The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-19

f5oa ..cfoIt u - anu oIie SIanU 10 ~
of exclusive Jurisdiction over its thor
oughlares by the Legislature ipso facto
ousted the Jurisdiction of Travis coun-
ty over the highways recognized by
the city and included within the city
limits. Upon this subject our supreme
court has SAID: "The county court |
does, it is true, possess a general iuris-
diction, co. extensive with the limits |
of the county, to lay out and establish !
public roads and highways, but rs /
that jurisdiction is conferred 10y y set !
eral law which is applicable to
every county in the state, II is
at all times subject to I've
changed or modified by special laws,
acting upon the same subject in par.
ticular counties, or special localities,
though such change will not affect
the operation of the general law. eNs
cept in these particular localities,
which are intended to be taken ont ii
the rule.
Now the act incorporating the town
of Goliad, and giving to its countii
authority to lay out and improve the
public highways within the incorpora'
ton, is Il special law upon tho same
subject, co-eXtensive in its operation
with the limits of the town, and il
acted upon by the council its effect
must be to modify and repeal the gen
eral law upon thu subject, within
those limits, and to take from the
county court its jurisdiction over
roads and highways therein"
That the taxpayers Of the county at
large must pay the purchase price OF
said bridge can make no difference,
| The city of Austin is under obligation
by virtue of its exclusive jurisdiction
to maintain its highways, including
bridges, in safe condition for travel,
and when that duty is performed it
will inure to the benefit of every per-
son interested in it's performance.
The county of Travis bought the
bridge by virtue Of powers granted to
it as governmental agency and as
such continued to exercise it's juris
iiction over it until the Legislature
by the charter of the city Of Aus
Tin gave to the city sole jurisdic-
ton and control to the exclusion OF
other governmental instrumentalities
y III w lCdSUu VI IllO ClU,1
control over its public highways and
the power under its charter to raise
money to keep them in repair, and its
. acquiescence in the use of them by
the public it becomes bound to keep
them in safe condition.
Commissioners of Shawnee county
VS.. Topeka, 80 Kansas; Mechanics.
: burg vs.. Powers, 1877, 54 Illinois, "a.
3. In answer to your third and
fourth questions as to whether the
county can surrender and donate the
. property to the city, you are respect.
? fully advised that the jurisdictiel
and status OF the bridge being fixed by
law no act of surrender by the county
: could change it, except that if the
city expressly adopt the bridge il
will be an additional reason that il
should preserve it in repair
Your court would be unauthor
I'D to convey the fee to the
city because the county holds it in
trust for the people of the county who
have a right to its use as public free
bridge.
} Your fifth question, asking whether
the city or county is responsible fol
eeping the bridge in repair, is
answered under the third question
above.
9 1t may he that the county having
bought the bridge has right as al
incident OF ownership to see that tho
property is preserved, and in the even
of the failure of the city to maintain
> it in proper state, or its failure t.
! exercise It's jurisdiction over it,
! i he county has right to make such
= voluntary repairs as arc necessary tC
carry out the object of its purchase
In the case of the state VS.. Jones, Il
Tex, $50, it is said: "Until the town
: council acts under the authority con-
ferred by it's charter, the general
authority of the county court over the
; subject matter continues to exist, and
may be exercised, 1T is only when
Uoth bodies attempt to act in oppo'i
: ton to, and in conflict with each
other, that the power and authority
> of one must cease and yield to that o.
the other, and in such a state OF
things, am of the opinion that the
authority of the county court must
> yield to that of the town council.
Very respectfully, w. J. j. SMITH,
Office Assistant Attorney-Gener