Untitled Texas Attorney General Opinion ( 1966 )


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  •                              3, 1966
    Honorable Joe Resweber              Opinion X0. C-r*
    County Attorney
    Harris County                       Re:   Appointment of retired
    Harris County Courthouse                  judges of appellate
    Houston, Texas 77002                      courts to active duty
    on Courts of Civil
    Dear Mr. Resweber:                        Appeals.
    By letter to this office dated May 27, 1966, you
    have requested an opinion In regard to the above matter. We
    quote from your letter as follows:
    1,
    .   .   .
    "Due to the recent constitutional amend-
    ment Judge Werlein will be required to retire in the
    latter part of 1967, thus creating a .vacancyto be
    filled by Governor Connally. As you no doubt know,,
    the Court of Civil Appeals for the First Supreme
    Judicial District continually has a serious overload
    of cases which must be transferred out on equali-
    zation, a practice not enjoyed by the vast majority
    of the lawyers in the district. . . .I
    "'The question that we,propound is based
    upon the assumption that Chief Justice Robert W.
    Calvert would assign him to service with the Court.
    The Houston Bar Association would like to obtain an
    opinion as to ~whether or not, If assigned by Judge
    Calvert, Judge Werlein can continue to serve so long
    as his assignment Is effective as a "fourth member"
    of the Court in the sense that he can participate In
    decisions and cast his vote and prepare written opinions
    for the court. It is assumed, of course, that the
    presiding Chief Justice would sit in all cases sub-
    mitted, but the Associate Justice would rotate so that
    there would be no more than three members of the
    court as to any particular cause.'
    -3537-
    ,   .
    Hon. Joe Resweber, page 2   (c-734)
    Article V, Section 6, of the Texas Constitution pro-
    vides for the establishment of Courts of Civil Appeals and con-
    tains, in part, the following:
    11
    . . . and shall establish a Court of Civil
    Appeals in each of said districts, which shall
    consist of a Chief Justice and two Associate
    Justices, . . .
    I,
    . . . Said Justices shall be elected by
    the qualified voters of their respective districts
    at a genera; election, for a La7 term of six
    years . . .
    Article IV, Section 12, of the Texas Constitution pro-
    vides:
    "All vacancies in State or district offices,
    except members of the Legislature, shall be filled
    unless otherwise provided by law, by appointment
    of the Governor, 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 nomi-
    nated to the Senate during the first ten days of
    its session. If rejected, said office shall immediately
    become vacant, and the Governor shall, without delay,
    make further nominations, until a confirmation
    takes place; But should there by 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 the
    regular election to said office, should it soonor
    occur. Appointments to vacancies in offices
    elective by the people shall only continue until
    the first general election thereafter."
    Article V, Section 11, of the Texas Constitution pro-
    vides in part:
    "No judge shall sit in any case wherein he
    may be interested, or where either of the parties
    may be connected with him, either by affinity or
    consanguinity, within such a degree as may be pre-
    scribed by law, or when he shall have been counsel
    in the case. When the Supreme Court, the Court
    of Criminal Appeals, the Court of Civil Appeals,
    or any member of either, shall be thus disqualified
    to hear and determine any case or cases in said
    -3538-
    r
    Hon. Joe Resweber, page 3   (C-734)
    court, the same shall be certified to the Governor
    of the State, who shall immediately commission the
    requisite number of persons learned in the law for
    the trial and tetermination of such cause or
    causes. . . .,
    Article V, Section l-a; of the Texas Constitution,
    adopted at a date subsequent to the dates of adoption of the
    above quoted portions of the Constitution, provides, in part,
    that:
    "(1) Subject to the further provisions of
    this Section, the Legislature shall provide for
    the retirement and compensation of Justices and
    Judges of the Appellate Courts and District and
    Criminal District Courts on account of length of
    service, age and disability, and for their reassign-
    ment to active duty where and when needed. . . .'I
    (Emphasis added.)
    Section 7 of Article 6228b, Vernon's Civil Statutes,
    provides as follows:
    "Judges retired under the provisions of this
    Act shall be judicial officers of the State, and
    during the time they are receiving retirement pay
    shall not be allowed to appear and plead as attorneys
    at law in any Court of record in this State, and
    shall with their own consent, be subject to axgn-
    ment by,the Chief Justice or the Supreme Court to
    sit inany Courtof this State of the same dignity,
    or lesser, as that from which they retired, and if
    ‘in a District Court, under the same rules as pro-
    vided by the present Administrative Judicial Act,
    and while so assigned, shall have all the powers
    of Judges thereof. While assigned to said Court
    such Judges shall be paid an amount equal to the
    salary of Judges of said Court, in lieu of retire-
    ment allowance." (Emphasis added.)
