The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-03
SEOUESTERED.
Mayor Male and Alderman Haig-
Ter Go on Snyder's Bond.
Thu Whole Question Will now Go
to the Courts for Final
Settlement.

The STATE OF TEXAS, Cont Merr5 ssrm
To the Honorable District Court of said county:
The board of trustees of the Austin pub
lie free schools, plaintiff, complaining OF
John NJ. Snyder, defendant, respectfully
represents,
First-That the said defendant is @
resident citizen of the county of Travis
state of Texas.
Secondhand heretofore, to-wit On
the I'd day of August, A. d., 1880, in &C.
cordsnce with "an act to further regulate
and render more efficient the maintenance
and management of the public free schools
and institutions of learning in cities and
towns in the state" approved April 3
A. D., 1879, the mayor of the city of Aus
| tin in the county of Travis, in the state
OF Texas, upon the written application of
not less than fifty of the qualified electors
of said city, ordered an election by the
qualified electors of said city to be held
on the 18th day of August, A. D., 1880,
aud TO be conducted as other municipal
elections to decide by majority of the
votes cast by the qualified electors of
said city at such election whether
said city should acquire exclu-
sive control of all of the
public free schools and institutions of
learning within its limits, and whether the
same should be under the control of a
board of trustees, as in said act mentioned,
or of the board of aldermen of said city.
Third-That said election was held, and
at said election it was decided that said
city had acquired the exclusive control of
said public free schools and institutions
Of learning, and that the same should be
under the management of n board of
trustees, and thereupon the mayor of said
city within ten days from the ascertain
ment of said result, ordered an election to
be held on the 20th day of September, A.
d. 1880, to be conducted us other munich
pal elections, by the qualified electors of
said city, OF six trustees, TO take charge of
and manage said public free schools and
institutions of learning; that said election
was held, and that at said election six
trustees were elected and duly qualified
and entered upon the discharge of the du-
ties of such trustees.
Fourth-That in pursuance of law the
successors of said trustees have been,
from time to time, elected, aud that said
board OF trustees now consists of A. p.
Woodbridge, X. M. Swearingen, j. M.
Little, Walter Tips, H.. T.
Fillmore and j. W. Graham, duly
elected trustees, and j. w. Maxwell county
superintendent of public instruction of
the said county of Travis, and Joseph
Male, mayor of the SAID city of Austin,
who are ex-Uflicio members of said board
of trustees, and all of whom are resident
citiz MS of the said city of Austin, in the
county of Travis, state of Texas; that the
said A. p. Z. Woodbridge is chairman aud
the said j. w. Graham is secretary, and
the said Walter Tips ia treasurer of the
said board of trustees, and that the said
board of trustees is duly organized ac-
cord,ng to law aud ia now actually exer-
cising exclusive control of said public free
schools and institutions of learning in the
said city of Austin, having its place Of
business in the said city of Austin and is
the plaintiff hereinbefore and hereinafter
mentioned.
Fifth-That heretofore to-wit: On the
10Th day of March, A. D., 1888, and long
before that time, the United States of
merica were the owners of the tract or
nrcel of land hereinafter described and
ere on said date and long before
the lawful and peaceable possession
thereof
Sixth-Thst on the 9th day of March,
A. D., 1888, by an act of the congress of
the United States of America approved
March B, A. D., 1888, entitled, "An act to
authorize the secretary of war to convey
to the city of Austin, Tex, tract OF land
in said city for educational purposes" it
was enacted: "That the secretary of war
be and he is hereby authorized to convey
TO tho city of Austin, in the s5ate of Texas,
for educational purposes, certain tract
or parcel of land known as the Arsenal
lot"
Seventh-That afterwards to wit: On the
10Th day of March, A. D., 1888, William @.
Eudcott, secretary of war, by his deed of
conveyance transferred the said arsenal
block to the city of Austin for the pur-
pose designated, etc., etc.
Eighth-That afterwards, to-wit: On the
2lst day of October, A. d., 1888, the deed
was delivered to the board of school trust
ees by the said William G. Endicott, etc.
Ninth-That afterwards, to-wit: On the
18th day of December, A. D., 1883, the
said defendant unlawfully entered upon
the said tract or parcel of land, elected
plaintiff therefrom, dispossessed it
thereof aud still unlawfully with
holds from plaintiff the possession
of the said tract or parcel of land to
plaintiff damaged $4,000; that the said
defendant has wrongfully and unlawfully
used aud occupied the said tract or parcel
u land and thr improvements situated
thereon continually since the said 18th
day OF December, A. ID. 1888, and has re-
ceived and enjoyed, and now receives and
enjoys, fruits, rents and revenues arising
therefrom, and that the use and occu
paucy of the said tact or parcel of land
aud the improvements thereon and the
| fruits, rents and revenues arising there
from are reasonably worth the sum of $2S
per mouth.
Tenth-That the said tract or parcel
of land SO unlawfully entt rec
upon and unlawfully withheld by
the said defendant from plaintiff
with the improvements thereon is of the
value OF $4,000, etc, etc, wherefore plain
tiff prays that the said defendant may be
cited to answer this petition according &c
law; that writ of sequestration be issued
to stquester said property; and thai
plaintiff have judgment against the sale
defendant for the recovery Of the title ant
possession of the said property; and that 4
| ko,a 80 Of pOasaaaiDn. and that nj a in