Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-05-04

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briefly alluded 10 this matter, but that
the public may understand clearly the p1.
siiion Of things and what has taken place,
we shah rccapiiulaie the facts Of the case
and presen, them more fully.
Under the Enabling Act, which was Of
itself an uuvarrantnble stretch Of auihori.
~, Gov. Davis proceeJel to appoint the
Mayo AMI Aldermen of Dallas, and for.
tnual-ly for the city, The Mayor aud
majority of the Board gave satisfaction to
its people. Then followed the new char
ter, passed by the same Legislature, after
the passage Of the Enabling Act, which
prescribed that the municipal officers,
then in office by the appointment of Gov.
Davis, should hold their offices until the
next general election, and, in case Of any
vacancies occurring, they should be flied
by m election Of The people in the maa-
ner pciuicl ont hy the charter. Three va.
caneies in the Board securing and two in
the Offices of Marshal aud Assessor, they
were consequently ii lied according to law,
and every thing was going on to the entire
satisfaction of large majority of the cii-
zcns Of Dallas. In the meantime, proba.
bly, by the instigaiion Of certain lrpet.
baggcrs and scalawags TO effec ,ome un-
holy purpose OF gain or plund'., the Gov.
ernor saw fit to appoint nj, Mayor and
Board of Aldermen, without specifying
any charges against thGold ones. lie held
that he could appoint and remove, at his.
arbitrary pleasure, without any cause.
The old officers, under the unanimous
opinion of the Dallas Bar, and also of the
Attorney General of the State, who was
consult:i, refused to give up their posi-
lions at the command Of The one-ass pow
err at Austin. Then Dr.. Haynes, the new
appointee for Mayor, resortcd to the Judi
ciary for assistance. lie found ready
help from his Honor, Judge Hardin Hart,
we'll known if not very highly appreciated
for his legal requirements, who issued his
mandamus, and the case was fully argued
before him in chambers. II seemed mat
ter too plain for argument, one that did
not require even lawyer TO comprehend,
that any school boy, who had advanced from.
the alphabet to words Of two syllables,
could understa nd. Was the last law SUI
perior 10 the first ? Was the latest ex-
preston of legislative will to be carried
L.. ,l,,1o l.
nut shell. ]ht the learned Judge, who
holds his office by the appointment and
grace of Gov. Davis, did not hesitate to de-
eide that the Governors power over the
officials at Dallas was unlimited, and that
the newly appointed Mayor was entitled
to the office. The laws Of Texas, however,
allow party, aggrievei by the decision Of
an ignorant or corrupt Judge, an appd
by writ of error and supersedeas, upa1
plication TO the Clerk Of the Court
ling the proper bond AMI thus
case to higher court for revi
was done by Mayor Ervay, and th
| served upon the contestant an
due form of Inv. Here the nj
have rested until the Supreme
decided the question. But thio> ~
suit the purposes Of Davis and hfS'hun-
cry vultures here. The immediate possess
sion Of the Offices was the object so that
they would be enabled to carry ont their
secret designs of political or pecuniary
nature.
His Honor, after waiting long enough
to hear from Austin, instructed the sher-
III to disregard the supers'deds and, in
failure of Mayor Ervay's yielding up his
Office and official papers Immediately, to
arrest him and put him in Jail. Accord
ingly, on last Saturday evening, the May
or was arrested, without any formal de-
mand for the delivery of his Office and pa
pers, as we understand, and put in the
common jail in company with crazy in
mate Of that not very luxurious establish
ment. The officers and police elected or
appointed by the old Board, still, however,
kept their positions, unterrifed by the
lawlcss incarceration of their chief, and
the city still remained under their protec-
ton and guardianship. On Monday, the
old Board met and appointed DR.. Willie
mette Mayor, pro TEN, and determined to
maintain their rights against the usurpers
OF law and justice. The new Board also
met, as We are Informed, and appointed
their officials and made oil their arrange
ments 10 establish themselves in power by
force, if necessary, and new arrests and
imprisonments. The shadow of gloom
rested over our little city, and the faint
hearted anticipated conflicts, bloodshed,
martial law, and negro troops to carry
out the cdicts of the Austin despot. But
about the middle of the day, after our
worthy Postmaster had distributed the |
Southern mail, it was whispered about
that some news had come, which had
greatly disturbed the bold conspirators
against the peace of the city. 1t was soon
ascertained that the Austin newspapers
contained the decision of the Supreme
Court in the case of Murphy VS.. Went
worth, elsewhere alluded to in our columns,
which settled the whole matter and left
Gov. Davis and his ready tools here not
shadow Of law or right to sustain them.
They consequently collapsed and subsidized.
His Honor, the Judge, ordered the rejoice
ing sheriff to liberate Mayor Ervay, and
the new Board with all its warlike ap-
pointees and preparations vanished into
its original nothingness. Order reigns in
Dallas under The old municipality, and the
and scalawags are in grief
and mourning. May the devil comfort
them.
The Report Of the Committee, in the case
Of Giddings vs. Clark, which II was tele-