Robertson County - TXGenWeb

These electronic pages may not be reproduced in any format by other organizations or individuals. Persons or organizations desiring to use this material must obtain the written consent of Mrs. Carson's descendants or contact Jane Keppler, Robertson County TXGenWeb coordinator.

Volunteer Jo Ella Snider-Parker (SPJPVine@aol.com) purchased a copy of this thesis from Texas A&M's Cushing Library & beautifully re-typed this work. Mrs. Carson's niece, Janis Hunt, has been contacted to obtain the needed copyright permission.

CHAPTER VII: GOVERNMENTAL ORGANIZATION

Commissioners Court	County Clerk	District Court	County Court	Justice Of The Peace
County Attorney	Sheriff	Constable	Declining Org's	A Glance Backward

Robertson County was created in 1837,[184] and organized in 1838,[185] with the county commissioners court, consisting of a county judge and four commissioners, forming the essential principle of its government structure. Each commissioner represented one of four commissioners’ precincts into which the county was divided.[186] Of the many diverse functions of the court, the most important is dealing with finance, taxation, welfare, public improvements, contracts and elections. The interrelationship of the various county offices revolving around the court can be fully revealed by brief examinations of each.

County Commissioners Court

The commissioners court was designated as the custodian of the county’s funds, which may be classified according to source of origin. The first class is set up by the Constitution,[187] the second by statutes,[188] and the third by order of the court.[189] It may transfer money from the statutory funds of various classifications;[190] it directs the treasurer to make disbursements;[191] it may, for certain purposes, issue non-negotiable interest-bearing county warrants, independently of the voter’s approval; it may approve claims against the county;[192] it supervises the finance ledger;[193] it receives reports of collection and financial condition of the county;[194] and it may use public accountants “to audit all or part of the books, records, or accounts” of the county.[195]

County Clerk

One of the first offices in the group which composes Robertson County’s first governmental organization was the county clerk. During a six-year period this office was discontinued in 1869, by the Constitution, and the district clerks were the recorders of Texas counties;[196] with this exception, the county clerk has always served in that capacity.

District Court

A district court was established in Robertson County when it was created in 1837,[197] and the minutes date from October l, 1838. The district courts in Texas have always been the superior of general original jurisdiction.[198]

The district court of the 85th judicial district is presided over by a district judge elected for a term of four years, by the voters of the district--Robertson and Brazos Counties.[199] Other offices of the court are the district clerk, who is elected by the voters of the district at each biennial general election,[200] the sheriff,[201] and the county attorney.

County Court

An inferior trial court called the county court was established in Robertson County when it was organized in 1838.[202] With the exception of two brief periods when this tribunal was discontinued by general law during the first two years of statehood, 1845-1848, jurisdiction in probate matters was vested in a special probate court.[203]

The county is served by the county judge, who, in turn, is aided by the sheriff, the clerk of the court, and county attorney.

Justice of the Peace

Since the organization of Robertson County in 1838, justices of the peace have held offices in their respective precincts.[204]

The justice, a public officer of the township, was elected in each precinct. The early justice of the peace was endowed with judicial powers for the purpose of preventing breaches of the peace and bringing to punishment those who violated minor laws.

County Attorney

Robertson County’s first county attorney was appointed by the governing board in February, 1867.[205] In 1871, the office was abolished by the board but was re-established as an elective one in 1876, and Robertson County’s first elected county attorney took office in April of that year.[206]

Sheriff

The office of sheriff has been filled continuously since the creation of that office in Robertson County’s first governmental organization that was worked out.[207]

Specifically, the sheriff was charged with the safe keeping of prisoners and juries, and with the prevention of the breaches of peace. He attended courts as chief administrative officer and executed their judgment. When a warrant attachment was issued it was his duty to seize the property attached. If judgment was rendered against a debtor the sheriff was the officer empowered to seize his property and sell it to satisfy claims of the creditors. He could perform these duties in person or through an authorized deputy sheriff.

The sheriff was the county’s chief conserver of the peace and process officer, and custodian of the jail, and of the courthouse.[208]

Constable

A constable qualified in Robertson County in April, 1838,[209] and the office has been filled in each precinct since the creation of the office.[210] The early constable not only enforced the laws, made arrests and imprisonments, but had the right of search and authority to execute processes. There was no uniformity in the duties of the constable, but in the early days of the county the office was of high importance.

Declining Organizations

County board school trustees. In 1840, an act was passed granting lands from public domain to the several counties for educational purposes. Texas’ first school law placed the public free school under the governmental supervision of the chief justice and the two associate justices, as a board of commissioners.[211] The management of the county schools became the responsibility of the governing court in 1845,[212] and so remained until 1873, when it passed to a separate board of school directors.[213] The board of directors was abolished in 1876, and until 1911, duties involved in the supervision of county schools were divided between the county judge and the commissioners court.[214]

County school superintendent. When the president of the board of school directors became ex-officio superintendent in 1873, the county provided for the court school superintendent.[215]

The board was abolished in 1876, and the county judge became ex-officio school superintendent.[216] Robertson County’s first full-time superintendent took office in 1891, under provisions of an act of 1887, authorizing the commissioners court to call an election to fill the office, at its discretion.[217] His function varied from supervision of local authorities in the majority of cases to actual authority over a centralized county school system.

Coroner. The office of coroner was created in 1836 by an act which required the election in each county of one coroner to hold office for two years. It was the duty of the coroner to hold inquests in all cases of violent and sudden death in the county which came to his knowledge. When there was a vacancy in the office of the sheriff, or when the sheriff was disqualified to act in a particular case, the coroner could perform the duties of the sheriff. Coroners were usually paid by fees rather than by fixed salaries, and in many cases they had no knowledge of medicine which would qualify them to determine the cause of death. This office was discontinued in 1869 when the justice of the peace became the ex-officio coroner.[218]

Inspector of hides and animals. In 1871, a law was passed for the protection of stock raisers and designed to prevent the illegal slaughter, sale or removal of livestock from the county. It was amended in 1876, and made each county an inspection district.[219] The office was abolished in 1933.

County surveyor. The office of county surveyor was created in 1837[220] and was made elective in 1840.[221] On February 6, 1838, a county surveyor qualified in Robertson County, and records of service extend as far back as March 25, 1838.[222]

A Glance Backward

County government today, with its expanding activities and its antiquated organization, is like a rapidly growing animal confined in a rigid shell. The outgrown form, which successfully met the needs of our forefathers now hampers and thwarts it at every turn. Today, one of the major problems of the local government is the revamping and streamlining of the county in order to make it an effective instrument for meeting human needs.