    QUESTIONS PRESENTED
    For convenience, the discussion of the referenced
    subject may be divided into three questions:
    1. To ,what extent, if any, does Article V,
    Section l-a, of the Constitution modify those
    portions of the Constitution quoted above which
    provide that each of the various Courts of Civil
    Appeals "shall consist of a Chief Justice and two
    Associate Justices"; that "said Justices shall be
    -3539-
    Hon. Joe Resweber, page 4   (C-734)
    elected by the qualified voters of their respective
    districts at a general election for a term of six
    years'; that grant the Governor the power to fill
    vacancies by appointment; and that grant the
    Governor the power to make temporary appointments in
    certain cases of disqualification?
    2. What is the extent of the legislative
    power to "provide for the retirement , . . of
    Justices and Judges of the appellate courts . . .
    and for their reassignment to active duty where
    and when needed" as granted by Article V, Section
    l-a of the Constitution?
    3. Under what circumstances may the Chief
    Justice of the Texas Supreme Court, pursuant to
    Article 6228b, Section 7, Vernon's Civil Statutes,
    assign retired judges of appellate courts to active
    duty on Courts of Civil Appeals?
    DISCUSSION AND AUTHORITIES
    1. To what extent, if any, does Article V, Section
    l-a, of the Constitution modify those portions of the Conetitu-
    tion quoted above which provide that each of the various
    Courts of Civil Appeals 'shall consist of a Chief Jlustice
    and two Associate Justices"; that "said Justices shall be
    elected by the qualified voters of their respective districts
    at a general election for a term of six ~srsl';that grant
    the Governor the power to fill vacancies oy appointment; and
    that grant the Governor the power to make temporary appoint-
    ments in certain cases of disqualification?
    The Texas Courts have adopted certain well-recognized
    rules of constitutional construction which are applicable to
    the solution of this question:
    (1. . .
    "When one of several equally reasonable con-
    structions will give rise to fewer or less complex
    questions in its application, that construction
    will be adopted. So too, where one of two equally
    reasonable constructions will more certainly or to
    a greater degree effect the purpose of the provision,
    it will be adopted." 12 Tex.Jur.2d 368, Constitutional
    Law, Sec. 22 (and cases cited).
    11
    . . .
    "In adopting a particular construction it is
    -3540-
    .
    Hon. Joe Resweber, page 5   (c-734)
    proper to inquire if the consequences of following
    that Eonstruction were those intended by the people,
    12 Tex.Jur.2d 369, Constitutional Law, Sec.
    23'(and cases cited).
    "All provisions of the constitution in relation
    to the same subject matter must be construed together.
    State constitutions are adopted as a whole, end a
    clause that, standing by itself, might seem of
    doubtful import may yet be made plain by comparison
    with other clauses or portions of the same instru-
    ment; therefore it is a proper rule of construction
    that the whole is to be examined with a view to
    arriving at the true intent of each part." 12 Tex.
    Jur.2d 371, Constitutional Law, Sec. 27 (and cases
    cited).
    iise,sentence, or word from being superfluous,
    void, or insignificant will be employed.
    "If there is an irreconcilable conflict between
    two provisions, on the principle that the jatter in
    position is the later expression of the will of
    the people, the latter will be given effect. --
    And
    should there be a conflict between a general and a
    special provision of the constitution, the special.
    provision will prevail. When one section of the
    constitution expresses a general Intention to do a
    particular thing, and another section expresses a
    particular Intention incompatible with the general
    intention, the particular intention is to be con-
    sidered in the nature of an exce tion.
    . . . ' 12 Tex.JuMd--Aitutional
    37 ,                Law,
    Sec. 28 (and cases citecij.-(Emphasis added.)
    "In construing a constitutional amendment, the
    court will look both to the evil sought to be cured
    and to the remedy sought to be applied. A constitu-
    tional amendment becomes as much a part of the organic
    law as if it bad been originally incorporated in the
    constitution. And a constitutional amendment, being
    the last expression of the will of the people, will
    supersede any conflicting constitutional provision.
