The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-05-31

ment; that the said j. G. DeGress, long
prior to the said 9th day of December,
! 1887, and on that day and from that day
continually, down to the present time,
held, occupied and enjoyed the said lucra-
tive office for pay and profit, under the
authority of the said United States, an 1
then YVES, and now is, an officer of said
government of the United States, draw
ing pay and compensation, as above
stated, from said government.
Fifth-And in this connection the state
of Texas would further show that by the
constitution and laws of the state of
Texas the said DEGREES is Ineligible to
said Office, that by the act of the legisla-
ture of said state incorporating the said
city of Austin, approved April 5th, 1873,
and the acts ameDdatory thereof, it is pro-
vided by section l OF article of the
charter of said city, that "no person shall
be member of the city council unless he
be citizen of the state of Texas" and
that section II of article 16 of the con-
stitution of this state provides, that mo
member of congress or person holding
any Office of profit or trust under the
United States, or either of them, or under
any foreign pc yer, shall be eligible as a
member of the legislature or hold or exer-
else any office of profit or trusS under
this state" and that the said j. c. De-
Gress, as your informant is informed and
believes, Is not now, and never has been,
and in fact and law cannot become a citi-
zen of the state of Texas so long as he
belongs to the army of the Unit,d States
as aforesaid.
Sixth-That all the facts aforesaid show
| ing and constituting the inelligibility of
said DeGress TO said Office were before
and at the d tte of said election, and have
been continuously down to the present
time well known to the said voters who
voted for the said DeGress, and TO the said
| Degrees himself, and to the city council
through whose illegal acts the said De-
Gress intruded himself irto the said office
as aforesaid. That the acts of the said
voters of the said ward of the said city in
casting their votes for the said DEGREES
and his acts In Offering himself as a can
didate and intruding himself into said
Office, as aforesaid, were all unlawful acts,
prohibited by law, and the said facts con
corning the said DeGress holdiog the said
Office in the army of the United States
were fully known to the said
| DEGREES, the said voters and the said
city council before and at the time of and
since the said election. Notwithstanding
all of which, the said DeGress intrudes
himself into said office of alderman, as
aforesaid, which is an Office of great pub.
lie trust and has so intruded himself from
the date of his qualification thereto, as
aforesaid, down to the present time and
still does exercise the functions of said
Office.
Seventh-Premises considered the state
prays that the clerk of this court may be
directed to issue citation to the said j.
G. DeGress, who resides in the said city
of Austin and county of Travis, state of
Texas, to answer this information and to
show by what authority he pretends to
hold and use said office, and prays that on
a final trial hereof judgment of forfeiture
may be ordered against him, and also a
judgment ousting him from said Office
and in duty bouad will ever pray, cts,
JAMES H. ROBERTSON,
Dist. Atty, 26th judicial Dist, Texas.