Organization of Dallas County, Texas

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ORGANIZATION OF DALLAS COUNTY
(Transcribed by Dorman Holub)

    The first legislature of the State of Texas passed an act March 30th, 1846, creating Dallas county, consisting of a territory embracing 900 square miles, or 576,000 acres.

AN ACT CREATING THE COUNTY OF DALLAS.

    SECTION 1. -Be it enacted by the Legislature of the State of Texas, that all that territory included within the following limits, in Robertson and Nacogdoches counties, to wit: Beginning on the southern boundary line of Fannin county, three miles east of the eastern boundary of Peters' colony grant; thence, south thirty miles; thence, west thirty miles, thence, north thirty miles to Fannin county line; thence east with said line to the beginning-be and the same is hereby created a new county to be known and called by the name of Dallas.
   SEC. 2.-Be it further enacted, that the inhabitants residing within said limits, shall be entitled to all the rights and privileges enjoyed by the inhabitants of the several counties in the State, except as to the right of separate representation until entitled by numbers to separate representation and the rights of having a separate land district.
   SEC. 3.-Be it further enacted, that this act shall take effect from and after its passage.
Approved March 30, 1846.
April 18, 1846, another act was passed by the legislature, and provided that the town of Dallas should be the county-seat of Dallas county, and all the courts should of course be held there until otherwise provided by said legislature. The following is the act 182

 

AN ACT TO ESTABLISH THE SEAT OF JUSTICE OF DALLAS COUNTY.

    SECTION 1:-Be it enacted by the Legislature of the State of Texas, that until otherwise provided by law the town of Dallas shall be the seat of justice for Dallas county, and all courts for said county shall be held thereat.
   SEC. 2.-Be it further enacted, that this act shall be in force from and after its passage.
Approved, 18th April, A. D. 1846.
   As the previous acts did not provide for election of officers or for any one to manage the elections and make returns of the same, the following act was passed in May, 1846:

 

AN ACT PROVIDING FOR THE ELECTION OFFI-CERS FOR DALLAS COUNTY.

    SECTION 1.--Be it enacted by the Legislature of the State of Texas, that John N. Bryan be and he is hereby authorized to appoint managers to hold and give notice of an election to be held in Dallas county, for a chief justice. sheriff, coroner, clerk of the county court for said county, and that said election be conducted in all respects according to the existing laws governing elections; and the said Bryan shall, in the order directing the holding of said election, require that the returns thereof be made to him within the time provided by law; and the said Bryan shall give to each person elected a certificate of his election and make returns of said election to the Secretary of State.
   SEC. 2.-Be it further enacted, that the officers elected at said election shall enter on the discharge of their respective duties immediately after giving bond and taking the oath of office prescribed by law; and that this act shall be in force from and after its passage.
Approved 12th May, A. A 1846..
   In the year 1850 another act of the legislature was adopted with reference to the seat of justice, as follows:

 

AN ACT TO PROVIDE FOR FIXING THE BEAT OF JUSTICE OF THE COUNTY OF DALLAS.

    SECTION 1. - Be it enacted by the Legislature of the State of Texas, that the second Saturday of May, one thousand eight hundred and forty-eight, be fixed 9s the day of holding an election in the county of Dallas for the selection of a suitable place for the permanent location of the county seat of justice of said county; and it shall be the duty of the chief justice of said county to give public notice of the same in writing, to be posted up at the different precincts, immediately after the passage of this act, and to issue writs of election to the different precincts, at least ten days prior to said election.
   SEC. 2. --Be it further enacted, that it shall be the duty of said chief justice to receive and make public in writing posted up at the different precincts such propositions as may be offered by the citizens of the county, as inducements in favor of the selection of places recommended as suitable locations, for the county seat of said county.
   SEC. 3. -Be it further enacted, that the propositions submitted to the chief justice in compliance with the second section of this act shall be in the shape of penal bonds, and shall be collected at the suit of said chief justice or his successor in office, in the District Court, for the use of the county, and the proceeds applied to the erection of county buildings.
   SEC. 4. -Be it further enacted, that the election for said county Beat shall be conducted in conformity with the existing laws regulating elections' at the time thereof, and the returns made to the chief justice, in ten days after the election, who shall declare the place receiving the highest number of votes to be the legal seat of justice of said county, provided, any one place shall have received a majority of all the votes polled at Said election; but in the event that no one place shall receive a majority as aforesaid, then and in that case it shall be the duty of the chief justice to proceed to order another election after giving notice as in the first instance, putting in nomination the two places that have received the greatest number of votes, which shall be conducted and returns made as heretofore provided, and the place then receiving the highest Dumber of votes shall be declared the county seat of justice, provided it shall not be more than five miles from the center of said county.
   SEC. 5.-Be it further enacted, that William Jenkins, James J. Beeman, William Hoarde, Micajah Goodwin and R. J. West, of whom three may constitute a quorum to do business, shall be and they are hereby appointed commissioners to lay out and sell lots if necessary, and to superintend the carrying out of such propositions as may have been made in behalf of the location selected, and report to the chief justice, whether or not the bonds containing propositions in favor of said selected place have been strictly complied with by the makers and obligors of the same.
   SEC. 6.-Be it further enacted, that as Soon as the county buildings are received by the commissioners and reported to the chief justice, the clerks of the District and County Courts, sheriff and district surveyor, shall remove their offices and papers to the place selected as the county seat, and all courts thereafter shall be held at the same county seat.
   SEC. 7.-Be it further enacted, that all laws and parts of laws, conflicting with this act are hereby repealed; and that this act take effect and be in force from and after its passage.
   Approved March 20, 1848.
   It is probable that the above failed to meet requirements in settling this election; so the following act was passed concerning a general election.