    If the later amendment deals with a subject in its
    -3541-
    Hon. Joe Resweber, page 6   (c-734)
    entirety it effects a repeal of all former consti-
    tutional provisions dealing with the same subject.
    But if there is no inconsistency the courts have
    the duty to construe the amendment,and preceding
    provisions so as to give effect to all. The con-
    tiro                              e ma ers and
    adopteri." 12 Tex.Jur.2d 373, Constitutional Law,
    Sec. 29 (and cases cited). (Emphasis added.)
    That portion of Article V, Section l-a, of the
    Constitution which is pertinent to this question is couched
    'in general terms and does not seek to deal specifically with
    those'ar,eascovered by the other constitutional provisions
    quoted herein; If the rules of constitutional construction
    quoted above are applied to this question the result must
    be that Article V, Section l-a, in no way authorizes an in-
    crease in the membership of the various Courts of Civil
    Appeals, nor does it change or affect the power of the
    Governor to fill vacancies on such courts by appointment
    and to make temporary assignments in cases of disqualifica-
    tion. If Article V, Section l-a, were construed so as to
    allow assignments of retired judges to active duty on a
    Court of Civil Appeals even though all of the regular judges
    of such court were actively serving, the practical effect
    would be to increase the membership of the court and to at
    least partially nullify the requirement that the judges of
    such courts shall be elected by the qualified voters of the
    particular district.
    2. What is the extent of the legislative power to
    "provide for the retirement . . . of Justices and Judges of
    the appellate courts . . . and for their reassignment to
    active duty where and when needed" as granted by Article V,
    Section l-a of the Constitution?
    Adopting the construction discussed above, Article
    V, Section l-a, gives the Legislature the power to provide
    for the reassignment to active duty on Courts of Civil Appeals
    of retired judges of appellate courts in all cases except in
    those specific instances otherwise provided for by the Consti-
    tution and provided that no more than three judges may be
    actively serving at any one time on any Court of Civil Appeais.
    mcle    V, Section l-a, in no way,purports to limit  the author-
    ity of the regular judges of the.Courte of Civil Appeals nor
    to grant the 'Legislature~power tomso limit their authority
    or terms of offices; therefore, the legislative authority to
    make provision for the assignment of retired judges of
    appellate courts to active duty,on Courts of Civil Appeals
    Is limited in that the tenure and authority of such regular
    judges, while they are on active duty, rpy not be curtailed.
    The area in which the Leg_#&~ure has power to provide for
    .
    Hon. Joe Resweber, page 7   (C-734)
    the appointment of retired appellate judges to active duty
    on Courts of Civil Appeals is thus limited to those situations
    wherein a particular Court of Civil Appeals lacks a full
    complement of three judges by reason of a vacancy or due to
    the disqualification, absence or inability to serve of a
    regular member of such Court of Civil Appeals; such assign-
    ment power being limited insofar as it may conflict with
    the constitutional provisions quoted above which provide
    for particular situations and being further limited as to
    duration in that such exercise of the assignment power could
    not result in curtailing the authority or tenure of any
    regular judge of a Court of Civil Appeals who is actively
    serving.
    3. Under what circumstances  may the Chief Justice
    of the Texas Supreme Court, pursuant to Article 6228b,
    Section 7, Vernon's Civil Statutes, assign retired judges
    of appellate courts to active duty on Courts of Civil Appeals?
    Several statutes in addition to Article 6228b,
    Section 7, are concerned with making temporary assignments
    of replacements for judges of the Courts of Civil Appeals
    who are disqualified or unable to serve. These statutes
    deal with specific circumstances whereas the subsequently
    adopted Article 6228b, Section 7, gives the Chief Justice
    of the Supreme Court general assignment power. The govern-
    ing rules of statutory construction are as follows:
    "Broadly speaking, a statute will be construed
    with reference to the entire body of law existing at
    the time of its enactment, insofar as this may be
    necessary to ascertain or effectuate the legislative
    intent. Thus, a statute will be construed in the
    light of the constitution, the common law, interna-
    tional law, and existing statutory law. More
    particularly, a statute will be construed with
    reference to the general system of legislation of
    which it forms a part. . . .
    "A statute will be construed so that it will
    harmonize with other existing law, unless its
    rovisions clearly manifest a contrary intention.
    bus, where the literal language of one act con-
    flicts with that of another, they should be read
    together and harmonized, if reasonably possible,
    so as to ive effect to each of them.
