Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-11

held on April 20. 1889, which is in words
ms follows.
IL Is ordered BY the court that the
application for an election on school tax
ga district No. ! be- accepted and np-
proved. and that nm election he held ON
the 2)th day Of April a. ID, lSN0 for
lne purpose Of voting - cents on me
SlD for such purposes. and tLat II. q.
Wray BE- appointed manager ~ elccuon
precinct No. I MT Rayner. and thot y. >.
Orr be appointed manager in preHnct
No. 2, NJ j. n Orr's iu district No j.
No order was entered by the com
missiOuers' cuu1 directing the sheriff
10 give notice Of such election. as re-
quircd by article 313j. but ON March 10,
lSSD. the county Judge Of Stonpwall
county issued the following notice:
school notice The state Of Texas,
county Of St0u,wall To whom Il may
concern. Notice Is Lereby given that
there viii be- held an election ON sat
urdny. the 2Oth day of April. lNS9, in
aud nc the residence Of j 81 Orr in SO'd
cOunty The polls IN said district will
De opened at ~ O'Clock ON said day for
the purpose uf determining whether Ur
not there shall BE- levied an annual tax
Of . mills ON the dollar for
school purposes. ns provided for 10y th
school purposes. Us provided for by tho
tAfiH ~ lllt HIttH|ui rfTfNIf'lI 'I Ailt IslAli-
trruth Legislature of the state
Seal, county court Sionrwall couutyl
tSigedl r. &. COOK.
County Judge"
On the back Of one of thcsc notices
was endorsed the following.
Game 70 hand March ~, 1880. and
executed hy posting and causing 90 bp
pusird Que copy 0i tlc within notice ut
ihp court house door and one copy 900
IFU ID
2lN day Of March. iNo9
lSigueli j. &. M'LAREN.
Sheriff"
II docs not appear what the result of
this elordOn WIS. but the commi-s uuers'
court levied the tax ns indicated loo the
order aud as no question is raised BOO
tie br'rtg ns tu this defect iu the state
mcnt Of facts 10 will hc assumed thut
Oh" result Of the election was iu favor
of making the levy.
Appellant rendered the amount OF
taxes due from him upon his valuation
boz cour and sought tu ouiOiu appellee
ns tax collector from collecting the roe
mu.ndpr of the taxes complained of iu
petition. This tpudor, however. did not
include lie % cents school tax iu pre-
cingt No. /.
The court below refused the uiuuc-
ton ns prayed for and from this iudg
meht this appeal p prosecuted
OPINION
BY the paragraph of the act OF March
20. 1870 / SlylpF civil statutes. article
lola, 30 is provided thHt "tho board of
equalization shall lave power 90 correct
amy error in the assessment of property
M my time before thp tax 's paid ON
.uid property and Boo Duck vs.. pcclur.
- VNus. Dos. it Us held that until
taxpayer h'a exhausted The legal
remedy thus given. the courts should re-.
FUSE Linn the equitable rcmpdy hy &c.
junction. and iu thut opinion it b. said
"Ihu is a hrDud statute aud covers
errors iu valuation us we'll as Nh others
aud again. 'thr petition falling tu show
that appellee lad bupu denied chs plain
remedy existing when this suit was
brought. or d no for some reason 10 was
Inadequate, was fatally defective and
should have hrcu so held" Appellant
Zoo his petition fails to nilcgr that hp had
applied 90 the commissioners court tu
correct the alleged irrcgularity and over
valuation complained OF by him. mud We
are oi a." opinion thnt II Il be- con.
coded that the proceedings of the bpnrd
pi equalization were irregular and that
the proper notice was not given npupl-
ulnI or ms agents, vet appellant WIS
provided nN mis- statute with m AIDE
quite legal remedy iO correct yuch errors
und II hu iu.lUd Ip avail himself Al nrpnr
iht iQunctiou prayed Tor 10y him wns
correctly dculrl H. however. the nr,
rFdlhgs ul thh board were rcgulur nuI
the notice sufficient then M, action nf
the board was final aud npurllnut's pp.
uloh slowed that hr was without
rcmcdy uud the injunction for This rem.
son was correctly denied. iu so far H4
u was sought ON account or th, irregu.
lar nssrs'mrut of his property. Duck
W.. Pcrlur supra
Appellant contends Tint after tine first
Monday 300 October 1854. mono of An.
ruWWHsnuur- courts lind the mower 10
nlNllv Their counties into school djs
I1'w. The part of article 3TW. .
NaNlrs civil statutes, relied UNION to
sustain rms contension. is ns follows.
'lt shall Doe the duty of the county
commissioner court of an counties moi
exempted IroW This snrtinu 10 suhdiyidp
Their respective counties into two 4,hpnI
districts 10 least one month before the
hrt Monday IN October, 1891"
tn sutherland ON statutory coustruc-
ton, section Az II Is said:
Provisions regulating The duties of
public officers and specifying thp time
Tor their performance, arr iu thut r,-
gard generally directory. Though II
statute directs anything IN Ice done nj
a pWuculur time, 10 does not necessarily
follow TINT 10 may not he dour afterwurd
lu other words ~ the eases universally
hold, stututr specifying u time within
which a public officer Is TO perform n
FINAL act regarding the rights and duties
OF others IS directory unless the nature
OF the act To hc performed, on the
phrasrology of the statute tx sucl thnt
the designation of time must hc con.
adcrcd as q limitation of the power of
the otlcrr,' and again in section 100
Tho assessors of q school district were