The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-03-21
THE APPROACHING CITY ELECTION.
Important Suggestions About the Legality
of the ElectiOn-The Provisions Of
the State Constitution, the state
Law and the City Charter


the State Constitution, the state
Law and the City Charter
Contracted
Editor EVENING LIGHT, San Antonio:
Some important suggestions arise in connec
ton with the approaching city election that
should be thoroughly investigated and settled
before the vote is had.
four people are really anxious to have the
matter forever settled, let there be no techni-
callty in the proceedings overlooked, whereby
litigation may possibly arise in future.
The constitution of 10, article W., section
3 (adcpted since our charter provides X
'but in all elections % determine the expendi-
ture Of money or assumption of debt, only
those shall be qualified to vote who pay taxes
on property in said city or Incorporated town."
Section 43 of city charter provides, Ito
make loan or incur Indebtedness exceeding
ten thousand dollars in any one year, the
question must be submitted 10 the legal voters
Of the city, and if sustained by two-thirds Of
the votes polled, such indebtedness or loan
shall be lawful
The act of the legislature approved April
18th, A. d. 1879, cited in the proclamation Of
his honor, the mayor, and in accordance with
which it is to be presumed he will be governed
provides section g:
"No compromise which may be agreed upon
between the commissioners court, or the
mayor and board of alderman, as the case
may be, and the bondholders or others, shall
be binding upon the taxpayers OF any county,
city or town, until the terms of said compro-
mise shall be submitted to vote of the prop
erty taxpayers, at an election held by order
Of the commissioners court, or mayor and
board OF alderman, as the case may be, and
a MAJORITY of said taxpayers shall vote in
favor OF and ratfY the terms of said compro-
mise, PROVIDED none but property taxpayers
shall vote at any such election"
Hence the old vexed question arises how
far general statute repeats special one.
We believe that it is well settled that the IN
TENTIoN of the legislature governs.
Quere? How about the action of the com.
missioners court, issuing the county bonds in
compromise of debts as provided in said act
of the 18th of April, 1879, without submit
ting to vote of the people the terms of the
compromise as clearly declared in section 9 ?
DO they base their action on the act of March
IS, A. d., 1879? Yours, etc., X.
Calumny. Lying and Perversion on the
Bond Question.
Instead of controverting my article with
positive proof, according to rules of proprety.
the Freie Presse cannot help itself any better
than to use its whole store of abuse in dis
graceful terms to me personality; it says:
''childlke ignorance, unadomed impudence,
insulting of the German element, accusation
of bribery, barefaced lying, ETC."
'But it don't scare worth a cent
Does criticizing the Freie Presse mean in
suit to the whole German element? 1t is i'm
mense to contemplate what boundless pre-
sumption and self-conceit some of these peo-
pie have, as if they were the only representa-
tives of the German element l do not be-
ieve that the Germans have considered them
selves insulted by my article.
| said, among other things, in reference to
the bondholders: 1.-The English and Ger
man press are set to work to work for the
compromise. From this passage the Presse
wrests the senSe-it seems to be of very SEN
sitive nature - the Express does not do
so, - of an accusation of bribery,
and promulgates in long round about way,
its honesty, and to clear its integrity, so that
am reminded of the old saying "where there
is itching there is scratching" However, be
it far from me to believe in such and like re-
ports, which circulated at the time when the
Freie Presse was working hard for the COM
promise with the waterworks company.
The Freie Presse says on the Sd Of March
''that the supreme court had decided Tor pay
ment of bonds and against this decision there
is no appeal" this is untrue and perversion
because the court of equity will throw the case
out of court and find judgment and cost
against plaintiff. which is inc irectly though
inconsistency admitted by the Freie Presse,
though it claims not to know anything of an
appeal and denies the same in toto.
used the word appeal because it is
easier to understand than the Continuation
Of the suit in the court of equity which is
in reality an appeal from the court of law
Thus the Freie Presse tries by sophistry to
accuse others of lying. leave it to the reader
to Judge who is the liar.
The Presse says: eff any prominent at
tomey will assure us that the proceedings in
equity will guarantee any prospect of success.
we will declare ourselves la favor Of the same"
| refer the Presse to Gov. Davis, who is a
prominent attorney, why should he have
urged to bring the suit before the court of