    Jur.2d 278 , Statutes, Sec. 185 (and casez3c%d).
    (Emphasis added.)
    "It is a settled rule of statutory interpreta-
    tion that statutes that deal with the same general
    subject, have the same general purpose, or relate
    -3543-
    .
    Hon. Joe Resweber, page 8      (C-734)
    to the same person or thing or class of persons
    construction is to carry out-the full legislative
    intent, by giving effect to all laws and provisions
    bearing on the same subject. The rule proceeds
    on the supposition that several statutes relating
    to one subject are governed by one spirit and
    policy, and are intended to be consistent and
    harmonious in their several Darts and vrovisions.
    Thus, it applies where one statute deais with a
    subject in comprehensive terms and another deals
    with a portion of the same subject In a more
    definite way. But where a general statute and a
    more detailed enactment are in conflict, the latter
    will prevail, regardless of whether it was passed
    prior or subsequently to the general statute,
    unless it appears that the legislature intended
    to make the general act controlling. . . .I. 53
    Tex.Jur.2d 280, Statutes, Sec. lob (and cases cited).
    (Emphasis added.)       -
    The assignmentpower of the Chief Justice is
    therefore coextensive with the assignment power granted by
    the Constitution to the Legislature as previously discussed
    except that it does not encompass those areas for which
    specific provision has otherwise been made by statute.
    These specific statutes are set out in Appendix A.
    Certain other statutes which indirectly bear on
    the question herein presented but which it is felt do not
    influence the resolution of these questions are included
    for reference in Appendix B.
    SUMMARY
    The Chief Justice of the Supreme Court of
    Texas may assign retired appellate court judges
    to active duty on any Court of Civil Appeals
    -3544-
    Hon. Joe Resweber, page 9   (C-734)
    only in those cases where the~particular Court
    of Civil Appeals lacks a full complement of
    three judges by reason of a vacancy or due to
    the disqualification, absence or inability to
    serve of a regular member of such Court of Civil
    Appeals. Such assignment power is limited in
    the first instance and as to duration insofar
    as its exercise might conflict with Article IV,
    Section 12, Article V, Section 6 and Article V,
    Section 11 of the Texas Constitution and Articles
    1813 and 1815 of Vernon's Civil Statutes; and
    such assignment power is further limited as to
    duration in that any such assignment would be
    automatically terminated by the return to active
    duty of the regular judge whose disqualification,
    absence or inability to serve occassioned the
    assignment.
    Yours very truly,
    WAGGONER CARR
    Attorney General
    BY:
    iYiizTz-*
    Assistant
    LEBjr:ra:dh
    APPROVED:
    OPINION COMMITTEE
    W. V. Geppert, Chairman
    Pat Bailey
    J. C. Davis
    John Reeves
    APPROVED FOR THE ATTORNEY GENERAL
    BY: T. B. Wright
    -3545-
    Hon. Joe Resweber, page 10   (C-734)
    APPENDIX A
    Article 1813, Vernon's Civil Statutes:
    "(a) The Justices of each Court of Civil
    Appeals shall be elected at the general election
    by the qualified voters of their respective dis-
    tricts. Upon their qualification, after the first
    election after the creation of any Court of Civil
    Appeals, the Justices shall draw lots for the terms
    of office; those drawing number one (1) shall hold
    for the term of two (2) years; those drawing number
    two (2) shall hold for a term of four (4) years;
    and those drawing number three (3) shall hold office
    for six (6) years. Each of said offices shall be
    filled by election at the next general election
    before the respective terms expire; and the person
    elected shall thereafter hold his office for six
    (6) years.
    "(b) After any Justice of any Court of Civil
    Appeals has become totally disabled to discharge
    any of the duties of his office, by reason of ill-
    ness, physical or mental, and has remained in such
    condition continuously for a period of not less
    than one (1) year, and if it is probable that such
    illness will be permanent, and is of such a nature
    that it will probably continue to incapacitate
    such Justice for the balance of his term of office,
    it shall be the duty of the other two Justices of
    the Court of which such incapacitated Justice is a
    member to certify such facts to the Governor. Upon
    receipt of such certificate by the Governor, he
    shall make proper investigation touching the matters
    therein contained and if he shall determine that
    the facts contained in such certificate are true,
    and that a necessity exists therefor, he shall
    forthwith appoint a Special Commissioner having the
    requisite qualifications of a member of such Court
    to assist the same. Such Special Commissioner,
    when so appointed, may sit with such Court, hear
    arguments on submitted cases, and write opinions
    thereon if directed to do so by the Court; and
    said opinions, if adopted by the Court, shall be-
    come thereupon the opinions of the Court.
