The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-05-26

Il
election were read and ordered paid.
Alderman Clark moved that the council
adjourn until Tonight at 8 o'clock to install
DR.. Crowdua, the mayor elect, into ONCE.
Carried.
The MayOralty -WarrantO Case.
The proceedings were opened yesterday
morning by Judge White, who concluded
the argument for the relstor on the question
Of res adiua a:;cata. The judge promised by
saying that the only question as to the
exclusive jurisdiction of the city council. He
admitted that all bodies of that character
necessarily had the right to judge of the
qualifications of their own members-that at
every meeting there was recognition of
their membership. He said further that
there was no appeal as such from the council,
but denied Mr.. Gibbs classification OF juris
dictions, alleging that there was another
kind, to-wi: A supervisory Jurisdiction
reached by the writ of quo arranto,
when appeals and writs of error
would not lie. He read from
Judge Dillon on the subject of extraordiN
nary remedies invoked for tribunals composed
of men unskiled in the law, aud conteL ded
that it would be monstrous for such men TO
try intricate points of law. He argued that
the principles of law governing quo waSb
rsnto gave Ihe ser tciuqulre into the who's
mater IL dispute, and that the rlgnt to
y INQUIRE gave the right to conclude; that In
maadamus there was only an order OF the
court, but in this proceeding an Unlimited
right of investigation; that there was but one
hat M
invested with unequivocal and exclusive juris-
diction. Quo warranto implied that there
was no concurrent Jurisdiction, writ OF error
or appeal. ,,
The question here Judge White argued,
VA, not whether Stone should have the office,
but whether Hunt should hold it. This
writ comes from the people, as In England
it came from the king; that all the state had
to do was to make out prims faeie case
and defendant was forced to show by what
tenure he held the office-that in that view
OF the case the plea of res sdjudlcata would
not lie as in this QUO varranto proceeding
not only were the parties different from
those before the council, but also the sub
iect matter of controversy. He quoted
Penn's case showing that rules regarding
legislatures did not apply to such bodies as
. councls-one beng separate and CO.
Or0l0dte DfhDCn Ol buo XIV "a hihoas, ehN W.
other but an inferior tribunal with limited
powers
piles prevailed everywhere else they should
be- recognized 10 Texas, and referring to the
single excepuon mentioned by Judge Banks
dale. said il was not as counsel on tue other
aide had stated, Texas case, but enc from
California Referring TO the case Of Doche ~
Va. Parker. where ii was laid down that
ssthere IL no mode of revising the judgment
of ina court under the statute Dart. dig
Qlpl in cases of contested elections for
county officers; il is, therefore conclusive"
ee areaod that the whole policy Of the state
had changed since that decision,
and that the reasons and conditions OF the
Law being gone the binding elect OF the Dc.
cision was also done away with. The writ
of QUO wsrranto bad been since engrhfted 10
our jurisprudence and even the statute itseli
.ohsn0ed. He commended that 10 give the
council exclusive jurisdiction il must be ex~
nresse d in the chsrter, and that this writ In
no wise infringed upon their rights, but was
sunervisorv 20 control tbe action not only Of
psrt Of councils proceedings but over all.
he concluded by referring 70 the hilhken
case Al WesfherfOrd, where the court held
a. follows: s'OOnceding thst the legislature
could confer lawfully this jurisdiction on the
bosrd of aldermen, and that thsre was no
right 70 reverse their seton BY spPesl, writ
oferror or certiorsri, then Their Judgment
would be final unless II was subject 70 Be
: impescheS for some cause which would
render II absolutely void" And cOnisDded
thst that expression Of The court vas purely
unssssntisl 10 the question involved
q, had been argued BY Judge Bsfts-
d.ls. The government Of The CITY
. Of Wssfhsrford l. . special tribunal 70 ce-
tsrruins on the rsn0vsl Of Ofbcsrs and IN no
vsv analogous IN ne power 70 thst granted
in general scts Of ineorp0rsiions-
The iu3es's sGgrt vss able and slsborsiA,
evirtine perfect ser1sintsnes with ne lsg
Of the csss. - vel 81 skill IN its spplicsiign-
The decision o. The demurrer 10 ms ples
az s,slrss1y dsci0sd," sss given By tbsjuags
sftrr sr1ns rrsrnif stion d sutboifties over
ming rhs demurrer. and dsclsring ne sction
~ - eourrsi - b. f-sl ard cnrclusive.
he cuote1 from Hieh. o. Ertrso-dins-F
psros3iss. saving th.f 3scisi0rs q c.rvsssing
hrr-ss rz-s orly rrirns iacis. ard not CO.
~iur;vs. ard n re nos vts-t tts suthor
-sls--s5 v - s-,5 - Johnsor Rsroris. vhs-s
- heid 49, ne cutiss a css-
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