Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-01-15

other cases OF recognizance.
> Judgment nisi to be valid, must
state that 1.-THE same will be made
final unless good cause be shown at
the next term of the court why the
defendant did not appear.n
3. One Of the requisites of the writ of
scire facias which must be served upon
securities in case Of forfeiture Is that IL
shall state the date of such recogni-
zance or bail-bond, and the ofiense
with which the principal is charged
The scire faciRs in this case denomi-
mates the offense charged against the
appellant as "unlaw fully using an
estrayn Such Is not description of
the odense denounced in article al Of
the penal code. That ofiense is for
'any person, without COM
plying with the laws reg
ulating estTays,n TO take up and use
them.n "Without complying with
the laws regulating estTaya,n are words
essential to the description OF the
statutory ofIense, and the defendants
objection to both the judgment nisi
| and the scire facias, based upon this
ground, should have been sustained.
A. Sickness of the principal at the
| time forfeiture is taken, If established,
Is statutory and good defense TO a
final Judgment. In this case
both suTeties and principal,
in obedience to scire faclas
appeared and pleaded the sick
ness Of the principal at the time of the
forfeiture, as cause for non-8ppearsnca
of the principal, and announced readi-
ne's for trial, and to abide judgment.
While the mere presence Of the prin.
cipal to stand trial is not sufficient
cause for remission OF the forfeiture,
still, IL he appears and shows any Of
the causes enumerated In article 452 of
the code of Grim. proc, he is entitled
to trial, and the judgment cannot be
msde final.
5. In civil cases the rule is that judg-
ment is not final unless the whole
matter in controversy is finally dis
posed of 81 10 all the parties. Scire
lacias cases, though criminal and not
civil in their nature, are, nevertheless
subject in practice and procedure to
the same rules as govern civil cases.
One of the sureties In this case had
never been served with scire facias,
and did not appear and answer, yet
the judgment was rendered agsinstop.
pellants without the entry OF dismis.
cal or discontinuance as ohm. Held,
error Reversed and remanded.
Thompson VS.. the State, from BexRT
| county,. See section 3, page 20 OF
the general laws of the special session
Of the Seventeenth legislature, for the
ctlevyinG an occupation tax upon per-
sons or corporations engaged In selling
or offering for sale the illustrated PO-
lice News, Police Gazette and other
illustrated publications of like charRc-
tern An indictment is sufli lent TO
charge the oflense, IL it alleges in
proper form the following Of the occu.
patton of selling and offering to sell
the Illustrated Police News or Police
Gazette.
2. 1t is only when individuals of a
class are singled out for exemption
that the objection, upon constitutional
grounds, that the tax levied is not
equal and uniform on the same class
| OF subjects" can obtain. 1.-THE Illus
| trated Police News, Police Gazette and
| other illustrated publications of like
/ character are the subjects embraced
in the act OF May 4, 1882, [Gen. Laws,
supra This character of publica-
tions constitute particular class
under the law, distinct from other
/ IuDlltAllOlEV
| known and determined by the
characteristic features Of the two pub
! LEGATIONS named, Held, that the OBJ
| lection that the act OF May 1882, IL
! unconstitutional because the tax LEVIED
by it is not equal and Uniform on the
same class OF subjectsiis not well taken,
Phe taxing power resides exclusively
| with the legislature, and it is only
/ 1, 90 Nv,t aarEtf oh i'm.
! pose taxes on false and unjust princi
pies, or operate TO produce gross Inc
uuSlity, 30 that they cannot be deemed
in any lust sense proportional in theil
effect on those who are TO bear the
public charges, that courts csn inter
pose and arrest the course of legisla
ton by declaring such eDsGtmenti
void. Held, that the legislature wal
fully empo Rered to levy the tax com
planned Of
A. In constituting statutes, courts
must look to the intent OF the leglsla
ture In enactiug 1t, and not alone to ID
language. The obja Of the legisla
ture in enscting this statute is obvious
and legitimate; IL is sufficiently def
nate aud cert,in, and is leveleC at {
weli.knoWn Glass OF puOlicatiOhi
which were regarded by the legisla
ture as immoral and Pernicious IL
their tendency, and so identified il
the act that there can be no misunder
standing as to the class of publications
intended to be embraced therein an(
Il was founded upon facts Of sucl
notoriety that courts will take judicla
} notice of them, in arriving at thu
meaning, scope and purpose OF the act
Tho fay fnopOapd he the act III
question Ia not r tax upon property
but upon privilege, and is y polio
regulation as well AZ tax for revenue
The power OF the legislature to lew
such a tax, though from its nature, In
capable of exact definition or limita
ton, is absolute, 80 far as natural per
sons are concerned.
@. 1t was within the discretion ant
power of the legislature 70 enact a
many statutes upon the subject unde
confederation as they Thought pTope