Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-01-04
THE MANDAMUS CASE
HAS NOW nEEN ARGUED by
BOTH SIDES.
IT is UNDER AMUSEMENT.
What tho City's case is ms Presented
By Judge stedman aud City
Attorney Tcmpleton.

May Il please the court counsel for the
defendant prefaccd lis remarks unon this
argument with the statement that the
city treasurer Is DESTROYS Of having
speedy hearing und litigation Of this mat
ter, so that he may know what lis due
Is IN the premises The argument Of
COUNSEL further on discoses the fact that
tho city treasurer wants Blair n 90. to
CONE into this litigation aud bring suit
IN INV 20 enforce he payment of this
money upon these drafts Now. your
honor II Blair & Go. should come into
court aud stok TO deliver these bonds and
recover from Mr., Elser the money stated
in the face Of these drafts, the suit might
probably drag its weary length through
the course Of a year or two,
The Courtl understand that counsel
FOR the defendant takes the position that
II IN fact ard in. truth the city Is not en-
titled to maintain this action by reason of
tie fact that II Is not proper party,
then 1t would be delaying matters II this
ease should he here tried and have TO 80
10 the supreme eourt to decide that luos-
ton, and be thrown back by thnt decision
towhcrc we were before we started,
Capt Ball-Tlat is lust my position.
your honor; that Il would 20 of ON that
question and we would never get to the
true ncrits,
Mr. Templcon -Now, your honor, we
think the FIRST demurrer IN this case ia not
well taken, We think the city OF Fort
Worth ia the proper plaintiff Ia this suit: i.
| that it Is seeking by this petition to on
force a public duty; that the injury that
would arise from tho failure 20 transfer
| these funds Is an injury TO The citRrns of
| Fort Worth, and the clty COMES, "a ia
| sovereign capacity. and seeks, ns Il had
n right 10 do, In my humble opinions 10
/ enforce the orders Of its city council by
the proceeding Of mnndamns. Now the
| whole glst aud the whole substance Of tho
| nlainhn'H petition In this ease Il that
| there y a large sum Of money lying idlu
| IN the hands OF the treasurer of the city
| of Bort Worth, which tie city In behalf
of It's citizens Is seeking 10 invcst That
| money, tlion. N lying idlc Ia the hands Of
| the city treasurer when under the law IL
| might be bearing interest, aud IN this con-
1 nectOn | call your honnr's attention to
The resolution Of the council ordering tho
| transfer of this fund Now, nv | stated.
| the very gist OF our petition IL that there
WINS lying idle Nv the hnnds OF the city
! treasurer lnrge suma Of money which tho
/
seeking 10 invest for that fund and and
/ TINT Ii hns ordered tlc city treasurer to
| do certain things, which he hns refused 10
| do, Counsel mike the point that our PEE
tition does not disclose upon IT'S face That
| Tie city of Fort Worth has suffered an
injury. ] undertake TO say that the fact
| that The city Is injured by the refusal of
the city treasurer TO honor these drafts
y ms apparent upon the face OF our petit
| ti0n MS VI II were oNnrpsacd In so many
/ / Ia slun
| tie Facts stated IN the petition show that
the city has suffered Injury aud Is suffer-
| ing injury thai II Should ho stated In 30
many words. The Injury results 10 the city
from the failure 10 invest these funds.
N these funds are put Mt interest u will
| lessen The burden Of the taxpayer at
! least per cent on The amount of this
money that " sought 10 be invested. Now,
tLey seek % invest In this Instance about
| SiOOGU. If the city can get q per cent
interest on that money, az It IL seeking TO
| do In this cnse by this investment, and
has failed and Will fail TO get that inter
est by the failure Of the Treasurer TO
/ trnnsfer These funds. then tho city IN
damaged TO that extent; and TINT clearly
| appears upon the fnce Of the pctitlon
| Counsel has read a case from - Wis
consul, where draft had been drawn
upon the city treasurer 10. favor Of con-
| tractor. The court said that In that ease
mnndnmus could not be maintained, The
| city was not seeking 10 enforce n public
| duty. Now we have discovered In 81
! Michigan, page &C. ease upon this Quea-
| ton. the Board Of Educntion Of Port
| Huron against Ilunnels, city treasurer.
which. supports the position we take,
Counsel ask w to have Blair & Go.
made Il party plaintiff In this suit: Why.
| your honor, do not SEQ how Blair a Go.
could come In here by lnnndnmus and
compel the treasurer Of The city Of Fort
| Worth 10 transfer Hose bonds. Blair Il
Co have made Contract with the city
| of Fort Worth The city il 20 deliver
| them certain funds and they ARE TO turn
over to the city certain bonds. How
could they as parties plaintiffs come Into
| ihls suit, and by manluinus force the city
| treasurer to do what we are seeking to
force him 10 do IN this suit2 Tho Wis
c0nsin case that was read by counsel
stated that whom draft was drawn and
was presented. then the city had no more
| control over H. Our city charter provldeg
"tbat tho treasurer OF said city shall
receive md securely keen ull moneys be-
| longing 10 said city, and mako all pay
| ments from the same upon the order OF
| the mayor nltesicd hy the SECRETARY,
under the seal Of the city; provided that
no order shall be paid unless u shall show
| on its face TINT the city council hnA d.
rected ita issuance and for what pur-
pose" Now, your honor, the Wisconsin
| case could not Apply IN this case IL K
| dld, then the city Of Fort Worth could
never reach Ia funds. The city Of Fort
Worth has got TO draw draft; Il haa got
! 10 state III il face for what It Il drawn,
| and has got 70 show that u was ordered
by the city council. Tho only way that
ment Is by doing as they have done In