San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1894-08-01

| Vi II Ot DOl
in mind that under the plain Ian
guage of the act of 1894, the city
had power to issue its negotiable
bonds upon the terms there stated
for any lawful corporate purpose
under the control of the city. The
main body of section 43 has passed
through the several amendments
without material change. The
amendments have been intended
as Limitation upon the amount OF
bonds which could be issued for a
particular purpose rather than to
limit the purposes for which bonds
could be issued to two purposes. If
it had been intended to limit the
purposes to these two it would have
been useless to deny the city power
| to issue bonds for any but lawful
corporate purposes or in aid of
railroads and other undertakings
not under control of the city. If
such had been the intention these
parts of the section would surely
have been stricken out and the
purpose thus made clear.
If the Legislature intended to
limit the purposes for which bonds
could be issued to street improve
ments and sidewalk purposes what
necessity was there for declaring
that bonds should not be issued
for any purpose not connected
with the corporation and shouldnot
be issued in aid of railroad or
undertaking not under the
management and control of the
city?
Section A. declares that the
bonded debt of the city shall never
exceed s per cent of the total as
sessed value.
By section 46 the City council is
authorized to provide the city with
water, establish waterworks, etc.
By section 50 they are authorized
to erect market houses; by section
60, to construct bridges, culv erts,
sewers, etc.
1t is not probable that the Leg
islature while comforting all these
powers upon the city council of a
large and growing city like San An
tonic, with it's many and diversi-
fed wants, intended to limit the
purposes for which they can issue
bonds to the two purposes named
above. Therefore, if there is an
other construction that can fairly
be placed upon the language of Sec
tion that can fairly be place upon
the language of section 43,
which will conform to the
evident legislative intent and
give effect to the subsequent parts
of the act, that construction should
be adopted. We think there is. If
the first clause of section 43, viz:
"To borrow money on the credit OF
the city and issue bonds therefor"
be construed as comforting the
power on the city council to issue
bonds for city purposes and the
clause Immediately following, as a
limitation, not upon the purposes
for which the bonds can be issued,
but on the amount that can be is
su ed for the two named purposes,
that is for "street Improvements"
and Sidewalk purposes" we have
a construction which "harmon-
ICES all parts of the act and gives
sensible effect to EACH" and it is
thought that this is the construc-
.tion.
You are therefore advised that
in the opinion of this department
the City of San Antonio has
authority, under section 43 of her
charter, to issue bonds for the pur-
pose of constructing a system of
sewerage to be under the control Of
said city. The word "bond,"
as used in the charter, evil
IDENTIFY implies Interest bearing,
negottable(bonds.
City of Austin VS.. Male, 50 Texas
$40.
Hackett VS.. ottawa, U. S. Sc.
Ottawa VS.. Bank, 1O6 U. S. 345.
Very Respectfully,
Wy L. pNu,T,N-