The Laws of Texas . Volume VIII, 1822-1897. Compiled and arranged by H. P. N. Gammel , with an introduction by C. W. Raines.

This volume covers the period extending from 1873 to 1879, and contains

• All the General and Special Laws of the 14th Legislature,

• The Ordinances of the Constitutional Convention of 1875,

• The Constitution of 1875,

• The General and Special Laws of the 15th Legislature, and

• The General Laws of the Regular Session of the 16th Legislature.

It would take more space than is at our command to notice even briefly all the important changes made in the Law of Texas during these years.

The Constitution of 1869 had no special provisions regarding Public or Private Corporations, and charters were granted both by General Law and Private Acts. In 1871 the Legislature had passed a general law for creating private corporations, and it was published, and in force, and many charters were taken out under it. Subsequently it was ascertained that there was no enacting clause to the bill. One of the most important acts of the 14th Legislature was a curative act practically reenacting the bill of 1871, and further providing that all charters taken out under that act should be valid. The first session of this 14th Legislature also passed forty-seven acts for the creation or relief of private corporations.

The most important of these was the bill for relief of the I. &G. N. R. R. Co., by which that company was granted twenty sections of land per mile of road, and immunity from taxation for twenty-five years, in lieu of State bonds to the amount of $10,000 per mile which it claimed under previous legislation.

There were eighty-six private bills at one session, prohibiting the sale of intoxicants in the immediate vicinity of designated schools and institutions of learning.

A general incorporation law for “Cities and towns of 1000 inhabitants or over” was passed.

On March 13, 1875, the Legislature passed a joint resolution to take a vote of the people as to calling a constitutional convention. The convention was called and convened at Austin September 6th and adjourned November 24th, 1875. The constitution prepared by it was ratified by the people February 15th, 1876, and became operative April 18th, 1876, and has since been the organic law of the State, though several amendments have been made. A few of the many changes thus accomplished are:

The giving of authority to the Legislature to regulate the qualifications of jurors.

The insertion in the Constitution of an entire article on Municipal Corporations; one on Private Corporations; one on Railroads.

Very extensive provisions as to taxation.

The creation of a new judicial system, including two courts of last resort; three classes of trial courts, District, County, and Justice's, with jurisdiction distributed among them in a manner never before provided in Texas.

The introduction of “local option” and usury laws.

This Constitution also gives much more detailed attention to public school and University matters.

On the day the Constitution went into effect, the 15th Legislature convened, and it set vigorously to work to adapt the body of the statutory law to the new organic law. It passed 167 bills and 15 joint resolutions.

Among the most important are those organizing the new judiciary;

• A general incorporation law for railroad companies;

• An act prohibiting usury and providing penalties for its violation;

• The creation of the Department of Insurance, Statistics and History;

• A statute of Local Option.

This Legislature adjourned August 21, 1876.

The next Legislature, the 16th, met January 14th, 1879, and adjourned April 24th, 1879. The most important legislation of this session was:

• The General Assignment Law;

• The law governing Chattel Mortgages;

• The law giving to the Commissioner of Insurance large control over insurance companies;

• The establishment of the State Normal Schools;

• Authorizing cities and towns to elect boards of trustees for their public schools;

• Charging rent for enclosed public school lands, and the famous Bell Punch Law.

The Special Laws of 1879 do not appear in this volume as the foregoing matters fill over 1500 pages, but will be given in full in Vol. 9.

A volume which contains all these matters and numerous others, which we cannot now mention, must be of great value not only to the lawyer and the student of history and the growth of government, but also to every person who desires to be familiar with his own country and its laws and institutions.

John C. Townes .

How to cite:
Townes, John C., "The Laws of Texas", Volume 004, Number 2, Southwestern Historical Quarterly Online, Page 152 - 154. http://www.tsha.utexas.edu/publications/journals/shq/online/v004/n2/review_13.html
[Accessed Tue Dec 2 20:15:13 CST 2008]