Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1881-11-03
The School Junction.

y In the case afThonas Dwye
d vs.. Jno. w. Hackworth, asses
= sor and collector, submitted t
: the district court, Judge Nc
i Farland on the bench, on al
n agreed statement of facts, tn
j manuscript of which make
L some forty or fifty pages, sett
f ing forth all the facts in tn,
t case and covering an entir,
: history of the public FIRE,
t schools from their organization
in April 1875 up to the prescn
session. 1t will be remembered
that Judge Mcfarland last
spring granted an injuncti on,
upon the application OF Mr.,
Dryer RESTRAINING the collect
or from collecting the special
tan levied by the city for the
support of the schools. All
points in controversy are fully
and explicitly set forth III the
statement
The judge after certifying to
the correctness ofthe statement,
rendered the following decis-
ion;
And upon which the court is
of the opinion. E'irst- That
the city council of the ,:ity of
Brenham had the power and
authority under the laws of the
state aud the charter and
amended charter of said city
to levy a tax FOX the mainten-
ance and support of public free
schools in said city not to ex-
coed one half of one per cent;
that the amount necessary for
said purpose was lefr entirely
discretionary with said council,
provided they did not exceed
the above limit of onc-half of
one per cent and that the levy
of one half of one per cent
complained of made by said
council for said purpose was
legal and binding.
Second: That "a public free
school house" is a public |
building" within the meaning of |
the law and that the tax OF one
half of one per cent lev
led by said council for
the purpose of erecting such
a building land which is also
complained of was within the
scope of their authority, and is
also legal and binding.
Third. That said city coun-
Gil had authority to borrow
money upon the bonds of said
city to the extent of $4,000,
and that having done so it be-
came the right and duty of said
council to provide by special
taxation for the payment of the
interest and to create a sinking
fund, and that the tax levied |,
of one-eighth of Que per cent.
by said council for that purpose
land which is also complained
of was also legal and binding.
Fourth That the tax of one
half Of one per cent levied by
the aforesaid city council for
general purposes (But which is
not complained OF was also
legal and binding.
Fifth /: That under the ordi-
nance Of said City council of
25d OF June 1880, submitting to
a vote Of the tax paying voters
of the city of BRENNAN the ques-
ton of ievying tax for the
support of the Public Free
Schools Of BRENNAN, an cleo
ton was heidi the vote canvass
ed and the result announced by
the aforesaid city council, and
that the correctness of
their action cannot be
into in this proceed
ing; that two thirds of those
voting at said election was all
that was necessary to carry
said question:
Sixth The city council had
a right under its charter to Gre
ate committee on assessments
rom whose valuation any citi-
zen had the right to appeal to \
The board OF appraisers, and the
plaintiff having failed to appeal
70 said board cannot now be.
heard to complain of the vaIua-
ion made by said committee
On appraisements. a
Seventh: For all wrongful
md oppressive acts done or
committed by the assessor and
collector (Hackworth) toward
he plaintiff he would be per-
;onally liable to plaintiff, and
hat could in no way effect the
light of the city to collect the
axes. !
The plaintiffs petition is
therefore, dismissed at plain b,
ifs costs and to which plain
if excerpts and gives notice OF
ppeal.
I.B. McFARLAND.
J,,I -