. He pays over all taxcs collected to the city treasurer. If taxes are not collected by final date fixed by ordinance, they become delinquent and penalties are assessed, amounting to at least ten vei cent and costs. _, CIVICS: TEXAS AND FEDERAL 127 The Recorder. In some cities the mayor has too much work to do to act as judge of the corporation court, so an official, called the city recorder, is elected for that purpose. He has jurisdiction in cases involving misdemeanors and violations of the city ordinances; and his court is considered always open for the trial of city cases, that is, it does not close for long recesses in the summer as do other courts. In the recorder’s court one is usually given trial on the day of his arrest, or on the following day. The recorder is ex-officio justice of the peace in petty criminal matters, and all trials in his court must be held in accordance with the rules for trials in the courts of justices of the peace. He has no juris- diction in civil matters. He can compel the attendance of witnesses, and can punish all guilty of “contempt of his court” by fines or imprisonment. As in justice of the peace courts, at the request of any defendant, a case must be tried by a jury of six, and the penalty must be assessed by this jury in accordance with the ordinances and the facts. The Board of Equalization This board is appointed by the city council soon after its organization, and the time is set for it to meet to equalize the assessed valua- tions as made by the city assessor. The members of the - board must .be resident tax-paying voters of the city. The duties of the board and the methods employed by it are like those of the county board. Government by Commission. On September 8, 1900, Galveston was visited by the worst hurricane that ever struck the coast of our country. It was followed by the destruction of thousands of buildings, the drowning of about 6,000 men, women, and children, and a property loss estimated at $20,000,000. It was essential that Gal- veston, in her efforts to recover from this terrible blow, should have greater economy in the management of her 128 CIVICS: TEXAS AND FEDERAL affairs than any other city in the United States. Her cit- izens evolved a new form of government that aimed to conduct the affairs of the city with the same care an| thoughtfulness that the best managed private business concern would exercise. It was named the commission form of government, and proved so successful in the economies that it introduced and the good clean govern- ment that it gave the city, that it has spread to all parts of the State and to many other States. Among the Texas cities that have the commission form of government are Galveston, Houston, Dallas, El Paso, Denison, Austin, and Fort Worth. No place that has adopted it has re- turned to the older form of government. This is the best argument in its favor. The City Commission. In this form of government the city is governed by a city commission. The city comnmission consists of a mayor and usually four com- missioners, elected at large, by the qualified voters of the city, that is, without reference to ward divisions. In most cities having this form of government, all other city officials are appointed by this commission and serve at its will. The commission enacts all the city ordinances and enforces them through officers appointed for the pur- pose. For the practical management of the city, its affairs are divided into as many departments as there are com- missioners, and each commissioner is placed in charge of one of those departments. His management of this de- partment is always subject to the review of the entire commission. This arrangement gives each commis- sioner an opportunity to study and to understand all the needs and requirements of his particular department, and results in securing honest and faithful service from the employees of the department. The commissioners are elected principally because of their business ability, and are paid adequate salaries to justify them in devoting suf- CIVICS: TEXAS AND FEDERAL 129 ficient time to the affairs of the city. The business of the city is thus placed upon the basis of a purely com- mercial enterprise, and is conducted with a dispatch and an economy not approached in the old system, where the aldermen are elected by wards largely because they are shrewd politicians. In some city charters a provision has been inserted requiring the commissioners to devote their entire tinte to official duties, and to give up all other regular business engagements. Such a provision would often operate to exclude the men who would be best qualified to administer the business of the city most wisely. THOUGHT QUESTIONS 1, What is a franchise? An exclusive franchise? 2. Can a city grant an exclusive franchise to a corporation or individual? What is meant by condemnation of private property? 4. pond what conditions may a city condemn private prop- erty! 5. What are the duties of a city recorder? 6. What cases come into the recorder’s court? 7. What is the commission form of government? i 8. What are its advantages over the regular form of city government? 9. What was the first city to formulate and adopt a com- mission form of government? 10. Has the commission form of government been satisfac- tory in the Texas cities that have adopted it? CHAPTER XXII EFFORTS TO IMPROVE GOVERNMENT Why Necessary. Government by political parties al- ways has resulted in producing men whose whole lives have been spent in holding political offices, or in seeking to control their parties for personal advantages. It is natural that such men should get together when they happen to be members of the same party. By a process of trading, and by working together, they are enabled to so manipulate things that they control the acts of their party, and prevent others from exercising any real in- fluence in shaping its policies. Such a band of men is frequently known as a machine, for the reason that they all know their work so well, and do it so quietly and so regularly. Each individual member of the machine has a following that can be counted upon to vote as “the boss” wishes, and the combination of all these votes is sufficient to enable the machine to control the election. The bosses hold their influence partly because of pat- ronage in the form of “jobs” that they have at their dis- posal, partly because they are likable men, and partly because at the time of election they often have large sums of money to use for campaign purposes. Restriction of Campaign Expenses. In an effort to purify the elections and to prevent the bosses from spending money.improperly to induce voters to vote for their candidates, many States have passed “corrupt prac- tices acts,” which require the successful candidates to file statements made under oath, with the secretary of state, county clerk, or city secretary, showing just how much money they expended in the campaign and for what purposes. In Tex:s such statements must be filed 130 CIVICS: TEXAS AND FEDERAL 131 with the county judge within ten days after the elec- tion. Some people think that a list of those contrib- uting to campaign funds, and the amounts contributed, should be made public before the election, so that it may be known who is really “backing” the different candi- dates. This would probably keep corporations from try- ing to help elect men to office. The Initiative- This is the plan adopted by several States and by some cities by which a specified percent- age of the qualified voters may propose a law or a change in a law. An election is called to vote on the initiated bill, and if the required number of votes is cast in its favor the proposed law is declared “passed” and goes into effect. People often demand certain laws and their wishes are ignored by their legislatures and city councils. The bosses often prevent legislation that is demanded by the people by having bills “killed in com- mittees.” The initiative plan forces action upon meas- ures proposed by the people. Knowledge that the people have this power makes the representatives and the al- dermen more subservient to the wishes of their constit- uents. One objection to the initiative plan is that the proposed law must be adopted or rejected in the form in which it is initiated. On the other hand, if it were considered by a legislative body, there would be oppor- tunity for a free discussion of the law, all interests could be heard for or against it, and it could be amended be- fore being finally adopted. The Referendum. This is the plan which requires that the qualified voters shali vote upon certain laws that have been enacted by the Legislature, or city council, before these laws may take effect. A regular election is held and if a majority of those voting on the measure vote against it the law can not go into effect. The ap- plication of the referendum to ordinary legislation is an i 132 CIVICS: TEXAS AND FEDERAL innovation in our form of government, but some funda- mental matters have always been referred to the vote of the people. The Constitution of the United States, the constitution of all States, all the constitutional amend- ments, and most city charters have been referred to the voters before they became effective. The Recall. The recall is the plan by which a public officer may be removed from office by the vote of the people before his term has expired. To displace an officer by the recall a certain specified percentage of the qualified voters sign a petition for a new election, The name of the official to be recalled and that of an opponent are placed upon the ballot, and if the official does not receive a plurality vote he must retire from of- fice, and his successful opponent succeeds him. THOUGHT QUESTIONS 1. What is a political party? 2. Name four political parties and state the prominent doc- trines of each. 3. What is meant by “machine politics?” 4. What is meant by “political boss?” 5. What is a primary election? 6. Why is more importance attached to a primary election in Texas than to a general election? 7. Distinguish between a majority and a plurality vote. 8. What is the legal requirement in Texas concerning cam- paign expenses? 9. Why was election day made a holiday in Texas? 10. Is a state primary conducted in the same manner as a State election? CHAPTER XXIII PUBLIC REVENUES Why Taxation Is Necessary. In order for the indi- vidual citizen to be successful he must live under the protection of a good, stable government.- In Central America, and more recently in Mexico, revolutions are of frequent occurrence, with the result that people pos- sessed of property are in constant danger of having it taken away from them. Factories and mills are forced to shut down, mines and railroads to stop operating, and people to leave the country in order to find safety for themselves and their families. In these countries there is no general prosperity, and even the money shows depreciation. A Mexican silver dollar is worth only about 49 cents on this side of the Rio Grande River. On the other hand, a good government gives positive value to all property within its borders, facilitates the acquisition of property, makes one secure in the posses- sion of it, and insures the right of sale and exchange. While government makes possible the accumulation of wealth, it can not produce wealth to support itself. In 1910 the State of Texas required $4,380,043 to pay its expenses. The Thirty-fifth Legislature that met in 1917 appropriated over fifteen million dollars to be spent during the years of 1917 and 1918. This money is used to pay the salaries of public officials, to provide public buildings, and to pay the expenses incident to running the government. As the State has no way to produce wealth, this money must be paid by its citizens. Money paid to the government is called a tax. Good citizens enjoying a good government pay their taxes cheerfully, realizing that without these taxes the government could not exist. The fundamental principles underlying tax- ation are as follows: 183 134 CIVICS: TEXAS AND FEDERAL a. All persons should contribute to the support of the gov- ernment in proportion to the amount of wealth they respec- tively enjoy under its protection. b. The amount of the tax to be paid should be certain, while the times and the manner of payment should be made known clearly to every tax payer. c. Times and places for payment most suitable to the ma- jority of the citizens should be selected. d. Taxes should be as light as is consistent with efficient government, ‘and should be collected annually. Reconstruction and Taxation Under the ‘“Recon- struction” Constitutions of 1866 and 1869 taxes became burdensome and public expenditures were prodigal, if not criminal. Finally, driven to desperation by the un- warranted extravagancies of the government, by bur- densome taxation, and by flagrant violations of. their rights as citizens, representative Texans of both great political parties met in the famous “Tax-payers Con- vention of 1872.” This convention proclaimed to the world with unquestionable proofs the unwarranted con- ditions that existed, and its plea for civil government, economically administered, was heard and acted upon by loyal Texans. As a result of the work of that con- vention the present Constitution of Texas was drafted. Taxation is Limited. To guard against any repetition of abuses in taxation the Constitution fixes the limita- tion so low that it has been prejudicial to some Texan interests. Progress sometimes demands a high rate of taxation. Cultured communities and progressive cities sometimes desire to tax themselves more for schools and public improvements than the Constitution allows. While this is true, yet these restrictions have saved Texas from some of the misfortunes and hard times following the improper issuance of bonds and the ex- cessive taxes of some of her sister States. Texas has the lowest rate of taxation of any State in the Union. The following is the maximum tax rate per $100, as- sessed valuation, under the Constitution and statutes: CIVICS: TEXAS AND FEDERAL 135 State tax, inclusive of the tax necessary to pay the pub- lic debt and to provide for the public free schools. .$.35 City or County tax, for city or county purposes......... B25) City or County, tax, forsroads andi bridcessemeee nee ALS) County» tax; tO pays iUnOlonm eee te nent er eee lS City or County tax, for the erection of public buildings, streets, sewers, water works and other permanent im- provements sicig ok ee en ee See eee 5 County tax, for roads, provided a majority of the qualified voters owning property in the county, who vote at the election held’ for that purpose, favor iteease+-s.--5-e mS Taxable Property. All property, real or personal, ex- cept that which is legally exempt, is subject to taxa- tion, and the law requires that it be rendered at its full market value on a blank furnished by the assessor for the purpose. The person or persons legally accountable for the property must swear to the accuracy and com- pleteness of the rendition. If a person renders his property fraudulently he is guilty of perjury, and upon conviction, is liable to be sentenced to the penitentiary for aterm of from five to ten years. Real property includes all land, the buildings and improvements on the same, and all mines, quarries, minerals, fossils, oil and gas, on or under the land so far as can be ascertained. Personal property includes furniture, clothing, jewelry, merchan- dise, farm products, live stock, all money, stocks, bonds, hotes and other evidences of debt, owned by the citizens of the State, wherever located. The following property is exempt from taxation: a. All schoolhouses and churches with their lands and furnishings; all colleges and universities with their equip- ment, lands, and endowments, provided such property is used exclusively for educational purposes. b. All cemetery lands not held for profit. c. All property belonging to the United States, or to the state, county, or city. d. All buildings and grounds used exclusively for. charitable purposes. e. All public libraries and museums. f. Household and kitchen furniture to the value of $250. g. All annual pensions granted by the State. _ = 136 CIVICS: TEXAS AND FEDERAL h. All farm products in possession of the producers, and all famiiy supplies on hand for use in the home or on the farm. The Somers’ System of Valuation. It frequently hap- pens that the assessment of property is not made equita- bly. The real estate of prominent citizens is sometimes valued at a smaller per cent of its market value than that of less influential citizens. Any inequitable method of assessment interferes with a fair distribution of the public expenses. Houston, in 1911, adopted the Somers’ Unit System of Realty Valuation. This system had its origin in St. Paul, Minn., and has been adopted by a number of the most progressive cities in the United State. A committee of real estate experts decides on a fair selling price by the front foot of a lot in the mid- dle of each block in the city. Every block is visited by the committee so that errors may be corrected on the ground. After this, by a process of mathematical cal- culations, a fair selling price for every lot in the block can be arrived at. Distance from street corners and electric cars, the situation of the lots as to height, slope, etc., and the improvements that the street possesses, are factors that affect all lots in a fixed ratio. In order to encourage impr: .ements on lots, all buildings placed on them are assessed at only twenty-five per cent of their cost. This is arrived at by measuring each build- ing and then figuring out its cost, in much the same way that contractors and builders do. The result at Houston has been that the taxes on homes have decreased, and that those on vacant lots in the best parts of the city have increased. Many of these lots had been assessed at very low prices before, although their owners were declining to sell them, and were holding them for the greatly increased prices that they expected to realize in the future. Now the tendency is either to sell or to im- prove lots heretofore held for speculative purposes. CIVICS: TEXAS AND FEDERAL ne, Poll Taxes. A poll tax is a tax assessed at a fixed amount against all men between the ages of 21 and 60. Indians who do not pay a property tax, people who are deaf and dumb, and those who have lost a leg or an arm are exempt from poll taxes. The state and county poll taxes is $1.75. Of this amount one dollar goes to the available school fund, fifty cents to the general fund of the State, and twenty-five cents to the general fund of the county. In 1917-18 there were over 600,000 poll tax receipts issued in Texas.* Those living in some cities pay one dollar additional as a city poll tax. Occupation Tax. Specific taxes may be levied on occupations not of an agricultural or mechanical nature. Auctioneers, pawn brokers, peddlers, theatrical compa- nies, circuses, saloon keepers, proprietors of billiard halls, etc., pay occupation taxes. Charity concerts, lec- tures in the interest of science or social organizations, and museums or fairs exhibiting Texas products exclu- sively, are exempt from occupation taxes. Inheritance Tax. Texas levies an inheritance tax on all property above a certain value acquired through in- heritance. This tax, however, is not levied on property inherited from parents, husband or wife, or children, or by charitable institutions. Brothers, sisters, grand- parents, nephews, and nieces, must pay a tax of two per cent on inheritances valued at from $2,000 to $10,000; and above that the rate increases with the inheritance. Aunts, uncles, and cousins must pay the same taxes, ex- cept that they begin with inheritances of $1,000 instead of $2,000. A person of no kinship inheriting property must pay an inheritance tax of four per cent on all in- heritances of $500 or more. Homesteads. The home is not only the basal unit of *After 1918 women who desire to ycte in primaries will have to pay poll tax. This will bring the poll tax list to over a million. i 138 CIVICS: TEXAS AND FEDERAL society, but of the State and Nation as well. With the ownership of a home place, no matter how modest it may be, one becomes a better citizen than he would be without it. Even in the days of the Republic, Texas encouraged the ownership of home places by granting 160 acres of land to heads of families, upon the condi- tion of a three years’ residence in good faith. The Con- stitution of Texas protects the homestead of a family from forced sale to satisfy debts. In many States writs of execution may be issued against homesteads like other property. In cities and towns a homestead consists of a lot valued at not more than five thousand dollars with the house and other buildings on it, regardless of their value. In the country it consists of not more than two hundred acres of land with ail the improvements on it. A homestead can be levied on and sold only for deiin- quent taxes, or for part of the original purchase price, or for labor and material used in the construction of the improvements. Money can not be borrowed on a home- stead, It can only be sold with the consent of both husband and wife. In case of the death of the husband or wife, the homestead becomes the property of the other. If both husband and wife die, the homestead be- comes the property of the children and is not subject to any debts of the parents. The homestead is better safe- guarded in Texas than in any other State in the Union. THOUGHT QUESTIONS 1. State the four fundamental principles underlying equitable axation. 2. Why was the convention of 1872 called the “tax payers onvention ?” What is the Somers’ System of valuation? Define property tax. Occupation tax. What is the maximum tax rate in Texas? What property of every home is exempt from taxation? What property of the farmer is exempt from taxation? What cemetery lands are taxed? PNN GUE CHAPTER XXIV PUBLIC EDUCATION Essential in a Republic. Under a republican form of government a system of free common schools is a ne- cessity. Government by the people is impossible with- out an intelligent citizenship. As a matter of self-pres- ervation the State must educate its children and prepare them for the duties and responsibilities of citizenship. While private schools often do valuable work, their privileges are naturally limited to a favored few, and the State can not rely on them to educate its future citi- zens. The bulwark of the Nation is its free schools, and the best investment a State can make is to endow liberally and support generously its whole public school system. The founders of our State recognized the im- portance of popular education and, although harassed by burdens and ill-provided with the comforts of life, they laid the corner stone of what ought to become the best system of public ‘schools ever established by any State or Nation. Provisions Made Under Mexican Supremacy. The Constitution of the Republic of Mexico, under which Texas and Coahuila constituted one of the States of that Republic, contained provisions for public education, and the Constitution of the State of Coahuila and Texas committed the people of that State to the establishment and support of public schools. In 1833 a grant of land was made by the government to the De- partment of Nacogdoches, and the products of this land were to be used exclusively for the support of primary schools. This humble beginning established a precedent in Texas for state support of public schools. In their “Declaration of Independence” the people of Texas de- 139 140 CIVICS: TEXAS AND FEDERAL clared that the Republic of Mexico, although possessed of boundless resources, had failed to establish any sys- tem of public education, Provisions Made by the Republic. The Constitution of the Republic of Texas committed the people of that republic to the organization and support of a system of public free schools. An act, approved in 1839, set aside three leagues of land for each county then organized or that might be organized in the future, for the purpose of establishing primary schools or academies, and directed that a tract of fifty leagues of land be set aside for the establishment and endowment of two colleges or univer- sities, to be created at some later time. One was to be for young men and the other for young women. Provisions Under Statehood. The first Constitution of the State, adopted in 1845, recommitted the people of Texas to the support of the public schools, and directed that one-tenth of the annual revenues derived from taxa- tion should be set apart by the Legislature as a perpetual fund for the support of the free public schools. From time to time small grants of land were made to the per- petual school fund by legislative enactment, and in 1850 the comptroller of public accounts was directed to issue bonds to the amount of $36,000, and to place the money derived from their sale to the credit of this fund. In 1854 the Legislature ordered two million dollars worth of United States bonds then in the state treasury to be placed to the credit of that same fund, and in 1866, by amendment to the Constitution, the sections of land al- ternating with those given to the railroads and other corporations were donated to the public school fund, and provision was made for the assessment and collec- tion of state and county taxes for school purposes. As a result of the far-sightedness and liberality of the build- ers of our State the perpetual school fund has received CIVICS: TEXAS AND FEDERAL 141 land grants to the extent of about forty-five million acres, and donations of over three million dollars in bonds from the State. It was estimated on September 1, 1918, that Texas had a perpetual school fund valued at $69,699,906.88, exclusive of county perpetual school fund. State School Funds. These consist of three classes the perpetual, the permanent, and the available. The perpetual school fund is composed of all funds, bonds, lands, and other property set apart and appropriated for the support of the public schools. The income only from the perpetual school fund can be spent, and the fund it- self must always remain intact. The permanent school fund is that part of the perpetual school fund that is in- terest bearing, and consists of bonds, notes, etc. It is de- rived largely from the sale of school larids belonging to the perpetual school fund. In 1918 it was $68,101,094.73. The available school fund consists of all the money avail- able for the maintenance of the schools. It is derived principally from the income of the permanent school fund, special appropriations of the Legislature, a state tax not to exceed twenty cents on each $100 valuation, one-fourth of the occupation taxes, and the state poll tax receipts. In 1917-18 it was large enough to pay $7.50 for the education of every one of the 1,232,219 scholastics in the State. County Available School Funds. Texas counties orig- inally had 4,073,015 acres of school land; 3,766,295 acres have been sold. The income derived from this land, from bonds purchased with county school funds and from various other sources, constitutes the county avail- able school fund. District Available School Fund. This consists of money derived from a special tax at a rate not to exceed fifty cents on each $100 valuation, of tuition charges paid by children not living in the district or who are ever or under school age, and of money received from 142 CIVICS: TEXAS AND FEDERAL the lease of school property. The district available school fund in.1917-18 amounted to nearly ten million dollars. Building Funds. A building fund, i. e., one that can be used for erecting school buildings, can be raised by a bond issue authorized by a majority vote of the tax- paying voters of a school district or of a city. The pay- ment of these bonds, when due, must be provided for by an annual tax. This tax must be sufficient to meet the interest on them, and to provide a sinking fund sufficient to pay off all the bonds at maturity. This tax can never exceed twenty-five cents on each $100 valuation of prop- erty situated in the school district. or city. School Districts There are two classes of school dis- tricts the common school district and the independent school district. Common school districts are established by the county commissioners’ court, which also fixes their boundaries. In 1918 there were approximately 9,000 common school districts in Texas. There are three kinds of independent school districts. One, an in- corporation for school purposes only, which may be established under the general law or by svecial act of the Legislature. Such an independent schoc! district may have a territory not exceeding twenty-five square miles, and must contain. a town of not less than two hundred inhabitants. The second kind of independent school district consists of a city which has assumed full control of the public schools within its limits. The law also permits institutions, such as the orphan homes of the various demoninations and of fraternal orders, hav- ing charge of children of school age to organize as in- dependent school districts, even though they are situated inside of other independent districts. Such school dis- tricts are created by the State Board of Education, with boundaries limited to their own grounds. In 1918 there were about seven hundred and fifty independent school districts in Texas. CIVICS: TEXAS AND FEDERAL 143 Common school districts and independent school dis- tricts of less than 150 scholastic population are under the direct supervision of the county superintendent, and receive their share of the state available fund through . the county officials. The other independent school dis- tricts receive their share direct from the state officials. Rural High Schools Texas will always be an agri- cultural state, with the greater part of its people living in the country. Boys and girls living on the farm are entitled to the same educational advantages as are those living in the towns. To assist in this the Legislature in 1911 passed a law providing for the establishment of rural high schools. The Legislature has continuel an- nual appropriations of $50,000 to be used in aiding the departments of agriculture, manual training, and do- mestic science in these high schools, as well as in those iO DISCONTINUED SCHOOL > 3 > a DISCONTINUED. CONSOLIDATED ro SCHOOL SCHOOL H z Bi l DISTRICT N26G 5 oO DISCONTINUED 3 SCHOOL 9 iy Ic a ; Scare: Agata fare Sa IMILE =34 INCH Consolidated School District in Ellis County. of the independent districts. With the consolidation of common school districts and the transporting of pupils, i 144 CIVICS: TEXAS AND FEDERAL well equipped schools of from four to six teachers can easily take the place of the little one-teacher schools. It costs about one cent more a day to educate a child in the town schools than it does in the rural schools, conse- quently the most that is needed to bring about an equali- zation in school opportunities is the consolidation of the rural schools, into schools of sufficient size to enable enough teachers to be employed, that each may have time to do as good work as is done in the towns. The rural high school law will help accomplish this by tend- ing to make the work of such schools, so much better and more practical than can be that of the small schools, that parents will demand consolidation. In many states, like Indiana, North Carolina, and Louisiana, wonderful improvements have been made in the rural schools by these means during the past few years. There are three kinds of rural high schools known as those of the first class, second class, and third class, according as they maintain four years of work, three years of work, or two years of work, above the seventh grade of the ele- mentary school. The first and second classes must em- ploy at least two teachers holding first grade state cer- tificates and must maintain a term of eight months. The third class must employ at least one teacher holding a first grade state certificate and must maintain a term of seven months. Higher Institutions of Learning. In addition to the rural high schools and city high schools the State has provided a thoroughly codrdinated system of more ad- vanced schools. State Institutions of Learning. University of Texas, Austin. A. and M. College, College Station. College of Industrial Arts, Denton. Sam Houston Normal Institute, Huntsville. North Texas State Normal College, Denton. Southwest State Normal College, San Marcos. West Texas State*Normal: College, Canyon. ye CIVICS: “TEXAS AND! PEDERALE 145 East Texas State Normal Coiiege, Commerce. Sul Ross Normal College, Aipine. Prairie View State Normal and Industrial College, Prairie View. Grubbs’ Vocational School, Arlington. State Orphans’ Home, Corsicana. State Juvenile Training School, Gatesville. Texas State Training School tor Girls, Gainesville. State School for the Blind, Austin. State School for the Deaf, Austin. State School for Feebleminded, Austin. Bird’s Eye View of the Agricultural and Mechanical College, Showing the Cadet Corps Marching to Dinner, The Medical Department of the University of Texas is located at Galveston. The oldest of all these institu- tions is the Agricultural and Mechanical College, which owes its origin to an Act of Congress passed in 1862, by which Texas was entitled to 180,000 acres of public land, provided she established within five years a college in which should be taught military science, agriculture, and the mechanic arts. This college opened in 1876. The University of Texas is the largest school in ‘the entire South and compares favorably with any state uni- versity in the United States. All of these institutions are under the control of boards of regents, who elect their faculties and determine their policies. These boards of regents are appointed by the governor. 146 CIVICS: TEXAS AND FEDERAL A Bird’s Eye View of the Campus of the University of Texas, Showing the Principal Buildings. THOUGHT QUESTIONS 1. Upon what principle is a wealthy man without children compelled to pay a school tax? . 2, Why is a public school system necessary to perpetuate a republican form of government? 3. When was this principle first recognized by Texans? 4, Explain what is meant by the perpetual school fund? The permanent school fund? The available school fund? 5. Which of these funds can never be decreased? 6. What is a maintenance school fund? A building fund? A sinking fund? 7. What advantage is gained by organizing an independent school district where admissible? 8. Under what conditions may a school be organized within an organized district, and be managed and supported inde- pendently of the district? 9. How is a rural high school organized? 10. What is the function of state normals? Under what control are they? CHAPTER XXV HOW OUR SCHOOLS ARE CONTROLLED The School System. It matters not into what part of the State we may go we find a school waiting for us. When we enter any of the schools of the common school districts we find that the teachers are following the oa 3 3 Courtesy of Dallas News. Main Building of the College of Industrial Arts, Denton. same course of study, and are using the same text books. This is not true in many states, with the result that when people move from one district to another their children are often put back in their classes, and are required to buy an entirely new set of books. The schools of Texas are organized into a good system that is the biggest part of the machinery of the State. In 1918 there were 27,358 people teaching in the public schools of 147 College of INdustrial Arts, Denton. 148 CIVICS: TEXAS AND FEDERAL 149 Texas, and the total expenditures for the schools amounted to more than twice all the appropriations made by. the Legislature, to carry on every other department of the government for the following year. The schools do not receive the attention that they merit because they do their work so quietly. State Superintendent of Public Tcceuont At the head of this great system of schools is the state superin- tendent of public instruction. It is his duty to study the schools of the State and to suggest their needs to the governor and Legislature. He travels to all parts of the State in the cause of better schools and advises with school officers. He represents the school system of the State in its relations to other states. He provides for the examination of teachers and grants certificates to teach to those who have the requisite qualifications. He hears appeals on questions of school law from the decisions of boards of education in counties, cities, and independ- ent districts. He prepares courses of study for use in the common school districts and in rural high schools. Through his office the state available school fund is apportioned to the counties, cities, and independent dis- tricts. He approves all reports of receipts and disburse- ments of the school funds of the counties and independ- ent districts. The State Board of Education. This board consists of the governor, secretary of state, and comptroller of public accounts. The state superintendent is ex-officio secretary. It hears appeals from the decisions of the state superintendent of public instruction in matters of school law. It has charge of investing the permanent school fund. It determines each year what the state avail- able school fund is, and by dividing this amount by the number of scholastics in the State during the preceding May, when the school census was taken, it fixes the an- nual apportionment of the school fund for that year. iii‘, 150 CIVICS: TEXAS AND FEDERAL The State Normal Schools CIVICS: TEXAS AND FEDERAL 151 The Rural Schools The schools in the common school districts are under the immediate control of local boards of trustees. But in each county there is a county board of education, consisting of five members, elected at the general school trustee election on the first Saturday in Aprii, for a term of two years. These mem- bers are so classed by lot that two are elected one year and three the next. They’ must be resident taxpaying vote * in their respective precincts. The county board has general supervision over the schools of the county. It classifies them into primary, intermediate, and high schools, prescribes courses of study, apportions the state and county funds, and may consolidate common school districts for the purpose of organizing rural high schools. It may also arrange to give free tuition to eligible high school pupils in nearby high schools. City and Independent District Schools. Independent district, and city schools are under the control of local boards of trustees, usually consisting of seven members whose term of office is two years, and who are classed so that the terms of four expire one year and those of the other three the next year. In most cases they are elected on the first Saturday in May. Houston and a few other cities have their school boards appointed by the city commission, or by the city council. Members of all school boards must be able to read and write intelli- gently in the English language, and to read, compre- hend, and interpret the school laws of Texas. Women are eligible to election to the board of trustees in cities or independent districts. The board of trustees elects for one or two years a qualified educator to serve as the superintendent of the schools, under such regulations as it may prescribe. : Our Teachers. The character of a school is due very largely to the teachers. It is therefore necessary to , 15P CIVICS: TEXAS AND FEDERAL throw such safeguards around the teacher’s profession that only competent persons may be employed as teach- ers. All persons teaching in the public schools of Texas must hold certificates valid in the places where they teach. City superintendents and teachers of such special subjects as foreign languages, stenography and type- writing, domestic science, manual training, writing, drawing, and music, need not hold certificates. Teachers’ Certificates The State grants several dif- ferent kinds of certificates to those wishing to teach in its schools. Those that are valid for four and six years are called temporary certificates. ‘There are two kinds of permanent certificates permanent and permanent pri- mary. Permanent certificates indicate a proficiency ia f Bird’s Eye View of Prairie View State Normal and Industrial College. all high school subjects, except foreign languages, and entitle the holders to teach in any elementary or high school. Permanent primary certificates indicate pro- ficiency in the elementary branches and entitle the hold- ers to teach in any elementary school. In order to re- ceive a permanent certificate one must make an average grade of 85 per cent in his examination. There are cer- tificates granted for a limited period of time, known as first grade certificates and second grade certificates. First grade certificates indicate a proficiency in high school mathematics, history, English, civics, and the CIVICS: TEXAS AND FEDERAL 153 sciences as well as in the elementary branches and entitle the holders to teach in rural and city high schools and in the elementary grades. Second grade certificates in- dicate proficiency in the elementary branches, includ- ing agriculture, and entitle the holders to teach in the elementary schools. In order to receive a first grade or a second grade certificate the applicant must make in his examination not less than 50 per cent in any subject, and a general average of 75 per cent or more. How the Examinations Are Held. In each county there is a county board of examiners consisting of two teachers holding first or higher grade certificates. They are appointed by the county superintendent and hold of- fice subject to his pleasure. On the first Friday and Sat- urday of June, September, and December, and at such other times as may be appointed by the state superin- tendent, this board holds teachers’ examinations. The questions are prepared under the direction of the state superintendent of public instruction and are sent in sealed packages to the county superintendent. In the presence of those wishing to take the examinations the examiners break the seals and take out the questions, which are then distributed to the applicants. Any person over 16 years of age who is recommended by the county superintendent and who pays a fee of two dollars may take these exam- inations. The papers of those seeking second grade cer- tificates, good only in the county, are examined and graded by the county examiners. Those who make the grades required by law are granted certificates by the county superintendent on the recommendation of the county examiners. The papers of all applicants for first grade or permanent certificates, or for second grade state certificates, must be sent to the State Department of Edu- cation to be graded by the State Board of Examiners. Those who pass this examination receive their certificates from the state superintendent of public instruction. Is 154 UiV1CS: TEXAS AND FEDERAL 1918 nearly 70 per cent of all certificated teachers in the State held state certificates. State Board of Examiners. This board consists of three or more competent teachers of Texas appointed by the state superintendent of public instruction to serve during his pleasure. It grades the examination papers forwarded by county superintendents. The state superin- tendent follows the reeommendations of this board in the matter of granting certificates to the applicants. It also determines what colleges are of sufficient standing to warrant granting state certificates to their graduates without examination. Certificates Issued Without Examination. Students who complete certain prescribed work in the University of Texas, the College of Industrial Arts, and the State Normal Schools of Texas, and of certain other colleges and universities recognized as first class by the State Board of Examiners, may receive from the State Depart- ment of Education teachers’ certificates. Graduates of Peabody College for Teachers at Nashville, Tenn., can have their diplomas recorded in the State Department si Education and receive from it a permaner: ertificate. Graduates of certain colleges in other States, a:. i holders of permanent certificates of the highest rank issued by other States, may.also receive certificates ‘from the state superintendent of public instruction, good in Texas. Summer Normal Instifutes. In order to assist those wishing to secure certificates to teach, or to review cer- tain branches under competent instructors, simmer nor- mal institutes are held in various parts of the state. Reg- ulations are p escribed by the state superintendent of public instruction, and those institutes that conform to them are recognized by him. At the close of all recog- nized sum-ner normal institutes, state examinziions are held, ana all the papers of the applicants a1e sent to ee ne Se 8 CIVICS: TEXAS AND FEDERAL 155 Austin, where they are examined and graded by a special board of examiners appointed for that purpose by the state superintendent, certificates being issued by the state superintendent of public instruction to successful appli- cants. The number of members of the Summer Normal Board of Examiners varies from twenty to thirty. They are appointed annually and their terms expire when they have graded all the papers that come to them from the summer normals. They are generally in session about six weeks and grade from five to eight thousand sets of papers. THOUGHT QUESTIONS 1. How are our schools controlled? 