The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-12-01
ANOTHER INJUNCTION.
AN ATTEMPT TO PREVENT THE EREC.
TON OF THE B0ULDIN BRIDGE.
Mr.. VIM. Spence Files Petition in Judge
Cochran's Court Asking That the Com
missioners be Restrained from APP
proving and Issuing Warrants.

AOotO1NoJ w Liz 6putO1hOJ
Mr.. d. II. Hewlett, Mr.. VIM. M.
Spence, for his own benefit and that
of all others similarly situated, who
may become parties to the suit by con-
tributing to the payment of the costs
in the case, filed with District Clerk
Jas. P. Hart OF the Twenty-sixth ju.
dicial district, asking that further
work on the new bridge over Bouldin's
creek on the San Antonio road. now
in course Of construction, be re-
strained.
The petition is as long as the moral
law and cities among other things the
new charter of the city of Austin
and in addition thereto every action
that has been taken by the city coun-
Gil of Austin and the commissioners
court of Travis county in relation to
the bridge. In conclusion it prays
that the county commissioners be re-
strained from approving any bills or
estimates for work done on the struct-
ure and also that the county clerk be
restrained from issuing any warrants
on the county treasurer on the
ground that to so spend the
funds of the county would be illegal
and unconstitutional. The petition
was presented to Judge Cochran who
endorsed the following order:
This petition was presented to me
at IL a. M. November %, and is set for
a hearing Saturday, December 8, at 8
o'clock. The clerk will issue notice to
the defendants.
The defendants named are County
Judge Won Rosenberg, and Commits
sioners Brown, Thorp, Pace and New
ming as forming the commissioners
court of Travis county.
COMMISSIONERS COURT.
The following taken from the min
utes of the commissioners court shows
what action was taken by that body
in the premises:
Estimate No. 2, from Mackin &
Weber, for work on the Bouldin
creek bridge, amounting to 81 ,020, was
offered for approval by the court.
Commissioner Newning moved to
approve the above estimate.
The presiding officer declared that
it was out of order 20 entertain the
above after having been notified by
counsel for Mr.. Spence that applica-
tion for injunction was fled with Dis
trict Judge Cochran appertaining to
the above subject.
Mr.. Newning appealed from the
decision OF the presiding officer.
One vote, Pace, for sustaining the
presiding officer, and two votes, New
ming and Thorp, against sustaining
the presiding officer.
Motion put and received two votes
yea, Thorp and Newning, and one
vote nay, Pace; carried.
1t is moved by Commissioner New.
ming that it appear of record that the
above resolution was passed at 11:45
q. M, Nov. 90, 1892, which motion was
carried by the above vote.
Commissioner Newning then offered
the following resolution:
IL is ordered that counsel be en-
ployed to defend the commissioners
court against the injunction on it
brought by w. M. Spence against
said court in connection with the
building of The Bouldin bridge, and
that Commissioners Thorp and Newn-
ing be appointed a committee to en-
ploy such counsel and fix their eom-
pensation.
The county judge held that the
above resolution was out of order on |
the ground that the suit was against
the commissioners as individuals and |
OF as the commissioners court of
ravis county.
Commissioner Newning then ap-
called from the decision |
of the presiding officer and the appeal
being sustained the resolution was
passed by the same vote as above
given.
During the course OF the day the
following order was passed:
Be it ordered, and it is hereby Or
dered by the commissioners court of
Travis county, that the county treas
urer be and is hereby ordered to
transfer from the general fuEd of said
county the sum of $4,000 to the road
and bridge fund.