AN ACT TO LOCATE THE BEAT OF JUSTICE OF DALLAS COUNTY.

    SECTION 1 -Be it enacted by the Legislature of the State of Texas, that the day of general election for county officers in the year one thousand eight hundred and fifty be and is hereby fixed as the day for holding an election in the county of Dallas, for the selection of a suitable place for the permanent location of the seat of justice of said county; provided the north boundary of said county shall be established by that time; and if not, directly after it is established.
   SEC. 2-That the chief justice of said county shall give public notice of the same in writing, posted tip at the different precinct at least ten days before the election.
   SEC. 3.-That he Shall receive and make public, in writing as aforesaid, such propositions as may be offered as inducements in favor of the selection of places recommended as suitable locations for the seat of justice of said county.
   SEC. 4-That the propositions submitted, as aforesaid, shall be in the Shape of penal bonds, and may be collected at the suit of said chief justice or his Successors in office, in the District Court, for the use of the county, and the proceeds applied to the erection of county buildings for said county.
   SEC. 5.-That the election for said county seat shall be conducted in conformity with the existing laws regulating elections at the time thereof, and the returns made in ten days to the chief justice of said county; who Shall declare the place receiving the highest or greatest number of votes to be the legal seat of justice of said county; provided any one place shall have received a majority of all the votes polled at said election; but in case no one place shall have received a majority as aforesaid, then the chief justice shall immediately order another election, giving ten days' notice thereof, posted up as before stated, putting in nomination the two places that receive the greatest number of votes; which said election shall be conducted and returns made as heretofore provided; and the place then receiving the greatest number of votes shall be declared to be the county seat of justice of said county; provided it does not exceed five miles from the center of said county.
   SEC. 6-That Rev. James Smith, Amon McComas, R. J. West, W. J. Walker arid Micajah Goodwin, of whom three may constitute a quorum to do business, shall be and they are hereby appointed commissioners to lay out, sell and transfer lots, if necessary, and to superintend the carrying out of such proposition as may have been made in favor of the location selected, and report to the chief justice whether or not the bonds containing propositions in favor of said place have been strictly complied with by the makers and obligors of the same.
   SEC. 7-That as soon as the county buildings are received by said commissioners, and reported to the chief justice, the clerks of the districts and county courts, sheriffs and county surveyors shall remove their offices and papers to the place selected for said county seat; and all courts shall be held thereafter at the said county seat.
   SEC. 8-That all laws and parts of laws conflicting with this act be, and the same are hereby repealed; and that this act take effect and be in force from and after its passage.
   Approved Jan. 11, 1850.
   Under the above and last act the general election was held August 5, 1850, for locating the county seat, and resulted as follows:

For Dallas                 191
For Hord's Ridge (now CA Cliff)    178
For Cedar Springs             101
Total                 470

236 votes being necessary for a choice, on the 31st of the same month, August, 1850, another election was held, resulting thus:

For Dallas        244
For Hord's Ridge     216
Total             460

231 being necessary for a choice, Dallas was chosen as the county seat. -
   The following certificate as to the correctness of the above acts was - made and certified to by the chief clerk of the secretary of said State.

STATE OF TEXAS,
DEPARTMENT OF STATE.
   I,  J. R. Curl, Chief Clerk and acting Secretary of State of the State of Texas, do hereby certify that the within and foregoing is a true and correct copy of the acts of the Legislature of the State of Texas entitled as follows with date of approval: ,An Act creating the county of Dallas," approved March 30, 1846; "An Act to establish the seat of justice of Dallas county", approved April 18, 1846; "An Act providing for the election of officers for Dallas county", approved May 12, 1846; "An Act to provide for fixing the seat of justice of the county of Dallas," approved March 20, 1848; "An Act to locate the Beat of Justice of Dallas county", approved January 11, 1850; the original enrolled bills of said act being now on file in this department.
   Witness my official signature and the Seal of State affixed at the city of Austin, this the 20th day of April, A. D. 1892.
   J. R. CURL,
   Chief Clerk and Acting
   Secretary of State.



(Transcribed by Dorman Holub from John Henry Brown's Memorial & Biographical History of Dallas County, Lewis Publishing Co., Chicago,, 1892, pp. 183-185. Permission to reproduce this transcription must be obtained from Dorman Holub)