2. Who formulates a course of study for the common schools? For rural high schools? 3. How is “practical uniformity secured in courses of study? 4. How may pupils living near a rural high school, but not residents of the high school district, obtain free tuition in it? How may pupils living near a city high school obtain free tuition in it? 5. Can a woman become a trustee of a common school district? 6. Can a woman become a member of a board of county school trustees? Why not? 7. Why has Texas favored Peabody Normal graduates more than those of many other normals outside this State? CHAPTER XXVI THE STATE AND ITS UNFORTUNATES Inhuman Conditions That Once Prevailed. The care shown its unfortunate citizens by a State is a measure of its enlightenment. We remember reading in our his- tory how Georgia was first settled as an asylum for the poor. debtors in English jails. In those days, when a person could not pay his bills, he was put in jail and kept there until his friends were able to pay them, which was often for years. It was not until 1861 that impris- onment for debt ceased in England. In colonial days, there are records of cases where people, guilty of what we would now term petty misdemeanors, had their ears cropped, their tongues slitted, their foreheads branded, and for many crimes were put to death. Until recent years, in some of the States, the insane were confined in the prisons along with the worst criminals. The blind and the deaf and dumb, idiots, and orphans, were left to depend on alms begged from those who passed by, or to the charity of their more fortunate neighbors. Texas was fortunate in entering on her career as a State, iate enough to profit by the mistakes of the older States, “and so to escape blotting her history with such acts of inhumanity. She has always taken an advanced position in the care of her unfortunates. Hospital for the Insane. In 1856 the Legislature ap- propriated one hundred thousand acres of public land for a hospital for the insane, and the following year the first institution of its kind in Texas was opened at Austin. Since then hospitals for the insane have been established at Terrell and at San Antonio. The annual cost of operating these institutions is over a million dollars. 156 CIVICS: TEXAS AND FEDERAL avs The Deaf and Dumb. At the same time that the Leg- islature made its appropriation of land for a hospital for the insane, it appropriated an equal amount for an institute for the deaf and dumb, and located it at Austin. In reality there are two institutes, one for white youths, The Deaf and Dumb Institute. and one for colored youths. In these institutes, by a slow, painstaking process, the children are taught to under- stand what those about them are saying, by watching the motion of their lips, and to talk with the aid of finger sign. When they leave the institutes they are self-sup- porting and prepared to creditably care for themselves. The Blind. The State School for the Blind at Austin has been in operation since 1857. The blind colored children ars cared for at the Colored Deaf and Dumb Institute, located in Austin. In the blind school, children who have never seen a ray of light are taught to ready by means of books with raised letters that they feel with their fingers, and to write on the typewriter. They learn to play the piano and other musical instruments. They are taught various useful trades, such as broom making, on i 158 CIVICS: TEXAS AND FEDERAL basketry, and knitting, by which they are enabled to earn a living when they complete their course and leave the school. Broom Making at the Blind Institute for Whites. Al! Persons in the Picture, Including the Teacher, Are Totally Blind. The Orphans’ Home The State maintains at Corsi- cana a home for its children who have lost both parents. This was also built with a grant of one hundred thou- sand acres of public land. Before leaving the home each child learns some trade, such as stenography, dressmak- ing, millinery, agriculture, etc., in order that each student may be able to support himself and become a useful citizen. Other State Institutions At Abilene, Texas main- tains a hospital for her epileptics, where there are sev- eral hundred inmates. She has also established a state sanitarium for those afflicted with tuberculosis, being one of the first States in the Union to take this step. It is ex- i Nl CIVICS: TEXAS AND FEDERAL 159 pected that this institution, which is located at Carlsbad, near San Angelo, will reduce the death rate considerably as a result of caring for consumptives in a hospital where they can be surrounded with every condition conducive toa recovery. It is a well known fact that consumption in its first stages can be so treated as to be cured. At ratesville there is an institution for training boys who re guilty of petty crimes and misdemeanors. Also boys under the age of 16 years convicted of felonies are sent to this institution. Many of those sent there become good, useful citizens as the result of the training received. The State Penitentiaries Texas formerly owned two penitentiaries, one at Huntsville and the other at Rusk. The Rusk plant has been converted into an insane asylum for negroes. Formerly, many convicts were leased to contractors, who paid the State a certain price for their labor and then got out of them all the work that was possible. Beginning with 1912, all convicts are being worked for the State’s benefits. Texas now owns several large farms, aggregating over fifty thousand acres, and it is on them that most of the State convicts are worked. The change from the leasing system to the present one was one of the most commendable steps that has ever been taken in connection with the care of the State’s unfortunate citizens, and deserves the fullest approval of every good citizen. THOUGHT QUESTIONS. . What is a penal institution? An eleemosynary institu- tion? A school for delinquents? A school for defectives? What is a hospital? Locate one. What is a sanitarium? Locate one. Where is the State Epileptic Colony? What is an orphans’ home? Locate an orphans’ home supported by the State. Locate an orphans’ home supported by a secret order. &. Locate an orphans’ home supported by a church. 9. What commendable changes have been made in the treat- ment of convicts? 10. Locate the penitentiaries of Texas. ND UB WD CHAPTER XXVII SOME CIVIC PROBLEMS Monopoties and Trusts. The growth of manufactur- ing in this country resulted in such keen competition that often the products were sold with little profit to the manufacturers. To remedy this evil a plan of combin- ing was devised. When a number of firms and corpora- tions, engaged in the same business, enter into an agree- ment for the purpose of regulating the supply and price of commodities, they are said to form a trust. Some- times a holding corporation is formed for the purpose of taking over a controlling interest in. each separate firm or corporation. In other cases there is only an un- derstanding between the different parties; this is known as a “gentleman’s agreement.’ The advantages of a trust are that it does away with ruinous competition and effects many economies in the conduct of the separate businesses, but these advantages seldom reach the con- sumers. It is easy for a trust to become a menace to so- ciety by driving out of business smaller and weaker com- petitors. It thus monopolizes some trade or industry, and is enabled thereby to raise prices arbitrarily. This is accomplished by acts in restraint of trade, such as refusing to sell its products to those who decline to agree not to handle those of competitors, or by refusing to buy raw materials except at prices established by it- self. Both the Federal government and separate States have passed anti-trust laws. The Texas laws are among the most stringent and have resulted in ousting from the State several trusts, and in the collection of large fines. Public Health During the past few years this ques- tion has received much attention, and many helpful laws have been enacted. The more thickly settled a com- 160 CIVICS: TEXAS AND FEDERAL 161 munity is, the more difficult it is to guard the health of its citizens. The enforcement of the various health laws is in charge of the State Board of Health and the State Health Officer. Every county and city has similar offi- cials who make health regulations for the safeguard of its own citizens. Before entering the public schools of some cities, all children are required to be vaccinated as a protection from small-pox. In case of an epidemic of some contagious disease like scarlet fever, diphtheria, measles, meningitis, etc., the health authorities may close the schools, churches, and theatres, and even quarantine against all other places. To attempt to evade such a quarantine is a very serious offense. The law requires that all cases of contagious diseases shall be reported promptly to the health authorities. This enables them to quarantine the buildings where the infected are and to prevent a spread of the disease. Because of the mild and dry climate that abounds in parts of the State, many persons suffering with consumption go there for relief. Some of these consumptives are restored to health, while others have their lives prolonged for years. To protect those who come in contact with these consumptives the law requires all railway cars to be disinfected frequently, forbids sweeping in them without the use of something to prevent dust, and forbids the use of common drinking cups in public places, and spitting on sidewalks, or on the floors of cars, public buildings, ete. Knowing that the mosquito is the cause of the spread of malaria and yellow fever, and the house fly of typhoid fever and possibly other diseases, special efforts are now being -made to get rid of these insects. Every citizen owes it to his own health to codperate with the health officers in destroying them, and especially their breeding places. Pure Foods. Desire for larger profits leads to plac- ing on the market many adulteratec. misbranded, or 162 CIVICS: TEXAS AND FEDERAL impure foods. Veal is canned and sold as chicken, beef sausage is offered as “all pork,” apple parings are mixed with strawberries to make “pure strawberry pre- serves,’ milk is kept sweet by the use of preservatives, tomato catsup is colored with artificial colors, and even grain and flour and sugar are adulterated. Conditions became so bad in 1906 that the Congress of the United States passed the “Pure Food Law.” Since then Texas and most of the other States have enacted similar laws Laboratory of the Dairy, Food, and Drug Commissioner, Where Foods Are Tested for Impurities and Misbranding. with very beneficial results. The enforcement of the pure food laws of our State is in charge of the Dairy, Food, and Drug Commissioner. He and his assistants travel over the State, visiting stores, dairies, bakeries, and food manufactories, and they secure samples oi articles sus- pected of being sold in violation of the law. At the Capt CIVICS: TEXAS AND FEDERAL 163 tal they have laboratories where they examine these sam- ples and, if found impure, misbranded, or adulterated, they prosecute the dealers or manufacturers. They also cooperate with the local authorities in seeing that the legal standards of purity, quantity, and cleanliness are maintained. As a result of their work and that of similar officers employed by the National Government, we know what we are getting when we buy articles of food, and we are protected from diseases caused by foods unfit to eat. The Liquor Question Formerly, intoxicating liquors were sold by nearly every general merchant and grocer, just as molasses or vinegar are nowadays; and bars, or tap rooms, were found in every inn. In those days there was little agitation of the liquor questions, and even the clergy used liquors in moderation. With the establish- ment of the saloon and a tendency on the part of many to drink liquors to excess, the control of the liquor busi- ness has become a perplexing civic problem. In general, there are three methods of regulating it: the tax license system, by which saloons may be licensed in the towns and cities under prescribed conditions; the local option system, under which-towns, counties, or precincts may, by popular vote, prohibit the sale of liquors within their borders ; and state-wide prohibition, under which the manufacture as well as the sale of intoxicants is prohib- ited throughout the whole State. Under the tax license system the fee for a license varies greatly, being very ‘low in Wisconsin and very high in New York. Most of the States have local option. When a county votes “dry” the sale of liquor in all towns situated in it is forbidden, even though they may favor saloons. If the county goes “wet,” separate precincts and towns may forbid saloons. As a rule no saloon is permitted near school houses, churches, or parks, and the number of licenses granted is limited. In most States the sale of liquor is forbidden 164 CIVICS: TEXAS AND FEDERAL on Sundays and on election days; and their sale at any time is forbidden to minors and habitual drunkards. ‘Twenty-five States now have state-wide prohibition of the manufacture and sale of liquors as beverages. The Thirty-fifth Legislature of Texas enacted the ten- mile zone law, desired by Federal officials as a measure to protect soldiers against saloon evils. It also enacted a statutory state-wide prohibition law. This Legislature also ratified the proposed “National Prohibition Amend- ment.” This amendment will become effective through- out the United States January 19; 1920. The Thirty-sixth Legislature of Texas proposed a constitutional prohibition amendment, to be voted on May 24, 1919. Hereafter, Texas office seekers will have to have some other merit than that of being “Pros or Antis.” The Good Roads Movement. In the early days of our Republic roads were built by the National Goverr- ment to facilitate the carrying of the mails and com- merce between the States. But many years ago the building of roads was left to local authorities, or to private companies. As a rule the public roads were not well made and they were indifferently kept. On the other hand the “turnpike” or toll roads, built by private concerns, were well constructed and always kept in good condition. But every few miles there were gates and toll houses and all travelers using them were required to pay tolls. This collection of tolls caused much dis- content. During recent years the counties have taken over nearly all the toll roads and bridges, and made them free. Today there are 12,900 miles of surfaced high- ways in Texas, and 132,000 graded public roads. The surfaced roads are finished with shell, gravel, macadam, CIVICS: TEXAS AND FEDERAL 165 asphalt rock, crushed rock, or sand clay, and cost, on an average, two thousand dollars a mile for their con- struction. As we have learned, the Constitution allows a special tax of fifteen cents on the $100 for road build- ¥ Courtesy of Dallas News. A Good Road in Grayse~ Zounty. ing. The general use of the automobile has impressed on the people everywhere the need of good roads. Not only have many roads been impassible for automobiles at all seasons of the year, but they have even been im- passable for any kind of traffic at certain seasons. People have learned that better roads mean that the farm- 166 ‘CIVICS: TEXAS AND FEDERAL er can haul much heavier loads to market with the same teams and thus reduce the cost of transportation; that the value of land is increased through its being made more easily accessible; and that they aid in the settle- ment of the country by making possible consolidated schools and free mail delivery. Many Texas counties and precincts have voted bonds for good roads in fact, up to January, 1912, bonds for over ten mil- lion dollars had been is- sued for this purpose. The roads are built, either through Courtesy of Dallas News. the labor of prea ae : convicts, or by the employment of modern machinery. After being built, they need to be kept in repair. Many counties use the split-log drag, which can be made at a few dollars cost, and can be operated at a cost of about five dollars a day. THOUGHT QUESTIONS ° What is a monopoly? What is a trust? Are there any “good trusts?” What is a “gentleman’s agreement?” ’ What is meant by raw material? What State has the most stringent anti-trust laws? Do anti-trust laws temporarily harm a State?) How? Name some of the duties of a health officer. Name four contagious diseases. How can the spread of contagious diseases be + hecked‘ State how a constimptive may be cured ‘ _ +e SOKWIA MR 11. are ca 2s 13, PART ONE 167 What precatitions should always be taken where there ses of tuberculosis? What is meant by quarantining a place? Why should you not use a drinking cup used by an- other person? i 22. hibitio 23: 24, What causes the spread of malaria? What causes the spread of typhoid fever? How can these evil agencies be destroyed? State a few pure food laws. Name a few foods frequently adulterated. What is meant by local option? What is meant by a dry town? A wet town? Why do we have a law to close saloons on election days? How many times has Texas voted on State-wide pro- ne What are the advantages of a consolidated school? How do good roads help make good schools? CONSTITUTION OF THE pie E Ole mab SAS ADOPTED BY THE CONSTITUTIONAL CONVENTION CONVENED AT AUSTIN, SEPTEMBER 6, 1875, AND RATIFIED BY THE PEOPLE, FEBRUARY 15, 1876. PREAMBLE. Humbly invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitution. ARTICLE I. BILL OF RIGHTS. . That the general great, and essential principles of liberty and free government may be recognized and established, we declare: SECTION 1. Texas is a free and Independent State, subject only to the Con- stitution of the United Stetes; and the maintenance of our free institutions and the perpetuity of the4 Union depend upon the preservation of the right of local selt- government unimpaired to all the States. SEC. 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of govemn- ment, and, subject to this limitation only, they have at all times the inalienable vight to alter, reform, or abolish their government in such manner as they may think expedient. SEC. 3. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privi- leges, but in consideration of public services. \ SEC. 4. No religious test shall ever be required as a qualification of any office, ‘\ or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments provided he acknowledges the existence of a Supreme Being. SEC. 5. No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions, or for want of any religious belief, but all oaths or affirmations shall be administered*in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury. SEC. 6. YAil men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his” conser No human authority ought, in any case whatever, to control or interfere with the hts of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship. SEC. 7. No money shall be appropriated or drawn from the treasury for the jones of any- sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes SEC, 8. yery person shall be at liberty to speak, write, or publish his opinions on any subject, being yvesponsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publications of papers investigating the conduet of officers or men in_ public capacity, or when the mnratter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the fact, under the direction of the court, as in other cases. SEC. 9. The people shall be secure, in their persons, houses, papers and pos- sessions, from all unreasonable seizures or searches, and no warrant to search any piace, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation. SEC, 10. In all criminal prosecutions, the accused shall have a speedy public 168 ( \ \ ments ever be in force CIVICS: TEXAS AND FEDERAL 169 trlal by an impartial Jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not bé compelled to give evidence against ‘himself. He shall have right of being heard by himself or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. And no person shall be held to answer for a criminal offense, unless on indictment of a Grand Jwy, except in cases in which the punishment is by fine or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. SEC. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found, upon examination of the evidence in such man- ner as may be prescribed by law. SEC. 12. The writ of habeas corpus is a writ of right, and shall never he sus- pended. The Legislature shall enact laws to render the remedy speedy and effectual. Oe SEC. 13. Excessive bail shall not be reauired, nor excessive fines imposed, nor eruel or unusual punishment inflicted. All courts shall be open, and every person. for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law. . SEC. 14. No person, for the same offerise, shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction. SEC. 15. The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. SEC. 16. No bili of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. SEC. 17. No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the con- sent of such person: and, when taken, except for the use of the State, such com- pensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileses and franchises granted by the Legislature. or created under its authority, shall be subject to the control thereof. SEC. 18. No person shall ever be imprisoned for debt. SEC. 19. No citizen of this State shall be deprived of life, liberty, property, privileges, or immunities, or in any manner disfranchised, except by the due course of the law of the land. SEC. 20. No person shall be outlawed; nor shall any person be transported out of the State for any offense committed within the same. SEC. 21. No conviction shali work corruption of blood, or forfeiture of estates and the estates of those who destroy their own lives shall descend or vest as in case of natural death. SEC. 22. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, cr on confession in open court. SEC. 23. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power by law to regu~ ate-the wearing of arms, with a view to prevent crime. ~ SEC. 24. The military shall at all times be subordinate to the civil authority. SEC. 25. No soldier shall, in time of peace, be quartered in the house of any eitizen without the consent of the owner, nor in time of war, but in a manner pre- scribed by law. SEC. 26. Perpetuities and monopolies are contrary to the genius of a free gov- ernment, and shall never be allowed; nor shal! the law of primogeniture or entall- in this State. SEC. 27. The citizens shall have the right, in a peaceable manner, to assemble \ \osether for their common good, and apply to those invested with the powers. of government for redress of grievances or other purposes, by petition, address, -or Temonstrance. \) SEC. 28. No power or suspending laws in this State shall be exercised except by the Legislature. SEC. 29. To guard against transgressions of the high powers herein delegated, we declare that everything in this ‘“‘Bill of Rights’’ is excepted out of the generai powers of government, and shaJl forever remain inviolate, and ali laws contrary +hereto, or to the following provisions, shall be void. 170 CIVICS: TEXAS AND FEDERAL ARTICLE II. THE POWERS OF GOVERNMENT. SEC. 1. The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body ef magistracy, to wit: Those which are legislative to one, those which are ex- ecutive to another, and those which are judicial to another; and no person, or collec+ tion of persons being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. ARTICLE III. LEGISLATIVE DEPARTMENT. 8EC. 1. The legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled ‘“‘The Legislature of the State of Texas.” SEC. 2. The Senate shall consist of thirty-one members, and shall never be increased above this number. The House of Representatives shall consist of ninety- three members until the first apportionment after the adoption of this Constitution, when, or’ at any apportionment thereafter, the number of Representatives may be ies sed by the Legislature, upon the ratio of not more than one Representative for every fifteen thousand inhabitants; provided, the number of Representatives shall never exceed one hundred and fifty. SEC. 3. The Senators shall be chosen by the qualified electors for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one-half of the Senators shall be chosen biennially thereafter. SEC. 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of their election. SEC. 5. The Legislature shall meet every two years, at such time as may he provided by law, and at other times, when convened by the Governor. SEC. 6. No person shall be a Senator, unless he be a citizen of the United States, and at the time of his election a qualified elector of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years. 7. No person shall be a Representative, unless he be a citizen of tho United States, and at the time of his election a qualified elector of this State, and shall have been a resident of this State two years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years. SEC. 8. Hach House shall be the judge of the qualifications and election of its own members; but contested elections shall be determined in such manner as shall be provided by law. HC 9. The Senate shall, at the beginning and close of each session, and at such other times as may be necessary, elect one of its members President pro tempore, who shall perform the duties of the Lieutenant-governor in any case of absence or disability of that officer, and whenever the said office of Lieutenant-governor shall be vacant. The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own mem- bers; and each House shall choose its other officers. SEC. 10. Two-thirds of each House shall, constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. SEC. 11. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same offense. SEC. 12. Each House shall keep a journal of its proceedings, and publish the game; and the yeas and nays of the members of either House on any question shall at the desire of any three members present, be entered on the journals. SHC. 18. When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such ¥acancy within twenty days after it cecurs, the returning officer of the distrjct CIVICS: TEXAS’ AND FEDERAL U7 which such vacancy may have happened shall be authorized to order an election tor that purpose. “SEG. 14. Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislaturé and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened. SEC. 15. Each House may punish, by imprisonment, during its sessions, any person not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings; provided, such imprisonment shall not, at any one time, exceed forty-eight hours. SEG. 16. The sessions of each House shall be open, except the Senate, when in executive session. SEC. 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that where the Legislature may be sitting. SEC. 18. No Senator or Representative shall, during the term for which he may be elected, be eligible to any civil office of profit under this State which shall have been created or the emoluments of which may have been increased during such term; no member of either House shall, during the term for which he is elected, be eligible to any office or place, the appointment to which may be made, in whole or in part, by either branch of the Legisiature; and no member of either House shall vote for any other member for any office whatever, which may be filled by a vote of the Legislature, except in such cases as are in this Constitution provided. Nor shall any member of the Legislature be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected. SEC. 19. No judge of any court, Secretary «f State, Attorney-general, clerk of any court of record, or any person holding a lucrative office under the United States, or this State, or any foreign government, shall, during the term for which he is elected or appointed, be eligible to the Legislature. SEC. 20. No person who at any time may have been a collector of taxes, or who may have been otherwise intrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, or for all public moneys with which he may have been intrusted. SEC. 21. No member shall be questioned in any other place for words spoken in debate in either House. SEC. 22. A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. SEC. 2 If any Senator or Representative remove his residence from the dis- trict or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in Section 13 of this Article. SEC. 24. The members of the Legislature shall receive from the public treasury such compensation for their services as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session; and after that snot exceeding two dollars per day for the remainder of the session; except the first session held under this Constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each House shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land, regardless of railways or water routes; and the Comptroller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be estab- lished, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session 25. The State shall be divided into senatorial districts of contiguous y, according to the number of qualified electors, as nearly as may be, and tach district shall be entitled to elect one Senator, and no single county shall be entitle? to more than one Senator. SEC. 26 The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate representative district, and when two or more counties are required to make up the yatio of representation, such counties shall be contiguous to each other; and Na! 172 CIVICS: TEXAS AND FEDERAL when any one county has more than sufficient population to be entitled to one » more Representatives, such Representative or Representatives shall be apportioned to such county. and for any surplus of population it may be joined in a representative district with uny other contiguous county or counties. SEC 27. Elections for Senators and Representatives shall be general through- out the State, and shall be regulated by law. SEC. 28. The Legislature shall, at its first session after the publication of each United States decennia) census, apportion the State into senatorial and representative districts, agreeably to che provisions of Sections 25 and 26 of this Article; and until the next decennial census, when the first apportionment shall be made by the Legis- lature, the State shall be and it is hereby divided into senatorial and representative districts, as providei by an ordinance of the Convention on that subject. PROCEEDINGS. SEC. £9. The enacting clause of all laws shall be: ‘Be it enacted by the Legislatu:e of the State of Texas.’ SFc. 30. No law shall be passed except by bill, and no bill shall be so amended in if, passage through either House as to change its original purpose. SEC. 31. Bills may originate in either House, and when passed by such House, yiay be amended, altered, or rejected by the other. SEC. 32. No bill shall have the force of law until it has beén read on three several days in each House, and free discussion allowed thereon; but in cases of imperative public necessity (which necessity shall be stated in a preamble, or in the body of the bill), four-fifths of the House in which the bill may be pending May suspend this rule, the yeas and nays being taken on the question of sus- pension, and entered upon the journals. SEC. 33. All bills for raising revenue shall originate in the House of Repre- sentatives, but the Senate may amend or reject them as other bills. SEC. 34. After a bill has been considered and defeated by either House of the Legislature, no bill containing the same substance shall be passed into a law during the same session. After a resolution has been acted on and defeated, no resolution containing the same substance shall be considered at the same session. SEC. 35. No bill (except general appropriation bills, which may embrace tho various subjects and accounts for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed. SEC. 36. No law shall be revived or amended by reference to its title; but In such case the act revived or the section or sections amended shall be re-enacted and published at length. a SEC. 37. No bill shall be considered, unless it has been first referred to a srommittee and reported thereon; and no bill shall be passed which has not been presented and referred to and reported from a conimittee at least three days before the final adjournment of the Legislature. SEC. 38. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read before signing; and the fact of signing shall be entered on the journals. SEC. 39. No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency, which emergency must be expressed in a preamble or in tne body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to’ be taken by yeas and nays, and entered upon the journals. SEC. 40. When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor ¢alling such session, or presented to them by the Governor; and no such session shall be of longer duration than thirty days. SEC. 41. In all’ elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers REQUIREMENTS AND LIMITATIONS SEC. 42. The Legislature shall pass such laws as may be necessary to carry inte effect the provisions of this Constitution. SEC. 43. The first session of the Legislature under this Constitution shall pro- vide for revising, digesting, and publishing the laws. civil and criminal; and a like .Fevision, digest, and publication may be made every ten years thereafter; provided, that in the adoption of and giving effect to any such digest or revision, the Legls- lature shall not be limited by Sections 35 aad 36 of this Article CIVICS: TEXAS AND FEDERAL 178 SEC. 44. The Legislature shall provide by law for the compensation of al? officers, servants, agents, and publie contractors, not provided for in this Constitution, but all not grant extra compensation to any officer, agent, servant, or public contractors, after such public service shall have been performed or contract entered into for the performance of the same; nor grant, by appropriation or other- wise, any amount of money out of the treasury of the State, to any individual, on a claim, real or pretended. when the same shall not have been provided for by pre- existing law; nor employ any one in the name of the State unless authorized by pre-existing law. SEC. 45. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by law; and the Legislature shall pass laws for that purpose. SEC. 46. The Legislature shall, at its first session after the adoption of this Constitution, enact effective vagrant laws. SEC. 47. The Legislature shall pass laws prohibiting the establishment of lot- teries and t enterprises, in this State, as well as the sale of tickets in lotteries, gift enterprises, or other evasions involving the lottery principle, establishing or ex- isting in other States. SEC. 48. The Lezislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: The payment of all interest upon the bonded debt of the State; The erection and repairs of public buildings; The benefit of the sinking fund, which shall not be more than two per centum ef the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; The support of public schools, in which shall be included colleges and univer- sities established by the State; and the maintenance and support of the Agricultural and Mechanical Collese of Texas; The payment of the cost of assessing and collecting the revenue; and the pay- ment of all officers, agents, and employees of the State government, and all inci- dental expenses connected therewith; The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum, the State Cemetery, and the public grounds of the State; The enforcement of quarantine regulations on the coast of Texas; The protection of the frontier SiC. 49. No debt shall be created by or on behalf of the State, except to sunvply casual deficiencies of the revenne, repel invasion, suppress insurrection, defend the State in war, or pay existing debts; and the debt created to supply deficiencies in the revenue shall never exceed in the aggregate at any one time two hundred thou- sand dollars. SEC. 50. The Legislature shall have no power to give or to lend, or to author- ize the siving or lending, of the credit of the State in aid of, or to any person, tion, or corporation, whether municipal or other; or to pledge the credit of ite in any manner whatsoever, for the payment of the liabilities, present or pros- pective, of any indiyidual, association of individuals, municipal or other corporation whatsoever. SEC. 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public money to any individual, association of indi- viduals, municipal or other corporation whatsoever; provided, however, the Legisla- ture may grant aid to indivent and disabled Confederate soldiers and sailors who came to Texas prior to January 1, 1900, and their widows in indigent circumstances, and who have been bona fide residents of the State of Texas since January 1, 1900, and who were married to such soldiers and sailors anterior to January 1, 1900; to indisent and disabled soldiers, who under special laws of the State of Texas, during the war between the States, served for a period »* at least six months in organiza- tions for the protection of the frontier against indicn raids or Mexican marauders, and to indigent and disabled soldiers of the militia of the State of Texas, who were in active service for a period of at least six months during the war between the States, to the widows of such soldiers who are in indigent circumstances, and who were married to such soldiers prior to January 1, 1900, provided that the word ‘widow’ in the preceding lines of this section shall not apply to women born since 1861, and also to grant aid for the establishment and maintenance of a home for said soldiers and sailors, their wives and widows, and women who aided in the Confederacy, under such regulations and limitations as may be provided for by law; provided, the Legislature may provide for husband and wife to remain together in the home. The Lecislature shall have the power to levy and collect, in addition to all other _ taxes heretofore permitted by the constitution of Texas, a State ad valorem tax on groperty not exceeding 5 cents on the $100 valuation for the purpose of creating @ ages 174 CIVICS: ‘TEXAS AND FEDERAL special fund for the payment of pensions for services in the Confederate army and navy, frontier organizations and the militia of the State of Texas and for the widows of such soldiers serving in said armies, navies, organizations, or militia. Amend- ment to Art.. III, Section 51, Adopted Nov. 5, 1912. SEC. 52. The Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company, provided, however, that under legislative provisions any county, any political subdivision of a county, any number of adjoining counties, or any political subdivision of the State, or any defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include towns, villages or municipal corporations, upon a vote of a two-thirds majority of tho resident property taxpayers voting thereon who are qualified electors of such district or territory to be affected thereby, in addition to all other debts, may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city, or town shall never exceed the limits imposed by other provisions of this Constitution, and levy and collect such taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, as the Legislature may authorize, and in such manner as they may authorize the same, for the following purposes, to-wit: (a) The improvement of rivers, creeks and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes. (b) ‘The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof. (c) The construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof. Amendment adopted Nov. 8, 1904. SEC. 53. The Legislature shall have no power to grant, or to authorize any county or municipal authority to grant, any extra compensation, fee, or allowance to a public officer, agent, servant, or contractor, after service has been rendered, or a contract has been entered into, and performed in whole or in part; nor pay, wor authorize the payment of any claim created against any county or municipality of the State, under any agreement or contract, made without authority of law. SEC. 54. The Legislature shall have no power to release or alienate any lien held by the State upon any railroad, or in any wise change the tenor or meaning, or pass any act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired. SEC. 55. The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this State, or to any county, or other municipal corporation therein. SEC. 56. The Legislature shall not, except as otherwise provided in this Con- stitution, pass any local or special law, authorizing: The creation. extension, or impairing of liens; Regulating the affairs of counties, cities, towns, wards, or school districts; Changing the name of persons or places; changing the venue in civil or crimi- nal cases; Authorizing the laying out, opening, altering, or maintaining ‘of roads, highways. streets, or alleys; Relating to ferries and bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other State; Vacating roads, town plats, streets, or alleys: Relating to cemeteries, graveyards, or public grounds not of the State; Authorizing the adoption or legitimation of children; Locating or changing county seats; Incorporating cities, towns, or villages, or changing their charters; For the opening and conducting of elections, or fixing or changing the places of voting; Granting divorces; Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts; Changing the law of descent or succession; Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, com- missioners, arbitrators, or other tribunals, or. providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate; CIVICS: TEXAS AND FEDERAL 175 Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates, or constables; Regulating the management of public schools, the building or repairing of school- houses, and the raising of money for such purposes; Fixing the rate of interest; Affecting the estates of minors, or persons under disability; Remitting fines, penalties, and forfeitures, and refunding moneys legally paid into the treasury; Exempting property from taxation; Regulating labor, trade, mining, and manufacturing; Declaring any named person of age; Extending the time for the assessment or collection of taxes, or otherwise re- lieving any assessor or collector of taxes from the due performance of his official duties, or his securities from liability; Giving effect to informal or invalid wills or deeds; Summoning or impaneling grand or petit juries; For limitation of civil or criminal actions; For incorporating railroads or other work of internal improvements; And in all other cases where a general law can be made applicable, no loca or special law shall be enacted; provided, that nothing herein contained shall be construed to prohibit the Legislature from passing’ special laws for the preservation of the game and fish of the State in certain localities. SEC. 57. No local or special law shall be passed, unlesss notice of the inten- tion to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the Legislature of such bill, and in the manner-to be provided by law. The evidence of such notice having been published shall be exhibited in the Legislature before such act shall be passed. SEC. 58. The Legislature shall hold its sessions at the city of Austin, which is hereby declared to be the Seat of Government. ARTICLE Iv. EXECUTIVE DEPARTMENT. SECTION 1. The Executive Department of the State shall consist of a Governor, who shall be the chief Executive Officer of the State, a Lieutenant-governor, Sec- retary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office, and Attorney-general. SEC. 2. All the above officers of the Executive Department (except Secretary of State) shall be elected by the qualified voters of the State at the time and places of election for members of the Legislature SEC. 3. The returns of every election for said Executive Ofifcers, until other- wise provided by law, shall be made out, sealed up. and transmitted by the return- ing officers prescribed by law, to the Seat of Government, directed to the Secretary of State, who shall deliver the same to the Speaker of the House of Representatives, as soon as the Speaker shall be chosen; and the said Speaker shall, during the first week of the session of the Legislature, open and publish them in the presence of both Houses of the Legislature. The person, voted for at said election, having the highest number of votes for each of said offices respectively, and being constitutionally eligible, shall be declared by the Speaker, under sanction of the Legislature, to be elected to said office. But if two or more persons shall have the highest and an equal number of votes for either of said offices, one of them shall be immediately chosen to such office by joint vote of both Houses of the Legislature. Contested elections for either of said offices shall be determined by both Houses of the Legis- lature in joint session. SEC. 4. The Governor shall be installed on the first Tuesday after the organiza~- tion of the Legislature, or as soon thereafter as practicable, and shall hold his office for the term of two years, or until his successor shall be duly installed. He shall be at least thirty years of age, a citiezn of the United States, and shall have resided in this State at least five years immediately preceding his election. SEC. 5. He shall, at stated times, receive as compensation for his services an annual salary of four thousand dollars, and no more, and shall have the use and occupation of the Governor’s mansion, fixtures, and furniture. SEC. 6. During the time he holds the office of Governor he shall not hold any , other office, civil, military, or corporate; nor shall he practice any profession, and receive compensation, reward, fee, or the promise thereof, for the same; nor receive any salary, reward, or compensation, or the promise thereof, from any person or corpo- ration, for any service rendered or performed during the time he is Governor, or to ba thereafter rendered or performed, 176 CQiviCS: TEXAS AND FEDERAL SEC. f’. Me shail be commander-in-chief of the military forces of the State, except when they are called into actual service of the United States: He shall have oower to call forth the militia to execute the laws of the State, to suppress insur rections, repel invasions,:and protect the frontier from hostile incursions by Indians or other predatory bands. SEC. 8. The Governor may, on extraordinary occasions, convene the Legislature at the Seat of Government, or at a different place in case that should be in posses- sion of the public enemy, or in case of the prevalence of disease thereat. His proc- Jamation therefor shall state specifically the purpose for which the Legislature is convened. SEC. 9. The Governor shall, at the commencement of each session of the Lesis- lature, and at the close of his term of office, give to the Legislature information, by message, of the condition of the State, and he shall recommend to the Lezislature such measures as he may’ deem expedient. He shall account to the Legis are for all public moneys received and paid out by him from any funds subject to his orde, with vouchers; and shall accompany his message with a statement of the same. And at the commencement of each regular session he shall present estimates of the amount of money required to be raised by taxation for all purposes. 