    "(c) The Commissioner herein provided for,
    when appointed by the Governor, shall receive the
    same compensation as the regular Justices of the
    Court of Civil Appeals, and he shall serve until
    the death or expiration of the term of the disabled
    -3546-
    .
    Hon. Joe Resweber, page 11    (C-734)
    member; provided that in no event shall the term
    of service continue for a longer time than two
    (2) years under the same appointment; and provided
    further, that in the event the disabled Justice
    shall recover from his.disability, the term of such
    Special Commissioner shall immediately end. In the
    event of such recovery two (2) Justices of said
    Court shall certify such fact to the Governor, and
    such certificate shall be conclusive evidence of
    the recovery of said disabled Justice.
    "(d) Whenever any Justice of any Court of
    Civil Appeals is called or ordered into the active
    military service of the United States, it shall be
    the duty of the other two Justices of the Court of
    which such Justice is a member, to certify that
    fact to the Governor.. Upon receipt of such certif-
    icate by the Governor, he shall make proper investi-
    gation touching the matters therein contained, and
    if he shall determine that the facts contained in
    such certificate are true, and that a necessity
    exists therefor, he shall forthwith appoint a
    Special Commissioner having the requisite qualifica-
    tions of a member of such Court to assist the same.
    Such Special Commissioner, when so appointed, may
    sit with such Court, hear arguments on submitted
    cases> and write opinions thereon if directed to do
    so by the Court; and said Opinions, if adopted by
    the Court, shall become thereupon the opinions of
    the Court.
    "(e) Such Special Commissioner, when so appolnt-
    ed by the Governor, shall receive the same compensa-
    tion as the regular Justices of the Court of Civil
    Appeals, and shall serve until the Justice who has
    been so called or ordered into the active military
    service of the United States is discharged from
    such military service, or until the expiration of
    the term of office of such Justice; provided that
    in no event shall the term of service of such Special
    Commissioner continue for a longer period than two
    (2) years under the same appointment; and provided
    further that when such Justice so called or ordered
    into the active military service of the United
    States is discharged from such active military serv-
    ice, the term of such Special Commissioner shall
    immediately end. When the active military service
    of such Justice shall have terminated, the other
    two Justices of such Court of Civil Appeals shall
    certify that fact to the Governor, and their certif-
    icate shall be conclusive evidence of the facts SO
    -3547-
    .   .   .
    Hon. Joe Resweber, page 12   (c-734)
    certified.
    "(f) Nothing In this Act shall be considered
    as giving any two (2) members of any Court of Civil
    Appeals, or the Governor, the power or authority
    to remove or suspend any member of the Court of
    Civil Appeals from office, or to in any manner
    interfere with him in his Constitutional rights
    and powers." Acts 1st C.S., 1892, p. 25; G.L. vol.
    lo, p. 389; Acts, 1936,,44th Leg., 3rd C.S. p. 2108,
    ch. 509, 0 1. Acts 1937, 45th Leg., p. 297, ch. 154,
    R 1; Acts 1941, 47th Leg., p.170, ch. 123, U 1.
    Article 1815, Vernon's Civil Statutes:
    "If all or any two members of any Court of Civil
    Appeals shall be disqualified to determine any cause
    in such court, th,atfact shall be certified to the
    Governor, who shall immediately commission the requi-
    site number of persons, learned in the law, to try
    and determine said cause." 
    Id. -3548- Hon.
    Joe Resweber, page 13   (c-734)
    APPENDIX B
    Article 1812, Vernon's Civil Statutes:
    "Each Court of Civil Appeals shall consist of
    a Chief Justice WIG two Associate Justices. A majority
    shall be a quorum for the transaction of business,
    and the concurrence of two Justices shall be necessary
    to a decision." Acts 1st C.S. 1892, p. 25; G.L, vol.
    10, P. 389.
