Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-12-16
'ELSER'S
REASON
GIVEN.


10 lfONlut " oTbluhAtt hpANAAA thf4NH
for special purposes aud make the same
lisbuisable ouly Tor tho purposes i0i
which the fund was created, and any ON.
Ger Of the city Incorporating SAID
special fund shall be deemed gully OF
nla.fensance IN Office, and shall On com,
plant Of anyone Interested in said fund
40 misupprUpriated he removed from
oiiice by the council and be incapable
thereafter to hold any Office Of said city.
We conclude. therefore, that the clause
In question which permits the conversion
b. the city Of It's einking fund into It's
own bonds Is merely subsidiary pro
vision which Is directly ia conflict with
other portions Of the section in which it
Is contained. and with the general pur-
pose Of said section, and Is also hostile
90 and inconsistent with c0ntemp0ranr0us
legislation contained ia the other PRO
visions OF Tie special charter OF the cityi
aud that being Incompatible with said
other portions Of said section and the
general purpose thereof, and not in ac-
cord with said other contcmporaneous
provisions Of the same act, II must fan
altogether, unless the language of said
clause can be 80 construed and Interpreted
that Ii will harmonic with such other
portions Of said charter or act.
Aud here, recognizing the rule OF con-
e;ructiOn, ntres magis vnlcut guam
pereat, that statute, ana overy part
thereof, may rather have effect than be
destroyed tEndllch Oh Interpretation OF
Statutes sec. 2n9l' ana Tue lhFther rue
mat thr general intent Of statule nav
ing been clearly asceraincd, words or
phra2es may be expanded or limited IN
order 10 make them accord with that
intent lSoutherland sec. 2lSl, the qnos-
ton arises; Can tho language Of said
clause which permits tile sinking. fund
70 Ne invested IN bonds Of Inc ciV. OF
Fort Worth be 30 construed or limited
as to hnrinOnlze with the other norton.
OF ehld section aud tue other provisions
Of me charterf
we nave seen mat 10 permit inc conn-
oil TO invest the sinklng fund in bonds of
me cily' oil the character indicated hy tie
resolution In question, would bc contrary
both TO the spirit and Tenor of the char.
ter. Nov ~ ihero any character Of
bonds OF the city OF turt Worth I'm
winch tue sinking iunh might he Invested
without impnrinF or destroying the
security ui lne bnndhollrrN, or doing
violence TO- the requirements that the
said fund shall not be- diyericdY
we know OF hgit one way and that il
my constituting sNid clause 90 refer ~ city
nnhgs oi tnc sumo series which tho sink
ing Iuhd IL provided FOR
We can NOT but conclude that " the
NEislAt9re meant anything by THIS pro.
VISION " meant that the sinking fund
winch mas been provided for the redcmp.
non OF any gwen Issue OF bonds, might
&c 9sed Tor the purpose Of retiring said
pon9s bolore their maturity; that the
hohus OF tue Guy VI Fort Worth retcrred
49,, were W pe s,lch ponls as the sink
dvertng the fund.- namely the same
NnhIs wllgh sald sinking fund was ere
Nlcil 10 fedeom.
To hold that this fund can be- used for
Ine purpose oil purchasing these redemp-
,en u1hl7, hr ~ proposed ~ the report
q 'ue committee n 10 nullliy and rem
der non-etcctive all the provisions Of the
charter which wore made for the pur-
qo.e ul providing for tile payment of the
indebtedness OF the city, and keeping
the sinking iund intact; for II nppeard
t W. muse SAME fedCnpti9n bonds do not
lnntuIv nhu can not he collected from the
city until the year A. ID. lO.a. md long
long uiicr, che bonds Tor WhiUh the fund
Z provided has mnturcd, so that when these
p1nl7 shall haNc maiurcd aud are pre-.
srHi'u l9 we Guy Tor redemption, the
,,H WI % lendored Instead vi the
money Tor which The faith Of tho ciy
Stands eacrcdy pledged. another bou,l
OF the city, .wbsoh Is not even due.
Is u to be- prcmmcd that The lcqls.
lllnre intended sncl an alNurdiry2 TIat
" was the purpose OF the lNW-mal,lnr
PuMor 10 permit the city council to work
rpeh 2 gross injustice aud fraud anon
Che ciiy's creditors2 An eminent writor
nlon inc construction Of statutes saws,
The legislature can srareely BE- supposed
5hnt tho presumption against abnriIiv
rs lhe most powerful guide 10 the proncr
conjunction Of law. Q,ndllch on M
VI Slala.' see' 2Gll
~ lNc supreme court Of Illinois holds IN
itrA county w. Jefferson county. III
~ Slh That when 10 follow the worts
VI W enactment would lead to an ab
tnrdity as @ its consequences. that con.
tuluies sufficient authority 10 ma Ia.
Mrpre'cr 70 depart from ihcm. The an.
PRONE court Of Louisiana held tbnt where
lle close Interpretation OF looseiv
Nluenued enactment would lead Ia c,i;.
%luehres 80 dangerous and absurd ann
lhE enuld never have boon lntendoI
thAt the construction MIGHT bn d-N.'',
from other analogous nrovislons I,.1Mn
", hourgo, 10 La. Ann, l2a1
Conforming 90 this rrle. yre apa .,,..
me consequences Of permitting liza gi,b
Ing fund 70 he eulstituted IKE H. s'n ~.
dgnption bonds would 10 In effa,t y, , ~
rletcly destroy The sinliny fonj ~ sHlu'
u ont of existence; Tint In n.y. M,
nrtlon would amount 10 a Virtual ..', .vln
flun OF tho bonded dcbf n tL. NF"uiA'
ne sinking FIND, which is nro,iTSi ssor
the redemption Of hnsn 49,, pFuNIucu ior
bonds, could also, under tba si ine'nlpuon
fit0n, he invested IN other hn,'Hs plopo-
city, aud 80 ON ad ln5lf,rr a,,1 we
hniiun. without ever pretcn,,i,t.N "a "
any provision for The ns,,r,a,,, nuke
bonds "' Vi any
Looking from tboss obs,,.,
Ecrous results 10 the oihcr ,,, ani uan.
The charter we find tho nnrbos N'i hon,t OF