Ex parte Hogg

• Decision Date: 01 January 1871
• Parties: EX-PARTE T. E. HOGG.
• Court: Texas Supreme Court

36 Tex. 14

EX-PARTE T. E. HOGG.

Supreme Court of Texas.

1871.

Sections 2 and 8 of the Act of August 15, 1870, “giving effect to the several provisions of the Constitution, concerning taxes,” which purport to authorize the removal of justices of the peace, by district judges, for causes therein enumerated, are repugnant to Section 17 of Article 12 of the Constitution, which provides that “every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title;” and so far as these sections provide for the removal of justices of the peace by summary proceedings, they are repugnant to Section 24 of Article 5 of the Constitution, which provides the manner by which county and district officers shall be removed, when their removal is not otherwise provided for.

APPEAL from an order of Hon. M. Priest, sitting as district judge in the county of Cherokee.

There is no occasion for a statement of the facts.Wm. M. Walton, and S. A. Willson, for appellant.

Wm. Alexander, Attorney-General, for the State.

EVANS, P. J.

This proceeding was based upon Sections 2 and 8 of the Act of 12th Legislature (called session) for the “Assessment and collection of taxes.”

Section 2 of this act provides that, “If the justice shall fail to give the assessment bond required, or shall be proved to be delinquent, or shall become a habitual drunkard or gambler, he may be removed by the judge.” Section 8 provides that, “If he is guilty of any of the acts named, upon information in writing, or upon the judge's being satisfied that there has been evident neglect of duty, he may order a summons to issue, requiring such justice of the peace to appear before the District Court at the next term thereof; and after such notice shall have been served on the justice of the peace for at least ten days before the return day thereof, the court shall, at the term to which such summons is returnable, or to which it may be continued, consider whether there has been evident neglect of duty or misconduct in office by such justice of the peace, and if it shall be of opinion that such cause exists, shall make an order for his removal, and shall forthwith direct an election to fill the vacancy.”

The complaint of the Lieutenant of police charges Hogg with official misconduct as justice of the peace, and not as assessor of taxes; neither was there any notice served upon Hogg, as required by Section 8, and no opportunity of defense given.

But had the...