10. He shall cause the laws to be faithfully executed; and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the State with other States and with the United States. SEC. 11. In all criminal cases, except treason and impeachment, he shall have power, after conviction, to grant reprieves, commutations of punishment, and pardo and, under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. With the advice and consent of the Senate, he may grart par- dons in cases of treason, and to this end he may respite a sentence therefor, until the close of the succeeding session of the Legislature; provided, that in all cases of temissions of fines and forfeitures, or grants of reprieve, commutation of punishment. ‘or pardon, he shall file in the office of the Secretary of State his reasons therefor. SEC. 12. All vacancies in State or district offices, except members of the Legis- lature, shall be filled, unless otherwise provided by law, by appointment of the Gov- ernor, which appointment, if made during its session, shall be with the advice and consent of two-thirds of the Senate present. If made during the recess of the Senate, the said appointee, or some other person to fill such vacancy, shall be nominated to the Senate during the first ten days.of its session. If rejected, said office shall im- mediately become vacant, and the Governor shall, without delay, make further nomt- nations, until a confirmation takes place. But should there be no confirmation during the session of the Senate, the Governor shall not thereafter appoint any person to fill such vacancy who has been rejected by the Senate; but may appoint some other person to fill the vacancy: until the next session of the Senate, or until tho regular election to said office, should it sooner occur. Appointments to vacancies in offices elective by the people shall only continue until the first general election thereafter. SEC. 13. During the session of the Legislature the Governor shall reside where its sessions are held, and at all other times at the Seat of Government, except when. by act of Legislature, he may be required or authorized to reside elsewhere. SEC. 14. Every bill which shall have passed both Houses of the Lezislature shall be presented to the Governor for his approval. If he approves he shall sign it; but if he disapprove it, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large upon its journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present agree to pass the bill, it shall be sent, with the objections, to the other House, by which likewise it shall be reconsidered; and if approved by two-thirds of the members of that House, it shall become a law; but in sch cases the votes of both Houses shall be determined by yeas and nays, and the names of the members veting for and against the bill shall be entered on the journal of each House re- spectively. If any bill shall not be returned by the Governor with his objections within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return; in which case it shall be a law, unless he shall file the same, with his objections, in the office of the Secretary of State, and give notice thereof by public proclamation, within twenty days after such adjournment, If any bill presented to the Governor .contains several items of appropriation, he may object to one or more of such items, and approve the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and no item so objected to shall take effect. If the Levige lature be in session he shall transmit to the House in which the bill originated a copy of such statement, and the items objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-thirds of the members present of cach House, the same shall be part of the law, notwithstanding the ob- CIVICS:. TEXAS AND “EDERAL 177 jections of the Governor. If any such bill, containing several items of appropriation, not haying been presented to the Governor ten days (Sundays excepted) prior to ad- journment, be in the hands of the Governor at the time of adjournment. he shall have tweaty days from such adjournment within which to file objections to any items eof and make proclamation of the same, and such item or items shall not take oz vote to which the concurrence of both iy, cept on questions of adjournment, shall be presented to t Goveinor, and, bet it shall take effect, shall be approved by him; or. being disapproved, shall be passed by both Houses; and all the rules, provisions, and limitations shall apply thereto as prescribed in the last preceding section in the case ‘of a biil SEC. 15. Every order, resolut?: Houses of the Legislature may be neces SEC. 16. There shall also be a Lieutenant-Governor, who shall be chosen at every election for Gove.nor by the same electors, in the same manner, continue in oifice the same time, and possess the same qualifications. The electors shall distinguish for whom they vote as Governor and for whom as Lieutenant-Governor. Tie Lieutenant-Governor shall by vi:tue of his office be President of the Senate, and shall have, when in Committee of the Whole, a right to debate and vote on all ques- tions; and when the Senate is equaliy 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 shall exercise the powers and authority appertaining to the office of Governor until another be chosen at the periodical election, and be duly qualified; or until the Governor impeached, absent, or disabled, shall be acquitted, return, or his disability be removed. SEC. 17. If, during the vacancy in the office of Governor, the Lieutenant-Gov- ero: should die, resign, refuse to seive, or be removed from office, or be unable to serve, or if he shall be impeached or absent from the State, the President of the Senate, for the time being, shall, in like manner, administer the government until he shall be superseded by a Governor or Lieutenant-Governor. The Lieutesant-Governor shall, while he acts as President of the Senate, receive for his services the same colupensation and mileage which shall be allowed to the members of the Senate, and no more; and during the time he administers the government, as Governor, he shall receive in like manner the same compensation whieh the Governor would have received had be been employed in the duties of his office, and no more ‘The Presi- dent, for the time being, of the Senate, shall, during the time he administers the government, receive in like manner the same compensation which the Governor would have received had he been employed in the duties of his office. SEC. 18: The Lieutenant-Governor or President of the Senate succeeding to the office of Governor shall, during the entire term to which he may succeed, be under all the restrictions and inhibitions imposed in this Constitution on the Governor. SEC. 19. There shall be a Seal of the State, which shall be kept by the Secre- tary of State, and used by him officially under the direction of the Governor. Tho Seal of the State shall be a star of five points, encircled by olive and live-oak branches, and the words, ‘fhe State of Texas.’’ SEC. 20. All commissions shall be in the name and by the authority of the State of Texas, sealed with the State seal, signed by the Governor, and attested by the Secretary of State. SEC. 21. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall continue in offices: during the term of service of the Governor. He shall authenticate the pub- lication of the laws, and keep a fair register of all official acts and proceedings of the Governor. and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law. He shall receive for his services an annual salary of two thousand dollars, and no more. SEC. 22. The Attorney=General shall hold his office for two years, and until his successor is duly qualified. He shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time 178 CIVICS: TEXAS AND FEDERAL to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power or de- manding or collecting any species of taxes, tolls, freight, or wharfage, not authorized by law. He shall whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the Governor and other Executive Officers, when requested by them, and perform such other duties as may be requived by law. He shall reside at the Seat of Gov- ernment during his continuance in office. He sh&ll receive for his services an annual salary of two thousand dollars, and no more, besides such fees as may be prescribed by law; provided, that the fees which he may receive shall not amount to more than two thousand dollars annually. SEC. 23. The Comptroller of Public Accounts, the Treasurer, and the Commis- sioner of the General Land O office for the term of two years, and until his successor is qualified; ry of two thousand and five hundred dollars, and no mor side at the capital of the State during his continu- ance in office; and perform such duties as are or may be required of him by law. They and the Secretary of State shall not receive to their own use any fees, costs, or perquisites of office. All fees that may be payable by law for any service performed by any officer specified in this section, or in his office, shall be paid, when received, into the State treasury. SEC. 24. Anwaccount shall be kept by the officers of the Executive Department, and by all officers~and Managers of S itutions, of all moneys and choses in action received and disbursed or otherwise disposed of by them, severally, from all sources, and for every service performed; and a semi-annual report thereof shall be made to the Governor under oath. The Governor may, at any time, require information in writing from any and all of said officers or managers, upon any subject relating to the duties, condition, management, and expenses of their respective offices and in- stitutions, which information shall be required by the Governor under cath, and the Governor may also inspect their books, accounts, vouchers, and public funds; and any officer or manager who, at any time, shall willfully make a false report, or give false information, shall be guilty ‘of perjury, and so adjudged and punished accordingly, and removed from office. SEC. 25. The Legislature shall pass efficient laws facilitating the investigation of breaches i trust and duty by all custodians of public funds, and providing for their suspension from office on reasonable ca shown, and for the appointment of tempo- rary incumbents of their offices during such suspension. SEC. 26. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of notaries public for each county, who shall perform such duties as now are or may be prescribed by law. ARTICLE Y. JUDICIAL DEPARTMENT. SECTION 1. The judicial powers of this State shall be ves sted in _one aos Court, in Gans of Civil Appeals, in a Court of Criminal Appeals z in County Courts, in Commissioners’ Courts, in Courts in such Otfer Courts as may be provided by law. The ¢ yeston and Harris counties shall continue with the district jurisdiction, and organization now existing by law until otherwise provided by law. The L lature may establish such other courts as it may deem necessary, and prescribe the jurisdiction and organi- zation thereof, and may conform the jurisdiction of the district and other inferior courts thereto. SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and the concurrence of two judges shall be necessary to the decision of a case. No person shall be eligible to the office of Chief Just ociate Justice of the Supreme Court unless he be. at the time of his election, a citizen of the United States and of this State. and unless he sball have attained the age of thirty year and shall have been a practicing lawyer or a judge of a court, or such lawyer and judge together, at least seven years. Said Chief Justice and Associate Justices shall be elected by the qualified voters of the State at a general election, shall hold their offices or until their successors are elected and qualified, and shall each receive an annual salary of four thousand dol- lars until otherwise provided by law. Th case of a vacancy in the office of Chief Jus- tice of the Supreme Court, the Governor shall fill the vacancy until the next general CIVICS: TEXAS AND FEDERAL 179 election for State officers, and at such general election the vacancy for the unexpired term shall be filled by election by the qualified voters of the State. The judges of the Supreme Court who may be in office at the time this amendment takes effect shall continue in office until the expiration of their term of office under the present Con- stitution, and until their successors are elected and qualified. SEC. 38. The Supreme Court shall have appellate jurisdiction only, except as herein specified, which shall be co-extensive with the limits of the State. Its appel- late jurisdiction shall extend to questions of law arising in cases in which the Courts of Civil Appeals have appellate jurisdiction, under such restrictions and regulations as ihe Legislature may prescribe. Until otherwise provided by law, the appellate juris- diction of the Supreme Court shall extend to questions of law arising in the cases in the Courts of Civil Appeals in which the judges of any Court of Civil Ap- peals 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 mandamus, procedendo, certicrari, and such other writs as may be necessary to enforce its jurisdiction. ‘The Legislature may confer original 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 matters of fact as may be necessary to the proper exer of its jurisdiction. The Supreme Court shall sit for the transaction of business from the first Monday in October of each year until the last Saturday of June in the next year, inclusive, at the capital of the State. The Supreme 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 of said court, who shall receive such compensation as the Legislature may provide. SEC. 4. The Court of Criminal Appeals shall consist of three judges, any two of whom shall constitute 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 salaries 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. SEC. The Court of Criminal Appeals shall have appellate jurisdiction co- extensive 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 shall have the power to issue the writ of habeas corpus, and, under such ‘Yegulations as may be perseribed 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 busin from the first Monday in October to the last Saturday of June in each year, at the State capital and two other places (or the capital city), if the Legislature shall hereafter so provide. The Court of Criminal Appeals shall appoint a clerk at such place at which it may sit, and each clerk shall give bond in such manner as is now or may hereafter be required by law, and who shall hold his office for four years unless sooner removed by the court for good cause, entered of record on the minutes vf said court. SEC. 6. The Legislature shall, as soon as practicable after the adoption -of this amendment, divide the State into not less than two nor more than _ three supreme judicial districts, and thereafter into such additional districts as the increase of population and business may require, and shall establish a Court of Civil Appeals in each of said districts, which shall consist of a Chief Justice and 180 CIVICS: TEXAS AND FEDERAL two Associate Justices, who shall have the qualifications as herein prescribed for justices of the Supreme Court. Said Court of Civil Appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all civil s of which the District Courts or County Courts have origi- nal or appellate jurisdiction, under such restrictions and regulations as may be prescribed by Jaw; provided, that the decision of such courts shall be conclusive of all questions of fact brought before them on appeal or error. Each of said Courts of Civil Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at-.such time as may be prescribed by law. Said justices shall be elected by the qualified voters of their respective districts, at a general election, for a term of six years, and shall receive for their services the sum of three thousand five hundred dollars per annum until otherwise provided by law. Said courts shall have such other jurisdiction, original and appellate, as may be pre- scribed by law. Each Court of Civil Appeals shall appoint a clerk, in the same manner as the clerk of the Supreme Court, which clerk shall receive such com- pensation as may be fixed by law. Until the organization of the Courts of Civil Appeals and Criminal Appeals, as herein provided for, the jurisdiction, power, and organization and location of the Supreme Court, the Court of Appeals, and the Commission of Appeals shall continue as they were before the adoption of this amendment. All civil cases which may be pending in the Court of Appeals shall, as soon as practicable after the organization of the Courts of Civil Appeals, be certi- fied to and the records therecf transmitted to the proper Courts of Civil Appeals, to be decided by said courts. At the first session of the Supreme Court, the Couit of Criminal Appeals, and such of the Courts \of Civil Appeals which may be hereafter created under this Article after the first election of the judges of such courts under this amendment, the terms of office of the judges of each court shall be divided into three classes, and the justices thereof shall draw for the different classes. Those who shall draw class No. 1 shall hold their offices for two years, those drawing class No. 2 shall hold their offices for four years, and those who may draw class No. 3 shall hold their offices for six years from the date of their election and until their successors are elected and qualified; and thereafter each of the said judges shall hold their office for six years, as provided by this Constitution. SEC. 7. The State shall be divided into as many judicial districts as may now or hereafter be provided by law, which may be increased or diminished by Jaw. For each district there shall be elected by the qualified voters thereof, at a general election, a judge, who shall be a citizen of the United States and of this State; who shall have been a practicing lawyer of this State or a judge of a court in this State for four years next preceding his election; who shall have resided in the district in which he was elected for two years next preceding his election; who shall reside in his district during his term of office; who shall hold his office for the period of four years, and shall receive for his services an annual salary of two thousand five hundred ‘fllars, until otherwise changed by law. He shall hold the regular terms of his court at the county seat of each county in his district at least twice in each year, in such manner as may be prescribed by law. The Legislature shall have power by general or special laws, to authorize the holding of special terms of the court, or the holding of more than two terms in any county, for the dispatch of busi- ness. The Legislature shall also provide for the holding of District Court when the judge thereof is absent, or is from any cause disabled or disqualified from presiding. The District Judges who may be in office when this amendment takes effect shall hold their offices until their respective terms shall expire under their present election or appointment. ° SEC. 8. The rict t shall have original jurisdiction of all criminal cases of the grade of felony: in all suits in behalf of the State to recover penalties, forfeitures and escheats; of all cases of divorce; of all misdemeanors involving official misconduct; of all suits to recover damages for slander’ or defamation of character; of all suits for trial of title to land and for the enforcement of liens thereon; of all suits for the trial of the right of property levied upon by virtue of any writ of execution, sequestration, or attachment when the property levied on shall be equal to or exceed in value five hundred dollars; of all suits, com- plaints, or pleas whatever without regard to any distinction between law and _ equity, when the matter in controversy shall be valued at or amount to five hundred dollars, exclusive of interest; of contested elections; and said court and the judges. thereof shall have power to issue writs of habeas corpus, mandamus, injunction, and certiorari, CIVICS: TEXAS AND FEDERAL 181 and all writs necessary to enforce their jurisdiction. The District Court shall have appellate jurisdiction and general control in probate matters over the County Cowt established in each county, for appointing guardians, granting letters testamentary and of administration, probating wills, for settling the accounts of executo ad- ministrators, guardians, and-minors, under such regulations as imay be prescribed by law. The District Court shall have (appellate jurisdiction and general supervisory control over the County Commissioners’ Court, with such exceptions and under such regulations as may be prescribed by law; and shall. have general original jurisdiction over all causes of action whatever for which a remedy or jurisdiction is not provided by law or this Constitution, and such other jurisdiction, original and appeilate, as may be provided by law. Amendments of Sections 1, 2, 3, 4, 5, 6, 7, 8 (Art. V), declared adopted September 22, 1891. SEC. 9. There shall be a clerk for the District Court of each county, who shall be elected by the qualified voters for the State and county officers, and who shall hold his office for two years, subject to removal by information, or by. in- dictment of a grand jury, and conviction by a petit jury. In case: of vacancy the judge of the District Court shall have the power to appoint a clerk, who shall hold until the office can be filled by election. SEC. 10. In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be impaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for sueh sum, and with such exceptions as may be prescribed by the Legislature. * SEC. 11. No judge shall sit in any case wherein he may be interested, or when either of the parties may be connected with him either by affinity or con- sanguinity, within such a degree as may. be prescribed by law, or when he shall have been counsel in, the ¢ When the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, or any member of either, shall be thus dis- qualified to hear and determine any case or cases in d court, the same sha . be certified to the Governor of the State, who shal immediately commission the requisite number of persons learned in the law, for the trial and determination of such cause or causes. When a judge of the District Court is disqualified by any of the- causes above stated, the parties may, by consent, appoint a proper per- son to try said case; or. upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. And the District Judges may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when required by law. This disquali i of judges of inferior tribunals shall be reme- died, and vacancies in their offices filled as may be prescribed by law. SEC. 12. All judges of courts of this State [shall], by virtue of their office. be conservators of the peace throughout the State. The style of all writs and process shall be ‘‘The State of Texas.’ All prosecutions shall be carried on in the name and by the authority of “The State of Texas,’’ and shall conclude ‘‘against the peace and dignity of the State.’’ Amendment of Sections 11 and 12, (Art. V), declared adopted September 22, 1891. SEC. 18. Grand_and=petit juries in the District Courts shall be composed of twelve men; but nine members of a grand jury shall be a quorum to tr et busi- ness and present bills. In trials of civil cases, and in trials of criminal cases below. the grade of felony, in the District Courts, nine members of the jury, con- curring, may render a verdict; but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. When. pending the trial of any case, the remainder of the jury shall have the power to render the verdict: provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. SEC. 14. The judicial districts in this State and the time of hoiding the courts therein are fixed by ordinance forming part of this Constitution, until other- wise provided by law. SEC. 15. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State: shall be a conservator of the peace, and shall hold his office for two 182 CIVICS: TEXAS AND FEDERAL years; and until his successor shall be. elected and qualified. He shall receive as & compensation for his services such fees and perquisites as may be prescribed by law. SEC. 16. The County Court shall ‘have original jurisdiction of all misde- emeanors, of which exclusive original jurisdiction is not given to the J Courts, as the same is now or may hereafter be prescribed by law, and wl fine to be imposed shall exceed two hundred dollars; and they shall have ey jurisdiction in all civil cases when the matter in controversy shall exceed in value two hundred dollars, and not exceed five hundred dollars, exclusive of interest; and concurrent jurisdiction with the District Court, when the matter in controversy shall exceed five hundred dollars and not exceed one thousand dollars, exclusive of interest; but shall not have jurisdiction of suits for the recovery of land. shall have appellate jurisdiction in cases, civil and criminal, of which Justice’s Courts have original jurisdiction, but of such civil cases only when the judgment of the court appealed from shall exceed twenty dollars, lusive of costs, such regulations as may be prescribed by law. In all appe from Justic cg there shall be a trial de novo in the County Court, and appeals may be prosecuted from the final judgment rendered in such cases by the County Court, as well as all cases, civil and criminal, of which the County Court has exclusive or concurrent or original jurisdiction (of civil appeal) in civil cases to the Court of Civil Appee and in such criminal cases to the Court of Criminal Appeals, with such e and under such regulations as may be prescribed by law. The County Court shall have the general jurisdiction of a Probate Court. They shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators, and guardians, transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the settlement, partition, and distribution of estates of deceased persons, and to apprentice minors, as provided by law; and the County Court, or judge thereof, shall have power to issue writs of injunction, mandamus, and all writs necessary to the enforcement of the jurisdiction of said court; and to issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the County Court, or any other court or tribunal inferior to said court. The County Court shall no thave criminal jurisdiction in any county where there is a Criminal District Court, unless expressly conferred by law; 4 such counties appeals from Justice’s Courts and other inferior courts and tri in criminal cases, shall be to the Criminal District Court, under such regulations ag may be prescribed by law, and in all such cases an appeal shall lie from such District Court to the Court of Criminal Appeals. When the judge of the County Court is disqualified in any case pending in the County Court, the parties interested may by eonsent appoint a proper person to try said case, or, upon their failing to do s0, a competent person may be appointed to try the same in the county where It is pending, in such manner as may be prescribed by law. Amendment of Section 16, (Art. V), declared adopted September 22, 1891. SHC. 17. The County Court shall hold a term for civil business at least once im every two months, and shall dispose of probaté business, either in term-time or vacation, as may ke provided by law; and said court shall hold a term for criminal business once in every month, as may be provided by law. Prosecutions may be com- menced in said court by information filed by the County Attorney, or by affidavit, as may be provided by law. “Grand juries impaneled in the District Courts inquire into misdemeanors, and all indictments therefor returned into the Dis Courts shall forthwith be certified to the County Courts, or other inferior courts having jurisdiction to try them, for trial; and if such indictment be quashed in the County or other inferior court, the person charged shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer information or afiidavit. A jury in the County Court shall consist of six men; but no jury shall be impaneled to try a civil case, unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. SEC. 18. Each organized county in this State, now or hereafter existing, shall be divided from time to time, for the convenience of the people into precincts, not Jess than four and not more than eight. The present County Courts shall make the first division. Subsequent divisions shall be made by the Commissioners’ Court, CIVICS: TEXAS AND FEDERAL ~ 183 provided for by this Constitution. In each such precinct there shall be elected, at each biennial election, one Justice of the Peace and cne Constable, each of whom aball hold his office for two years, and until his suecessor shall be elected and provided, that in any precinct in which there may be a city of eight or more inhabitants, there shall be elected two Justices of the Peace. E county shall in like manner be divided into four commissioners’ precincts, in each of which there shall be elected, by the qualified voters thereof, one County Commissioner, who shall hold his office for two years, and until his successor shall be elected and qualified. The County Commissioners so chosen, with the Judge, Cee shall compose the County Commissioners’ Court, shall uch powers and jurisdiction over all county business as is by this NGonsunrion and the Jaws of this State, as may be hereafter @ y or fine to Ne imposed ie law may not be more than for a nd in vil matters of all cases where the amount in con- red do s or less, exclusive of interest, of which exclusive is not given to the District or County Courts; and such other and civil, as may be provided by law, under such regulations Jaw; and appeals to the County Courts shall be allowed Justice’s Courts where the judgment is for more than of costs, and in all criminal cases, under such regula- by law. And the Justices of the Peace shall be nd they shall held their courts at such times and places be pre shall be elected for each county, by the qualified voters, a ll hold his office for two years, who shall be Clerk of the @ issioners’ Courts and Recorder of the county, whose duties, per- es, and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissioners’ Court, until the next general election for county and State officers; provided, that in counties having a population of Jess than eight thousand persons there may be an election of a single clerk, who shall perform the duties of District and County Clerks. SEC. 21. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of two years. In case of vacancy, the Commissioners’ Court of the county shall have power to appoint a County Attorney until the next general election. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in Which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The Lesislature may provide for the election of District Attorneys in such districts be deemed necessary, and make provision for the compensation of District and County Attorneys; provided, District Attorneys shall receive an annual salar ive hundred dollars, to be paid by the State, and such- fees, commissions, and Arenas es as may be provided by law. County Attorneys shall receive as eom- pensation only such fees, commissions, and perquisites as may be prescribed by law. SEC. 22. The Legislature shall have power, by local or general law, to in- crease, diminish, or change the civil and criminal jurisdiction of County Courts; and in cases of any such change of jurisdiction the Legislature shall also conform ihe jurisdiction of the other courts to such change. SEC. 23. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of two years, whose duties, and per- quisites, and fees of office shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners’ Court until the next general election for county or State officers. SC. 24. County Tudzes, County Attorneys, Clerks of the District and County Courts, Justices of the Peace, Constables, and other county officers, may -be re- moved by the judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writi and the finding of its truth by a jury. SEC, 25. The Supreme Court shall have power te make and establish rules: SEC. 20. There 184° CIVICS: TEXAS AND FEDERAL of procedure, not inconsistent with the laws of the State, for the government of sia | court, and other courts of this State, to expedite the dispatch of business therein. Amendment of Section 25, (Art. V), declared adopted September 22, 1891. SEC. 26. The State shall have no right of appeal in criminal cases. SEC. 27. The Legislature shall, at its first session, provide for the trausfer of all business, civil and criminal, pending in District Courts, ‘over which jurisdiction is given by this Constitution to the County Courts, or other inferior courts, to such County or inferior courts, and for the trial or disposition of all such causes by such County or other inferior courts. SEC. 28. Vacancies in the office of judges of the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, and District Courts, shall be filled by the Governor until the next succeeding general election; and vacancies in the office of County Judge, and Justices of the Peace, shall be filled by the Com- missioners’ Court, until the next general election for such offices. Amendment of Section 27, (Art. V), declared adopted September 22, 1891. SEC. 29. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Com- missioners’ Court of the county under authority of law, and sueh other terms each year as may be fixed by the Commissioners’ Court; provided, the Commissioners’ Court of any county having fixed the time and number of terms of the County Court, shall not change the same again until the expiration of one year. Said court shall dispose of probate business either in term-time or vacation, under such regulations as may be prescribed by law. Prosecutions may be commenced in said courts in such manner as is, or may be, provided by law, and a jury therein shall consist of six men. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August, and November, and may Temain in session three weeks. Amendment of Section 29, (Art. V), declared adopted September 25, 1883, ARTICLE VI. SUFFRAGE. SECTION 1. The following classes of persons shall not be allowed to Vote in this State, to-wit: First. Persons under twenty-one years of age. Second. Idiots and lunatics. Third. All paupers supported by any county. Fourth. All persons convicted of any felony, subject to such exceptions as the Legislature may make. Fifth. All soldiers, marines, and seamen employed in the service of the army or navy of the United States. SEC. 2. Every male person subject to none of the foregoing disqualifications, who shall have attzined to the age of twenty-one years, and who shall be a citizen of the United States, and who shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall -be deemed a qualified elector; and every male person of foreign birth sub- ject to none of the foregoing disqualifications, who, not less than six months before any election at which he offers to wote, shall have declared his intention to become a citizen of the United States in accordance with the Federal naturalization laws, and shall have resided in the State one year next preceding such election and the last six months in the county in which he offers to vote shall also be deemed a qualified elector; and all electors shall vote in the election precinct of their residence; provided, that electors living in any unorganized county may vote at any election precinct in the county to which such county is attached for judicial purposes; and provided, further, that any voter who is subject to pay a poll tax under the laws of the State of Texas shall have paid said tax before he offers to vote at any election in this State and hold a receipt showing his poll tax paid before the first day of February next preceding such election. Or, if said voter shall have lost or misplaced said tax receipt, he shall be entitled to vote upon making affidavit before any officer authorized to administer oaths that such tax receipt has been lost. Such affidavit shall be made in writing and left with the judge of the election. And this provision of the Constitution shall be self-enacting without the necessity of further legislation, Adopted November 8, 1902. CIVICS: TEXAS AND FEDERAL 185 SEC, °. All quaiifled voters ~? the State, who shall have resided for six months immediately preceding an election within the limits of any city or corporate town, shal} have the right to vote for Mayor and all other elective officers; but in all elections to determine expenditure of money, or assumption of debt, only those shall be qualified to vote who pay taxes on property in said city or incorporated town; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the persons debarred from voting in relation thereto. SEC. 4. In al! elections by the people the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets, and make such other regu- lations as may be necessary to detect and punish fraud, and preserve the purity of the ballot box; and the Legislature may provide by law for the registration of all yoters in ali cities containing a population of ten thousand inhabitants or more. Amendment of Sec. (Art. VI), declared adopted September 22, 1891. SEC. 5. Voters sha in all cases, except treason, felony, or breach of the peace, be privileged ¢ than every two years. Amendment of Section 5, (Art. XI), adopted Nov. 5, 1912. SEC. 6. Counties, cities, and towns are authorized, in such mode as may now or may hereafter be provided by law, to levy, assess, and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any indebtedness heretofore legally made and undertaken; but all such taxes shall be assessed and collected separately from that levied, assessed, and collected for current expenses of municipal government, and shall when levied specify in the act of levying the purpose thereof; and such taxes may be paid in -the coupons, bonds, or other indebtedness tor the payment of which such tax may have been levied. SEC. 7. All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized, upon a vote of two-thirds of the tax-payers therein (to be ascertained as may be provided by law), to levy and collect such tax for construc- tion of sea-walls, breakwaters, or sanitary purposes, as may be authorized by law, and may create a debt for such works and issue bonds in evidence thereof. But no debt for any purpose shall ever be incurred in any manner by any city or county, unless provision is made, at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least twe per cent, as a sinking fund; and the condemnation of the right of way for the erection of such works shall be fully provided for. SEC 8. The counties and cities on the Gulf coast being subject to calamitous overflows, and a very large proportion of the general revenue being derived from those other prosperous localities, the Legislature is especially authorized to aid by donation of such portion of the public domain as may be deemed proper, and in such mode as may be provided by law, the construction of sea-walls, or breakwaters, such aid to be proportioned to the extent and value of the works constructed, or to be constructed, in any locality SEC. 9. The property of counties, cities, and towns owned and held only for public purposes, such as public buildings and the sites therefor, fire engines and the furniture thereof, and all property used or intended for extinguishing fires. public grounds, and all other property devoted exclusively to the use and_ benefit of the public, shall be exempt from forced sale and from taxation; provided, nothing herein shall prevent the enforcement of the vendor’s lien, the mechanic’s or builder’s lien, or other liens now existing. 