Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-04-29
STATE VS.. GOODNIGHT.
The State Seeks an Injunction Against
Goodnight 10 Keep Him from
Fencing and Line Riding.
Numerous Pleas IN Abatement aud
Demurrers Oyerruled and TEN.
pcrary Order Made.
The Papers Sent 90 DcnIey County "a
Have tho cese TRIED on its
morlis~ OpsuiNns

AUSTIN, Tx, April gs--The fSmons
Goodnight Injunction case came M IN tho
district court Of Travis county, Judge
Walkcr IN chambers today. The suit
brought by the state, through Attorney.
General Tcmplcion, alleges that Good.
night had fenced In and nfaxpd cattle
upon about 100000 acres OF the school
landH 81 tho state and asks that he be re.
strained from fencing, llne.rldng or 9th.
erwise using the lands, and further, that
he be compelled to remove the fences ho
erected, etc.
Attorney-Goncra Templeton appears
for the state and Mai. w. M. Walton OF
Austin and q. A. Brown Of Clarendon for
the respondent.
The tlrst exception Of respondent was
In the nature OF plea IN abatement or a
plea OF privilege setting NJ tho respond
ent's right TO DO sued IN the county OF
his residence. This plea was oycrrulod
by the court, whoreupon the respondent
was heard upon plea setting up that no
value whatever had been laid MS to dam
age or OF the lands alleged TO be Illegally
used. Mai. Walton supported hia plea
Ia a strong argument, bHslng II maiuly on
tho constitutional limitation of iurisilo.
ton OF the district court 20 suits wherein
the value OF the matter IN controversy le
$500 or more, exclualve Of Interest.
Attorney General TeWpleton replied 10
the efftc' that every trespass included 81
Il by necessary Implication the idea Of
damages that courts took judicial cog.
iizance OF at all times, and hence, 81 was
not necessary 20 allcge value.
a demurrer was elso interpreted snb
alaHftullV sat ]. = Z.
Junction WAS an xtrnofdlhaiy process
aud could not be fesnrtcd to when tho
party applying Tor Il had law remedy, in
snort that the equity powers Of The court
could rot bs invoked whore the law M
fordod redress,
To this Col Templcton replied that
the law punished the crime Of arson, but
WIS that o reason why the court shonlA
not inierpose itH arm 10 etny the hand Of
the incendiaryY In support OF HIS view,
he cited authorities bearing upon the
question gt the bar
IT was also asked that the suit be absted
for non-ioinder OF parties, the plea set
ting forth tbatparto 81 the lands mentioned
In the application have been fenced by
persons for whom he, Goodnight, IL
agent, and that said parties are pecessa.
| rlly defendants In this Bnlt.
q. A. Brown, ESQ OF Clarendon, the
home attorney OF the respondent closed
the argument on Tho plea ~ abatement
and demurrer IN q strong presentation ~
his clients case, covering substantially
the grou0ds gone over by his associates
The following was substantially tho
ruling Of the court That the respond.
ent's pleas and exceptions be overfulcd,
and that a temporary writ Of injunc.
tlou be granted the state restrain.
Ing the respondent, Goodnight,
his agents, servants and employees
from building any additional fences on or
around any Of the lands described In the
bill, or from llno riding any Of the gaps in
said fences, orfrom herdipg or lonhc herd.
Ing caitleor other live stock on any OF paid
lads, or from the interfering vita the
free ingrcsH or cRrrsa OF cattle hclnDglne
20 other persons, or from The exercise Of
any affirmative act OF exclusive owner
ship, Iio further ordered that tho pa
pera be transmitted 20 the district court
OF Donloy county for trial upon the meriiR.
The court will meet In July next, at
which time the case win come up for
final hearing, and the temporary iajuno.
lion now granted Will be either perpct-
uat6d or dissolved
The Rist Of the legal aspect of the cnse
Is thi9i II Is held by these adopting
Go0dpight's view OF the case that She
land board In raising The lease price OF tho
school lands 10 cents assumed legisl1-
tive powcfs that do not belong 10 Il, and
thai th5 Law Of the legislature authoriz-
ing the i.cent rate ~ still operative,
The G-cent ruling OF the board 10 the
contrary Goodnight has rendered cents,
and Will not pay cents. Tho whole
case hangs ON the question 81 the power
OF the land board.
For the present tho county OF Donlcy
liz on top.