State v. Cook

Citations

• 57 Tex. 205
• 1882 Tex. LEXIS 123

Syllabus

<p>1. Construction of statutes.— Section 6 of the act “ To organize and define the powers of the criminal district court in and for the counties of Galveston and Harris, and to prescribe the duties thereof ” (2 Pasch. Dig., art. 6140), is as follows: “ There shall be appointed by the governor,0 ... a judge for said court, who shall hold his office for four years, . . . and shall receive the same salary as ' judges of the district courts.” In the constitution of 1876 this court was retained (art. V, sec. 1), with the district jurisdiction and organization now existing by law, until otherwise provided by law.” By the constitution the salary of the district judges was fixed at $2,500 a year, no legislation existing otherwise fixing the salary of the judge of said criminal district court. Held,</p> <p>(1) It was the intent that the salary of the criminal district judge conform to and be dependent upon the salary of the judges of the district court.</p> <p>(2) An appropriation law does not alter a salary fixed by statute.</p> <p>2. Service of citation upon the state.— Where suit is allowed by legislative act against the state, and no mode of service is prescribed, service upon the governor or on the attorney general is sufficient.</p>