192 CIVICS: TEXAS AND FEDERAL SEC. 10. The Legislature may constitute any city or town a separate and inde- pendent school district. And when the citizens of any city or town have a charter, authorizing the city authorities to levy and collect a, tax for the support and main- tenance of a public institution of learning, such tax may hereafter be levied and collected. if at an election held for that purpose, two-thirds of the tax-payers of such city or town shall vote for such tax. ARTICLE XII. PRIVATE CORPORATIONS. SECTION 1. No private corporations shall be created except by s.neral laws. SEC. 2. General laws shall be enacted providing for the creati of private corporations, and shall therein provide fully for the adequate protecticn of the publie and of the individual stockholders SEC. 8. The right to authorize and regulate freichts, tolls, wharfage, or fares levied and collected or proposed to be levied and collected by individuals, compani or corporations, for the use of highways, landings, wharves, brides, and _ ferries, devoted to public use, has never been and shall never be relinquished or abandoned by the State, but shall always be under legislative control and depend upon legis- lative authority. SEC. 4. The first Legislature assembled after the adoption of this Consti- tution shall provide a mode of procedure by the Attorney-general and District or County Attorneys, in the name and behalf of the State, to prevent and punish the demanding or collection of any and all charves as freight, wharface, fares, or tolls, for the use of property devoted to the public, unless the same shall have been specially authorized by law. SEC. 5. \Jl laws. granting the right to demand and collect freishts, fares, tolls, or wharfage shall at all times be subject to amendment, modification, or repeal by the Wegislature. SEC 6. No corporation shall issue stock or bonds except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void. SEC. 7. Nothing .in this Article shall be construed to divest or affect rizhts guaranteea by any existing grant or statute of this State, or of the Republic of ARTICLE XIII. SPANISH AND MEXICAN LAND TITLES. SECTION 1. All fines, penalties, forfeitures, and escheats, which have heretofore accrued to the Republic and State of Texas, under their constitutions and_ laws, shall accrue to the State under this Constitution; and the Legislature shall provide a method for determining what lands have been forfeited, and for giving effect to escheats; and all such rights of forfeiture and escheats to the State shall, ipso facto, inure to the protection of the innocent holders of junior titles, as provided in Sections 2, 3, and 4. of this Article. SEC. 2. Any claim of title or right to land in Texas, issued prior to the 13th day of November, 1835, not duly recorded in the county where the land was sit~ uated at the time of such record, or not duly archived in the General Land Office, or not in the actual possession of the grantee thereof, or some person claiming under him, prior to the accruing of junior title thereto from the sovereignty of the soil, under circumstances reasonably calculated to give notice to said junior grantee, has never had, and shall not have, standing or effect against such junior title, or color of title, acquired without such or actual notice of Such prior claim of title or right; and no condition annexed to such grants, not archived, or recorded, or occupied as aforesaid, has been, or ever shall be released or waived, but actual per- formance of all such conditions shall be proved by the person or persons claiminy under such title or claim of rivht in order to maintain action thereon, and the holder of such junior title, or color of title, shall have all the rivhts of the govern- ment which have heretofore existed, or now exist, arising from the non-performance of all such conditions. SEC. 3. Non-payment of taxes on any claim of title to land, dated prior to the 13th day of November, 1835, not recorded or archived, as provided in Section 2, by the person or persons so claiming, or those under whom he or they so claim, from that dato up to the date of the adoption of this Constitution, shall be held CIVICS: TEXAS AND FEDERAL "193 to be a presumption that the right thereto has reverted to the State, and that sald claim is a stale demand, which presumption shall only be rebutted by payment of all taxes on said lands, State, county, and city or town, to be assessed on the fair value of such lands by the Comptroller. and paid to him, without commutation or deduction for any part of the above period. SEC. 4. No claim of title or right to land, which issued prior to the 13th day of November, 1835, which has not been duly recorded in the county where the land was situated at the time of such record, or which has not been duly archived in the General Land Office, shall ever hereafter be deposited in the General Land Office, or recorded in this State, or delineated on the maps, or used as evidence in any of the courts of this State, and the same are stale claims; but this shall not effect such rights or presumptions as arise from actual possession. By the words, “duly recorded,’’ as used in Sections 2 and 4 of this Article, it is meant that such claim of title or right to land shall have been recorded in the proper office, and that mere errors in the certificate of registration, or. informality. not affecting the faimess and good faith of the holder thereof, with which the record was made, shall not be held to vitiate such record. SEC. 5. All claims, locations, surveys, grants, and titles, of any kind, which are declared null and void by the Constitution of the Republic or State of Texas, are, and the same shall remain forever, null and void. SEC. 6. The Legislature shall pass stringent laws for the detection and con- viction of all forgers of land titles, and may make such appropriations of money for that purpose as may be necessary. SEC. 7. Sections 2, 3, 4, and 5 of this Article shall not be so construed as to set aside or repeal any law or laws of the Republic or State of Texas, releasing the claimants of headrights of colonists of a league of land, or less, from com- pliance with the conditions on which their grants were made. ARTICLE XIv. PUBLIC LANDS AND LAND OFFICE. SEC. 1. There shall be one General Land Office in the State, which shall be at the Seat of Government, where all land titles which have emanated or may here- after emanate from the State shall be registered, except those titles the registration of which may be prohibited by this Constitution. It shall be the duty of the Lesis- lature at the earliest practicable time to make the Land Office self-sustaining, and from time to time the Legislature may establish such subordinate offices as may be deemed necessary. SEC. 2. All unsatisfied genuine land certificates barred by Section 4, Article 10, of the Constitution of 1869, by reason of the holders or owners thereof failing to have them surveyed and returned to the Land Office by the first day of January, 1875, are hereby revived. All unsatisfied genuine land certificates now in existence shall be surveyed and returned to the General Land Office within five years after the adoption of this Constitution, or be forever barred; and all genuine land cer- tificates hereafter issued by the State shall be surveyed and returned to the General Land Office within five years after issuance, or be forever barred; provided, that all genuine land certificates heretofore or hereafter issued shall be located, surveyed, or patented only upon vacant and unappropriated public domain, and not upon any land titled or equitably owned under color of title from the sovereignty of the State, evidence of the appropriation of which is on the county records or in the General Land Office; or when the appropriation is evidenced by the occupation of the owner, or of some person holding for him. SEC. 3. The Legislature shall have no power to grant any of the lands of this State to any railway company except upon the following restrictions and conditions: First. That there shall never be granted to any such corporation more than sixteen sections to the mile, and no reservation of any part of the public domain for the purpose of satisfying such grant shall ever be made. Second. That no land certificate shall be issued to such company until they have equipped, constructed, and in running order at least ten miles of road; and on failure of such company to comply with the terms of its charter, or to alienate its land at a period to be fixed by law, in no event to exceed twelve years from the issuance of the patent, all said land shall be forfeited to the State and become a portion of the public domain, and liable to location and survey. The Legislature shall pass general laws only, to give effect to the provisions of this section. SEC. 4. No certificate for land shall be sold at the Land Office except to actual settlers upon the same, and in lots not to exceed one hundred and sixty acres. SEC. 5. All lands heretofore or hereafter granted to railway companies, where 194: CIVICS: TEXAS AND FEDERAL the charter or law of the State required or shall heveafter require their alienation within a certain period, on pain of forfeiture, or is silent on the subject of forfeiture, and which lands have not been or shall not hereafter be alienated, in confromity with the terms of their charters, and the laws under which the grants were made, are hereby declared forfeited to the State and subject to pre-emption, location, and survey, as other vacant lands. All lands heretofore granted to said railroad compa- nies, to which no forfeiture was attached on their failure to alienate, are not included in the foregoing clause; but in all such last-named cases it shall be the duty of the Attorney-general, in every instance where alienations have been or hereafter may be made, to inquire into the same, and if such alienation has been made in fraud of the rights of the State, and is colorable only, the real and beneficial interest being still in such corporation, to institute legal proceedings in the county where the Seat of Government is situated, to forfeit such lands to the State, and if such alienation be judicially ascertained to be fraudulent and colorable as aforesaid, such lands shall be forfeited to the State and become a part of the vacant public domain, liable to pre-emption, location, and survey. SEC. 6. To every head of a family without a homestead there shall be donated one hundred and sixty acres of public land, upon condition that he will select and locate said land, and occupy the same three years, and pay the office fees due thereon. To all single men of eighteen years of age and upward shall be donated eighty acres of public land, upon the terms and conditions prescribed for heads of families. SEC. 7. The State of Texas hereby releases to the owner or owners of the soil all mines and minerals that may be on the same, subject to taxation as other property. ‘ SEC. 8. Persons residing between the Nueces River and the Rio Grande, and owning grants of land which emanated from the government of Spain, or that of Mexico, which grants have been recognized and validated by the State, by acts of the Legislature, approved February 10, 1852, August 15, 1870, and other acts, and who have been prevented from complying with the requirements of said acts by the unsettled condition of the country, shall be allowed until the first day of January, 1880, to complete their surveys, and the plots thereof, and to return their field notes to the General Land Office; and all claimants failing to do so shall be forever barred; provided, nothing in this section shall be so construed as to validate any titles not already valid, or to interfere with the rights of third persons. ARTICLE XV IMPEACHMENT. SECTION 1. The power of impeachment shall be vested in the House of Rep- resentatives. SEC. 2. Impeachment of the Governor, Lieutenant-governor, Attorney-general, Treasurer, Commissioner of the General Land Office, Comptroller, and the Judges of the Supreme Court, Court of Appeals, and District Court, shall be tried by the Senate. SHC. 3. When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath, or affirmation, impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present, SEC. 4. Judgment in cases of impeachment shall extend only to removal from office. and disqualification from holding any office of honor, trust, or profit, under this State. A party convicted on impeachment shall also be subject to indictment, trial, and punishment, according to law. SEC. 5. All officers against whom articles of impeachment may be preferred shall be suspended from the exercise of the duties of their office, during the pen- dency of such impeachment. The Governor may make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment. SEC. 6. Any Judge of the District Courts of the State who is incompetent to @ischarge the duties of his office, or who shall be guilty of partiality, or oppression, cr other official misconduct, or whore habits and conducts are such as to render nim unfit to hold such office, or who shall negligently fail to perform his duties as judge, or who shall fail to execute in a reasonable measure the business in his «ourts, may be removed by the Supreme Court. The Supreme Court shall have eriginal jurisdiction to hear and determine the causes aforesaid when presented in writing upon the oaths, taken before some Judge of a Court of Record, of not less CIVICS: TEXAS AND FEDERAL cS) tnan ten lawyers, practicing 1n the courts held by such judge, and licansed to practice in the Supreme Court; said presentment to be founded either upon the knowledge of the persons making it or upon the written oaths as to the facts of creditable witnesses. The Supreme Court may issue all needful process and prescribe all needful rules to give effect to this section. Causes of this kind shall have precedence and be tried as soon as practicable. SEC. 7. The Legislature shall provide by law for the trial and removal fron: office of all officers of this State, the modes for which have not been provided ‘a this Constitution. ADDRESS. SEC. 8. The Judges of the Supreme Court, Court of Appeals, and District Courts, shall be removed by the Governor on the address of two-thirds of each House of the Legislature, for willful neglect of duty, incompetencey, habitual drunkenness, oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment; provided, however, that the cause or causes for which such removal shall be required shall be stated at length in such address and entered on the journals of each House; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense before any vote for such address shall pass; and in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each House respectively. ARTICLE XVL GENERAL PROVISIONS. SECTION 1. Members of the Legislature, and all officers, before they enter upon the duties of their offices, shall take the following oath vr affirmation: \)*I ( ) do solemnly swear (or affirm), that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ,» according to the best of my skill and ability, agreeably to the Constitution and laws of the United States and of this State; and I do further solemnly swear ‘or affirm), that since the adoption of the Constitution of this State, I, being a citizen of this State, have not fought a duel with deadly weapons, within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a ¢hallenge, or aided, advised, or assisted any person thus offending. And I furthermore solemnly swear (or affirm), that I have not directly, nor indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing. or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected Go if the office is one of appointment, to secure my appointment). So help me od.” SEC. 2. Laws shall be made to exclude from office, serving on juries, end from the right of suffrage, those who may have been or shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be protected by laws regulating elections, and prohibiting under -adequate pcnalties all undue influence therein from power, bribery, tumult, or other improper practice. SEC. 5. The Legislature shall make provisions whereby persons convicted of misdemeanors and committed to the county jails in default of payment of fines and costs, shall be required to discharge such fines and costs by manual labor, under such regulations as may be prescribed by law. SEC. 4. Any citizen of this State’ who shall, afrer the adoption of this Car- stitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall «act as second, or knowingly assist in any manner those thus offending, shall be de- pried of the right of suffrage, or of holding any office of trust or profit under his State SEC. 5. Every person shall be disqualified from holding any office of profit or trust in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment. SEC. 6. No appropriation for private or individual purposes shall be made. A regular statement, under oath, and an account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed by law. SEC. 7. The Legislature shall, in no case, have power to issue ‘Treasury 196 CIVICS: TEXAS AND FEDERAL Warrants,” ‘‘Treasury Notes,” or paper of any description intended to circulate as money. SEC. 8. Each county in the State may provide, in such manner as may be prescribed by law, a manual-labor poorhouse and farm, for taking) care of, managing, employing, and supplying the wants of its indigent and poor inhabitants. SEC. 9. Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the rivht of suffraze, or of being elected or appointed to any office, under the exzeptions coi.tained in this Constitution. SEC 10. The Legislature shall provide for deductions from the salaries of public officers who may neglect the performance of any duty that may be assigned them by Jaw. SEC. 11. All contracts for a greater rate of interest than ten per centum per annum shall be deemed usurious, and the first Legislature after this »mendment jis adopted shall provide appropriate pains and penalties to prevent the same; but when no rate of interest is agreed upon, the rate shall not exceed six per centum per annum. Amendment of Section 11, (Art. XVI), declared adopted September 22, 1891. SHC. 12. No member of Congress, nor person holding or exercising any office of profit, or trust under the United States, or either of them, or wnder any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State. SEC. 13. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitration, when the parties shall elect that method of trial. SEC. 14. All civil officers shall reside within the State; and all district or county officers within their districts or counties, and shall keep their offices at such places as may be required by law; and failure to comply with this condition shall vacate the office so held. SEU, 15. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the tights of the wife, in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife’s separate property. SEC. 16. The Levislature shall, by general laws, authorize the incorporation wf corporate bodies with banking and discounting privilezes, and shall provide tor . system of State supervision, regulation, and control of such bodies which will ade- tuately protect and secure the depositors and creditors thereof. Each shareholder of such corporate body incorporated in this State, so long as he owns shares therein, and for twelve months after the date of any bona-fide transfer thereof shall be personally liable for all debts of such corporate body existing at the date of such transfer, to an amount additional to the par valoa of such shares so owned or transferred, equal to the par value of such shaies so owned or transferred. e No such corporate body shall be chartered until all of the authorized capital stock has been subscribed and paid for in full in cash. Such phody corporate shall not be authorized to engage in business at more than one place, which shail be designated in its charter. No foreign corporation, other than the National banks of the United States, shall be permitted to exercise banking or discounting privileses in this State Amendment of Section 16, (Art. XVI), adopted November 8, 1904 SEC. 17. All officers within this State shall conti to perforin the dudes of heir offices until their successors shall be duly quali is SEC. 18. The rights of property and of action whic’: have been acquirec under the Constitution and laws of the Republic and State sh.il not be divested; nor shall amy rights or actions which have been divested, barre, or declared null and void by the Constitution of the Republic and State be nvested, renewed, or re¢-in- stated by this Constitution; but the same shall remain precisely in the situation In which they were before the adoption of tunis Constitution, unless otherwise herein pro uaed: and provided further, that no cause of action heretofore barred shall be cevived. ‘ SEC. 19. The Legislature’ shall riescribe by law the qualifications of grand and petit jurors SEC. 20. The Legislature shall, at its first session, enact a law whereby the qualified voters of any county, justice’s precinct, town, or city (or such subdivision of a county as may be designated by the Commissioners’ Court of said county) may, by a majority vote, determine, from time to time, whether the sale of fatoxl- vating liquors shall be prohibited within the prescribed limits. Amendment of Section 20, (Art. XVI), declared adopted September 22, 1891. CIVICS: TEXAS AND FEDERAL 197 SEC. 21. Al? stationery and printing, except proclamations «nd such prirting as may be done at the Deaf and Dumb Asylum, paper, and fuel used in the legis- lative and other departments of the government, except the judicial department, shall be furnished, and the printing and binding of the laws, journals, and depart~ ment reports, and all other printing and binding, and the repairing and furnishing the halls and rooms used for the meeting of the Legislature, and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by Jaw. No member or officer of any department of the government shall be in any way interested in such contracts; and all such contracts shall be subject to approval of the Governor, Secretary of State and Comptroller, Ss 22. The Legislature shall have the power to pass such fence laws, applicable to any subdivision of the State, or counties, as may be needed to meet the wants of the people. SEC. 23. The Legislature may pass laws for the regulation of live stock and the protection to stock-raisers in the stock-raising portion of the State, and exempt from the operation of such laws other portions, sections, or counties; and shail have power to pass general and special laws for the inspection of cattle, stock, and hides, and for the regulation of brands; provided, that any local law thus passed shall be submitted to the freeholders of the section to be affected thereby, and approved by them, before it shall go into effect. SEC. 24. The Legislature shall make provision for laying out and working public roads, for the building of bridges, and for utilizing fines, forfeitures, and convict labor to all these purposes. : SEC. 25. That all drawbacks and rebatement of insurance, freight, transporta- tion, carriage, wharfage, storage, compressing, baling, repairing, or for any other kind of labor or service of or to any cotton, grain, or any other produce o article of commerce in this State, paid, or allowed, or contracted for to any common carrier, shipper, merchant, commission merchant, factor, agent, or middle-man of any kind, not the true and absolute owner thereof, are forever prohibited, and it shall be the duty of the Legislature to pass effective laws punishing all ‘Dersons in this State who pay, receive, or contract for or respecting the same. SEC. 26. Every person, corporation, or company that may commit a homicide, ~ through willful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving husband, wife, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to ‘ne homicide. SEC. 27. In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only. SEC. 28. No current wages for personal service shall ever be subject to gar- nishment. SEC. 29. The Legislature shall provide by law for defining and punishing barratiy. SEC. 30. The duration of all offices not fixed by this Constitution shall never exceed two years; provided, that when a railroad commission is created by law it shall be composed of three commissioners, who shall be elected by the people at a general election for State officers, and their terms of office shall be six years; provided, railroad commissioners first elected after this Amendment goes into effect, shall hold office as follows:: One shall serve two years, and one four years, and one ae years, their terms to be decided by lot immediately after they shall havo . 1 one railroad commissioner shall be elected every two years thereafter. In case of vacaney in said office, the Governor of the State shall fill said vacancy by appointment until the next general election. Amendment of Section 30, (Art. XVI), declared adopted December 21, 189'y SEC. 30A. The Legislature may provide by law that the members of the buara of regents of the State university and boards of trustees or managers of the educa. tional, eleemosynary, and penal institutions of the State, and such boards as have been, or may hereafter be established by law, may hold their respective offices for the term of six (6) years, one-third of the members of such board to be elected or appointed every two (2) years in such manner as the Legislature may determine; vacancies in such offices to be filled as may be provided by law, and the Legisla- ture shall enact suitable laws to give effect to this section. This Amendment adopt- ed Nov. 5, 1912. SEC. 31. The Legislature may pass laws prescribing the qualifications of prav- titioners of medicine in this State, and to punish persons for malpractice, but no preference shall ever be given by law to any school of medicine. SE 32. The Legislature may provide by law for the establishment of a Board of Health and Vital Statistics, under such rules 9nd regulations as it may deem proper. 198 CIVICS: TEXAS AND FEDERAL SEC. 83. The accounting officers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person for salary or compensation as agent, officer. or appointee, who holds at the same time any other office or position of honor, trust, or profit under this State or the United States, except as prescribed in this Constitution. SEC. 84. The Legislature shall pass laws authorizing the Governor to lease or sell to the government of the United States a sufficient quantity of the public domain of the State, necessary for the erection of forts, barracks, arsenals, and military stations, or camps, and for other needful military purposes; and the action of the Governor therein shall be subject to the approval of the Legislature. SEC. 35. The Legislature shall, at its first session, pass laws to protect laborers on public buildings, streets, roads, railroads, canals, and other similar public works, against the failure of contractors and sub-contractors to pay their current wages when due, and to make the corporation, company, or individual for whose benefit the work is done, responsible for their ultimate payment. SEC. 36. The Legislature shall, at its first session, provide for the payment, or funding, as they may deem best, of the amounts found to be justly due to tho teachers in the publie schools, by the State, for service rendered prior to the first day of July, 1873, and for the payment by the school districts in the State of amounts justly due teachers of public schools by such districts to January, 1876. SEC. 37. Mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them, for the value of their labor done thereon, or material fumished therefor; and the Legislature shall orovide by law for the speedy and efficient enforcement of said liens. SEC. 38. The Legislature may, at such time as the public interest may require, provide for the office of Commissioner of Insurance, Statistics, and History, whose term of office, duties, and salary shall be prescribed by law. SEC. 39. The Legislature mey, from time to time, make appropriations for preserving and perpetuating memcriais of the history of Texas, by means of monu- ments, statues, printing and documents of historical value. SEC.: 40. No person shall hold or exercise, at the same time, more than one alvil office of emolument, except that of Justice of the Peace, County Commissioner, Notary Public, and Postmaster, unless otherwise specially provided herein. SEC. 41. Any person who shall, directly or indirectly, offer, give, or promise any money or thing of vaJue, testimonial, privilege, or personal advantage, to any axecutive or judicial officer or member of the Legislature, to influence him in the performance of any of his public ‘or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law. And any member of the Legislature, or execu.'ve or judicial officer who shall solicit, demand, or receive, or consent to receive, sirectly or indirectly, for himself or for another, from any company, corporation, or person, any money, appointment, employment, testimonial, reward, thing of value or employment, or of personal advantage or promise thereof, for his vote or official influence, or for withholding the same, or with any understanding, expressed or implied, that his vote or official action shall be in any way influenced theieby, or who shall solicit, demand, and receive any such money or other advantage, matter. or thing aforesaid for another, as the consideration of his vote or official influence, in_ consideration of the payment or promise of such money, advantage, matter, or thing to another, shall be held guilty of bribery, within the meaning of the Constitution, and shall incur the disa- bilities provided for said offenses, with a forfeiture of the office they may hold, and -uch other additional punishment as is or shall be provided by law. SEC. 42. The Legislature may establish an Inebriate Asylum for the cure of drunkenness and reform of inebriates. SEC. 43. No man or set of men shall ever be exempted, relieved, or discharged from the performance of any public duty or service imposed by general law, by any special law. Exemptions from th3 performance of such public duty or service shall only be made by general law. SEC. 44. The Legislature shall prescribe the duties, and provide for the election by the qualified voters 2f eaeh county in this State, of a County Treasurer and a County Surveyor, who shall have au office at the county seat, and hold their office for two years, and until their suecsssors are qualified; and shall have such compensation as may be provided by law. SEC. 45. It shall be the duty of the Legislature to provide for collecting, arranging, and safely keeping such records, rolls, correspondence, and other docu- ments, civil and military, relating to the history of Texas, as may be now in the possceelen of parties willing to confide them to the care and preservation of the ate. . SEC. 46. The Legislature shall provide by law for organizing and disciplining *he militia of the State, in such manner as they shall deem expedient, not incom- "satible with the Constitution and laws o the United States. CIVICS: TEXAS AND FEDERAL 199 SEC. 47. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. SEC. 48. All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation or shall be amended or repealed by the Legislature. SEC. 49.- The Legislature shall have power, and it shall be its duty, to protect by law from forced sale a certain portion of the personal property of all heads of families. and also of unmarried adults, male and female. SEC. 50. The homestead of a family shall be, and is hereby protected from forced sale for the payment of all debts, except for the purchase-money thereof, or a part of such purchase-money, the taxes due thereon, or for work and material used in constructing improvements thereon, and in this last case only when the work and material are contracted for in writing, with the consent of the wife, given in the same manner as is required in making a sale and conveyance of the homestead; nor shall the owner, if a married man, sell the homestead without the consent of the wife, given in such manner as may be prescribed by law. No mort- gage, trust deed, or other lien on the homestead shall ever be valid, except for the purchase-money therefor, or improvements made thereon, as hereinbefore provided, whether such mortgage, or trust deed, or other lien shall have been created by the husband alone, or together with his wife; and all pretended sales of the homeste.d involving any condition of defeasance shall be void. SEC. 51. The homestead, not in a town or city, shall consist of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon; the homestead in a city, town, or village shall consist of lot, or lots, not to exceed in value five thousand dollars, at the time of their designation as the homestead, without reference to the value of any improvements thereon; provided, that the same shall be used for the purposes of a home, or as a place to exercise the calling or business of the head of a family; provided also, that any temporary renting of the homestead shall not change the character of the same, when no other homestead has been acquired. SEC. 52. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court haying the jurisdiction, to use and occupy the same. SEC. 53. That no inconvenience may arise from the adoption of this Con- stitution, it is declared that all process and writs of all kinds which have been or may be issued and not: returned or executed when this Constitution is adopted, shall remain valid, and shall not be in any way affected by the adoption of this Constitution. SEC. 54. It shall be the duty of the Legislature to provide for the custody and maintenance of indigent lunatics, at the expense of the State, under such regulations and restrictions as the Legislature may prescribe. SEC. 55. The Legislature may provide annual pensions, not to exceed one hundred and fifty dollars per annum, to surviving soldiers or volunteers, in the war between Texas and Mexico, from the commencement of the revolution in 1835, until the first of January, 1837; and also to the surviving signers of the Deelarat*on of Independence of Texas; and to the surviving widows continuing unmarried of such soldiers and signers; provided, that no such pension be granted except to those in indigent circumstances, proof of which shall be made before the County Court of the county where the applicant resides, in such manner as may be provided by law. SEC. 56. The Legislature shall have no power to apprepriate any of the publie money for the establishment and maintenance of a bureau of imisigration, or for any purpose of bringing immigrants to this State. SEC. 57. Three million acres of the public domain are hereby appropriated and set apart for the purpose of erecting a new State capitol and other necessary public buildings at the seat’ of government, said lands to be sold under the direction of the Legislature; and the Legislature shall pass suitable laws to carry this section into effect. SEC. 58. The board of prison commissioners charged by law with the control and management of the State prisons, shall be composed of three members appointed by the governor, by and with the consent of the Senate, and whose terms of office shall be six years, or until their successors are appointed and qualified; provided, that the terms of office of the board of prison commissioners first appointed after the adoption of this amendment shall begin on January 20 of the year following the 200 CIVICS: TEXAS AND FEDERAL adoption of this amendment, and shall hold office as follows: One shall serve two years, one four years, and one six years. Their terms to be deeided by lot after they shall have qualified, and one prison commissioner shail be appointed every two years thereafter. In case of a vacancy in said office the Governor of this State shall fill said vacancy by appointment for the unexpired term thereof. Amendment adopted November 5, 1912. SEC. 59. (a) The conservation and development of all the natural resources of this State, including the control, storing, preservation and distribution of its storm and flood waters, the waters of its rivers and streams, for irrigation, power, and all other useful purposes, the reclamation and irrigation of its arid, semi-arid and other lands needing irrigation, the reclamation and drainage of its overflowed lands, and other lands needing drainage, the conservation and development of its forest, water and hydraulic power, the navigation of its inland and coastal waters, and the preservation and conservation of all such natural resources of the State are each and all hereby declared public rights and duties, and the Legislature shall pass all such laws as may be appropriate thereto. SO (b) There may be created within the State of Texas, or the State may be divided into, such number of conservation and reclamation districts as may be determined to be essential to the aecomplishment of the purposes of this amendment to the Con- stitution, which districts shall be governmental agencies and bodies politic and corporate with such powers of government and with the authority to exercise such rights, privi- leges and functions concerning the subject matter of this amendment as may be con- ferred by law. (c) The Legislature shall authorize all such indebtedness as may be necessary to provide all improvements and the maintenance thereof requisite to the achievement of the purposes of this amendment, and all such indebtedness may be evidenced by bonds of such conservation and reclamation districts, to be issued under such regulations as may be prescribed by law and shall also authorize the levy and collection within such districts of all such taxes equitably distributed, as may be necessary for the payment of the interest and the creation of a sinking fund for the payment of such bonds and also for the maintenance of such districts and improvements, and such indebtedness shall be a lien upon the property assessed for the payment thereof; provided, the Legis- lature shall not authorize the issuance of any bonds or provide for any indebtedness against any reclamation district unless such proposition shall first be submitted to the qualified property tax-paying voters of such district and the proposition adopted. Adopted August 21, 1917. ARTICLE XVII. MODE OF AMENDING THE CONSTITUTION OF THIS STATE. SECTION 1. The Legislature, at any biennial session, by a vote of two-thirds of all the members elected to each House, to be entered by yeas and nays on the jour- nals, may propose amendments to the Constitution, to be voted upon by the qualified electors for members of the Legislature, which proposed amendments shall be duly published once a week for four weeks, commencing at least three months before an -election, the time of which shall be specified by the Legislature, in one weekly newspaper of each county, in which a newspaper may be published, and it shall be the duty of the several returning officers of said election to open a poll for, and make returns to the Secretary of State, of the number of legal votes cast at said election for and against. said amendments; and if more than one be proposed, then the number of votes cast for and against each of them; and if it shall appear from said return that a majority of the votes cast have been cast in favor of any amendment, the said amendment so receiving a majority of the votes cast shall become a part of this Constitution, and proclamation shall be made by the Goveruor thereof, ess 65° 770 = THE UNITED STATES IN 1786 When Connecticut ceded her western claim she reserved the small tract along Lake Erié, shown in red, for the benefit of her schools. It was known as the “Western Reserve.’ South Carolina claimed the narrow strip, shown in red, between the claims of North Car- olina and Georgia. By 1802 all the States had ceded their claims to the United States. a THE STATE. What constitutes a state?. Not high-raised battlement, or labored mound, Thick wall or moated gate; Not cities proud with spires and turrets crowned; Not bays and broad armed ports, Where, laughing at the storm, rich navies ride; Not starred and spangled courts, Where low-browed baseness wafts perfume to pride No, men, high-minded men, With powers as far above dull brutes endued In forest, brake, or den, As beasts excel cold rocks and brambles rude Men who their duties know, But know their rights, and, knowing, dare maintain, Prevent the long-aimed blow, And crush the tyrant while they rend the chaia; These constitute a state; And sovereign law, that state’s collected will, O’er thrones and globes elate Si’s empsess, crowning good, repressing ill. Sir William jones. FEDERAL GOVERNMENT CRUMP INEIR 1 GOVERNMENT BEFORE 1789 The Federal Government. We have learned that the purpose of government is to insure to all citizens the enjoyment of their rights, and that laws are made to prevent encroachments on those rights by the selfish members of society. We have studied the government of our State in its close relation to our daily lives and have learned how we consequently feel its restraining and protecting influence in all our social and business rela- tionships. We are now going to study the government of our Nation and to learn the relation that it bears to the citizen and to his State. Our Nation, the full name of which is the United States of America, is a republic composed of forty-eight states bound together by a con- stitution to which each has given its assent. The gov: ernment of the Nation is generally spoken of as the “Federal Government.” The English Colonies. The settlement of the English colonies in America was such that all thirteen of them were entirely separate and distinct from one another. They differed in social ideals and civil aims. ‘Thanks to acommon mother country, they enjoyed the same lan- guage, the same literature, and similar notions of gov- ernment and of rights of citizens. There were three distinct types of colonial governments, named from their leading characteristics charter colonies, proprietary colonies, and rayal colonies Charter Colonies. A charter colony received fram the king, or from some mercantile company acting under 8 CIVICS: TEXAS AND FEDERAL ao royal authority, a written document called a charter, granting specific commercial and political privileges. Often one charter would be surrendered and another would be granted. At the time of the Revolution the charter colonies were Massachusetts, Rhode Island, and Connecticut. Proprietary Colonies Sometimes the king would grant a large tract of land to some person for the pur- pose of colonization. With such a grant would go the right to name the governor and to prescribe the nature of the government. The government established for these colonies was called a proprietary government. Maryland, Pennsylvania, and Delaware were proprietary colonies, and were governed for many years by proprie- tors who had their homes in England. Royal Colonies The form of colonial government favored by the English kings was that known as a royal colony. Such colonies were under the control of the crown, which appointed resident governors to carry out: its wishes. These governors were assisted by a council, the membership of which was subject to the approval of the king. All laws passed by the legislatures of royal colonies had to receive the assent of the king, or of his governors. In later colonial days several charter colo- nies were forced to surrender their charters and to be- come royal colonies. At the time of the Revolution, New York, Virginia, New Hampshire, New Jersey, North Carolina, South Carolina, and Georgia were royal colo- nies, Union Among the Colonies Owing to the fact that each was a separate colony, and to the difficulties at- tending travel, there was little intercourse between the colonies. Events in Connecticut had small interest for the people in New York, while the Carolinas and Geor- gia were practically more remote than England herself. It oe CIVICS: TEXAS AND FEDERAL was only when some common danger confronted the col- onies that the idea of union occurred to them. From 1643- 1684 the New England colonies were united in a loose confederacy for their defense against the Indians; but when at last King William was dead and the Indian vil- lages had been destroyed, there was no further work for this confederacy and it was dissolved. In 1754, as the war clouds of the last French and Indian War began to darken the horizon, a congress of twenty-five represent- atives from seven colonies was held at Albany. After making a treaty with the Iroquois Indians, Franklin’s lanes Loma) permanent union was adopted and submitted to the legisla- tures of the different col- onies for rat- (Chay Eton: They all re- jected it on The Houses of Parliament, Where the House the ground of Lords and the House of Commons Meet. that there was no need of a union. Again, after the Brit- ish Parliament had passed the “Stamp Act” taxing the colonies without their representation, another con- gress met. It adopted a declaration of the rights claimed as the common heritage of Englishmen, insisting that their legally constituted assemblies had the sole right of laying taxes. It demanded a repeal of the “Stamp Act.” It sent a formal address to the king and to the House of Lords, and a petition to the House of Commons. An- CIVICS: TEXAS AND FEDERAL 9 other effort was made by that congress to unite the colo J nies, but nothing came of it. The First Continental Congress In 1774 the so- | called “First Continental Congress” convened at Phila- delphia, brought about by the tyranny of the British government which had exasperated the colonists beyond endurance. This congress, composed of delegates from all the ‘colonies ex- cept Georgia, pre- pared remonstrances that were dispatched to King George III. It -also drafted a statement addressed to the people of Great Britain setting forth the wrongs that the colonists, as “Eng- lishmen living be- y¥OMmd UNe Seas,” wished redressed. It bound the colonies by a pledge to import no more goods from England nor her oth- Carpenter’s Hall Philadelphia * 2 & s Where the First Gontinental Con- er colonies, until the ees a eee obnoxious Acts of Parliament should be repealed, and then adjourned with the understanding that another congress should meet in May, 1775, unless the causes of the grievances should be removed. The Second Continental Congress. England not only disrecarded the demands of the Continental Congress, but, began to take steps to enforce the Acts of Parlia- 2) CIVICS: TEXAS AND FEDERAL ment with the help of her armies. The Battle of Lex-|# ington convinced the colonies that they must choose be: fil tween abject submission and armed resistance. When pil the Second Continental Congress met, representatives 18 from all the colonies were in attendance. Although it et really had only advisory power, it began to assume ex- ecutive authority, as the representative of the individual 7 colonies. An army was organized and George Wash-])\ ington was placed in command of it. tn The Declaration of Independence. Congress appoint: ed a committee to draft a declaration of the grievances ne of the colonies, and on July 2, 1776, it passed the ‘ollow- yal ing resolution, introduced by Richard Henry Ice, one i of the delegates from Virginia: she : Jona tie The Original Declaration of Independence. This Is Preserved in the Safe, Shown {n the Picture, in the Library of the Department ' of State. So Precious Is the Document that this Safe rm Has Only &ee Opened Once Since 1902. CIVICS: TEXAS AND FEDERAL 207 Resolved That these United States Colonies are, and of ight ought to be, free and independent States; that they are labsolved from all allegiance to the British Crown; and that Il political connection between them and the States of Great ritain is, and ought to be, totally dissolved. ‘ This was followed on July fourth by the Declaration of Independence. *THE DECLARATION OF INDEPENDENCE. In Congress, July 4, 1776. The Unanimous Declaration of the Thirteen United States of : America. