Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-27
THE MALE CASE.
Why Austin Gould Levy the
Special Tax.
GENERAL IMPROVEMENTS
Included Providing Water and Light for the
Citizens.
How The Supreme oourl Obtained Jurisdiction
in the case-RulinU In Regard 10
the Civil APPsas Courts.
Finding by The
Judges.

/ o., May 2O,-tspecial.) 1.-THE
81 "taGy msI, FED the following de.
from Travis, - '''y comes before the
court on writ Of ei.ir to the court of
civil appeals for the Third district In
the district court Of Travis county Joseph
Male for himself and others sought by
INJUNCTION to restrain tht levy and col
lection of tax 10 raise money to nav
interest on and provide sinking fund
for the final payment of cernin bonds
issued by the city for the purpose Of
obtaining money to build a dam across
the Colorado river and to further provide
complete system of works for the sun.
ply of water and lights for the CITY A
general demurrer to the petition was sus.
tanned in the district court which judg.
ment was reversed and remanded by the
court of civil appeals for the Third dis.
trict
The first question to determine is. has
this court iurisdictiony The Judgment
of the court of civil appeals being one
which reversed the Judgment of the
trial court aud remanded the cause this
court has no power to review II unless it
comes under some one Of the eight e1.
ceptions specified In article 1O11 a, which
wns made part of the Revised Statutes
by act approved April IL, 1892. As
originally presented 1t Is not claimed that
1t comes under any one Of these excep.
tons or that the disposition of il 'prac.
ticaliy settles the case" But 1t is in-
sisted that the questions which arose In
the case after IL reached the appellate
court and which grew out of the sup.
posed disqualification of one of the Judges
involve the construction of the cOnstltu
tion of the state and that therefore this
court has jurisdiction TO review the entire
case. That the legality of the court az
composed of two members involves the
construction of the constitution there Is
no doubt but whether the legislature in
tended to confer Jurisdiction upon fills
court when such question did not arise
upon the merits of the case but ont of
some matter Of procedure Of the court
of civil appeals Is not 80 easy TO decide.
Questions of procedure arise from the be-
ginning of trinl AMI affect the result
When such question has been enormously
HV'' r'.o ~ ~ VN ',rt ' onnnais ,"" II
MAJ cnnr, shaI afsrr, tbo indgront nnt.
withstunding such error, this court IN a
cHs' III WuiCl 'nnl vp"i, 'VuE lil,lhlt. y,
not uhuuc nhN', Mou'u nafe Ju'ls,'lvti i
70 reylse such error, e. 'iso a. gutst, ,,.,
OF ploS,euute may S"lllk W ~ q ,uui ~.
OF c'tll Hp,etIS. i'' uH" ,',I t'ir p1.1.
W. va, to ,riSi canrt has mo-, henn nronrrly
vi !ur t''', I'm w." IN ~ ,ii i,,,,
ass,gheu lN II cohtehIeu lnul illS v3ult
could nor pass upon tnis question Wheh
properly Pre,enteu hu' ulu 1 -
there between suSh ,lse anu tIe ohu
at inc par u rue JulEheht huu urrn
affirmed and tlls question hau u'rl pre.
senleu We WouIi nnNe p,FH tuuil,'lru 10
ueclue II w tn'iA ,i,nt y, ~ ,'J ~
construction Of the constitution ana that
II comes him tue second exception 10
the article above rted.
The next question y, was duuse hey
disqnalitedf IL was held that hecause
he was property owner IN the cry OF
Austin that ne WIS u'sluaiilith' ~ -
not necessary 70 lerlde wn ne sec,ln ,i
OF ne act o. AlrI - e. " y, ~ H.
hict with section IL OF article OF lne
constitution rs recently alneuued' we
think that Judge hey was Interested IN
the case aud was prohibited from sltung
by section IL OF Afucie OF thP coh-
slitution since he owned property IN the
city subject to the tax, which was Sought
to be enjoined- 10 Ia. ~
II is further insisted that u ,iudFs icy heS
is disqualified. the two relnalnins )u' M.
did not constitute a Lawful e9nrl' =, NV nv
contention that nnaer sec'l"h ho, 4 og oa
article . Of the constitution wnen "9 l.,
member Of the court OF clfil apFais y
disqualified the fact should 3e gyT' ,h,u
to the governor ana that ne Ano'uu 'n''
appoint q special Judge ..,,,a Ao,r;n,
There Is still another question ~ a. ~, ~,
upon this paase OF me rssr au G 5" any
| the right Of any TWO menus VI Jn ~,
court Of civil appeals 10 now y ss 49,.
when the other Is absent IRON any vluS Z
whatever. Sections ana : o. arn ,.',, %
Of the constitution relate 70 KY Suprai,is
court aud the court OF crlmln9l hPp ,1aiI
| and presrribes how many Juusss ,sS I'M,
constitute quorum IN esch OF h nj"
courts, but section y when rela'es 10 W
court Of civil appeals - silent as W a u.o.
rum, The failure 90 provide lhnt wv MI tv.i,
bers Of court Of civil appeAis sn .9,,n.,
make a quorum strongly teG 20 ,b \" e co,,rt
the Intention that every cas- n h nm 'S Sac'
should be decided by a fnh behen. ~ ~