The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-11-10
THE MoorED PROTEST

court in the state having jurisdic-
ton to consider the questions in
volved. Austin has been declared
the place for the location of the
main university, having received
for the main university and for the
university entire (the medical de-
partment as we'll as the main uni
versity). $4,000 more votes than any
other place. Sane minds would
pronounce this a conclusion of the
matter, and so it must be. Should
a protest be made, who will
consider this protest? What
court can take hold of it? The
protest would be as effective as
that protest of a governor against
the issuance of certain land certifi-
Gates, without any regular or legal
proceedings to make the protest
effective ; an empty remonstrance
against an officer or officers direct
ed to proceed regardless of such
protest. A protest against the de-
clared vote and the action takeL
thereon can certainly be made, and
the board of regents can listen to
the protest, formally received, but
unless a court be found with power
to mandamus, and such mandamus
issue, the regents will be left with
but the plain letter of the law
to guide them i'll proceeding
with the organization of the
university, the main estab-
lishment at Austin and the medical
department at Galveston. The work
is done by the people, and the con-
clusion has been reached by compe-
tent authority upon their action,
anu the power that has concluded
is supreme-made so by the very
law that provided for this popular
expression, and for the establish
ment of the institution. The points
are all so we'll settled that it does
look as though this discussion, rs to
a contest, is mere assumption on the
part of poorly informed persons.
Certainly no lawyer Of reputation
would attempt to place such Il case
in court. Could district
judge be found to assume
jurisdiction the supreme court, to
which appeal wOnld Immediately
be made, would declare the assump-
ton improper, and the contesting
party would be left where the case
began-that is, without any case at
all. Such are the reasonable and
legal features ofthe proposition. The
press of the state, even that portion of
it'Opposed to Austin during the cam
vass, regards the university matter
as settled, and that any action In the
way of protest would be of a preju
dicial nature to the place in whose
interest such protest might be pre-
sented. The San Antonio Express
discusses what appears TO us to be
an improbable view of the case, as
follows:
That Tyler will contest the univer-
sity matter in the courts is almost
cer'aln, it is said, and this would
cause much delay and annoyance,
even though the result announced
should remain unchanged. The peo-
pie ofnearly the entire state will re-
gret any such action on the part of
Tyler, for the crowded condition of
our state educational institutions,
and the large number of students
forced to go TO other states to COM
plete their education, show the ne
cesslty for as early q completion of
the state university as possible. If
Tyler succeeds IN having the ac-
ton of the secretary of state in
counting The vote set aside, there will
have - br now election, as to count
the voic in any other way, no place
received the necessary vote TO Sc
cure the university. There were
cast for the main university, 43,878
votes, and for the university entire,
23,984, 22,554 being the requisite
number to secure the location. Ty-
Ter received only 1920 for the main
and 1850 for the entire university,
while the vote of. Austin was 1896
for the main and 14,607 for the en-
tire university. making q total of 30,-
913. A new election would allow
only Austin and Tyler to become
candidates, and the people of the
latter place certainly could have no
hope of success, if in the event of
new election. Therefore, to contest
the elsctiOn would merely put the
state to loss, annoyance and great de-
lay simply TO crafty the ire caused by
the defeat and disappointment of the
Tylerites. 1t is fair to presume that
all those who voted for either Aus
tin or Tyler for the main or entire
university would cast their votes in
a new election for the same places
for the main university, aud this
being the C ase, Austin would have
to secure only 2644 of the 1878
votes cast for other places to win,
allowing that the same vote would
be cast i'll a new election. But
while the action of Tyler remains
in doubt, or the result of that ac-
ton If any be taken, there must be
confusion at A ustin in connection
with the university question.