The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-11-04
Report of Committee to Citizens Meeting
on the University Count.

To E, C. Williams, Esq. Chairman of the Chl-
zens Meeting etc;
The undersigned members OF the COM
mittee of five, appointed under resolution
of the meeting of citizens of Tyler, on last
Monday, beg leave to report:
That we have given the subject
of the vote upon the location of
the main university OF the state,
and the subsequent action of the
governor and secretary of state in comput-
ing the same, and declaring Austin to he the
chosen location therefor upon said compu
tation, a most careful and conservative ex-
animation and consideration, and upon
this base our conclusion that the mode of
computing said vote was and is violatiye of
the plain provisions of the statute provid-
ing for said election and COMMUNICATIVE of
find it in direct conflict with
the express Interpretation of the
requirements of the law by the attorney
general of the state-the law officer of the
state, chosen as such by the people of the
state. We further report, rs our opinion,
that the declaration of the governor that
the city of Austin had received majority
Of the votes cast for the main university is
not justified by the official returns of the
vote, nor is it sustained by the official tab
ulation of the vote made by
the governor and secretary of state
thcmselves-a copy of which is
here appended as part of this report; but,
on the contrary, we find that said returns
and tabulation show that the city OF Tyler
received for said main university large
majority of the votes cast over her rival sis
ter, Austin, and that the said vote in favor
OF the location of said university at Tyler
wnS not only n noinritv Oynr INV nfhnr
rival point, but was and is the one.third of
the vote cast, as contemplated and required
by the act of the legislature providing for
the location of the same.
We believe that by this action of the
governor and secretary of state great
wrong has been done, not only to the city
of Tyler and those Of the qualified electors
of the state who voted for Tyler, but to the
entire citizenship of the state, whose
greatest assurance of protection to the
rights. OF each citizen in the fu-
ture is in the rigid adherence to
and entorc ,ment of the law as il is written
in the present. Whilst we dsclaim most
earnestly any purpose or desire to encour-
age or,promote useless litigation, We are
iorcibly impressed with the conviction, and
here express it, that it is the duty of the
city Of Tyler to invoke las we think she
may the unbiased action of the courts of
the state in the determination of the ques-
tons at issue. In this view of the case
IL is our opinion that whenever the
board of regents of said university
shall meet for the purpose specified in
section 10 OF the act of the legislature pro-
yding for the establishment of the univer-
sity and the meeting of said board, etc.
and shall assume to exercise tho powers
therein conferred upon them at any other
place than the city of Tyler, they will he
acting in clear violation and disregard
OF the provisions of said section 10, and sub
ject themselves, rs board, to the whole
some restraints ofthe judicial department
ofthe state, at the instance and upon the
petition of the party most directly ag-
grieved, the city Of Tyler
GHo. W. Chiffon, Chm'n.,
W. $. HERNpoY,
s. 7. NEWTON.
G, q. WWrE.
We ask that this report be received, and
the committee discharged.
Gro. w. ClttLroN, Chairman.
The above report was, unanimously adopt.
ed by the citizens meeting. Colonel II.
w. Jones made the following report:
As one of the members OF tho committee
beg leave to report that fully concur in
the foregoing report OF the committee OK.
cept as to the remedy proposed. NV
opinion is that the remedy
for the wrong complained of Is
to be found IN the contest Of the ques.