The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-01-19
IT is ALL RIGHT
WE HAVE RECEIVED A LITTLE SET
BACK IN THE DAM PROJECT
But It Is Only Question Of Delay.-The
Victory Is Coming Sure and Then Our
Rejoicing Will Be All the
Greater.

To the uninitiated in the mysteries
of the law decision, however little
adverse to their hopes, when given
by a hig her court carries to their souls
the utmost CONSERVATION. So 1t has
been thought may be the case with
our people because OF tho Dam bond
decision given yesterday by the court
of civil appeals. But let us see If there
is any cause of alarm. The decision
in full will be found elsewhere in this
issue of the STATESMAN. and briefly
analysed what does ii mean?
Read it carefully and you will
see that on every allegation of law the
city is sustained and that the reversal
is only on questions of fact. Now, it
must be borne in mind that this case
was carried up on an appeal on a de-
murrer and not as case tried on its
merits in the courts below. Now, In
case of such demurrer the defendant
let's the plaintiff allege just " hat he
pleases, permits him to say anything
and then admitting for the sake of ar
gument that all said is true, the de
fendant says you have not enough to
make out your case. This was the
condition of affairs in this dam suit.
Austin let the plaintiffs string out
their petition to infinite length and
then declared they had not made
out their case and submitted
the city's case ON questions of law.
The decision this morning shows how
all the questions of law were sus-
tanned for the city; but two of such
questions were affected by matters of
fact, and over these the court ON a de-
murer having no Jurisdiction the case
was sent back for a trial before a
lower court or jury on such facts.
These two facts, as stated in decision,
are as to the sale of bonds below par
and secondly as to the true purpose of
issuing the bonds.
SALE OF BONDS.
Now as to the first, after a long ar
gument of the question presented, the
court concludes as follows:
"And if as fact the people did not
at the time of the vote authorizing the
issuance of the bonds require them to
be sold at par as condition of their
issuance, or such condition was not
by the terms of the ordinance submit
ting the question to them, presented
in such way as to become part of
hA xxyh nj ho q
should be Issued, then the fact that
they were to be sold at par would not
be part of the contract under which
they were issued and they could be
disposed of by the council for less
than their face value, if fairly DONE"
That the people did not at the time
they voted on the bond issuance re-
quire the bonds to be sold at par, Can
be very we'll seen from the following
election ordinance under which the
vote was taken and which by order of
the city council was kept standing in
The STATESMAN for thirty days be-
fore the election:
ELECTION ORDINANCE.
An ordinance ordering an election
to obtain the consent of the property
tax. paying qualified voters ii the city
of Austin to the extension by the city
council of the bonded Indebtedness of
the city of Austin for the pOrpose of
constructing system OF water works
and furnishing lights for the city of
Austin.
Sect. 1. Be it ordained by the city
council of the city of Austin, that an
election be and the same is hereby
ordered and directed to be held in the
city of A ustin on Monday, the 5th
day of May, A. d. 1890, from 8 q. m.
until sunset, for the purpose of obtain
ing the consent of twO-thirds of the
qualified voters of the city of Austin,
who pay taxes on property in said
city to an extension of the bonded
debt of the city in the sum of 81, AGO.
900 beyond the existing bonded in
debtedness of $l25, 900, for the purpose
of constructing system of water
works, and to furnish light for the
citizens thereof.
Sec. 2. That the mayor shall issue
his proclamation giving notice of said
election and of the object thereof and
OF the time and place of holding the
same for at least thirty days before the
dsy of said election.
Sec. 8. That all qualified voters of
the city of Austin who pay taxes on
property in said city shall be entitled
to vote at said election.
Sec. 4. The polls of said election
shall BE- open in the several wards of
the city at the following named places
and the following named persons are
hereby appointed judges of said cleo
tion for their respective wards.
4 X
Sec 5. That the ballots to be used
at said election shall be printed and
furnished by the city of Austin as is
now provided by ordinances; and each
ballot shall have printed thereon the
following, tO.wit:
In favor of extending the bonded
debt of the City of Austin in the sum
of One million and four hundred
thousand dollars for the purpose of
building water works and furnishing
light for the city.
Against the proposed extension of
the bonded deot of the city.