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have con- nected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident: that all men are ‘created equal; that they are endowed by heir Creator with certain unalienable rights; that among {ese are life, liberty, and the pursuit of happiness. That, to secure these rights, gcvernments are instituted among men. deriving their just pow- ers from the consent of the governed: that, whenever any form of government becomes destructive to these ends, it is the right of the people to alter or :» abolish it, and to institute new government, laying its four.dation on such principles, and organizing its powers in such fcr, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established, should not be changed for light and transient causes; and, accordingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable. than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future se- curity Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the pres- ent king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of ose *To the Teacher Have your pupils read and discuss this in class. a 208 CIVICS: TEXAS AND FEDERAL an absolute tyranny over these States. To prove this, let facts) be submitted to a candid world. * He has refused his assent to laws the most wholesome and necessary for the public good. . J He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation} till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relins quish the right of representation in the legislature, a right ines-& timable to them and formidable to tyrants only. He has called together legislative bodies: at places unusual, uncomfortable, and distant from the depository of their publici records, for the sole purpose of fatiguing them into compliance with his measures. to He has dissolved representative houses repeatedly, for op- gin posing, with manly firmness, his invasions on the’ rights of the people. He has refused, for a long time after such dissolutions, to jig cause others to be elected; whereby the legislative powers, in-| capable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions | within. : He has endeavored to prevent the population of these States; Ta for that purpose obstructing the laws for naturalization of for- eigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. : He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone for the ten- ure of their offices, and the amount and payment of their sal- aries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their sub- stance, He has kept among us in times of peace, standing armies, without the consent of our legislature. He has effected to render the military independent of, and superior to,.the civil power. He has combined, with others, to subject us to a jurisdiction foreign to our constitution; and unacknowledged by our laws; giving his assent to their acts of pretended legislation: For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States: . CIVICS: TEXAS AND FEDERAL 209 For cutting off our trade with all parts of the world:. For imposing taxes on us without our consent: i For depriving us, in many cases, of the benefits of trial by ry: For abolishing the free system of English laws in a neigh- ring province, establishing therein an arbitrary government and enlarging its boundari@$, so as to render it at once an ample and fit instrument for introducing the same absolute ule into these colonies: For taking away our charters, abolishing our most valuable aws, and altering, fundamentally, the forms of our govern- ents : For suspending our own legislatures, and declaring them- selves invested with power to legislate for us in all cases what- He has abdicated government here by declaring.us out of Js protection, and waging war against us. ; He has plundered our seas, ravaged our coasts, burnt our He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and ftyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages,. and totally unworthy the head of a civilized nation. } He has constrained our fellow-citizens, taken captive on the Whigh seas, to bear arms against their country, to become the xecutioners of their friends and brethren, or to fall themselves { He has executed domestic insurrections amongst us, and has fendeavored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known «ule of warfare is an Fundistinguished destruction of all ages, sexes, and conditions, In every stage of these oppressions, we have petitioned for redress in the most humble terms: our repeated petitions have }been answered only by repeated injury. A prince, whose char- syacter is thus marked by every act which may define a tyrant, ; is unfit to be the ruler of a free people. al Nor have we been wanting in attention to our British breth- ren. We have warned them, from time to time, of attempts by \their legislature to extend an unwarrantable jurisdiction over mus. We have reminded them of the circumstances of our emi- gration and settlement here. We have appealed to their native Tjustice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and cor- Mrespondence. They too have been deaf to the voice of justice Hand consanguinity. We must, therefore, acquiesce in the ne- 210 CIVICS: TEXAS AND FEDERAL cessity which denounces our separation, and hold them, as w hold the rest of mankind, enemies in war, in peace friends. vf We, therefore, the representatives of the United States, off St America, in general Congress assembled, appealing to the Su ‘ preme Judge of the world, for the rectitude of our intention my do, in the name, and by authority of the good people of thes colonies, solemnly publish and declare, That these United Col onies are, and of right ought to be, free and independent States that they are absolved from all alf€giance to the British crow and that all political connection between them and the stat of Great Britain is, and ought to be, totally dissolved; an that, as free and independent States, they have full power t levy war, conclude peace, contract alliances, establish com: merce, and to do all other acts and things which independen States may of right do. And for the support of this declaration! with a firm reliance on the protection of Divine Providence iva we mutually pledge to each other our lives, our fortunes, an our sacred honor. which was conducted by committees. There were com: mittees on military affairs, Indian affairs, foreign rela tions, and finance. It provided for a postal service be tween the States, and issued large. quantities of paper money known ' i Ppsaiancsaranes| rf as “Comic nental Cur- Six DOLLARS. ag PIS 2 No 4554) rx O Ney i rency’ with =~ HLS BD entitles th] gall which to car- 'SUDY SPANISH MILLFD|4 DOLLARS» or the my Oa tine \ Value thereof in GO. Ok elOeS ¢ overnment. or SULVER accord! ) aResolution of C uneiliky, im 1777, itadopt- | assis Bole \ ‘ ovie I776Y l Nae // 9 eae (ele ed the “‘Arti- STIX DOLLARS ja cles of Con- } rae : cles of Con- ca Dose S453 18S a federation Ha SES OTe EP : . i of Silver, Burdett and Company which pro- Continental Currency. ‘ [Spe ctapues ES FR CIVICS: TEXAS AND FEDERAL ila Mabyided for a perpetual union of the States. In order to at become effective the “Articles” had to be ratified by all yt} thirteen States. Maryland would not give her consent to them until all the vacant lands between the western slope of the Appalachian Mountains and the Mississippi River should become the property of the whole Confederacy. When finally New York and Virginia had ceded to the, ‘| Confederacy their claims to this “Northwest Territory,” Maryland, on March 1. 1781, ratified the “Articles” and allowed the United States of America to become a fact. Government Under the Confederation. The govern- ment was exercised by Congress. Each State sent to Congress from two to seven delegates. but it had only one vote. Nine votes were required to pass any meas- ure of importance. One delegate was elected president, but his power was not much greater than that of the others, even though he was surrounded with considera- ble dignity. When Congress was not in session the gov- ernment was administered by the “Committee of the States” consisting of one delegate from each State, but the power of this committee was very much limited. Congress could declare war, but it had no means with which to wage it; it could make peace, but it had no power to compel the individual States to observe it; it could appropriate money, but it could not levy and col- lect taxes from the people of the States. It had to con- tent itself with making levies on the individual States which it had no power to enforce. As a rule it re- ceived only a small part of these levies. There were ne federal courts, and no federal officers to execute the commands of Congress. After the Revolution was end- ed and England had made a treaty by which she recog- nized the independence of her former colonies, interest in the Confederacy grew lax. Each State established custom houses and levied duties against the other 212 CIVICS: TEXAS AND FEDERAL States, or even refused to admit their produce alto- gether. Several of them nearly went to war over their boundaries. A state of lawlessness prevailed within the Confederacy, and the States seemed in imminent danger of being seized by England or France. In fact, although bound to do so by the terms of her treaty, England did not remove her soldiers from several frontier forts, Several of the States discussed secession from the Con- federacy, and the principal thing that prevented them from seceding was that they would lose their interest in the public lands of the Northwest Territory. THOUGHT QUESTIONS 1. What is government? Why is it necessary? 2. What kind of a government is the United States? 3. How many English colonies were there in America be- fore 1776? 4. Describe the three types of English colonies in America, and give examples of each. 5. What conditions brought these colonies into a union? : 6. sea the colonists desire to disavow allegiance to Eng- and? 7. What were the acts of England that impelled the colonists to rebel? 8. When did the colonists declare their independence? 9. What kind of government did the continental Congress organize to manage affairs during the Revolution? 10. Briefly outline the government under the Articles of Confederation. 11. How was the government administered while Congress was not in session? 12. What were the weak points in the Articles of Confed- eration? : : What provisions of the treaty of peace did England vio- late: 14. What prevented the disunion of the States between 1783 and 1787? 15. To what State did Maine belong in 1786? Vermont? Kentucky? : (ClBUANIP IIR MAKING THE FEDERAL CONSTITUTION The Annapolis Convention. Under the “Articles of Confederation” each State could levy duties and imposts to suit itself and had full control of commerce within its territory. This resulted in much confusion and in frequent clashes between citizens of adjoining States.’ Virginia and Maryland were continually in trouble over the Potomac River and Chesapeake Bay. In an effort to adjust these difficulties commissioners representing Virginia and Maryland met at Alexandria, Va., in May, 1785. As a result of this meeting the Virginia Legisla- ture invited delegates from all the States to meet at An- napolis, Md., in September, 1786. Only five States sent delegates to this convention. These delegates discussed ways of adjusting the trade regulations of the different States so as to effect uniformity. In these discussions it became evident that all the States realized the weak- néss of the Confederation and felt that some of its de- fects could be corrected without endangering the inde- pendence of the individual States, but nothing could be accomplished until delegates from all the States were present. The convention, therefore, passed a resolution written by Alexander Hamilton, suggesting to Congress that it call a convention of delegates from all the States “to devise such further provisions as might appear nec- essary to render the Constitution of the Federal Govern- ment adequate to the exigencies of the Union.” The Constitutional Convention. In May, 1787, a con- , vention of delegates from all the States except Rhode Island, met at the old State House in Philadelphia and remained in continuous session until September 17, 213 214 CIVICS: TEXAS AND FEDERAL INDEPENDENCE HALL, PHILADELPHIA. Where the Constitutional Convention Met and Framed the Constitution. 1787. This convention was composed of fifty-five dele- gates, including such men as George Washington, Alex- _ ander Hamilton, Benjamin Franklin, and James Madison, The credentials of the delegates authorized them to “re- vise and amend” the Articles of Confederation, but noth- ing was said about drafting a new constitution. It soon developed that it was impossible to “revise and amend,” and the delegates gave their attention to framing a con- stitution that would prove a€ceptable to the States. Two widely different ideas as to what the government should be were developed in this convention. One party favored a strong central government with a corresponding less- ening of the independence of the individual States. The other party was in favor of preserving to the States all CIVICS: TEXAS AND FEDERAL 215 their sovereign rights, but granting to Congress power to raise revenue, to regulate commerce, and to compel the States to obey its legal “acts.” Procedure of the Convention. James Madison pre- sented a plan embodying the ideas of those favor- ing a strong central government. This was known as the “Virginia Plan,” and after many stormy debates it was adopted as the basis of the new government. It was then taken up article by article and discussed at length. In the course of its labors the convention agreed to three important compromises. By the first, the House of Representatives was to be composed of members dis- tributed among the States in proportion to their popu- lation, and the Senate, of two members from each State regardless of its population. In determining the popula- tion of a State, the Southern States demanded that their slaves should be counted the same as freemen. ‘The North opposed this, and a second compromise was ef- fected by which five slaves were counted as three free- men. The third compromise was over commerce. Some of the States wished to have the importation of slaves stopped, but Georgia and South Carolina demanded that it be continued. It was desired by many that Congress should have full control of foreign commerce, but it was feared by several that this would result in laws prohib- iting the slave trade. The result was a compromise by which Congress was given control ef both foreign and interstate commerce, but was forbidden to pass any act prohibiting the importation of slaves prior to 1808. Signing the Constitution. Finally the morning of September 17th arrived and the convention met for the last time. Franklin arose to read a final speech which he had prepared carefully, but he was so feeble that he was compelled to hand it to another dele- ’ 216 CIVICS: TEXAS AND 3#®EDERAL gate who read it for‘iiey “A part of this speech was as follows: | uy “Mr. President : I eduiecs: that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. For, having lived long, I have experienced many instances of being obliged, by better information or fuller consideration, to change opinions, even on important subjects, which I once thought. right, but found to be otherwise. It is therefore that, the older I grow the more apt I am to doubt my own judgment, and to OR) more respect to the judgment of others. bs ne * * * In these sentiments, sir, I agree to this Constitution, with all its faults, if they are such ; because I think a general govern- ment necessary for us, and there is no form of government, but what may be a blessing to the people if well administered; and I believe further, that this is likely to be well administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other. I doubt, too, whether any other convention we can obtain may be able to make a better Constitution. For, when Photograph by Rau. The Room tn Independence Hall, Philadelphia, Where the Con~ stitutional Convention Held Its Sessions On the Platform Can Be Seen the Chair and Desk Used by Washington, aCe ee ee’ CIVICS: TEAS AND FEDERAL 217 you assemble a number o1 men to bay 4 advantage of their joint wisdom, you inevitably assem ith those men «11 their prejudices, their passions, their err . of opinion, their jocal interests, and their selfish views. Fiom such an assembly can a perfect production be expected? % a as zs s Thus I consent, sir, to this Constitution, because I expect no better, and because 1 am not sure, that it is not the best. The opinions I have had of its errors I sacrifice to the public good. J have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us, in returning to our constituents, were to report the objections he has had to it, and endeavor to gain partisans in support of them, we might prevent its being gen- erally received, and thereby lose all the salutary éffects and great advantages resulting naturally in our favor among for- eign nations, as well as among ourselves, from our real or ap- parent unanimity. Much of the strength and efficiency of any government, in procuring and securing happiness to the peo- ple, depends on opinion on the general opinion of the good- ness of the government,.as well as of the wisdom and integrity of its governors. I hope, therefore, that for our own sakes, as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitu- tion (if approved by Congress and confirmed by the conven- tions) wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well admin- istered, On the whole, sir, I cannot help expressing a wish that every member of the Convention, who may still have objec- tions to it, would with me, on this occasion, doubt a little of his own infallibility, and, to make manifest our unanimity, put his name to this instrument.” ; After that Franklin moved the adoption of the Con- stitution, and the delegates, as their States were called. proceeded to sign the engrossed copy of it that was to be sent to Congress. Thirteen of the delegates had gone home, and three refused to sign it, thinking that it gave too much power to the Federal Government, so only thirty-nine signatures were affixed. Ratification of the Constitution Article VII in the Constitution provided that ratification. by nine States should be sufficjent to establish the government. If the other States did not ratify it they would re- main without the Union and lose all their rights to any 218 CIVICS: TEXAS AND FEDE& © 4 part in its affairs. Delaware was the firs. W.ate to ratify it and Rhode Island the last. It was ratified by the States on the dates shown below: Delaware,. December 7, 1787. Pennsylvania, December 12, 1787, New Jersey, December 18, 1787. Georgia, January 2, 1788. Connecticut, January 9, 1788. Massachusetts, February 6, 1788. Maryland, April 28, 1788. South Carolina, May 23, 3788. New Hampshire, June 21, 1788. Virginia, June 26, 1788. New York, July 26, 1788. North Carolina, November 21, 1789. Rhode Island, May 29, 1790. The New Government. After nine States had rati- fied the Constitution, Congress proceeded to prepare for the new government. A bill was passed providing that on the first Wednesday in January the qualified voters shouid select presidential electors, and that on From an Old Engraving. Inauguration of Wash‘agton as the First President of the United States, at the City Hall, New York, April 30, 1789. CIVICS: TEXAS AND FEDERAL 219 the first Wednesday in February these electors should meet at their respective State capitals and cast their votes for President. Certified copies of these votes were sent to the Senate and on April 6, 1789, they were opened and counted in the presence of the new Congress. George Washington was declared elected, and on April 30, 1789, was inaugurated at New York as the first President of the United States of America, THOUGHT QUESTIONS 1. How did Virginia and Maryland attempt to reconcile their differences? What was the result of the Annapolis Convention? 3. Who was the leading man in influencing a closer union of the Federated States? 4. What State was the most active in talking disunion? 5. When and where did the convention meet that formed the present Constitution? 6. What were the three great compromises in the Constitu- tion? 7. How many States were required to ratify the Constitu- tion to make it effective? 8 North Carolina ratified the Constitution in 1789, and Rhode Island in 1790. What would have been the result if these two States had not ratified the Constitution? 9. When and where was the first President inaugurated? 10. What was the “Ordinance of 1787?” Why is it said to be the greatest piece: of legisla:ion in American history? ClaUAEAM DR AUB THE BILL OF RIGHTS The Preamble to the Constitution-The framers of the Constitution began it with a few introductory words stating its purposes and giving the source of its author- ity. These introductory words are called “The Pream- ble,” and are as follows: “We, the People of the United States, in order to form a more perfect union, establish. justice, insure domestic tran- quility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”. - : Opposition to the Constitution We have learned that several of the States were slow about ratify- ing the Constitution in fact, when the government ‘began, North Carolina and Rhode Island were not a part of the Nation. In most of the States there was a fierce fight over the ratification. Men, remembering the tyranny of George III, were afraid of a strong national government in which the individual State would be only a small factor. In Virginia, Patrick Henry criticized. severely the beginning of “The Preamble,” wanting to know by what right the framers had written “We, the people” instead of “We, the States.” In Pennsylvania the fight was so bitter that even such patriots as Wash ington and Franklin were held up to ridicule, one as “a fool by nature,’ and the other as “a fool by old age.” When Massachusetts, South Carolina, New Hampshire Virginia, and New York, did ratify the Constitution they recommended various amendments whieh they regarded “as necessary to remove the fears and allay the appre- hensions of the people.” 220 CIVICS: TEXAS AND FEDERAL 221 Congress and the Amendments. When the First Con- gress met, over a hundred amendments, many of them duplicates, had been referred to it by the States. The House of Representatives reduced this number to seven- teen and the Senate eliminated five of them, so that only twelve were finally sent to the States for ratification, Ten of these twelve amendments were ratified and be- came a part of the Constitution on December 15, 1791. The first eight constitute the so-called “Bill of Rights” guaranteeing the rights of every citizen. Personal Freedom. ; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the peo- ple peaceably to assemble, and to petition the government for a redress of grievances.’ (Amendment 1.) Many of the early settlers of our country had suffered persecutions on account of their religious beliefs before leaving England and, to some extent, after settling in. America. Hence religious freedom was the first right made secure. Under the Constitution one can worship as he pleases, provided his form of worship does not directly harm his fellow man or tend to immorality. In many countries, to criticise the ruler in a pub- lic speech, is a crime for which one may be impris- oned. In Russia and some other countries all news- papers and books must be submitted to a public censor for approval before publication. ‘Sometimes parts of newspapers or books coming from other countries are ‘blotted out with black ink by the eensors, before they are allowed to be publicly distributed. In our country one may sav or write what he pleases in criticism of public officials and their policies, provided his utter- ances are not treasonable.: He may not, however, ac- cording to law, injure their reputation by slander or 222 CIVICS: TEXAS AND FEDERAL libel. If citizens desire any change of policy on the part of the government, it is their privilege to assemble to declare their views or to express their demands. Neither Congress, nor any official of the government, can refuse to receive a petition from the people. The Italians themselves are by no means blind to the disas- trous consequences of the African war, and even an Italian gen- eral, who knows what war in Tripoli means and is styled “the hero of Bengazi,” inveighs strongly against ‘‘the blunder,” ‘the obvious folly ” of an advance into the interior. General Ameglio writes in an open letter addrest to a brother officer, the Com- mandant Limo, and published in the Italian press, giving five reasons against any attempt to seize upon African territory. **1 Because there 1s no clearly defined object in such & conquest. “2. Because we are merely becoming the laughing-stock of the Turks. “3. Because the difficulties of a successful campaign are in Africa many in number and serious in character. “‘4, Because humanity forbids us to sacrifice the lives of our soldiers in attacking a population which represents neither the political nor religious center of Islam. ‘5. Because of the heavy financial expense we are incurring by this enterprise.’ An Article in an American Magazine Censored by the Turkish Authorities, Because of Ob- jectionable Statements in Reference to the Turko-lItalian War. Right to Bear Arms, “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” (Amendment II.) Unlike most countries the United States does not keep a large standing army. The law allows an army of not more than one hundred thousand men. Not only is an army a great expense to the nation, but it also deprives the country of the benefit of the labor of its most active young men during several of the best years of their CIVICS: TEXAS AND FEDERAL 223 lives. Each State has a national guard which in time of war becomes a part of the army. Also every able- bodied male citizen, between the ages of 18 and 45 years, is liable to military service when the country needs him. The right to bear arms may be regulated by law; for instance, in all of the States it is unlawful for any pri- vate citizen to carry concealed weapons, except by offi- cial perinission. Rights of the Home. “No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” (Amendment III.) The privacy of the home in colonial days had been ruthlessly disregarded by the British soldiers, and often the family supply of food had been forcibly taken by them without paying for it. Such invasions of the home were strongly guarded against in this amendment. It rightly requires the care of soldiers in times of war, but the privilege was safeguarded against abuse by requir- ing it to be exercised as prescribed by law. Searches and Seizures. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the person or things to be seized.” (Amendment IV.) This amendment protects people against injustice by specifically forbidding arrests, house-searching, or tak- ing of property, without a legal warrant sworn out in good faith, naming the person, the house to be searched, and the property to be seized. Rights in Trials. “No person shall be held to answer for a capital, or other- wise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or in public danger; nor shal! any person be subject for the same offense to be twice put in jeopardy of life or limb; nor i 224. Civics; PEXAS "AND FEDERAL shali be compelled in any criminal case to be a witness against himself. nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for pub- lic use, without just compensation.” (Amendment V.) “Tn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been commit- ted, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (Amend- ment VI.) “Tn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury shall be otherwise re- examined in any court of the United States, than according to the rules of the common law.” (Amendment VII.) “excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishment inflicted.” (Amend- ment VIII.) In some countries people may be arrested simply upon suspicion, or to satisfy the vengeance of some official. They are frequently put in prison and kept there for a long time without being granted a trial. Sometimes ._ they do not even know why they were arrested. When they are given trials these are often farces, for they do not have the right of witnesses, counsel, or a jury. In case of conviction they have no right of appeal, nor the right of a new trial, even though the first trial was sur- rounded with every mark of unfairness. These amend- ments were demanded to prevent any such conditions ever occurring in the United States.. Under our system of laws, a person accused of crime is presumed to be in- nocent until the State has proved him to be guilty. His rights are so carefully guarded that often “not guilty” is the verdict when “guilty as charged” is the sentiment of all the jurors; but the proof is not sufficient or a technicai point is in his favor. The theory of our trials is that, CIVICS: TEXAS AND FEDERAL 225 “Tt is better that the guilty escape than that the inno- cent suffer.’ Anyone accused of crimes by the Federal ‘Government is entitled to the same rights as is one ac- cused by an individual State. You have alreadv learned’ that these rights are: a. An investigation by the grand jury and a formal indict- ment, : b. A speedy trial in the State and district where the crime is committed. Trial by an impartial petit jury. To be confronted by the witnesses against him. Compulsory attendance of witnesses in his favor. Privilege of testifying in his own behalf. Privilege of a lawyer for his defense. Conviction only by unanimous vote of the petit jury. A new trial under certain conditions. He is protected against: Wrongful imprisonment by the writ of habeas corpus. Excessive bail. Being compelled to testify against himself. Excessive fines or excessive imprisonment. Cruel or unusual punishments. A second trial for the same crime after having been found “not guilty” in the first trial. BA he a9 pee Popo re Under .the exigencies of war and military life slow court trials can not safeguard the interests of the Na- tion; so speedier trials‘*by court-martial, or military courts, are substituted. . Even in such trials, however, the rights of the accused are protected. These amend- ments also protect us in the enjoyment of our property. Private property can not be taken except by due process of law. If property is needed for public use it may be taken under the right of eminent domain, but a fair price must be given for it. If the owner is not satisfied with this price, the matter may be settled by an impartial jury. In time of war, property taken from friends is paid for; that taken from enemies is confiscated, as the Southern States learned to their sorrow in the Civil War, i iii] 226 CIVICS: TEXAS AND FEDERAL Reserved State Rights. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (Amendment 1X.) “The powers not delegated to the United States by the Gon stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (Amendment X.) Not all the rights of the States or the people could be enumerated in the Constitution. This amendment re- serves to them all unnamed rights not in conflict with the delegated or implied powers of the Federal Govern- ment. THOUGHT QUESTIONS 1. What is a preamble? 2. What is a “bill of rights?” 3. How many amendments were sent to the States for rati- fication by the First Congress? . How many of these were ratified? 5. Why are the first eight amendments called the “bill of rights?” What is the purpose of the Ninth Amendment? Of the Tenth? 6. Who was the leader of the Federalist party? Of the Democratic-Republican party? 7. What is the so-called “elastic clause” of the Constitution and why is it so called? 8. Who were the “strict constructionists?” The “liberal con- structionists?” What political parties now. represent them? 9. What are personal rights? Political rights? Civil rights? 10. Enumerate the rights of a person on trial. 11. What is meant by being “placed twice in jeopardy of life or limb?” 12. Under what conditions can the writ of habeas corpus be suspended? 13. Who can suspend the writ of habeas corpus when con- ditions demand it? CHAPTER IV. THE HOUSE OF REPRESENTATIVES The Three Branches of Government. We have learned that there are three branches to the government of our State, and thet the powers and duties of each are so clearly defined by the Constitution of Texas, that there can be no conflict of authority between them. There are also three branches to the Federal Government. Just as in our state government they are the legislative, or law-making; the executive, or law-enforcing; and the judicial, or law-interpreting. A Congress of Two Houses. “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” (Art. I. Section 1.) The English Parliament was composed of the House of Lords and the House of Commons. All the colonies, except Pennsylvania and Georgia, had modeled their assemblies after Parliament and had provided two houses. It was natural, therefore, for the Constitution to provide that Congress should consist .of twe houses. In England the House of Lords with its slow procedure had served as a check on hasty legislation sent up to it by the more easily agitated House of Commons. Like- wise it was expected that the Senate, representing the States as units, would serve as a check on the House of Representatives, which was already responsible to the people. : The House of Representatives. “The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications re- quisite for electors of the most numerous branch of the State Legislature.” (Art. I, Section 2.) 227 228 CIVICS: TEXAS AND FEDERAL As the members of the House of Representatives are the direct representatives of the people their terms are short only two years. Were they elected for long terms, the sentiment of their constituents might change Courtesy ot the Hon. © mp Cl oat): Hall of the House of Representatives. before their terms expired and they might no longer truly represent it. The electors are the qualified voters. We have already learned who are qualified voters in Texas.* The Federal Government has no power to dic- tate to any State as to who shall or shall not vote in con- gressional elections, provided the State does not violate the Fifteenth Amendment, which reads: “The right of a citizen of the United States to vote shall _ not be denied or abridged by the United States or by any State, on account of race, color, or previous conditions of servitude.” When the Representatives Are Elected. “The times, places and manner of holding elections for Sen- ators and Representatives, shall be prescribed in each State *See State Government, Page 94. CIVICS: TEXAS AND FEDERAL 229 by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators.” (Art. 1, Section a) Congress has passed a law requiring all the represent- atives to be elected on the first Tuesday after the first Monday in November of the even numbered years. Ore- gon, Vermont, and Maine, were exempted from this law, as they h had fixed the time for electing their representa- tives in their constitutions. Qualifications of Representatives. “No person shall be a representative who shall not have at- tained to the age of twenty-five’ years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of the State in which he shall be chosen.” (Art. I, Section 2.) Congress requires of each State that its Legislature shall divide it into as many congressional districts, of approximately equal population, as it is entitled to mem- bers in the House of Representatives. Whenever this number is changed the State is expected to be redistrict- ed. There are eighteen such districts in Texas and each elects a congressman. From 1911 to 1917, Texas had two congressmen at large. They were elected by the voters of the whole State, because the Legislature had failed to redistrict the State in accordance with the new apportionment of 1911. The Legislature redistricted the State in 1917. Custom demands that a congressman shall live in the district that he represents, in order that he may be familiar with its needs and the wishes of his constituents. Congressional Districts They are composed of con- tiguous counties, and must have approximately the same population. In Texas they are as follows: Pirst: “Bowie, Gampiee Gass} Newton, Orange, Panola, Delta, Franklin, Hopkins, Sabine San Augustine, Shel- Lamar, Marion, Morris, Red by, Tyler. River, Titus. Third: Gregg, Henderson, Kaufman, Rusk, Smith, Up- Second: Angelina, Cherokee, shur, Van Zandt, Wood. Hardin, Harrison, Jasper, Fourth: Collin, Fannin, Gray- Jefferson, Nacogdoches, son, Hunt, Rains, 230 ChVIGS: Fifth: Dallas, Ellis, Rock- wall. Sixth: Brazos, Freestone, Hill, Leon, Limestone,- Madison, Milam, Navarro, Robertson. Seventh: Anderson, Cham- bers, Galveston, Houston, Liberty, Montgomery, Polk, San Jacinto, Trinity, Wal- ker. Eighth: Fort Bend, Grimes, Harris, Waller. Ninth: Brazoria, Colorado, DeWitt, Goliad, Gonzales, Jackson, Lavaca, Matagorda, Refu- gio, Victoria, Wharton. Tenth: leson, Caldwell, Hays, Lee, Calhoun, Fayette, Travis, Washington, Wil- liamson. Eleventh: Bell, Bosque, Cor- yell, Falls, Hamilton, Mc- Lennan. Twelfth: Erath, Hood, John- son, Parker, Somervell, Tar- rant. Thirteenth: Archer, Baylor, Clay, Cooke, Denton, Jack, Montague, Throckmorton, Wichita, Wilbarger, Wise, Young. Fourteenth: Aransas, Bee, Bexar, Bilgmeo, Conall, Guadalupe, Karnes, Kendall, Nueces, San Patricio, Wil- son. Fifteenth: Atascosa, Brooks, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kinney, Kleberg, La Salle, Live Oak, Maver- Austin, Bastrop, Bur- TEXAS AND FEDERAL ick, McMullen, Medina, Starr, Uvalde, Webb, Wil- lacy, Zapata, Zavalla. Sixteenth: Andrews, Bandera, Brewster, Coke, Crane Crockett, Culberson, Ector, Edwards, El Paso, Gillespie, Glasscock, Howard, Huds- peth, Irion, Jeff Davis, Kerr, Kimble, Loving, Martin, Ma- son, Menard, Midland, Mitchell, Pecos, Presidio, Reagan, Real, Reeves, Schleicher,~Sterling, Sutton, Terrell, Tom Green, Upton, Val Verde, Ward, Winkler. Seventeenth: Burnet, Brown, Callahan, Coleman, Co- manche, Concho, Eastland, Jones, Lampasas, Llano, Mc- Culloch, Mills, Nolan, Palo Pinto, Runnels, San Saba, Shackelford, Stephens, Tay- lor. Eighteenth: Armstrong, Bai- ley, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Cros- by, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale Hall} Hardeman, Hansford, Hart- ley, Haskell, Hockley, Hutchinson, Kent, King, Knox, Lamb, Lipscomb, Lub- bock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Stonewall, Swisher, Terry, Wheeler, Yoakum. Gerrymandering. Congressional districts should be compact, but in creating them Legislatures sometimes make them very irregular in shape, in an effort to favor CIVICS: TEXAS AND FEDERAL 231 certain men or parties in Congressional elections. They do this by including in the districts such counties as are friendly to them, and omit- ting others known to be un- mcndhy, Wns is called “oerrymandering.” When EI- bridge Gerry was governor of Massachusetts that State was redistricted, and one dis- trict near Boston was shaped like the lizard known as the salamander. Because of the part that Governor Gerry F Nad Wood Cut. took in the redistricting, the The Original Gerrymandet. malice) Of sce ieestane inl ct shaped districts has been known ever since as “gerry- mandering.” Apportionment of Representatives. “Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to services for a-term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumer- ation shall be made, the State of New Hampshire shall be en- titled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.” (Art. I. Section 1.) A part of this clause was rendered void by the adop- tion, in 1865, of the Thirteenth Amendment, abolishing slavery. After that, negroes were counted the same as other “free persons.” In 1910 the number of Indians living on “reservations” in the different Western States 232 CIVICS: TEXAS AND FEDERAL was 129,518. These Indians are not included in the popu- lation of the States to arrive at their representation in Congress. The Fourteenth Amendment, adopted in 1868, changed the first part of this clause to read as follows: “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such States, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in re- bellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens in such State. There has never been any reduction in the representa- tion of any State because it has passed laws limiting its suffrage, but the question is sometimes agitated in Con- gress. The House of Representatives is now composed of 435 members, distributed as follows: PLA ar ea, Seno. ee NO ReeINCCOUTT ey eth ores sk 16 PgIZ OL mapa cre Hoe cere tas lion: NeeViiitatiase se fee, Sey cfc ois 2 GSRESTSS ES a Rs VEN CRAs cane 6 ooh 4 hone 6 Galiioniial omits o-cn UE eeN yada sesh etsy 1 Colonradomis. coset sok ek. Aree Newarklampohiterss «05+ 5. .16 2 Connecticut. agree te sss. Se sNews ersey. ds vices boc hes 12 ID SEN Or sale oe 5 eee lepNieweexicOs cn + os. acc 15. 1 NgvOn dager bay: 6 ethos S eet ax cye ne BIN CW aeeYCO TGs, 8.2 Syciccareues <6 vse os 43 Geouctame cee. Ryo ia. 2 eeNontiaCarolina, i... .. sesh 10 Nido arate wn * Pee ae 2B. Worn IDA gaoseacasoe 3 NIMEMO TSH Suet erates ¢ ben IMO aster ess ee se cc kk oe eae 22 Mincliarnawem pec eee arse er eee IS Be Olclahomar pies s:cype aye. cs ofecs 8 NOWaki ih es oes ede OLE ONE eet cee kk a 3 [KeanGacy eet armen wanes: | See Rens wIVATag © - = ..55 ices cs 36 eemitittclay acca tenon oe lee lhodeclandin ca. cc tcc 3 Wottictamar scnyn w tr pete: ccs & . Syoystilth- Carmoltine< 5 eageuccave 7 IMitinel ery, sue meena ree 4 South dakota’: 2.00.0. 25. . 3 MViFayleim cles... Sees eet GumeMennesscets sis wi cs wes. IMUeiSSaiclhitsettss ites svccin a. NGEeumeBexa cua Nap eehte’ scchsias opts awe ag BCI aan 3... ey eee el. NES ama tcnReNeG SA sc actrees che sis coud Minmiresora’: omen et OR Vienmontrt css. tee ae 2 MiSSissippitw.ae- merece oe: Soe VAUSINIAN Ae sie sistas TEXAS AND FEDERAL to make temporary appointment until the people fill such vacancies by election as the Legislature may direct. Qualifications of Senators. “No person shall be a Senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall! not, when elected, be an inhabitant of that State for which he shail be chosen.” (Art. I, Section 3.) We have learned that in order to be eligible to mem- bership in the House of Representatives one must be twenty-five years of age and seven years a citizen of the United States. Why does the Constitution require so much more of Senators? The Senate moves more slowly and deliberately than does the “lower house.” Its work is supposed to demand more wisdom and dignity than does theirs, and as wisdom and dignity increase with age and responsibility, more in the way of qualifications is demanded of a senator than of a representative. The Officers of the Senate. “The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. “The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United Statesu ss (Auta Ike Section 3.) The Vice President is not a member of the Senate, hence he can not speak on questions under considera- tion, nor can he vote except to break a tie. When for any reason the Vice President is absent, the president pro tempore presides. The other officers of the Senate are similar to those in the House of Representatives. Sessions of the Senate are always marked with more decorum than are those of the “lower house.” CIVICS: TEXAS AND FEDERAL 239 THOUGHT QUESTIONS 1. Why were two senators apportioned to each State? 2. Can the Constitution be amended so as to apportion sen- ators to each State according to population? Give reasons for your answer. 3. Who are the United States. Senators from Texas? To which Senatorial classes do they belong? How many senators are there in Congress? State the procedure in electing United States Senators. How are vacancies filled? How were the first elected senators classified? NOs CEA PARE Reval THE PROCEDURE IN CONGRESS The First Congress. In the resolution providing for the organization of the new government, under the re- cently adopted Constitution, the “First Congress”. was summoned to meet on the first Wednesday in March, 1789. Owing to difficulties attending travel in those days a quorum of both houses was not secured until April sixth. By Act of Congress, it was provided that the terms of all representatives, and of all senators of the first class, should expire March 4, 1919, and that thereafter a new Congress should assume office at noon on March fourth of every odd numbered year. The Con- gress that comes into office on March 4, 1913, will be known, therefore, as the “Sixty-sixth Congress.” Sessions of Congress. “The Congress shall assemble at least once in every year, and such meeting shall be on the first Mondav in December, unless they shall by law appoint a different day.’ (Art. I. Section 4.) Each Congress holds two regular sessions. The first, which begins in December of odd numbered years, is known as the “long session,” for it generally continues until late in the following spring or even until fall. The second session begins in December of the even num- bered years and must end by noon of March fourth fol- lowing, when a new Congress comes into existence. Spe- cial sessions may be called by the President when in his judgment public necessity demands them. He may also convene the Senate alone in special session to confirm appointments or to ratify treaties. It is customary for a retiring President to convene the Senate in special session, immediately before the inauguration of his suc- cessor, for the purpose of confirming the cabinet and other important appointees of the new President. 