Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-01-04


/ fact that II was tie intention of the leg.
4 stature In the passage OF section ~ OF
| the charter. that the city should have
/ the right to invest these funds. We say
1 the policy Of our laws leads in that direc-
l tion. and II seems TO me u is clearly the
I intention Of the legislature; and cite
one other decision. where Chief Justice
| Wheeler succino,ly states the rule: Con
ner ys. Vaughn. II Tex 800
ARGUMENT OF JUDGE STEDMAN.
After arguing at some longth upon the
points raised by the defendants special
dumurrcr4. Judge Stodmln reierra
section IS of the charter Of the City OF
Fort Worth and maintained that that
section has the same meaning as IL tue
word provided" had preceded the last
clause
Suppose that instead OF the last sen
tence we change the phrase aud say
Provided, however. that the city c0uu.
ell shall have power 10 invest, etc,
would anybody question that that would
be 0n exception 10 a general rulet And
is a law to be DESTROYED because OF the
omission Of the words provided how
ever when the sense is plain. Suppose
your honor Should become the custodian
Of fund belonging 10 a private indi-
yidunl with written instruction to pay
IL to no one except upon the order OF
The owner. and then following that, an
instruction 10 pay II upon the order of
Mr.. Chapman. No man would doubt lh'
meaning of that. No man wOuld say
You first suid that should not pay 1t
TO anybody, and now you say that |
chall pay ID 10 somebody No practical
man would have amy sort of difficulty
In solving That problem. Wlalr lac might
not be able 10 20 into o learned discussion
on The rules of construction, he would
Is..
anybody excerpt this man. That Is plain
~ ihc meaning OF the law, The rule OF
| law Is plain that the parts must b. con-
sdorcd together and that unless the
necessity Of the ease demands that some
part be rejected on account Of Tepug.
nance or Inconsistency, that The whole
shall stand. Now. this gentleman says this
] clause has meaning, to.wt That the
city may invest In bonds of that series
/ He SAYS in another place that whenever
l 1t invests In bonds. the bond Is pnid aud
| cancelled, OF course whenever tho city
/ lssucs u bond It Is bound TO pay that
/ bond, and " this law means only that
| you can purchase bonds Of that series,
| aud IL, to use his language, when YOU
/ bought IL you cxtinguishcd it, the lcgis.
l0turo was very foolish 10 nut IN anything
that wac so unnecessary; because the
/ city hau to pay II anyway. IL would be,
| 10 usc tho genueman's strong Language.
1 repeatedly used by him. absurd for the
I legislature to put in thcre q provision of
that sort for such q purpose as he sug-
/ grsts. 10 hlsans something else. Il
/ means that they may invest In any Of
these bonds: United States bonds, state
I bonds, county bonds, or bonds Of this
/ city.
Now, the gentleman seems to hover be.
+ tween two positions, You take part OF
ne argument, Won would think the whole
/ thing Nas unconstitutional. except that
] Tie city might buy is own bombs lie
makes an argument that the sinking fund
must be sacred and can not be invaded,
and YET In another part Of his argument
! he says yon might inycal in United Stntcs
! or county bonds or In CITY bonds OF the
came series, hut YOU could not invest In
other city bombs, II che sinking fund
may be- used for investment in United
States bonds, In state or county bonds
then the sinking fund does mean what
ne SAYS II means; It does MOI mean a
l iund that must hr preserved intact An
| u can be used for any purpose.
Now the meaning of The law Is, take
IT, ihnl this j. nn exception to general
rule' ''lio shall honor no drart''-that
w no drit for general purposes. and
| nothing that the city could do to divert
| i would be allowable. To divert means
" turn away from; TO change the course
on You divert the channel Of a stream;
You divert the course of tfadc-you dl.
vert trade 10y building railroad: van
| dlNert the course of the Trinity river bv
causing 1t TO 10 IN q different direction;
nut wlon ych invest this fund for the
very purpose of paying The bonds them
| selves, " you do thar as a strp in the
process of redemption, YOU ore doing
hothlhg lhvonsistent-yOu are making no
chNhgc YOU are merely pursuing tbe
| same line You are on the sninp road
nnNins IN view the same end, nancy,
mo preservation Of the fund 10 mesi
| the payment OF the debt far which Il
was created. And Il h said In ,bn VI
slssippl case t3S Am Dee, u. Li,1 ibat
me plainlih had The legal cnslodv OF n
| luhd ana was required to mnnHre IL
lpf we purpose OF subscribing partirulnr
enc, put ~ was not TO be diverted from
inat particular end, aud under thar mn.
,A s,, =. could % MANAGED IN no other
| way MAN by loaning H. and if thnt IL NM
| q. Inversion, ! Inquire how the mittIn .
OF nus fund into interest hearing bonds
OF the city can be diversion. II one
Is moi a diversion the other cnnnot he
diversion. The gentleman tells rs
IoPeNleuy that me exact language of
q saw must not be taken 10 tho desfrrl.
lion OF its spirit; that laws mtst nal be
literally construed II literal constrnctien
docs not comport with tho ,cefsinfuro,s
intent, Very well. The only thme nnoa
winch they, can have any SORT on Man.
Mpllly IN thcir construction Is "a STRAIGHT
nlVIn Sehs'rncton OF the word "roleem. "
ana shaI honor no drafts upon soid
tunt except 10 pay interest mon ar ny.
drrm said bonds Now, as 10 tho ,vo,.1
OF course in the original sense ure1c,n,i;
means TO buy back. Il came fran Ike
lueA thot when man executed a nort.
Ease az common law, he parted Win
ne iand, and he paid the money snd
bought back the Land. Ii 4 fr,S, y ~
llAtin, redimn TO obfoin a. ,,, w