Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 565
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.] SAUNDERS V. WAGENER. 565
Opinion of the Court.
the removal of all county and district officers by indictment,
which may be adopted " when their removals are not otherwise
provided for," and power is given to the Legislature to provide
for the removal of all other officers than those impeachable by
a mode otherwise than by indictment, as well as by indictment.
That it was not designed by the Constitution to make indictment
the exclusive mode for the removal of such an officer,
may be seen by reference to the 41st Section of the General
Provisions, where another mode of removal is provided by the
Constitution itself.
" All civil officers of this State shall be removable by an address
of two-thirds of the members elect to each house of the
"Legislature, except those whose removal is otherwise pro"vided
for by this Constitution." (Paschal's Digest, 1131).
This law as to the mode of removing the county treasurer by
the County Court, being in force at and before the adoption of
our present Constitution, remains in force as the mode otherwise
than by indictment which the Legislature is authorized to
prescribe, unless there has been such a change in the structure
and powers of that tribunal as to be inconsistent with the discharge
of such a duty. The Constitution of 1869, and the
laws passed in pursuance thereof in reference to the present
County Court, evidently contemplate the preservation and perpetuation
of the general powers of that tribunal as a police
court for county purposes as they have been formerly exercised
from its first institution, though constituted by different
officers, and called by different names at different times. (Section
20, Article 5, Constitution 1869, Pas6hal's Digest, 1118.
Act of 1870, Sections 32, 33, Paschal's Digest, Articles 6110-12.)
The County Courts, as now organized, are as fully competent
to perform this duty as at any previous period when this law
as to the removal of the county treasurer was passed, and continued
in force up to the organization of the present County Court
We are of opinion that it is within the power of the County
Court to remove the county treasurer under and by virtue of
the power vested in them by the 10th Section of the Act of
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/573/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .