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Impeachment in Texas

Published online by Cambridge University Press:  01 August 2014

Frank M. Stewart
Frank M. Stewart*
Affiliation:
University of Texas
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The Ferguson case in 1917 represents the only instance of the impeachment and conviction of a state official in Texas. The law of impeachment must then be sought in the proceedings of the Ferguson trial, the opinions of the attorney-general, and the opinion of the supreme court in 1924 in the case of Ferguson v. Maddox, which reviewed the legality of the 1917 proceedings in determining whether Mr. Ferguson was eligible to have his name placed on the primary election ballot as a candidate for governor.

Impeachment at a Special Session. The constitution provides that the governor may on extraordinary occasions convene the legislature in special sessions limited to thirty days' duration, during which there shall be no legislation upon subjects other than those designated in the proclamation of the governor calling the session or presented by him. The facts in the Ferguson case may be reviewed briefly. The speaker of the House of Representatives, on his own motion, had issued a call for the House to meet in special session on August 1, 1917, to consider the impeachment of the governor. Before the members could assemble, the governor issued a call for a special session of the legislature to meet at the same time as that set by the speaker's call for the purpose of considering the matter of university appropriations. The House proceeded with the investigation and impeached the governor, who was thereupon suspended from office.

Type
American Government and Politics
Information
American Political Science Review , Volume 24 , Issue 3 , August 1930 , pp. 652 - 658
Copyright
Copyright © American Political Science Association 1930

References

1 Cf. “Impeachment of Governor Ferguson,” 12 American Political Science Review 111–115 (1918)CrossRefGoogle Scholar.

2 Ferguson v. Maddox, 263 S. W. 888 (1924).

3 Constitution, Art. III, sec. 40; Art. IV, sec. 8.

4 Biennial Report of the Attorney-General, 427–439 (1916–1918)Google Scholar.

5 Ferguson v. Maddox, 263 S. W. 890-891 (1924).

6 Van Hecke, M. T., “Impeachment of Governor at Special Session,” Wisconsin Law Review, 155–169 (1925)Google Scholar.

7 Laws, 35th Leg., 3d called sess., 102-106 (1917)

8 Biennial Report of the Attorney-General, 283–287 (1924–1926)Google Scholar.

9 Ibid., 211–213.

10 Ibid., 329–333.

11 P. 893.

12 P. 892.

13 Constitution, Art. XV, sec. 4.

14 Pp. 892–893.

15 Dickson v. Strickland, 265 S. W. 1012 (1924).

16 Pp. 890-891.

17 Laws, 39th Leg., reg. sess., 454-455 (1925).

18 Biennial Report of the Attorney-General, 199–211 (1924–1926)Google Scholar.

19 See Van Hecke, M. T., “Pardons in Impeachment Cases,” 24 Michigan Law Review 657–674 (1926)CrossRefGoogle Scholar; Potts, C. S., “Impeachment as a Remedy,” 12 St. Louis Law Review 16 (1926)Google Scholar.

20 Laws, 40th Leg., reg. sess., 360-361 (1927).

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