    Article 1814, Vernon's Civil Statutes:
    "No person shall be eligible to the office of
    Justice of a Court of Civil Appeals, unless he be at
    the,time of his election thirty years of age or over,
    a resident of the district from which he is elected,
    and has been a practicing lawyer or a judge of a court
    of this State, or such lawyer and judge together, at
    least seven years." Acts 1stC.S. 1892, p. 25; G.L.
    vol. lo, p. 389.
    Article 1816, Vernon's Civil Statutes:
    "The term of each Court of Civil Appeals of the State
    of Texas shall begin on the first Monday in October
    of each year and shall continue in session until the
    first Monday in October the next succeeding year; pro-
    vided that the Justices of each of said Co'urtsshall be
    permitted to take a vacation of eight weeks during each
    year at such time as the Court may fix, during which
    period the Court shall not be adjourned but shall  be
    in'recess and may be called together by the Chief
    Justice or by'the two Associate Justices in case business
    requiring immediate disposal should arise.' Acts 1897,
    p. 132;  G.L. Vol. lo, p. 1186; Acts 1927, 40th Leg.,
    p. 120, ch. 79, & 1; Acts 1927, 40th Leg., 1st C.S.,
    P. 147, ch. 50, I 1.
    Article 1819, Vernon's Civil Statutes:
    "The appellate jurisdiction of the Courts of Civil
    Appeals shall extend to all civil caseswithin the limits
    of their respective districts of which the District
    Courts and County Courts have or assume jurisdiction
    with the amountin controversy or the jud ment ren-
    dered shall exceed One Hundred Dollars ($ 100) exciusive
    of interest and costs; provided, however, that if any
    Court of Civil Appeals having jurisdiction of a cause,
    matter or controversy requiring immediate action shall,
    by reason of the illness or absence or unavailability
    -3549-
    .   .   .
    Hon. Joe Resweber, page 14      (c-734)
    of at least two (2) of the Judges thereof, be unable to
    take such immediate action, then the nearest available
    Court of Civil Appeals may take such action as may
    be required in regard to said cause, matter or contro-
    versy under such rules as the Supreme Court ma prescribe."
    As amended Acts 1957, 55th Leg., p. 1279, ch. % 26,
    % 1.
    Article 1.738, Vernon's Civil Statutes:
    "The Supreme Court shall, as early as practicable
    after the 1st day of January and the 1st day of June
    of each year, equalize, as nearly as practicable, the
    amount of business upon the dockets of the several
    Courts of Civil Appeals as of the close of business on
    the 31st day of December and the 31st day of May of
    each year by directing the transfer of cases from such
    of said Courts as may have the greater amount of business
    upon their dockets to those having a less amount of
    business. Said Court may, at any other time, order
    cases transferred from one Court of Civil Appeals to
    another, when, in the opinion of the Supreme Court, there
    is good cause for such transfer. And the Courts of
    Civil Appeals to which such cases shall be transferred
    shall have jurisdiction over all such cases so trans-
    ferred, without regard to the District in which the
    cases were originally tried and returnable upon appeal.
    Provided thatthe Justices of the Court to which such
    cases are transferred shall, after due notice to the
    parties or their counsel, hear oral argument on such
    cases at the place from which the cases have been ori-
    ginally transferred. Provided further, that there shall
    be but one sitting for oral argument at the place from
    which cases are transferred for each equalization, and
    all cases so transferred at any one equalization must
    be orally argued at such sitting, or at the regular
    place of sitting of the Court to which said cases are
    transferred. All opinions, orders and decisions in such
    transferred cases shall be delivered, entered and ren-
    dered at the place where the Conrt to which such cases
    are transferred regularly sits ab the law provides.
    The actual and necessary traveling and living expenses
    of the Justices of said Courts in hearing oral argu-
    ment at the place from which such cases are transferred
    shall be borne by the State, and for payment thereof
    the Legislature shall make appropriation." Acts 1895,
    79; G.L. vol. 10, p. 809; Acts 1909, p. 88; Acts 1927,
    0th Leg-.,p. 115, ch. 76, B 1; Acts 1927, 40th Leg.,
    E'
    1st a,,:s.,p. 148, ch. 51, 8 1. Acts 1933, 43rd Leg.,
    p. 380, ch. 151, fi1; Acts 1941, 47th Leg., p. 762,
    ch. 476, 0 1.
    -3550-
    

Document Info

Docket Number: C-734

Judges: Waggoner Carr

Filed Date: 7/2/1966

Precedential Status: Precedential

Modified Date: 2/18/2017