240 CIVICS: TEXAS AND FEDERAL 241 Where Congress Meets. Congress held its first ses- sion in the old City Hall in New York. From 1799 un- til 1800 it met in the old Capitol Building in Philadel- phia. Congress did not forget how its predecessor, the Courtesy of Silver, Burdett & Co. Old City Hall, New York, Where the First Congress Met. Continental Congress, was turned out of its meeting place in Philadelphia, and very early took steps to provide a permanent capitol building. As the States of the South wished the capital south of the Potomac, and those of the North wished it north of that river, the matter was compromised by Virginia and Maryland ceding to the government a district ten miles square, situated on both banks of the Potomac. Later the part south of the river was returned to Virginia. This district is known as the “District of Columbia.” Citizens of the District of Columbia belong to no State, and have no vote in presidential and congressional elections in fact no elec- tions occur within it. Most of the District lies witha 242 CIVICS: TEXAS AND FEDERAL the City of Washington. The building where Congress meets is called the United States Capitol. In an emer- gency, such as the presence of a hostile army near by, or pestilence within the city, the President can change the place of meeting temporarily. This has never been done. The United States Capitol. Organization ot a New Congress. The first Monday in December of odd numbered years is a busy time in Washington. At noon on that day a new Congress as- sembles. The “members elect” of the House of Repre- sentatives are there with “certificates of election” given to them under the seal of their respective States and ad- dressed to the House of Representatives. One-third of the senators are also armed with similar certificates signed by the governors of their respective States and addressed to the President of the Senate. The clerk of CIVICS: TEXAS AND, FEDERAL 243 the previous House of Representatives calls that body to order. Then the roll of all the representatives-elect is called. This roll has been prepared from the certifi- cates of election which have been filed with the clerk. If it shows a quorum, i. e., a majority of all members, to be present, the House proceeds to elect its Speaker. The members of the political party in the majority in the House have held a caucus previously and determined who shall hold this and. other offices. As soon as the Speaker is elected, the oath of office is administered to him by the representative who has been in Congress longest. Then he takes the gavel, which is his emblem of authority. The roll of the House is called again, and the representatives rise and the Speaker administers the oath of office to them. As only one-third of the members of the Senate are newly elected, that body isa “continuous” one and does not have to be organized. At the beginning of each Congress, however, it elects a president pro tempore and other officers. Each new senator is presented to the Senate by the other senator from his State. In groups of four they proceed to a position in front of the presiding officer where the oath of office is administered to the new senators. The Oath of Office All senators, representatives, and delegates from the Territories, must take the fol- lowing oath: iee( ) do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, with- out any mental reservation or purpose of evasion; and that J will ‘well and faithfully discharge the duties of the office on which I am about to enter. So help me God. The Halls of Congress. The Senate holds its meet- ings in the Senate Chamber and the House of Repre- sentatives in the Hall of Representatives. These enor- mous rooms are situated in opposite wings of the Capi- 244 CIVICS: TEXAS AND: FEDERAL tol. In each of them there are long circular rows of desks facing the presiding officer. Each member is al- lotted one of these desks. The members of the majority generally sit together on one side of the chamber, and those of the minority on the other side. The government also furnishes each member an office outside of the Capi- tol, where he may work when not attending meetings of Congress. Communications From the President After the House of Representatives is organized it sends a committee to inform the Senate of the fact. It also appoints a com- mittee to act with one from the Senate in notifying the President that Congress is organized and ready to receive any communication he may desire to send it. In the early days of our government it was customary for the Presi- dent to deliver an address in person to Congress. From the time of Jefferson to that of Wilson the communica- tions of the President have been in the form of “mes- sages” which are read in both houses. President Wilson delivers orally his important “messages” to Congress. Committees of Congress. The work of making laws is really done by committees of Congress, just as we have learned that state laws are really made by the com- mittees of the Legislature. Formerly, the Speaker ap- pointed the committees of the House of Representatives, but now they are chosen by the “Committee on Ways and Means,” which is elected by the House itself. The Senate appoints its committees. There are a great many committees covering every kind of legislation that can be enacted by Congress. Some of them are small and others large. They are always so composed that the chairman and a majority of the members belong to the political party in the majority. To them are referred the bills introduced by members. They study them, hold public hearings, and recommend such legislation as meets their approval. The minority members of a CIVICS: TEXAS AND FEDERAL 245 committee have little influence in shaping its tecom- mendations, but sometimes make minority reports, which must be given consideration. How the Voting is Done. A majority vote will pass any bill, but a two-thirds vote is required to pass one over the veto of the President. There are three meth- ods of voting in the House of Representatives: by accla- mation, or “aye” and “no” vote, when the presiding of- ficer puts the question and all favoring the same say “aye” and all opposing say “no”; by division, when all favoring the measure rise, file between the two tellers, who stand near the Speaker’s desk, and are counted, and then all opposing do the same; by “yea and nay” vote when, upon roll call, each member as his name is called votes “yea” or “nay,” and his vote is recorded in the Journal. A “yea and nay” vote must be taken when- ever one-fifth of the members present demand it. It is always taken on important questions, so that each mem- ber’s constituents may know how he voted and that he may be held accountable for his vote. In the Senate all votes are taken by the “‘yea and nay” method. How Laws Are Made by Congress. Congress enacts laws in much the same way that our State Legislature does. The bill is introduced by some member. In the House of Representatives this is done by putting it in a basket on the clerk’s desk; and in the Senate, by the senator’s rising and asking permission to introduce it. All bills are numbered consecutively in the order that they are introduced. The bill is then referred to the appropriate committee. As over thirty thousand bills were introduced in the House during the “Sixty- first Congress,” it follows that only a small part of them could receive consideration. Many are “killed in the committee.” After the committee has reported a bill back to the house, it is put on the calendar and may 246 CIVICS: TEXAS AND FEDERAL come up for passage. Before being passed it is read three times the first time by title, the second time in full, and the third time by title. It may then be debated. In the House of Representatives debate is limited, for the Committee on Rules generally brings in a rule that the bill shall be voted upon at a specified time; but in the Senate every member is allowed to speak on a bill as long as he wishes. The House is so large that if everyone was allowed to speak whenever he wished to do so, there would be no time to transact business, To prevent this, members are only recognized by the Speaker when pre- vious arrangements have been made with him, with the exception that for a short time on Wednesdays, any member may secure recognition to speak on any bill on the calendar. After the bill is passed in one house it gves to the other. Should it be amended there it will have to be returned to the original house in order that the amendments may be concurred in. If that house refuses to do this, the bill is-dead, unless a conference committee, composed of members of both houses, agrees on a compromise. Any compromise agreed to by this committee is usually accepted by both houses. Filibustering. Sometimes the minority tries to de- feat a bill, or at least to force some amendments, by a “filibuster.” This consists in all sorts of dilatory tac- tics, such as debating it as long as possible, offering many amendments, motions to adjourn, which always take precedence, and demanding a roll call on every vote. To call the roll of the 435 members of the House is a slow, tedious task which consumes thirty minutes or more. In the House of Representatives filibusters are not very successful, owing to the power of the Speaker; but in the Senate they sometimes accomplish something, In a filibuster a single senator has been known to talk CIVICS: TEXAS’ AND FEDERAL”** 247 all the afternoon and then all night, hoping to wear out the Senate until it would yield some legislative point. How Bills Become Laws. ae Rc oNeG is “Every bill which shail have passed the House of Representa- tives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approves he shall sign it, but if not he shall return it, with his objections to.that house in which it shall have originated, who shall enter the :objections at large on their journal, and proceed to reconsider. it. If after such reconsideration two-thirds of that house shall, agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise. be reconsidered, and if approved by two-thirds of that ‘house it. shall become a law. But in all such cases the votes ofboth hotises shall be determined by yeas and nays, and the names of,the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the ‘Congress by their adjournment prevent its return, in which case it shall not be a law. ; : “Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limita- tions prescribed in the case of a bill.” (Art. I. Section 7.) All bills, orders and resolutions, excepting on the question of adjournment, that are passed by both houses of Congress, must be sent to the President for his. ap- proval. If he approves a bill he will sign it and it then becomes a law. If, on the other hand, he deems it to be . against the best interests of the Nation, or in violation of the Constitution, he will return it to Congress with a = veto tnessage,’ Should it now pass both houses by a _ two-thirds .vote it will become a law in spite of the President’s veto. If the President fails to sign the bill within ten days, Sundays excepted, after it is sent to him, it. becomes a law without his approval, provided 248 CIVICS: TEXAS AND FEDERAL President Taft, in his office at the White House, signing the bill admitting Arizona as the Forty-eighth State. Congress does not adjourn before the expiration of the ten days. Bills which are sent to the President during the last ten days of a session of Congress may fail to become laws though he neither signs nor vetoes them. The failure of bills in this way is termed a “pocket veto.” THOUGHT QUESTIONS 1. When and where was the First Congress organized un- der the present Constitution? 2. What is the number of the present Congress? 3. Upon what day does Congress annually begin its regular session? o4: yee is meant by the “short session?’ The “long ses- sion? 5. What is the maximum length of the “short session?” The “long session?” 6. Where does Congress meet? 7. Under what conditions can the President temporarily change the place of meeting? “Has he ever done it? CIVICS: TEXAS AND FEDERAL 249 8. Tell how a new Congress is organized. When is the next new Congress organized? 9. What is the procedure in getting a bill before Congress for action? 10. What is meant by a “minority report?” ll. Describe the three methods of voting in the House of Representatives. 12. How may the House be forced to take a “yea and nay” vote? 13. What is the object of a “yea and nay” vote? 14. When is a bill said to be “killed in the committee?” 15. What is meant by placing a bill on the calendar?” 16. What is a “conference committee?” State the steps in enacting a law. 18. What is a “pocket veto?” 19. What constitutes a legislative day? 20. What is meant by filibustering? CHAPTER V LH POWERS OF THE SEPARATE HOUSES Eligibility of Members. “Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number :nay adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.” (Art. I. Section 5.) We have learned that each branch of the State Leg- islature is the judge of the eligibility of its members. The same thing is true with Congress. Even though a member is armed with a certificate of election from the authorities of his State, that does not prevent an inves- tigation of his eligibility to membership. If after a careful public hearing by a committee of the house to which he claims election, it is found that he does not possess the necessary qualifications, or that he obtained his election through fraud or by unlawful means, or that he was not entitled to the certificate of election, he will be refused admittance or be unseated. Contested elec- tions are often settled by strictly partisan votes, conse- quently some advocate that the Supreme Court should decide such cases. A Quorum. According to the Constitution a major- ity of the members of either house must be present in its chamber to enable it to transact business. ‘This ma- jority constitutes a quorum. In the House of Repre- sentatives fifteen members and the Speaker can order the arrest of absentees. This is known as a “Call of the House.” It is the duty of the sergeant at arms to send after the absent members and to. compel them to attend. Formerly the presence of a quorum was indi- cated by the number of votes cast on a question. Fre- quently there would be a majority of the members in the House, but enough would decline to vote to “break the quorum,” and thus prevent the transaction of busi- 250 CIVICS: TEXAS AND PEDERAL 251 ness. But now a quorum is determined by counting all the members present. ‘This is done by closing the doors and calling the roll. The names of those absent without excuse are noted and given to the sergeant-at arms, who summons them in person or by messenger. Rules of Procedure. “Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the con- currence of two-thirds, expel a member. “Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.” (Art. I. Section 5.) When members violate the rules of their house they are censured by resolutions; or if the offense is suffi- ciently serious, they are called to the “bar of the house” for trial by their colleagues. In each house a corps of stenographers report every word uttered. The “Congres- sional Record” is a journal published every day that Congress is in session. It contains a verbatim report of every speech made in all public sessions. Frequently per- mission is given to Congressmen to publish in the ‘“Rec- ord” speeches that they have not delivered, but which . they have written for the benefit of their constituents. This is called “speaking to Buncombe,” for the reason that it is supposed to have originated many years ago with the member representing Buncombe County, North Carolina. Many copies of the “Congressional Record” are sent to all parts of the country that the people may know what their representatives are doing. Adjournment. “Neither house, during the session of Congress, shall, with- out the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be ‘sitting? (Arti Sections) The Constitution grants the President power to ad- journ Congress, when there is disagreement between the 252 CIVICS: TEXAS AND FEDERAL two houses with respect to the time of adjournment. This power has never been exercised. Salaries of Members. “The Senators and Representatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the treasury of the United States.” (Art. I. Section 6.) The salary of members of each house is fixed by Con- gress. Congress may raise these salaries to take effect Photograph by Clinedinst. Office of the Sergeant at Arms where the Representatives receive their Salaries. Notice the Photographs of the Members on the Wall. CIVICS: TEXAS AND FEDERAL 253 at the beginning of that Congress, at the time of passing the measure. or at any desired future time. Representa- tives and Senators receive $7500 a year. They are also allowed twenty cents a mile for every mile traveled in going to and returning home from a session of Con- gress. In addition each member is allowed a fixed amount for a clerk, and for such supplies as newspapers, stationery, etc. He is also allowed to send through the mails all his official correspondence free of postage. This is known as “franking.” The Speaker of the House of Representatives and the President pro tempore of the Senate receive a salary of $12,000. Immunities of Members. “They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place.” (Art 1. Section 6.) Members of Congress enjoy the same privilege a> to freedom from arrest, and freedom from being ques- tioned outside of their legislative halls for anything that they may say within them, that members of our State Legislature do.* This feature of our Constitu- tion was copied from old English laws protecting the members of the House of Commons. These exemptions were deemed necessary to preserve the full represen- tation of each State and to give perfect freedom in the discussion of all public measures. Disqualification of Members.. “No Senator or Representative shall, during the time for which he was elected, be appointed to any rivate vessels to roam the high seas for the purpos> of preying on the commerce of the enemy. The authority given these vessels, or privateers, is known as a letter of marque. Without it, the men sailing these vessels would be treated as pirates, 1f cap- tured. President McKinley refused to grant letters of marque during the Spanish-American War, and the na- tions of Europe have agreed to abolish privateering. r FCIVICS: TEXA¥Y AND FEDERAL 281 Contraband of War. No private vessels can carry ar-_ ticles needed to wage war, such as arms, munitions, mules and horses, and in some cases even provisions, to any nation engaged in war. Such articles are known as contrabands of war and any vessel carrying them is liable to be seized, regardless of what flag it flies, if caught by the warships of the opposing nation. Such seizures can not be made in the harbors of neutral nations. The contraband articles are confiscated and then the vessel is released, unless it belongs to the owner of the contraband goods. ary L BATTLESHIP “TEXAS.” Launched May 19, 1912, at Newport News, Va. Length 573 Fty Dreadth 95 Ft, 2l4 In. Average Depth Below Water Line 28 Ft.6 In. Speed 21 Knots an Hour (About 24 Miles). Cost $5,830,000, Exclusive of Armament and Equipment. Manned With 63 Officers and 1009 Men. To Maintain an Army and Navy. “To raise and support armies, but on appropriation of money to that use shall be for a longer term than two years. “To provide and maintain a navy. “To male rules for the government and regulation of the land and naval forces.” (Art. J, Section 8.) We have already learned that the United States main- tains a standing army. The President is commander in chief of the army and navy, but the actual control of both is vested in various officers trained for the pur- pose. Congress has passed regulations providing for the organization of the army and navy, prescribing the 282 CIVICS: TEXAS AND FEDERAL tactics to be used in drills, defining the various offenses against the military and naval laws, and providing for the organization of courts-martial to try all those charged with violating these laws. The United States is the third naval power in the world, her navy being excelled only by those of Great Britain and Germany. To Provide for a Militia “To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ; “To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be em- ployed in the service of the United States, reserving to the States respectively, the appointment of officers, and the author- ity of training the militia according to the discipline prescribed by Congress.” (Art. I, Section 8.) As stated in State Government, Texas has an organized militia of which the governor is commander in chief. Every other State has a similar militia. In addition to the organized militia, every able-bodied man between the ages of eighteen and forty-five years belongs to the reserve or unorganized militia, and is liable to be drafted for service in time of war. As the militia is liable to be called into the service of the Nation, it is organized, armed, and disciplined as directed by Congress. When- ever it enters the service of the United States it ceases to be under the control of state authorities. In time of war or other emergency, Congress may call on the States to furnish such part of their organized or reserve militia as is needed by the Government. Federal Territory. “To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the con- sent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.” (Art. I, Section 8.) CIVICS: TEXAS AND FEDERAL 283 Fort Sam Houston, San Antonio, Texas, Showing a Drill in Progress on the Parade Ground. We have already learned how the Dis- trict of Columbia was secured and that no elections of any kind are held there. The District is governed by a Commission ap- pointed by the Pres- ident with the con- sent of the Senate. All local legislation must be enacted by Congress, but in practice, the Com- mission is allowed to originate the bills. One-half of the ex- pense of the District is borne by the Fed- eral Government, and the other half is raised by means of a “District tax.” Many federal office hold- ers living in the District maintain their legal resi- dences in the States from which they came, and thus are able to retain the right to vote at their places of legal resi- dence. LN 284. CIVICS: TEXAS AND FEDERAL Whenever the “"nited States wishes to acquire prop- erty for forts, l:.:t houses, or other public works, it is ° necessary for the State in which the property is situated to cede it to the Federal Government. Any people liv- ing on these reservations lose their citizenship in the State and are freed from all State taxes. Crimes com- mitted on these reservations must be tried in United States courts. In order that those breaking the laws of the State may not find an asylum there, the States, in ceding this property, usually reserve the right to serve warrants there for crimes committed in territory under their jurisdiction. THOUGHT QUESTIONS 1. How does the United States borrow money? 2. What is meant by interstate commerce? 3. What corporations are subject to the Interstate Com- merce Commission? 4. What do most nations require of those in control of pas- senger carrying vessels? Does the United States exercise this control over all pas- senger carrying vessels on rivers? 6. What is a port? 7. What is meant by a port of entry? 8. What is meant by high seas? 9. Why are quarantine stations established near all ports of entry? 10. What is a pilot and what are his duties? 11. What is naturalization? 12. Who can not become citizens of the United States? 13. What is meant by personal naturalization? Illustrate. 14. What is meant by collective naturalization? Illustrate. 15. Why should one year’s service in the United States army entitle a foreigner to United States citizenship? 16. Is it possible for an alien to vote before he is a citizen of the United States? Explain. Can an alien who has formally declared his intention te become a citizen have the protection of the United States? 18. Why do aliens generally become naturalized before visit- ing their old homes in their native countries? 19. What is insolvency? Bankruptcy? 20. What are the advantages of a bankruptcy law? 21. What is voluntary bankruptcy? CIVICS: TEXAS AND FEDERAL eo) 22. What is involuntary bankruptcy? : 23. What is meant by a “composition settlement” with an insolvent person or firm? 24. What particular exemption of property can be claimed by a Texas bankrupt? 25. What is money? 26. What is legal tender? 27. Where is the nearest mint located? 28. What are the three kinds of paper currency? 29. What banks are allowed to issue money under United States supervision? ‘ 30. Why is a bank note perfectly safe currency? 31. What is a silver certificate? What gives it currency value? 32. Can a person take silver to a mint and have it coined? 33. Can a person take gold to a mint and have it coined? 34. Name the subsidiary coins in use. 35. What is the maximum debt paying power of a penny? 36. Has Congress ever established uniform weights and measures ? 37. To what extent has the metric system been established? 38. What is counterfeiting? 39. Isa gold dollar of legal fineness, form and weight, coined by an individual, a counterfeit? 40. Can a coin be made into an article of jewelry? 41. Is an underweight coin legal tender? 42. When a coin is known to be much deficient in weight, what can the possessor do to save loss? 43, What can be done with mutilated paper currency to save a loss to the possessor? 44. What is a post road? A parcels post system? 45. What is a rural free delivery route? 46. What is a star route? 47, What is a postal savings bank? ‘ 48. What is the particular value of a postal savings bank? 49. What is meant by special delivery? 50. Does the government make good the loss of a registered package? 51. Does the government guarantee against loss in postal money orders? . Give the necessary steps for procuring a copyright. 53. Give the necessary steps for procuring a patent. 54. Of what value is a patent? A copyright? 55. What can be copyrighted? 56. What is a privateer? 57. Do the leading nations today regard the granting of letters of marque and reprisal with favor? Why not? aes What kinds of property are regarded as contrabands of war! 286 CIVICS: TEXAS AND FEDERAL 59. What is a navy? 60. What is a standing army? 61. What is the militia? 62. Where is the power to declare war vested? 63. How many times and when has the United States de- elared war? 64. What is a battleship? A cruiser? A torpedo boat? 65. What is a court martial? Who can be tried by court martial ? 66. How are organized territories governed? CHAPTER X RESTRICTIONS IMPOSED BY THE CONSTITUTION Importation of Slaves. “The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.” (Art. I, Section 9.) We have already learned that by the “Third Great Com- promise’’ the Constitutional Convention agreed that the importation of slaves should not be interfered with by Congress prior to 1808. This is the clause inserted in the Constitution to make that compromise effective. Before 1808, all the Southern States of their own accord had enacted laws prohibiting the importation of slaves. In 1807, Congress passed an act to take effect on Jan- uary 1, 1808, forbidding the importation of slaves into any part of the United States and prescribing severe penalties for its violation. Personal Liberty. “The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the pub- lic safety may require it. “No bill of attainder or ex post facto law shall be passed. af (Art. I. Section 9.) A bill of attainder is a legislative act that takes away the civil rights of a person without a trial in court. For- merly, it followed automatically any conviction for a felony or treason. It effected a forfeiture of the guilty one’s estate, made it impossible for him either to inherit or transmit property, and prevented him from suing, or testifying in court. Parliament not only claimed but exercised the right of enacting bills of attainder, and 287 288 CIVICS: TEXAS AND FEDERAL some of the colonists had experienced them as acts of resentment. An ex post facto law is one that makes a crime out of some act that was not a violation of law at the time it was committed, or that increases the pen- alty for the violation of a law. Commerce. “No tax or duty shall be laid on articles exported from any State. “No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.” (Art. I, Section 9.) Public Funds. “No money shall be drawn from the treasury, but in conse- quence of appropriations made by law; and a regular state- ment and account of the receipts and expenditures of all public money shall be published from time to time.” (Art. I, Section 9.) We have learned that in Texas no money can be paid out of the state treasury except in accordance with an appropriation made by the Legislature. In the same way no money can be paid out of the federal treasury except in accordance with an appropriation made by Congress. In the Treasury Department at Washington there are many auditors who compare every warrant drawn on the public funds with the law making the ap- propriations, and unless every particular is according to the law the warrant is refused payment. In this con- nection it is interesting to know that the President is the only employee of the government who does not have to sign the pay roll when he receives his salary. Each Congress passes one appropriation bill covering the ex- penditures of the government for two years. Titles of Nobility. “No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of Congress, accept of any pres- CIVICS: TEXAS AND FEDERAL, 289 ent, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.” (Art. I. Section 9.) The theory of our government is that all men are created equal. In European countries where titles of nobility abound, there is a broad gap between the social privileges of a titled person and of one not possessed of atitle. The feeling against titles was so strong that, in 1809, an amendment to the Constitution was proposed by Congress to the States, to the effect that any citizen of the United States accepting a title of nobility or a gift from a foreign ruler, without the consent of Congress, should forfeit his citizen- ship. Offi- cials of the government often receive The National Museum. 2 itis) from foreign goy- ernments. In some cases Congress allows them to keep them, but generally they are deposited in the Na- tional Museum. This great museum is located at Wash-~ ington. Restrictions on the States. “No State shall enter into any treaty, alliance, or confeder- ation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a ten- der in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. “No State shall, without the consent of the Congress, lay any imposis or duties on imports or exports, except what may be absolutely necessary for’ executing its inspection laws; and the net produce of all duties and imposts, laid by any State on & “ 290 CIVICS: TEXAS AND FEDERAL imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. “No State shall, without the consent of Congress, lay any duty on tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.” (Art. I. Section 10.) If Congress and the States could both do the same things, and if they had equal jurisdiction, there would _be great confusion, and no one would know to which one he should yield. The Constitution defines very clearly the powers of each. Whenever there is any un- certainty the matter is decided by the Supreme Court of the United States. Bills of Credit. This is another name for currency. In Colonial times each colony could issue paper money and much of it was put in circulation. Generally, the further that one got from the colony that had issued this money, the less it was worth. Much suffering was caused through the issue of such money. The framers of the Constitution protected the country from that evil. Contracts. A contract is an agreement between two or more persons either to do or not to do some specified thing. Frequently one party to the contract fulfills his part of it long before the other does. If the State could pass laws setting aside contracts already made and part- ly carried out great injustice would be done. In the colonies this did happen, and precautions were taken to write a clause into the Constitution, prohibiting the States from passing laws impairing the obligations of contracts. No contract is legal that provides for the doing of some illegal thing. Contracts made with chil- dren or minors, except for the necessaries of life, can not be enforced. Contracts secured through force or fraud are void. e CIVICS: TEXAS AND FEDERAL 291 THOUGHT QUESTIONS 1. Did any State desire to encourage slave importation? 2. Has the United States ever taken a citizen’s property: without paying for it? 3. If an ex post facto law lessens or removes a penalty, does it apply immediately to cases affected by it? 4. Under what conditions may a United States official re- tain gifts made to him by foreign rulers? 5. Under what conditions may a State impose a duty? Illus- trate. 6. Why is a State prohibited from issuing bills of credit? 7. State a condition under which Texas would be justified in engaging in warfare with a foreign nation. 8. Under what conditions should a contract be annulled? 9. What is meant by statute of limitation? Illustrate hy Texas statutory provisions. CEA PALER Xe. THE PRESIDENT The National Executive “The executive power shall be vested in a President of the United States of America.” (Art. II. Section 1.) As we have learned, the government formed under the Articles of Confederation possessed no executive branch. Whatever exectitive power it had was vested in Con- gress. Had Congress possessed the proper legislative and executive authority the government might have been a success. In England today the king has very lit- tle executive power, and in two hundred years he has not attempted to veto an act passed. by Parliament. The executive power of the English government lies in the Ministry, which is composed of the strongest men in the political party that is in the majority in Parliament. The leader of that party becomes the Prime Minister and he selects the other ministers. When any impor- tant act proposed by the government is defeated in Par- liament, the ministry resigns and the king at once ap- points the leader of the new party that has come into control as prime minister. In a republican form of gov- ernment, however, a strong executive branch is consid- ered essential to stability. That the Constitution pro- vides an effective executive branch is proved by the fact that no amendment touching its powers has been de- sired. The President is assisted in administering the government by thousands of officials located in all parts of the country, as well as in every foreign land with which our people have any commercial relations. Term of Office. “He shall hold office during the term of four years.” (Art. II. Section 1.) } E ‘ After having been twice unanimously elected Presi- dent, and having served for eight years, Washington 292 CIVICS: TEXAS AND FEDERAL 293 declined a reélection, thereby establishing a precedent in accordance with which no President has been elected for more than two terms. When the first administra- tion of a President has been satisfactory it is customary for his party to renominate him. At the present time, when many people are urging that the term of the Presi- dent should be six years, and that he should not be eligi- ble for reélection, it is interesting to remember that at one stage in its proceedings, the Constitutional Conven- tion provided for a term _ seven years with no reélec- tion. Original Method of Electing. “Each State shall appoint, in such manner as the iepiature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Repre- _ sentative, or person holding an office of trust or profit under the United States, shall be appointed an elector. “The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and trans- mit sealed to the seat of the government of the United States, direct to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal numJer of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a ma- jority, then from the five highest.on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representa- tion from each State having one vote. A quorum for this pur- pose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes the Senate shall choose from them by ballot the Vice President.” (Art. II. Section 1.) 294. CIVICS: TEXAS AND FEDERAL The defects in this plan of electing a President were forcibly illustrated in the election of 1800, in which the will of the Nation came near being thwarted. No one having received a majority of the electoral votes, the House of Representatives had to choose from the can- didates. Balloting continued for seven days. Eight States voted for Thomas Jefferson, six for Aaron Burr, and two for other candidates. On the thirty-sixth ballot Jefferson received the votes of ten States and this gave him the presidency. As Burr had the votes of six States he became Vice President. If Burr had won the presi- dency the threatened disunion of the Republic would doubtless have resulted. This danger of the election of a President who was bitterly opposed by a majority of the people, showed the necessity of a change in the plan of election, and resulted, in 1803, in Congress proposing to the States the Twelfth Amendment to the Constitu- tion which was declared adopted the following year. The Present Electoral Plan. “The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall riot be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as Presi- dent, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the vctes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a ma- jority of the whole number of electors appointed; and if no per- son have such majority, then from the person having the high- est number not exceeding three on the list of those voted for as President, the House of Representatives shall choose immedi- ately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall con- sist of a member or members from two-thirds of the States, and CIVICS: TEXAS AND FEDERAL 295 a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the pur- pose shall consist of two-thirds of the whole number of Sena- tors, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.’ (Amendment XII.) Only once since the adoption of the present plan has the election of a President been carried to the House of Representatives. In 1825, the presidential candidates were Jackson, Adams, Crawford, and Clay. As there -were 258 electoral votes, 130 were necessary to elect. Jackson led with 96 votes, so there was no election. In the House of Representatives, John Quincy Adams re- ceived the votes of thirteen of the twenty-four States and was elected. As Jackson, the leading candidate, was defeated, the people were bitter in denunciation of an apparent bargaining. in votes. But, as Adams was a strong man, they accepted his election good naturedly after the first excitement was over. Presidential Elections The framers of the Consti- tution thought it unwise to leave the election of the President to a popular vote. The electoral plan was adopted by which electors, chosen for the purpose, would elect the best suited man for the presidency. Though the electoral plan has been in force to the present time, its purpose has long been thwarted. Instead of electors casting their votes according to their individual judg- ment, they cast them uniformly for the candidate of the political party they represent. The President is, there- fore, virtually elected by the people, and after the elec- 596 CIVICS: TEXAS AND FEDERAL tion of presidential electors in November the name of the next President is announced as a fact by the entire press of the country, and no thought is given to his technical election by the electors that will occur several months later. The Conventions. The precincts in each county send délegates to a county convention. The county conven- tions select delegates:to the state conventions. The state conventions select delegates to the national convention, which is called for the purpose of nominating party candidates for President and for Vice President, and: for formulating a platform upon which the presidential campaign will be made. These conventions are called respectively by the county, state, and national executive committees of the various parties. They are usually held in the April or May preceding the presidential election. In several States the law requires each party to hold a presidential primary for the purpose of allowing the voters to instruct their delegates to the national conven- tions. The National Conventions. These conventions meet in June or July so as to give time for a campaign pre- ceding the November election. The number of delegates from each State to each national convention is equal to twice the number of senators and representatives from that State. Four of them are delegates at large; the others are chosen, two by two, from each Congres- sional District. The convention is called to order by the chairman of the national committee. Permanent of- ficers are elected, and committees are appointed. Reso- lutions are adopted which set forth the platform on which the party will go before the people in the fall elec- tions, and generally on the third or fourth day the President and Vice President are nominated. When the time for nominations for the presidency arrives the clerk Copyright by Harris & Ewing Oprning of the Democratic Convention at Baltimore, that NOminated Woodrow Wilson for the Presidency, July 8, 1912 298 CIVICS: TEXAS AND FEDERAL calls the roll of States in alphabetical order. If Ala- | bama, the first State on the list, has no favorite son to nominate, it generally waives its place to some State with a favorite son whose candidacy is looked upon with favor by the delegates from Alabama. In this way the } saames of the leading. candidates get before the Con- vention earlier than they might if they had to wait until their respective States were reached in the roll call. In the Democratic Convention the “unit rule” generally pre- vails, the delegates from a State voting as, the majority of the delegates from that State do; but in the Repub- lican Convention all delegates, not instructed how to vote by the voters they represent, may vote as they please. It requires a majority vote to nominate in the Republican Convention, and a two-thirds vote in the Democratic Convention. After the President is nomi- nated, it is customary to select as Vice President the candidate who can give to. the ticket the most strength. The Electoral College. “The Congress may determine the time of choosing the elec- tors, and the day on which they shall give their votes; which day shall be the same throughout the United States.” (Art. II. Section 1.) In Texas, when the state convention meets to nomi- nate delegates to the national convention, it also selects the electors that are to represent its party. The presi- dential election is held throughout the whole country on the first Tuesday after the first Monday in November of years whose numbers are divisible by four. As elect- ors who receive a plurality of all the votes cast ere elect- ed, it has happened that all of them were not of the same political party. Each State is entitled to as many elect- ors as it has United States Senators and Representa- tives, and the whole number is known as the electoral college. The electoral. college in Texas consists of twenty members. The electoral colleges meet at the | f CIVICS: TEXAS AND FEDERAL 299 capitals of their respective States, on the second Mon- day in the January following their election, and invaria- bly cast their ballots for the nominee of their party, though constitutionally they are free to vote as they please. In voting, they cast their ballots separately for President and for Vice President. The candidate for one of these offices must not be a resident of their own state. They make three copies of the list of persons for whom they voted, and indicate the number of ballots cast for each. These copies are properly signed, certi- fied, and sealed. Two of them are sent to the President of the Senate of the United States, one by mail and one by special messenger. _The third copy is delivered to the judge of the United: States District Court of the district in which the electoral college holds its me~’ ‘ngs. This triple-list plan guards against the destruction of the election record by accident or otherwise, before Con- gress counts the votes. Should the Vice President not receive either of the lists sent to him by the fourth Mon- day in January, he sends after the one filed with the dis- trict judge. Congress Counts the Electoral Votes. On the second Wednesday in February following the meeting of the electors, the Senate and House of Representatives meet in joint session to count the electoral votes. The Presi- dent of the Senate presides, and in the presence of all, he opens the lists of electoral votes sent him by the elec- toral colleges in the various States. These lists are read by the clerks, and the votes for each candidate are count- ed and announced by tellers appointed for this purpose by each house. If any candidate for President or Vice President has received a majority of all the electoral votes cast, he is declared elected.: Election by the House of Representatives. If no can- didate for President receives a majority of the electoral yotes. the House of Representatives proceeds to elect 800 CIVICS: TEXAS AND FEDERAL the President from the three candidates who have re- ceived the highest number of votes for President. A quorum for this election consists of a member or mem- bers from two-thirds of the States. Each State is enti- tled to only one vote. This vote is determined by a majority vote of all the members present from that State. It requires a majority of all the votes by States to elect. If the House should fail to elect a President by the fourth day of March the Vice President becomes President. Thomas Jefferson and John Quincy Adams are the only Presidents who have been elected by the House of Representatives. Election of the Vice President by the Senate. I{ no candidate for Vice President receives a majority of the electoral votes, the Senate proceeds to elect a Vice Presi- dent from the two candidates who received the highest number of votes for Vice President. A quorum for this election consists of two-thirds of all the senators, and a majority of all the senators is necessary to elect. In 1837, R. M. Johnson was elected Vice President by the Senate. Contested Electoral Returns. The most exciting and dangerous national election in our history was that of 1876. There were 369 electoral votes, of which 184 democratic electors, or one less than a majority, were unchallenged. Hayes was the Republican candidate, with 164 unchallenged electoral votes. Party feeling was high and a clash of arms seemed inevitable. To prevent the election of Tilden, the Democratic candi- date, the Republicans questioned the twenty-one votes from South Carolina, Florida, Louisiana, and Oregon. Both parties claimed the vote from each of these four States. As no laws determined what constituted a legal vote, or what authority should pass upon their legality, Congress, in order to settle temporarily these critical CIVICS: TEXAS AND FEDERAL 301 questions, created a special “Electoral Commission” to decide upon the legality of the twenty-one votes repre- sented by double returns. This Commission consisted of five senators, five representatives and five judges of the Supreme Court. Seven were Democrats, seven were Republicans, and one was considered “Independent” in politics, but upon every incidental question that arose in the investigation, the so-called “Independent” voted with the Republicans, making eight to seven in favor of them. He also voted with them on the final question which gave the disputed votes, and consequently, the presidency, to Hayes. Aside from irregularities in vot- ing for the electors, no well informed man ever doubted that South Carolina, Florida, and Louisiana cast de- cisive majorities for Tilder electors. To prevent a re- currence of the “8 to 7” election, Congress passed a law, in 1887, to regulate the counting of electoral votes, leav- ing it to the States to pass upon the legality of Sete election returns. Qualifications. “No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resi- dent within the United States.” (Art. II. Section 1.) Citizens of the United States in 1789, who were of foreign birth, were eligible to the presidency, provided they had the qualifications as to age and residence. This exception was made in deference to such distin- guished patriots and statesmen as Alexander Hamilton. Residence abroad in the setvice of the United States is not a disqualification. Tie qualifications for the vice presidency is the same as for the presidency. Succession to the Pref fdlency. “In case of the remove’. of the President from office, or of his death, resignation, or inability to discharge the powers and 302 CIVICS: TEXAS AND FEDERAL duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the Presi- dent and Vice President, declaring what officer shall act as President, and such officer shall act accordingly until the dis- ability be removed, or a President shall be elected.” (Art. II, Section 1.) Congress has declared that the presidential succession, after the vice president, shall be in the following order: Secretary of State. Secretary of Treasury. Secretary of War. Attorney General. Postmaster General. Secretary of the Navy. Secretary of the Interior. If any of these officials do not possess the necessary qualifications for President they must be omitted from the line of succession. No President has resigned and none has been removed from office. Harrison and Tay- lor died during their term of office; Lincoln, Garfield, and McKinley, were assassinated before completing their terms. All of them were succeeded by the Vice Presi- dent, and there has never been occasion for the succes- sion to go beyond that officer. Salary. “The President shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.” (Art. II, Section 1.) The salary of the President is fixed by Congress be- fore his inauguration and can not be changed during his term of office. In 1909 it was fixed at $75,000. The President is allowed $25,000 for traveling expenses, and is given the use of the executive mansion, or the “White House,” as it is called, from its color. The Inauguration. “Before he eriters on the execution of his office, he shall take | CIVICS: TEXAS AND BPEDERAL 3038 the following oath or affirmation : ‘I do solemnly swear (or af- firm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, pro- tect and defend the Constitution of the United States.” (Art. II. Section 1.) On the fourth day of March following the presiden- tial election, the President and Vice President ar. inaug- urated into office. This is a gala time in Washi gton, for thousands of people have come from all parts 2° the United States to witness the ceremonies. At noon the Chief Justice of the Supreme Court administers the oath THE WHITE HOUSE. George Washinqton Laid the Corner Stone and the Building was First Occupied by President Adams in 1800. of office to the President at the east front of the Capi- tol. After this the new President delivers his inaugural address in which he outlines the policy of his adminis- tration. In the evening a magnificent ball is held in the building of the Pension Bureau. The Vice President takes the oath of office in the presence of the Senate, just a short time before the President is inaugurated. CLINEDINST STUDIO. WASHINGTON, D.C. Inaguration of President Wilson, March 4, 1917 Ota Ly tema ew ee me Ol CIVICS: TEXAS AND FEDERAL 305 THOUGHT QUESTIONS j, State the necessary qualifications of the President of the United States. 2. Give in order the necessary steps in the election of a President. 3. Is there any legal provision against a presidential third term? 4. What is meant by the electoral college? 5. What three electoral colleges failed to elect a President? 6. What two Presidents were elected by the House of Rep- resentatives? When? 7. What President was virtually elected by an electoral commission? 8 What was the significance of “8 to 7” in this commission’s proceedings? 9. How do the representatives of the several States vote when casting their votes for President? For whom must they vote? What majority is required? 10. Who was elected Vice President by the Senate? When? ll. How do the Senators vote for Vice President? For whom must they vote? 12. Can a man who was not the choice of a majority of the voters, be regularly elected President by the electors? Explain. 13. What Presidents were thus elected? 14. What is the present presidential succession law? What are its advantages over the old law? ; 15. Who administers the oath of office to the President? When? CHAPTER XII POWERS AND DUTIES OF THE PRESIDENT Military Power. “The President shall be the Commander in Chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States.” (Art. II. Section 2.) The army and navy are maintained as preventives of -- war. War is the last resort in the settlement of disputes to which nations are parties. War may be waged be- tween two or more nations, or between a nation and its own citizens. Citizens who are in arms against their government are said to be in insurrection or rebellion, until such time as they are able to organize and main- tain an actual government. Then the rebellion becomes a civil war. Inasmuch as the Southern States organized a government immediately after seceding in 1861, it is incorrect to speak of the Confederates as “rebels,” and of the “Civil War” as a rebellion. Success in war demands centralization of authority to direct the army and navy. It also demands quick and decisive action. Congress is slow of action and slow of decision, therefore the Constitution wisely makes the President commander in chief of the military forces of the Nation. To protect the country against a reckless use of this power, the natior -ests in Congress the sole right to declare war, and to provide for all the expenses incident to war. No President has ever taken the field in person, but he delegates the command of the army and navy to officers selected for that purpose. The commis- sioned officers rank downwards, as follows: 306 CIVICS: TEXAS AND FEDERAL 307 Army. Navy. Generals. Admirals. Major Generals. Rear Admirals. pee Generals. Cepia : ; ommanders. M Pee Colonels. Lieutenant Commanders. Gaui Lieutenants. First Lieutenants. Ensigns. Second Lieutenants. Midshipmen. att . | How War is Brought On. Nations usually exhaust all peaceful means to settle their disagreements before re- a sorting to war. War is so costly in lives and money that it is seldom rushed into thoughtlessly. The ag- grieved nation may seize the ships and property of the i citizens of the other nation and hold them as a sort of ransom, or it may place an embargo on them, and de- tain them in its ports until satisfaction is secured. Such .| acts will either hasten a peaceful settlement of the trou- bles, or one of the parties will issue an ultimatum to the ‘al other. This sets forth what must be done to avert war i and specifies a time limit. Unless complied with, war i) generally follows. The nations at war are known as belligerents (war wagers), and all other nations as neutrals (neither sided). The Executive Department. “He may require the opinion, in writing, of the principal offi- cer in each of the executive departments, upon any subject re- lating to the duties of their respective offices.” (Art. II, Sec- si} tion 2.) The framers of the Constitution evidently expected the government to be administered by departments, yet | nowhere in that document is there any provision for di} them. In 1789, Congress created the Departments of aij State, War, and the Treasury, and the office of At- ns} torney General (Department of Justice). These de- partments existed under the Articles of Confedera- tion with different names. In 1798, the administra- 308 CIVICS: TEXAS AND FEDERAL tion of the navy was taken away from the War De- partment, and the Navy Department was created. The Post Office Department was formally recognized in 1794, but it had been practically a department since the or- ganization of the government. In 1849, the. Interior Department was established, The Departments of Agriculture (1889), of Commerce (1903), and. of Labor (1913) were the last to be created. Some people are now urging a Department of Education. No department officials can communicate with Congress except with the consent of the President. The Pardon Power. “And he shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of im- peachment.” (Art. II. Section 2.) Just as the Governor of Texas has power to grant pardons and reprieves to those convicted of violating the laws of our State, so the President can grant par- dons and reprieves to those who are convicted of violat- ing the federal laws. There are eee ways in which he may grant clemency, as follows a. To pardon, which frees the person from the penalty im- posed. b. To reprieve, which grants a delay in carrying out the sentence. c. To commute, which lessens the severity of the sentence. To Make Treaties. “He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur.’ (Art. II. Section 2.) A treaty is a compact made between nations. It is one of the most vital functions of sovereignty. Wis- dom displayed in negotiating treaties at the opportune time, with an insight into future conditions, has been the cause of the prosperity and ascendancy of many na- tions. The President, being in close touch with all the needs of his country, and having an intimate knowledge CIVICS: TEXAS AND FEDERAL 309 of the political and commercial conditions of the other nations of the world, is the best qualified person to ne- gotiate treaties. Treaties may be for the settlement of war issues, for offensive or defensive alliance, for regulation of commerce, or for adjustment of disputed international questions. The President is assisted in negotiating treaties by the Secretary of State. Each nation appoints agents to negotiate. ‘They meet and exhibit their credentials. These credentials give them full power to agree on the terms of the treaty. When the details are all agreed to, two copies: are drawn up on parchment, containing the text of the treaty in both the English language and that of the other nation. These copies are signed by: the negotiators and the treaty is said to be celebrated. If the President approves the treaty he lays it before the Senate. The Senate con- siders it in executive session. Ii it is concurred in by a two- thirds vote of the senators present it is returned to the President, who signs it and has the Great Seal of the United States affixed by the Secretary of State. It then becomes effective as soon as the “ratifications are ex- changed.” This consists in United States: exchanging the copy signed by the President for the one signed by the ruler of the other country. After it is ratified, the President issues a proclamation giv- ing the text of the treaty. It then becomes a ‘part of the federal laws. But, if the Senate amends the treaty, and the amendments meet with the Presi- dent’s approval, it will have to be presented to the representatives of the other nation in its re- 310 CIVICS: TEXAS AND FEDERAL vised form for approval, or rejection. If it provides for the payment of money by our government the House of Representatives is asked to make provision for its payment. The House has never failed to provide such payments, as a failure to do so would involve the honor of our Nation, but in some cases the House has made the appropriation under protest. Important Treaties Jay’s Treaty (1795) settled marine questions threatening war with England. The Treaty of Ghent (1814) concluded the Second War with England. The Ashburton Treaty (1842) settled the northern boundary question and the slave trade. The Gadsden Treaty (1853) settled the Mexican boundary question. The Treaty of Washington (1871) settled the Alabama Claims a privateer question growing out of the Civil War. The Treaty of Paris (1900) concluded the Spanish-Americat War. The Panama Treaty (1904) secured the Canal Zone for the building of the Panama Canal. To Make Appointments. “And he shall nominate, and by and with the advice and con- sent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be estab- lished by law, but the Congress may by law vest the appoint- ment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of de- partments. “The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of their next session.” (Art. II. Section 2.) As the work of most of the appointive officers of our government is to make the administration of the gov- ernment effective, their appointment is rightly vested in the President. The principal officers appointed by the President, in addition to members of his Cabinet, are: CIVICS: TEXAS AND FEDERAL 311 Department Officers State: Ambassadors, Foreign Ministers, Consuls. Treasury : United States Treasurer, Collectors of Internal Revenue, Comptroller of the Currency, Collectors of Customs, Supervising Architect, Supervising Surgeon-General, General Superintendent of the Life Saving Service. Interior: Commissioner of Patents, Commissioner of Pen- , sions, Director of the Geological Survey, Com- missioner of Indian Affairs, Commissioner of Education. Post Office: Assistant Postmasters General, 10.381 Postmas- ters whose salaries. are over $1,000 a year, and 45,032 in 1917. Justice: Federal Judges, Solicitors General of the United States, District Attorneys, United States Mar- shals. Commerce: Director of the Census, Chief of the Bureau of Statistics, Steamboat Inspectors, Commissioner of Fisheries. Labor: Commissioners of Immigration, Commissioners of Naturalization, Commissioner of Labor Statistics, Chief of Children’s Bureau. Agriculture: Chief of the Weather Bureau, Chief of the Di- vision of Forestry, Chief of the Bureau of Animal Industry, Chief of the Bureau of Chemistry. War: Most of the officers of the army. Navy: Most of the officers of the navy. The President also has the power to dismiss from the service of the government any officer appointed by him who proves unsatisfactory. In practice, such officials usually resign. The Classified Civil Service One of the worst fea- tures of the Federal Government is the “Spoils System.” The theory that “to the victor belong the spoils” has been responsible for the dropping of thousands of efficient of- 312 CIVICS: TEXAS AND FEDERAL ficials upon the advent of a new President. Prior to 1583, a change in the presidential office meant that even the lowest salaried clerks were liable to be supplanted by friends of the new President, or of the higher officials appointed by him. In that year, Congress passed an act creating a Civil Service Commission and placed thou- sands of clerks in the classified civil service. In 1916, there were 296,926 officials of the government who had secured their positions through competitive examina- tions. Such officials belong to the classified civil sery- ice and can not be removed from office except for cause. When there is a vacancy in such a position, the Civil Service Commission certifies to the proper official the names of the three persons eligible for it who made the highest grades in the examinations. So far as possible, the candidates are apportioned so that each State shall have a fair representation in the classified civil service. One of these candidates must be chosen for the vacancy. Messages to Congress. “He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient.” (Art. II, Section 3.) By custom, the President sends a formal message to Congress at the beginning of each session. Through this formal message, he recounts the general condition of the country, the doings of the Departments during the year, and the needs of the Nation. Special messages are also sent from time to time recommending the en- actment of particular laws to meet certain emergencies. Not all the recommendations in the annual message are considered by Congress, but the recommendations in a special message generally receive consideration. CIVICS: TEXAS AND FEDERAL 813 Extra Sessions of Congress. “x * %* he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such a time as he shall think proper.” (Art. II, Sec. 3.) The conditions of the Nation sometimes demand the attention of Congress during its recess, or Congress sometimes adjourns by limitation, with necessary busi- ness unfinished, such as appropriations for the current expenses of the government. Under such circumstances, the President can call an extra session of Congress. The House of Representatives has never been called in sepa- rate special session. When there is a change in the presi- dency, the outgoing President calls the Senate in special session so that it may be ready to confirm the heads of the departments nominated by his successor. It has also been called in separate session to ratify treaties. Receives Foreign Ministers. “Fle shall receive ambassadors and other public ministers.” (Art. II, Section 3.) Each country with which the United States is on friendly terms is represented at Washington by a diplo- matic officer who acts as the agent of his country in the transaction of all official business with the United States. There are various grades of such officers rank- ing downwards, as follows: Ambassadors, Envoys, Ministers Plenipotentiary, Ministers Resident, Consuls-General, Consuls, Vice Consuls, Charge d’affaires (shar zha da far). When a foreign minister, accredited to this country reaches Washington, he presents the credentials given him by his own government to the Secretary of State. If his appointment is satisfactory to our Government, a time is set when he is formally presented to the Presi- dent by the Secretary of State. This presentation takes Q ¢ 314 CIVICS: TEXAS AND FEDERAL place at the White House. Should a foreign minister become persona non grata (pér sd’na non gra’ta), i. e., objectionable to this Gov-/ ernment, his recall will be requested. In time of war between two iMaptn Ons alll diplomatic re- lations are broken off and neither nation is represented at the capital of the other. War is some- CHINESE LEGATION AT WASHINGTON. Z ‘ This Building isthe Home of the Chinese Min- times virtually ister and His Retinue. Nearly All Foreign gladevaadl by a Nations Have Legations at Washington. nation returning to the minister of the other nation his credentials, which is equivalent to inviting him to leave the country. Executes the Laws. “ck 0 >k he shall take care that the laws be faithfully exe- cuted, and shall commission all the officers of the United States.” (Art. II, Section 3.) The principal duty of the President is to see that the federal laws are faithfully executed. In times of peace this is done very largely through the United States Mar- shals who are located in all parts of the country. Should they be unable to execute the laws, the President has power to use the army and navy for that purpose, and if necessary, to call out the militia of the several States. Should an uprising against the laws of Texas become too great to be quelled by the Governor with the aid of CIVICS: TEXAS AND FEDERAL 315 state troops, he would call on the President for assist- ance, and then United States troops would be sent into the State to restore peace. At the time of the great strike of the employes of the Pullman Car Company, in 1894, President Cleveland startled the country, by sending United States troops to Chicago to put down the riots attending the strike, although they were not requested by the Governor of Illinois. He did this on the ground that interstate commerce and the carrying of the mails were being interfered with. THOUGHT QUESTIONS 1. Does the President ever take active command of the army in its field operations? 2. Some wars unite a people, while other wars estrange them. Explain why this is so. 3. Has the United States had each of these types of wars? When? 4. Where is the power vested to declare war? 5. What is meant by the terms belligerents, neutrals, ulti- matum, embargo, and contrabands? 6. Can the President pardon a person convicted in an im- peachment trial? 7. State the formal steps taken in making a treaty. 8. Name one treaty and state its provisions. 9. Describe the Great Seal of the United States. 10. What is meant by appointments ae during the recess of the Senate? 11, What is the length of term of recess poe 12. What is meant by civil service? Signal service? Secret service? 13. What is a presidential message? How delivered? 14. What is meant by receiving foreign ministers? 15. Upon whose request will the Presidenc send troops into a State to quell riots, etc.? 16. Under what circumstances may the President send troops into a State where rioting exists without the request of the governor? ChUAR TER XT THE DEPARTMENTS The President’s Cabinet We have already learned that there are nine departments in the executive branch of the government. The heads of these departments constitute the President’s Cabinet. As the success of the administration depends largely on the codperation that exists between the President and the members of his Cabinet, it is conceded that they should be men of his choice, men in whom he has the utmost confidence, both as to their ability and loyalty. The Senate never ques- tions the fitness or qualifications of these appointees, but confirms them without discussion. President Wilson’s Cabinet 1918, 1. President Woodrow. Wilson. 2. Wiiliam G. McAdoo, Secretary of Treasury. 3. Thomas W. Gregory, Attorney General. 4. Josephus Daniels, Secretary of Navy. 5. Robert Lansing, Secretary of State. 6. David F. Houston, Secretary of Agriculture. 7. Newton D. Baker, Secretary of War. 8. William B. Wilson, Secretary of Labor. 9. Albert S. Burleson, Postmaster General. 10. Franklin K. Lane, Secretary of Interior. 11. William C. Redfield, Secretary of Commerce, 316 CIVICS: TEXAS AND FEDERAL 317 The Power of the Cabinet As the Constitution does not provide for a cabinet, it follows that it can have no legal position in the organization of the government. Early in the history of the Republic, the President adopt- ed the plan of having the heads of the executive depart- ments meet with him for the purpose of consultation and advice. It is now the custom of the Cabinet to meet with the President twice a week. These meetings are held at the White House. While the President frequent- ly asks the advice of his Cabinet, he is under no obli- gation to follow it. It is said that Lincoln did not dis- cuss the issuing of the Emancipation Proclamation with his cabinet until he had drafted it. No record is kept of what transpires at meetings of the Cabinet. Cabinet officers receive a salary of $12,000 a year. The Department of State- This is the most impor- tant department, for all international transactions are conducted through it. The Secretary of State is at its head and consequently is the ranking cabinet officer. He is largely responsible for the foreign policy of the Nation. This department carries on all the important official correspondence with the representatives of for- eign nations stationed in this country, and with the rep- resentatives of the United States in foreign countries. It also has charge of the official correspondence of the Nation with the several States. The Secretary of State is the custodian of the Great Seal of the United States, and of the archives of the Nation in which are carefully preserved all its laws and treaties. Passports. When a citizen of the United States plans a journey to a foreign country he usually secures a pass- port. This is a document issued under direction of the Secretary of State attesting to the fact that he is a citi- zen of this country and entitled to all the rights and pro- tection of American citizens. A passport is good for //' ' 79005 A Passport.CIVICS: TEXAS AND FEDERAL 319 two years and contains a full description of the person to whom it is issued. The Dipiematic and Consular Service- These are the two most important branches of the Department of State. The members of the diplomatic service repre- resent the United States as a nation at the capitals of the different countries of the world. They conduct all the of- ficial intercourse and correspondence between the Unit- ed States and the goveraments of the countries to which they are accredited. The consular service consists of con- sul generals, consuls, commercial agents, and consular agents. These officials are located at all important ports and many inland cities in every country of the world with Photograph by Clinedinst. Counting Currency in the Treasury Department. 320 CIVICS: TEXAS AND FEDERAL which the people of the United States have business rela- tions. They study the trade conditions in their respective districts and make reports to the Secretary of State, sug- gesting how American trade can be increased ; they certi- fy to the correctness of invoices of goods bought to be exported to the United States; they settle disputes be- tween American sea captains and their crews; they set- tle foreign estates of Americans dying abroad; they look after the interests of American citizens in trouble. The Treasury Department. The Secretary of the Treasury is at the head of this Department. He is largely responsible for the financial policy of the Na- tion, and upon the wisdom of this policy depends, to a considerable extent, the prosperity of the country. This department has the custody of all funds belonging to the United States and pays out money only by war- Tke Bureau of Engraving, Where the Treasury Notes, Bank Notes, and Postage Stamps Are Printed. CIVICS: TEXAS AND FEDERAL 321 Photograph by Clinedinst. Gold Room in the Treasury Department. The gold coin and bullion stored in this room are worth millions of dollars. rants drawn upon the Treasury, after the accounts have been properly audited. It superintends the collection of the duties and customs, and of the internal reve- nue. The mints where the money is coined, and the Bu- reau of Engraving and Printing where all the United States notes, bonds, revenue stamps, and postage stamps are made, are under its control. Other branches of the Treasury Department are the Life Saving Service, the Marine Hospital Service, the Quarantine Stations, and the Office of the Supervising Architect, where all plans for new Federal buildings are drawn. The War Department. The Secretary of War is at the head of this department. He has charge of the mili- tary affairs of the Nation. He has general oversight of 322 CIVICS: TEXAS AND FEDERAL Cadet'Barracks at the United States Military Academy, West Point. the Military Academy at West Point, where our army officers are trained. The various forts, fortifications, docks, and arsenals are under the control of the War Department. It also exercises jurisdiction over all of the harbors and navigable rivers, prevents their ob- struction, and supervises their improvement. The Department of Justice This department was not established until 1870, but the office of Attorney General was created by Congress in 1789. It is pre- sided over by the Attorney General, who is the legal adviser of the President and of the heads of the various Departments. All the Federal district attorneys are subject to his direction. The Attorney General con- ducts, either in person or through his assistants, all suits CIVICS: TEXAS AND FEDERAL 323 to which the United States is a party. By order of the President, he causes special investigations to be made of corporations, supposed to be guilty of illegal practices, and brings suits to oust them from interstate commerce. The Post Office Department For many years the postal system of the country was a branch of the Treasury Department, but in 1829 the Postmaster Gen- eral was made a member of the Cabinet. This Depart- ment has control of all postal affairs, including post roads, post offices, transporting the mails, the ‘sale of postage stamps, registration of mail, postal money or- ders, and postal savings accounts. The Postn.aster General appoints all postmasters whose salaries are less than $1000 a year. The Postoffice Department. 324 CIVICS: TEXAS AND FEDERAL The Navy Department. The Secretary of the Navy meeis at the head - of this Depart- ment. It has general charge of the naval affairs of the nation, includ- ing the con- struction of new war ves- sels, and the maintenance of The St e State, Decide. Departments the navy yards, where the war vessels are equipped and repaired. The Naval Academy at Annapolis is also under its control. The Department of the Interior. This Department was established in 1849 with the Secretary of the Inte- rior as its head. It has control of the public lands, and the care of Indians living on reservations, who are wards of the Nation. The Bureau of Education, one of the divisions of this department, employs experts to study different phases of educational work and to make sug- gestions to the people of the different States, and is also in charge of the public schools in Alaska, and in the United States island possessions. The Pension Bureau and the Patent Office are also important branches of the Department of the Interior. The Department of Agriculture This department was established in 1862, but the Secretary of Agricul- ture was not made a member of the Cabinet until 1889. CIVICS: TEXAS AND FEDERAL 325 U. S. WEATHER FLAGS. > ia No. 1 No, 2 No. 3 No. 4 No. 5 White. Blue. White and Black, White With Blue. Black Square. Fair Rain or Local Rain Temper- Cold Weather. Snow. or Snow. ature. Wave. These flags are displayed over Post Offices and other Government Buildings, for the information of the public. When the temper- ature flag is placed above Number 1, 2, or 3, it indicates warmer weather; when below, colder weather. During the late Spring and early Fall the cold wave flag is used to indicate anticipated frosts. The work of this department is to spread knowledge of systematic and scientific farming. It has special bu- reaus devoted to animal industry, plant industry, forest- Courtesy of the Weather Bureau. A Weather Map. This Map indicates that a Gulf Storm is raging. ry, etc. It is of great service in meat inspection, food inspection, investigation of animal and plant diseases, and in conducting experimental stations. The Weather Bureau is one of its branches. This bureau sends out 326 CIVICS: daily reports as to Port Bolivar Lighthouse, off Galveston Island. This light can be seen by ves- sels 15 miles distant. TEXAS AND FEDERAL weather conditions, and storm ‘warn- ings for the benefit of sea captains, fruit growers, etc. The Department of Commerce. The Secretary of Commerce is charg- ed with the work of promoting the commerce of the United States and its mining, manufacturing, shipping, fish- ery, and eon ation interests. He has general supervision of census tak- ing, standardizing weights and mea- sures, maintaining lighthouses, coast and geodetic surveying, steamboat inspection, licensing merchant and passenger vessels, enforcing laws re- ating wireless equipment on ocean steamers, rence ~ import and export ' The Department statistics, etc. of Labor. The Secretary of Labor is charged with U. S. Fish Hatchery at San Marcos. their opportunities the ¢inty of fostering, promoting, and develop- ing the wel- fare of the wage earners of the United Shuai e Ss) im proving their working con- ditions, and advancing for profitable employment. He has power to act as mediator in labor disputes, to collect / CIVICS: TEXASVAND HE DEIWAIE Oil labor statistics, to administer naturalization laws, to see that child-weliare laws are enforced, to supervise immi- gration. The Department of Commerce and Labor was created in 1903. In 1913 this Department was divided into two Departments, viz., Commerce, and Labor. THOUGHT QUESTIONS 1. Does the President virtually have the sole power to select his own cabinet? Why does the Senate confirm the cabinet appointments without question? Do the cabinet officers participate in the executive func- tion of government? 3. Do cabinet meetings concern the public? Why not? 4. Why is the Secretary of State regarded as the ranking cabinet officer? 5. What is meant by the diplomatic service? 6. State some of the duties of a consul. 7. Are navigable rivers under control of the States? 8. Under whose control is the West Point Military Acad- emy? The Annapolis Naval Academy? 9. What is a bureau? A department? 10. Under what department is the Bureau of Education? 11. What is the Weather Bureau? Its value? 12. What is a passport? 13. Does’ the United States own the post office building in your town? 14. What are weather forecasts? 15. How is fair weather with a cold wave shown by flags? Warmer weather with local rains? CHAPTER XIV THE JUDICIAL BRANCH Necessity of a Federal Judiciary. The most defective point in the government under the Articles of Confeder- ation was the lack of a Judicial Department. The inter- pretation of all laws passed by Congress was left to the courts of the individual States. Under such a system no uniformity of decisions was possible. This defect had been so forcibly shown that the framers of our Constitution adopted our judiciary system with greater unanimity than any other phase of the government. Without a Judicial Department to act as a check on leg- islation, Congress and the President would be supreme. It is this feature of our Constitution that showed its framers to be possessed of creative ability of the highest type, for there was no English precedent for the Supreme Court. The Federal Judiciary. “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time obtain and establish.” (Art. III, Section 1.) The Federal Judiciary consists at present of the fol- lowing courts: The Supreme Court. Nine Circuit Courts of Appeals. Ninety-seven District Courts. The Court of Customs Appeals. The Court of Claims. Although the Constitution prescribes no particular qualifications for Federal judges, the men selected have generally been possessed of high persona! integrity, of liberal political views, and of great legal ability. Their appointment for life makes them independent of political 328 DISTRICTS OF THE UNITED STATES CIRCUIT COURTS OF APPEALS CIVICS: TEXAS AND FEDERAL 399 parties and of political movements. They are truly na- tional characters, and they guard the rights and inter- ests of the Nation as a whole. A partisan Congress and President might increase the number of Supreme Judges so as to obtain a partisan decision on some grave ques- tion; but this procedure is of such doubtful possibility that no fears are entertained of its occurrence. For more than a century the Supreme Court has been above suspicion and has enjoyed the highest confidence of the people. It is regarded by all nations as one of the most learned and most just courts in the world. Appointment and Tenure of Office. “The Judges, both of the Supreme and inferior courts, shall hold their offices during good behavior.” (Art. III, Section 1.) As we have already learned, all Federal judges are appointed by the President and confirmed by the Senate. he President and the Senate are the sole judges of their qualifications. The judges of all the regular fed- eral courts, are appointed for life, subject only to re- moval from office by impeachment proceedings for mis- conduct or incompetency. Since the establishment of our government only five federal judges have been im- peached, and of these, only two were convicted and re- moved from office. Any federal judge who has held his commission for ten years and has attained the age of seventy years, may resign, if he desires to do so, and continue to draw his full salary until death. Salaries of Federal Judges. “x -& and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their con- tinuance in office.” (Art. III, Section 1.) Chief Justice of Supreme Countays-eeeeere ne $15,000 per annum Associate Justices of Supreme Court.......... 14,500 per annum Circuit Judges, 4.00. 0.0m e eee eee eee 7,000 per annum District Judges’ ..-- 0-4. eee eee eens 6,000 per annum Judges of the Court of Customs Appeals...... 7,000 per annum Chief Justice of Court of {@latmnseeeeese eee 6,500 per annum Associate Justices of Court of Claims......... 6,000 per annum 330 CIVICS: TEXAS AND FEDERAL The inability of Congress to even harass judges by decreasing their salaries is another safeguard of the independence of the federal courts. Jurisdiction of the Federal Judiciary. “The judicial powe’ shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty, and maritime jurisdiction; to contro- versies between two or more States; between a State and citi- zens of another State; between citizens of different States; be- tween citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.” (Art. III. Section 2.) Soo. after the adoption of the Constitution persons with all kinds of claims against the States brought suits in the federal courts to enforce them. While the framers of the Constitution possibly did not contemplate making a State a defendant in a suit brought by a citi- zen of another State in the federal courts, the language of the Constitution was so interpreted in a test case taken to the Supreme Court in 1793. It decided that a State could be sued by a citizen of another State. This decision opened the way for unlimited annoyance to the States and much possible injustice by false claims. It created such an alarm among the people of the sev- eral States that they determined to amend the Consti- tution to remedy the evil. So Congress proposed the Eleventh Amendment, which was declared adopted in 1798. The amendment is as follows: “The judicial power of the United States shall not be con- strued to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of an- other State, or by citizens or subjects of any foreign State.” A State may still be sued by another State or by a foreign State, but not by a citizen or subject of such State. Several States have repudiated debts fraudulently incurred through corrupt officials. Such debts were in- CIVICS: TEXAS AND FEDERAL 33! curred in the Southern States under corrupt officials during the “Reconstruction Period,’ and were rightly ndacred or repudiated. Were it not for this amend- ment, the payment of them could be enforced in the United States Courts. The Supreme Court. “In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases be- fore mentioned, the Supreme Court shall have appellate jurisdic- tion, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make (Art. III. Sec- tion 2.) The Supreme Court now consists of one Chief Justice and eight Associate Justices. It holds one term annually at Washington, beginning on the second Monday in Oc- tober and continuing until about May 1. The Supreme Court has original jurisdiction in all cases affecting ambassadors, foreign ministers and consuls, and those Copyrighted by Underwood and Underwood. Arguing a Case before the Supreme Court of the United States. 332 CIVICS REXeNS AND FEDERAL to which a Staté is a party. As cases affecting the rep. resentatives of foreign governments are of such inter- national importance that inequitable decisions might lead to war; and as those to which a State is a party are of such great consequence they very properly originate in the Supreme Court, and no other court can have any jurisdiction. whatsoever. The Supreme Court has ap- pellate jurisdiction in such important federal cases as those involving the jurisdiction of different courts, prize cases, capital crimes, interpretation of the Constitution, treaties, and conformability of State laws to federal laws. Circuit Courts of Appeals As it was found impos- sible for the Supreme Court to review dll cases brought to it on appeal, and as these cases came in ever increasing numbers, Congress afforded relief, in 1891, by the cre- ation of the nine Circuit Courts of Appeals. It divided the United States and its Territories into nine circuits, or districts, and distributed these circuit courts of appeals accordingly. Jurisdiction of Circuit Court of Appeals First Rhode Island, New Hampshire, Maine, Massachusetts, Porto Rico. Second. Vertnont, Connecticut, New York. Third New Jersey, Pennsylvania, Delaware. Fourth Maryland, Virginia, West Virginia, North Carolina, South Carctina. Fifth Georgia, Florida, Alabama, Mississippi, Louisiana, Texas. Sixth. Ohio, Michigan, Kentucky, Tennessee. Seventh. Ihdiana, [llino?s, Wisconsin. Eighth Nebraska, Kansas, Oklahoma, Arkansas, Missouri, Towa, Minnesota, North Dakota, South Dakota, Utah, Wyoming, Colorado, New Mexico. Ninth California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii. CIVICS: TEXAS AND FEDERAL 333 The Circuit Courts of Appeals have jurisdiction in cases appealed to them from the District Courts, when they involve infringement of the patent, revenue, and United States criminal laws, and also in lawsuits be- tween aliens and citizens of the United States, or be- tween citizens of different States. Their decisions in such cases are final, unless the Supreme Court wishes to assume jurisdiction and review a particular case. The District Courts. “The trial of all crimes, except in cases if impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.” (Art. III, Section 2.) In order that those accused of crimes against the fed- eral laws may be tried in the States where these crimes occurred, the nine circuits are divided into 104 districts with a United States District Court for each of them. Usually there is a separate judge to each district, but in some very thinly populated districts, one judge will pre- side over the courts in two districts. In many States there are two or more districts, as‘in Texas, where there are four, known as follows: The Eastern District. The Western District. The Northern District. The Southern District. The district judges hold court at specified times in their respective districts, and when the districts are large, in several different places. Often cases arising in - State courts are transferred, or appealed to these District Courts, if either party to them can show that a federal law is in some way involved, or that his rights under the United States Constitution are in danger. 334 CIVICS: TEXAS AND FEDERAL Courts of Customs Appeals. Frequently disagree- ments arise between importers and the custom house officials as to the rate of duty to be charged on certain imports. The importer appeals from the decisions of the collector of customs to a Board of General Apprais- ers. If this Board decided against him he formerly ap- pealed to the United States District Court, but in 1909, a new court was created to hear such questions. This court is known as the Court of Customs Appeals and its decisions are final. It consists of a presiding judge and four assistant judges, and is in session during most of the year. It meets in various cities in different parts of the country. In addition to their regular salaries, the judges of this court receive traveling allowances of $1500 each. The Court of Claims. The United States, in her soy- ereignty, refuses to become a defendant in a law suit. International controversies are adjusted through arbi- tration, or by treaty. While not allowing herself to be sued by a citizen, our Nation is willing to settle all just claims against it. To provide for an equitable settle- ment of such claims Congress established the Court of Claims, composed of a Chief Justice and four Associate Justices. Anyone with a claim against the United States can appear before this Court, in person or by his attorney, and present his claim with all the evidence to support it. The Court reviews this evidence under such critical conditions that the government is protected against fraud, and then makes such awards as appear just. These awards are reported to Congress so that the necessary appropriations can be made to pay them. Claims of much magnitude are laid before’Congress, in- CIVICS: TEXAS AND FEDERAL 335 stead of the Court of Claims, and if the claim is just a resolution embodying such an allowance as is deemed equitable is passed, the resolution taking the same course as does a regular bill. International Arbitration During the history of our country many controversies with foreign nations have been settled by arbitration. This consists of an agree- ment to submit both sides of the controversy to a tri- bunal chosen from a neutral country and to abide by its decision. Among the most important controversies to which the United States has been a party, which have been settled in this way, are the Venezuela Boundary Question, and the Bering Sea Fisheries Question. In 1899, a “Permanent International Court of Arbitration” was established by twenty-four nations at The Hague. Each nation appoints four members of the court who are to serve for six years. The records of the court are kept at The Hague. International disputes may be re- ferred to members of this court, or they may be adjudi- cated by the court itself. Among the cases that have been settled by the Permanent International Court of Arbitration is the Atlantic Fisheries Dispute, which at one time threatened the friendly relations of the United States, and Canada and Great Britain. In 1910, Andrew Carnegie donated $1,500,000 to erect “A Palace of Peace” at The Hague, to serve as a permanent home for this International Court. He has also donated a fund of $10,000,000, the income of which shall be used to ad- vance the cause of international peace. 336 CIVICS: TEXAS AND FEDERAL Territorial Courts The Courts of the District of Columbia, and in the Territories of the United States, are not a part of the federal judicial system, although they are under the control of Congress. Their judges are OOO i ALBAN ba) SDI SOO ceaaistsseiteriocas ioral Courtesy of Collier’s, The Palace of Peace, The Hague. appointed by the President for terms of four years, sub- ject to the concurrence of the Senate. Whenever a Territory becomes a State, its territorial courts are suc- ceeded by regular courts as provided in its Constitution. SH SON AUR ee Ws Who i 11 adjust CIVICS: TEXAS AND FEDERAL 33% THOUGHT QUESTIONS Name the classes of Federal courts. What are the qualifications of Federal judges? What is their term of office? Why such a term? When is a Federal judge retired on salary? How can a Federal judge be removed? What Federal judges have bee impeached ? Who compeses the Supreme Court? What is necessary to a Supreme Court decision? What is meant by a dissenting opinion? What importance is attached to a dissenting opinion? Hew many Federal District Courts are there in Texas? Who is the judge of the Federal Court in your district? s the Marshal? The Federal District Attorney? How are ordinary claims against the United States ed? When are claims adjusted by arbitration? Does Congress ever settle claims directly? What is meant by “The Hague” Court? Who compose this Court? Who furnished the home for this International Court? What great good may this Court accomplish? What are some of the cases that have been adjudicated? CHART BR Davy; IMPEACHMENT PROCEEDINGS What Is Impeachment. “The President, Vice President and all civil officers of tne United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and mis- demeanors.” (Art. II. Section 4.) An impeachment is a formal accusation. It is similar to the action of a grand jury, and does not determine the guilt or the innocence of the accused. In 1799, Senator Blount was impeached by the House of Representatives for violating the Neutrality laws, but the Senate re- fused to “try the impeachment” for want of jurisdic- tion, as senators are representatives of the people and are not civil officers. The House of Representatives Impeaches. “The House of Representatives shall have the sole power of impeachment.” (Art. I. Section 2.) If any person liable to impeachment is considered guilty of impeachable conduct, a resolution to impeach him is introduced in the House of Representatives. This resolution is referred to a committee which investigates the charges against him. If it considers the evidence to be sufficient to warrant impeachment, it will recommend the passage of the resolution. This resolution, when passed, is known as the “Articles of Impeachment,” and corresponds to an indictment in an ordinary criminal case. The House also appoints a committee, usually consisting of seven members, to impeach the accused of- ficial at the bar of the Senate, and to prosecute the case. The members of this committee are known as the “Man- agers.” The Senate Tries the Case. “The Senate shall have the sole power to try all impeachmenis. When sitting for that purpose, they shall be on oath or affirma- tion. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.” (Art. I. Section 3.) 338 CIVICS: TEXAS AND FEDERAL 339 Impeachment trials are held in the Senate chamber. The House of Representatives attend in a body on the opening day, but after that the management of the case is left to its managers. The accused official may be represented by-attorneys. The examination of wit- nesses, the presentation of other competent evidence, and the submision of arguments, are in accordance with the rules observed in ordinary court trials. At the close of the trial, the Senate votes on the question of guilt in executive session. If two-thirds of the Senators present decide by vote that any one of the charges is sustained by the evidence, the accused official is declared guilty and judgment is then pronounced. Nature of Judgment. “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and en- joy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.” (Art. I. Section 3.) ‘ 3 There have only been. ten impeachments, and eight impeachment trials in the history of our Republic. Only three of them resulted in convictions. In 1804 Judge Pickering of New Hampshire was convicted of drunk- enness and profanity on the Bench, and for wrongful imprisonment of an attorney for contempt. In 1862 Judge Humphries of Tennessee was convicted of dis- loyalty to the United States, expressed in a public speech, and for accepting a judgeship under the Con- federate States of America. In 1913, Robert W. Arch- bald, Associate Judge of the United States Commerce Court, was convicted of corrupt collusion with coal mine owners and railroad officials while in office. In these three convictions the judgment was only removal from office. The most notable impeachment trial was that of President Johnson in 1868. This trial was character- ized by intense partisan feeling and political bias. Only 340 CaVICS: TEXAS AND FEDERAL one vote was lacking to make the two-thirds necessary for conviction. Treason. “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. “The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person at- tainted.” (Art. III. Section 3.) In order to be guilty of treason there must have been an assembling of men against the power of the United States. After that “all persons who then perform any act, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered traitors. Any one is adherent to the enemies of the country and giving them aid and comfort, when he supplies them with intelli- gence, furnishes them with provision or arms, treach- erously surrenders to them a fortress, and the like.” Treason is punishable with death, or at the discretion of the Court, with imprisonment for not less than five years, a fine of not less than ten thousand dollars, and incapacity to hold any office under the United States. THOUGHT QUESTIONS 1. Describe the methods of impeaching an official. 2. Describe the proceeding in an impeachment trial. 3. What sentence may be imposed? 4, What is necessary for conviction? a Who can pardon a person convicted in an impeachment trial? 6. Why is the President deprived of his general pardon power in these cases? 7. How many impeachments have there been? 8. How many impeachment trials have there been? 9. How many impeachment convictions have there veen? 10. Which impeachment proceeding was notably partisan? ll. Define treason, CHAPTER XVI THE STATE AND THE FEDERAL GOVERNMENT State Comity. “Full faith and credit shall be given in each State to the pub- lic acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” (Art. IV. Section 1.) It is because of this clause that one State cannot undo what another has done. A divorce granted in Nevada must be recognized in New York, even though the divorce laws in the former State are much more lax than in the latter. Rights of Citizens. “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. “A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.” (Art. IV. Section 2.) When a person commits a crime in one State and escapes to another he may be returned to. the scene of the crime for trial. This is known as extradition. The Governor of the first State sends a request to the Gov- ernor of the other State that he extradite the fugitive from justice. In practice, the request is accompanied by a copy of the indictment, or the warrant for his arrest. Sometimes the fugitive resists extradition and the Gov- ernor gives him a hearing at which he may prove that the offense is not extraditable, or that he can not secure a fair trial if returned. Generally the extradition is granted, but the Goveruor can not be forced to grant it, by mandamus proceedings or otherwise. 341 342 CIVICS: TEXAS AND FEDERAL ‘Fugitive Slaves. “No person held to service or labor in one State under the laws thereof, escaping to another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.” (Art. IV. Section 2.) This clause was put in the Constitution to enable the owners of escaped slaves to seize them wherever they might find them. Since the adoption of the Thirteenth Amendment it has been obsolete. Formation of New States. “New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdic- tion of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Con- gress.” (Art. IV. Section 3.) Congress can admit a Territory into the Union as a State upon the application of its citizens for statehood. The usual plan is for Congress to pass an “Enabling Act” giving the Territory the right to call a convention to frame a constitution for the proposed State. If this constitution insures a republican form of government and is approved by Congress, the President issues a proclamation announcing the admission of the State into the Union. Congress generally refuses to admit a Terri- tory into statehood if it has not sufficient inhabitants to entitle it to at least one representative. Nevada has never had a population equal to the representative ratio at the time of her admission. Its admission gave two additional senatorial votes at a time when they were needed. The Creation of West Virginia During the Civil War the western part of Virginia, where slaves were few and the population sparse, was in sympathy with the Union cause, and furnished many soldiers to the Fed- eral Army. In consideration of these things, and as a war measure, it was cut off from Virginia and made a CIVICS: TEXAS AND FEDERAL 343 new State in 1863. This was done without the consent of, and in opposition to the wishes of Virginia. In a debate in the House of Representatives Congressman { Thaddeus Stevens of Pennsylvania declared, “We know it is not constitutional, but it is necessary.” However, as all parties have quietly submitted to this unconstitu- tional act, it is not likely it will ever be rescinded. The Federal Territory. “The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shail be so construed as to prejudice any claims of the United States, or of any particular State.” (Art. IV. Sec- tion 3.) Ever since the organization of our Nation the Federal Government has possessed large areas of territory be- longing to the Nation as a whole. It inherited from the Confederacy all the country lying between the western borders of the Atlantic States, and the Mississippi River, except what was claimed by North Carolina, South Carolina, and Georgia. This clause protected those States in their claims until they relinquished them. In 1803, the Louisiana Territory was added, and in 1819, Florida was ceded to us by Spain. Texas came into the Union through voluntary annexation in 1845, and the Mexican War, three years later, together with the Gads- den Purchase, added a large territory in the Southwest. In 1867, Alaska was purchased from Russia, and in 1898, Hawaii was annexed. The War with Spain added Porto Rico, the Philippine Islands, and several smaller islands in the Pacific Ocean. Finally the Canal Zone was ac- quired that the Panama Canal might be constructed. Out of much of this country, Territories were organized, and as they were settled they were admitted to the Union. Until such time as these Territories became States, they were governed by officials appointed by the 344 CIVICS: TEXAS AND FEDERAL Courtesy of Silver, Burdett & Co. 0 Raising the United States Flag at Honolulu, signifying the for- mal acquisition of the Hawaiian Islands by the United States. President and confirmed by the Senate. At the present time Alaska and Hawaii are organized Territories. Guarantee to the States. “The United States shall guarantee to every State in the Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the executive (when the Legislature cannot be convened) against domestic violence.” (Art. I. Section 4.) Tt was this clause in the Constitution that furnished the authority for “Reconstruction” after the Civil War. Congress was unwilling to allow the States that had seceded to return immediately to their former condition of statehood. Consequently they were placed under military rule, and Senators and Representatives from the different States were gradually re-admitted into Con- gress. It was not until Rutherford B. Hayes became President, in 1877, that the troops were wholly with- MAP OF THE UNITED STATES SHOWING ACCESSIONS OF TERRITORY CIVICS: TEXAS AND FEDERAL 845 drawn from the Southern States, and the government of these States left to their citizens. Supremacy of National Laws. “This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.’ (Art. VI.) Whenever there is a conflict between a state law and a federal law, the State must yield to the Nation. Such conflicts are generally decided in the Supreme Court. The last law or treaty in reference to the matter takes precedence. The Official Oath. “The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.” (Art. VI.) THOUGHT QUESTIONS 1. What is meant by “full faith’ and “credit” as used in Article IV? Illustrate. 2. Is a governor compelled to surrender a fugitive from justice upon the requisition of the governor of the State from which the fugitive came? Why not? 3. How may new States be admitted? 4. Must a new State have a representative ratio of inhabi- tants? 5. If a State has more than a representative ratio of in- habitants, is Congress required to admit it? 6. What State was formed in direct violation of the Con- stitution? 7. How was this congressional violation of the Constitu- tion justified ? 8 Can Congress admit a Territory into Statehood without a direct application for Statehood by that Territory? 9. What is an enabling act? 10. How can Congress exercise a control over the Constitu- tion of the new State while it is seeking admission? 11. Can a State afterwards change its Constitution by an amendment, embodying the features Congress would not allow in the original Constitution? CHAPTER XVII THE CIVIL WAR AND ITS CONSEQUENCES The Right of Secession. This is the most momentous question that has arisen in the history of our national existence. Under the Articles of Confederation each State was free to withdraw from the Confederacy at any time. When New York and Rhode Island ratified the Constitution they both declared that “the powers of government might be resumed by their citizens, when- ever it might become necessary to their happiness.” Virginia ratified it with the proviso that “the power granted to the Federal Government under the Constitu- tion might be resumed by her people when the same - should be perverted to their injury or oppression.” Threats of Secession. In talking about secession, peo- ple often forget that the right of a State to secede was very generally held in the North, as well as in the South, in the early days of the Republic. The first threat to make use of this state right came from Hartford, Ct., where, in 1814, a convention of delegates from the New England States was in session. This convention, which had been called to oppose the continuance of the war with England, declared: “In cases of deliberate, dangerous, and palpable infractions of the Constitution affecting the sovereignty of a State and the liberty of the people, it is not only the right, but the duty of the State to interpose its authority for their protection in the manner best calculated to secure that end. States which have no common umpire must be their own judges and execute their own decisions.” Even before that the Massachusetts Legislature, in 1803, had declared if a resolution that: 346 CIVICS: TEXAS AND FEDERAL 347 “The annexation of Louisiana to the Union transcends the constitutional power of the government of the United States. It forms a new confederacy to which the States, united by a former compact, are not bound to adhere.” Again, in 1844, the Massachusetts Legislature, in pass- ing resolutions against the admission of Texas to the Union, resolved: “That the project of the annexation of Texas, unless arrested on the threshold, may drive these States (the New England States) into a dissolution of the Union.” Slavery and Secession. We have already learned that the slavery question was one of the obstacles to be over- come in drafting the Constitution, and that it figured in two of the three great compromises agreed to by the Constitutional Convention. In colonial days, slaves were bought and sold, and owned in the Northern colonies, as well as in the Southern. But owing to the climate, and to the fact that farms in the North were small, slaves were not profitable there, and by the time of the RKevo- lution, most of the colonies north of the “Mason and Dixon Line” had enacted laws prohibiting slavery. On the other hand, slave labor was profitable in the South. With the passing of slavery in the North, a sentiment began to develop there that this institution was wrong, and that its extension into new States and Territories should be prohibited by Congress. The South resented this as a step toward interference with the rights of her citizens. The bitter feeling caused by the agitation of this question finally resulted in the Southern States se- ceding from the Union in 1861. They felt that their rights under the Constitution had been ignored by Con- gress and that it was impossible for the two sections to live within the Union in peace and harmony. They desired to exercise what they believed to be their con- stitutional right and to withdraw peaceably. The North- ern States denied this right, which they had often 348 CIVICS: TEXAS AND FEDERAL claimed for themselves, and decided to compel the South, by force of arms, to return to the Union. The Civil War. The Civil War lasted four years, un- til the resources of the South were exhausted, and the Northern armies were victorious. The South fought for her constitutional rights as she understood them, as well as for the personal rights of her citizens. She was not in rebellion against lawful authority and her soldiers were not traitors. Even President Davis, who was ar- rested on the charge of treason, was released on bond and was never brought to trial. Had there been any chance of conviction under the laws of the United States, the sentiment prevailing at the time would have forced a trial, however anxious the government might have been to drop the case. The result of the war was that, by might of the sword, the right of a State to secede from the Union was denied, and that decision is accepted as final by our Nation. The Thirteenth Amendment. “Neither slavery nor involuntary servitude, except as a pun- ishment: for crime whereof the party shall have been duly con- victed, shall exist within the United States, or any place sub- ject to their jurisdiction. “Congress shall have power to enforce this article by appro- priate legislation.” For sixty years there had been no amendment to the Constitution, but the new social and political conditions brought about by the Civil War caused the Northern States to regard certain constitutional changes as now necessary. Although the institution of slavery was but an incident to the cause of the war, it furnished the basis of the Thirteenth Amendment which was proposed and adopted in 1865. This amendment completed the work begun by President Lincoln’s Emancipation Proclama- tion, which abolished slavery in all sections of the United States, then “in rebellion.” That proclamation, which CIVICS: TEXAS AND FEDERAL 349 was a war measure, did not apply to slavery in Delaware, Maryland, Kentucky, Tennessee, Missouri, and those parts of Virginia and Louisiana under control of the military forces of the United States on January 1, 1863. The Fourteenth Amendment. “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdic- tion the equal protection of the laws. “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each house remove such dis- ability. “The validity of the public debt of the United States, author- ized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rehel- lion, shall not be questioned. But neither the United States nor any State shali assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all 350 CIVICS: TEXAS AND FEDERAL such debts, obligations, and claims shall be held illegal and void. “The Congress shall have power to enforce by appropriate legislation the provisions of this article.” 4 This amendment, frequently called the “Omnibus Amendment,” was proposed in 1866, and adopted in 1868, as a part of the Reconstruction program of Congress. It forced a recognition of the civil rights of the war- made negro citizens. By reducing the representation of a State in the ratio that the number of male citizens twenty-one years of age, not allowed to vote, bears to all the male citizens twenty-one years of age, the interests of a State in national legislation practically compel it to grant suffrage to its negroes. From time to time Con- gress removed the disabilities from the ex-Confederate soldiers, and many of them have been elected to State and Federal offices. Finally, in 1898, an Act of Congress removed the last disability. The Fifteenth Amendment. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. “The Congress shall have power to enforce this article by appropriate legislation.” In 1870, this amendment was adopted to further safe- guard the negro in his right to suffrage. Several states have denied suffrage to their citizens who are illiterate, and in the South the restriction falls heaviest on ne- groes. Congress has never attempted to reduce the rep- resentation of any State for imposing property or educa- tional restrictions on suffrage. Ratification of Amendments. “The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitu- tion, or, on the application of the Legislature, of two-thirds of the several States, shall call a convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by con- CIVICS: TEXAS AND FEDERAL 351 ventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress.” (Art. V.) The Federal Government declared the eleven self- styled “Confederate States of America” to have been in a state of rebellion during the Civil War, and that they never, in fact, had seceded. According to its theory, there were thirty-six States in 1864, including West Vir- ginia, which we have learned is a State created in an un- constitutional manner. Therefore, an amendment to the Constitution at the close of the Civil War required the consent of twenty-seven States. The Thirteenth Amend- ment was declared part of the Constitution in 1865, af- ter being ratified by twenty-seven States, eight of which Congress stated were then in a state of insurrec- tion and consequently had no political rights. The Four- teenth Amendment was declared a part of the Constitu- tion after Mr. Seward, the secretary of state, had stated that only twenty-six States had ratified it. Six of them were Southern States re-admitted to the Union on condi- tion that they would ratify this amendment. Texas, Vir- ginia, and Mississippi, refused to ratify it and were placed under military rule to force them to do so. THOUGHT QUESTIONS 1. Is the doctrine of secession dead as = result of legislation, or of war? 2. Did any Northern States ever threaten to secede? 3. State what you know of the proceedings of the Hartford Convention. 4. State the attitude of the Massachusetts Legislature in 1803. What were the personal liberty laws? Where passed? . How and when was slavery abolished in the Southern States that seceded? 6. How and when was slavery abolished elsewhere in the United States? 7. Why did slave holding decrease in the North and in- crease in the South? 8 Can Congress determine who shall be voters in a State? 9. How does Congress indirectly exercise this function? 10. How may a State be penalized for disfranchising ne- groes? APPENDIX A CONSTITUTION OF THE UNITED STATES We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, pro- vide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. JNIRAMIKCIE NS, Me Section I. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section II. The House of Representatives shall be composed of members chosen every second year by the people.of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. No person shall be a Representative who shall not have at- tained the age of twenty-five years, and been seven years a citi- zen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be- chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be deter- mined by adding to the whole number of free persons, includ- ing those bound to servitude for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Penn- sylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 352 CIVICS: TEXAS AND FEDERAL 33 When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. & The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. Section III. The Senate of the United States shall be composed of two Senators from each State (chosen by the legislature thereof), for ‘six years; and each Senator shall have one vote. Changed by Amendment XVII. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year (and if vacancies happen by resig- nation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies). Changed by Amendment XVII. No person shall be a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President ae Senate, but shall have no vote, unless they be equally ivided. The Senate shall choose their other officers, and also a Presi- dent pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they. shall be on oath or affir- mation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, accord- ing to law. Section IV. The times, places, and manner of holding elections for Sen- ators and Representatives shall be prescribed in each State by the -legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. B54 CIVICS: TEXAS AND FEDERAL The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house mag provide. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and with the concur- rence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. The Senators and Representatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases ex- cept treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be ques- tioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the au- thority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Section VII. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representa- tives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall CIVICS: TEXAS AND FEDERAL 355 sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the ob- jections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be recon- sidered, and if approved by two-thirds of that house, it shall be- come a law. But in all such cases the votes of both houses shall be determined by yeas and-nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days ‘(Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their ad- jonsn men prevent its return, in which case it shall not be a aw. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Rep- resentatives, according to the rules and limitations prescribed in the case of a bill. Section VIII. The Congress shall have power to lay and collect taxes, du- ties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counterfeiting the securi- ties and current coin of the United States; To establish post offices and post roads; To promote the progress of science and useful arts, by secur- ing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the Supreme Court; To define and punish piracies and felonies committed on the high seas and offences against the law of nations; SUN e CIVICS: TEXAS AND FEDERAL To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; To provide for organizing, arming, and disciplining the mili- tia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respec- tively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by ces- sion of particular States, and the acceptance of Congress, be- come the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings ; and To make all laws which shall be necessary and proper for car- ‘trying into execution the foregoing powers, and all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. Section IX. The migration or importation of such persons as any ‘of the States now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. No money shall be drawn from the Treasury, but in conse- CIVICS: TEXAS AND FEDERAL 357 © quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall without the consent of the Congress, accept of any present, emol- ument, office, or title, ot any kind whatever, from any king, prince, or foreign State. Section X. No State shall enter into any treaty, alliance, or confedera- tion; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of Congress, lay any im- posts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on im- ports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the re- vision and control of the Congress. No State shall, without the consent of Congress, lay any duty on tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Section I. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as follows: Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. (The electors shall meet in their respective Crates and vote by ballot for two persons, of whom one at least shall not be an in- habitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and trans- mit sealed to the seat of government of the United States, 308 CIVICS: TEXAS AND FEDERAL directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Rep- resentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the Presidents if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a ma- jority, then frosn the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the per- sor having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President)* The Congress may determine the time of choosing the elec- tors, anc the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident ‘within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and du- ties of the said office, the same shall devolve on the Vice Presi- dent, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dis- ability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he may have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter_on the execution of his office, he shall take the following oath or affirmation : “T do solemnly swear (or affirm) that I will faithfully exe- * This clause of the Constitution has been @tmended. See Amendment XII., pages $55-356. CIVICS: TEXAS AND FEDERAL cute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitu- tion of the United States.” Section II. ‘The President shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the sena- tors present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassa- dors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the:*United States, whose appoint- ments are not herein otherwisé provided for, and which shall be established by law; but the: Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of de- ise The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of their next session. Section III. He shall from time to time give to the Congress information of the state of the Union, and recommend to their considera- tion such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassa- dors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the: offi- cers of the United States. Section IV. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for,.and conviction of treason, bribery, or other high crimes and misdemeanors. 360 CTvicS: TEXAS AND FEDERAL ARTICLE III. Section I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices dur- ing good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section II. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their author- ity; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdic- tion; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of differ- ent States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate juris- diction, both as to law and fact; with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not com- mitted within any State, the trial shall be at such place or places as the Congress may by law have directed. Section III. Treason against the United States shall consist only in levy- ing war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. CIVICS: TEXAS AND FEDERAL 361 ARTICLE IV. Section I. Full faith and credit shall be given in each State to the pub- lic acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Section II. . The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. A person charged in any State with treason, felony, or othet crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State _ from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Section III. New States may be admitted by the Congress intc the Union; but no new State shall be formed or erected within the jurisdic- tion of any other State; nor any State be formed by the junc- tion of two or more States, or parts: of States, without the con- sent of the legislature of the States concerned as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section IV. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. : ARTICLE V. The Congress, wherever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the sev: Cc. T. & F. 25 A 362 CIVICS: TEXAS AND FEDERAL eral States, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three- fourths thereof, as the one or the other mode of ratification may be proposed by the Congress, provided ‘that no amend- ments which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suf- frage in the Senate. ARTICLE VI. All debts contracted and engagements. entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the confedera- tion. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. 4 _ ff AMENDMENTS TO THE CONSTITUTION. AMENDMENT I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the peo- ple peaceably to assemble, and to petition the government for a redress of grievances. AMENDMENT II. A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shal not be infringed. CIVICS: TEXAS AND FEDERAL 363 AMENDMENT III. No soldier shall, in time of peace, be quartered in any house, : without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. AMENDMENT IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seiz- ures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the per- son or things to be seized. AMENDMENT V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or pub- lic danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be corm- pelled in any criminal case to be a witness against t himself, nor be deprived of life, liberty, or property, without due process of Teneo Reece ng be taken for public use, with- out just compensation. 2 Se ee eae Se AMENDMENT VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to-be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. AMENDMENT VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury shall be otherwise re-exam- ined in any court of the United States, than according to the rules of the Conmrion law. ~__ AMENDMENT VIII. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishment inflicted. 364. CIVICS: TEXAS AND FEDERAL AMENDMENT IX. The enumeration in the Constitution, of certain rights, shal! not be construed to deny or disparage others retained by the people. AMENDMENT X. The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. AMENDMENT XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted - against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. AMENDMENT XII. The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as Presi- dent, and in distinct ballots the person voted for as.Vice Presi- dent, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the. votes shall then be counted ; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the represen- tation from each State having one vote; a quorum for this pur- pose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March, next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a CIVICS: TEXAS AND FEDERAL 865 majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be nec- essary to a choice. But no person constitutional’y ineligible to the office of President shall be eligible to that of Vice Presi- dent of the United States. AMENDMENT XII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdic- tion the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in re- bellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a mem- ber of any State legislature, or as an executive or judicial offi- cer of any State, to support the Constitution of the United 366 CIVICS: TEXAS AND FEDERAL States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrec- tion or rebellion, shall not be questions. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, ‘the provisions of this article. AMENDMENT XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XVI. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. AMENDMENT XVII. Section 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The elec- tors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures. Section 2, When vacancies happen in the per eneeton of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the Legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the Legislature may direct. Section 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it be- comes valid as part of the Constitution. AMENDMENT XVIII. Section 1, The manufacture, sale, and transportation of in- toxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legis- lation. (Proclaimed adopted January 29, 1919. In force after January 19, 1920:) APPENDIX B CHIEF EXECUTIVES OF TEXAS During the Revolution. Henry Smith s..ccen.-- eee March, 1835-March, 1836 During the Republic. David G) Burnett... .-cose eee March, 1836-October, 1836 Sam’ Houston esos ecesceeeee October, 1836-December, 1838 Mirabeau By Lamar....... aes December, 1888-December, 1842 Sam Hloustonyeyiacereceileeeee December, 1841-December, 1844 Anson JONES .....0..+..+--++.-.. December, 1844-February, 1846 Under the United States. James P. Henderson’... 3: 3.3.5. February, 1846-November, 1847 George T. Wood..... .. November, 1847-November, 1849 Peter H. Bell. November, 1849-November, 1853 Elisha M. Pease. S ..November, 1853-November, 1857 Hardin R. Runnels.............- November, 1857-November, 1859 Sam Houston ............-..... November, 1859-March, 1861 Under the Confederate States of America. Kdward Clark 2...9-e--e eee March, 1861-November, 1861 Francis’ R. Lubbockes-naneee ee November, 1861-November, 1863 Pendleton Murrah ......... ..... November, 1863-May, 1865 During Reconstruction. Andrew, J. Hamiltonteisaneeeerac May, 1865-August, 1866 James W. Throckmorton........ August, 1866-August, 1867 Elisha, M.) Peadserecccce Berek August, 1867-September, 1869 Gen. J..g. Reynoldsi cece October, 1869-February, 1870 Edmund J. Davis..............-Hebruary, 1870-January, 1874 Since Reconstruction. April, 1874-December, 1876 .. December, 1876-January, 1879 . January, 1879-January, 1883 January, 1883-January, 1887 . January, 1887-January, 1891 John Ireland ..... Lawrence S. Ross James’ 8. Hogece ose eeeereee January, 1891-January, 1895 Charles’ Al Culbersontsiepewenes January, 1895-January, 1899 Joseph) D) Sayers) .eesee ee ee January, 1899-January, 1903 SS) WD ainhamlaneecnescn .....January, 1903-January, 1907 Thomas M: (Camipbell@ecteeneae January, 1907-January, 1911 Oscar BY iColquittenseee January, 1911-January, 1915 James BE. Ferguson .January, 1915-September, 1917 Wi PY Hobbysve oes emer eon September, 1917-January, 1921 United States Senators From Texas. Sam Houston ..3.4-5 asso seen March 80, 1846-March 8, 1859 Thomas Jo Ruska. eee March 26, 1846-July 20, 1857 J. Pinckney Henderson.... . March 1, 1858-June 4, 1858 Matthias Wiardln: a. aoe eereeere December 6, 1858- January 4, 1860 John Hemphill’. 2. .-..0c sees December 5, 1859-March 3 1861 Louis T. Wigfall 2... cite. ceelamuanyaas 1860-March 3, 1861 367 368 CIVICS: TEXAS AND FEDERAL Confederate States Senators From Texas. AOU Se eam VVal Stell leemmretsisercce oisyelors =) November 4, 1861-April 9, 1865 IV Veen @ lobar tecieio clo cleric November 4, 1861-April 9, 1865 United States Senators From Texas. August 10, 1866- W. S. Oidham August 10, 1866- Senators Roberts and Oldham were not allowed to sit in Congress. Texas was wiihout congressional representation until April 6, 1870. O. M. Roberts eee Lian areal ett eter erin March 31, 1870-March 3, 1875 Miocene (Ch Iajefambli(oay 55005 0cocoK8 March 31, 1870-March 3, 1877 SUIS Clee IVLCUKO Vere ele erectclote sl okercne December 6, 1875-March 8, 1887 Ias@lneiRel Coli) 4 sob ban dccouugGae October 15, 1877-March 3, 1895 TON seme Ca eral namin eretsteveyetele) otoleho c December 5, 1877-March 2, 1891 THt@ree ee) Chall nsAccocdconcanude (appointed to fill vacancy till Legis- sature met, April 1891-March 30, 1892 eae) SIME Seer ofS Soe at oe es ovese watever March 30, 1892-March 3, 1899 TSIOVEANGS. Olio. Soosoosououcco0es December 2, 1895-March 4, 1901 CueAMC Ulbersons sho jen weirs eet December 4, 1899- Joseph W. Bailey . c December 2, 1901-January 3, 1913 R. M. Johnston January 4, 1913-January 29, 1913 MMOnLISMSNeD DANG Won. eters oe anuarv 29, 1913- Territoria. Growth of the United States, 1783-1906. PAYG DTW ELE So ticce hola ieee ni niede Sooke Leelee ieee ets 827,000 sq. miles OUI Sie ae Clas Ovens 0 siccnwrsers sere ceere siete aie arco seare 1,171,000 sq. miles ENON Gg Oya sepapareveneret aekern aiohe cratehcy teveitececekel e skciave anne cers 5 sq. miles BONA TBAB ery. fo Nenana ha se eure EMER eee eas 4 ce ; sq. miles Mexican Cession ..... : De sq. miles Gadsden Purchase € sq. miles Alaska, 1867 ... sq. miles Hawaii, 1898 ... ee : 0 sq. miles HRONLOM ELC OMe OOO neercenet tale ov elefoicl out letersrclelcioie crane ici re eens sq. miles GUT SO Os es eearcees ere 0 200 sq. miles The Philippines, 1899 fs sq. miles Sarr Oalral S00. Missin ittretie otra ciet eters eters Sela eit ies 80 sq. miles Area of the United States in Square Miles. PATCH wl OG Omer ner haacoleieversreeg Sk Rem oils eae eye (os Sat coreg) Sic) oof SRMe aisles ols) soy 827,000 Area in 1900 .... Bete tuclosie «ono G0,0 00) Population of the United States by Decades. UTD OMe aches peers aerate NTS Pee ok cy Anion cee 3,929,214 SOON irene trees wne.sforccrg con eect sty ee tale 3 5,308,483 RID 8e tid Sudodddioguadoboous bop Bon oO sitet: 7,239,881 TSO OR Meare ister tetah es Marck cree re 2s oy cis ae, Sialates See 9,638,453 83 OM Mota crs el tef crores atiicisis ers © sevecie se ots 12,866,020 LBA Ooi prrencterelereiats cistcrye Sobers tare toeal ict ecctche ote . -17,069, 453 SHOY Ce i eagean tiie ch ueeis es ee cee 23,191,876 1860 .. 31,443,321 1870 38,558,371 1880 50,155,783 LS OC aN ane ete rani: Lauded cag ches ih. CME RU NR at 62,622,250 19 0 Ohnispsicrtes : : z c a OSG AO TRUDE ETA a heey: Osan Gee aeahe martes . 91,972,266 If the population of ane Philippines Bal other relat dependencies of the United States were added, the total population at the present time would be over 101 million. oe OOV a \u4 \