Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-01-03

cmplory writ of nanlomus is an extra
| ord nary remedy 10 coercc the per
| torrance Of o pfe-eXi,tng duty or h
| elsar and specific legal right, and hence
| should be granted only where the duty
| or righl is clear and the facts upon which
T. Is based are disputed Tint such Il
| the law would seem to be well establish
! rl 10y the dcciions Of this and other
courts citing and quoting from a large
number of authorities.
We say, ihcfeforc. your honor. that
yon ought 10 pretermit these questions
ana stop right hrre, and sag that these
men, II they have q claim upon this sink
ing fund, u they have got a regular
dwtt upon this sinking fund signed by
the mayor and countcrsiged by the
secretary, they have a legal right to il.
II l1lt orlhr is legal, aud they can es-
lghush u m court Of law, In an or.
binary legt. proceeding aud get judy
ment against the treasurer and his
bOndsmen, therefore they should pur-
sue that tenedy and not call upon the
court IN summary aud pgremptory man.
her 10 deide these disputed questions.
A point Is suggested TO me by co.
counsel uDou which we have some
authorities, and that Is thar tn court
VIII not compel any officer hy m4ndnn "
20 make technical compliance with the
llw Wicro the spirit of the law Is COR.
irlry 20 The object sought. cite Merrill
see, Al on that We contend that the
whole mIrlt OF tho law Is contrary 10
ana agiinst the payment Of this money
9nt OF the sinking fund for this purpose
Ih0t Il IL set apart as a sacred fund
lhht the law Coutcmpatcs ii, In evpry
word AID syllable, and paragraph: that
contempr0ucOus legislation. both Ia tIr
tphSlllPtonul convention and In the
legsia!lre, Is TO the effect that this
lunI Y sacred fund. and shall not be
pNlu OFT for any other purpose than 10
redeeuthe bonds for which It is provided
ugu int mere technical co lplilncs
WIN 'ps clause of the charter viii NOT
ne compelled by mandamus. "A techni.
eau Compliance with a law contrary 10
lls snipt viii not be compelled hy tbis
WIiI Merrill, see. n, citing the
11iante 'gaimt Phillips county, ~ Kan,
Now, mhy It please tho court. nro.
coed "a discussion Of that branch Of
our dunurrers wherein we ps,prt Tine
hcre y no part of the city charter which
permits this sinking fund to be invpsirJ
IN lllGY redemption bonds. or bonds al
like character Va
The fcts are developed by the nedto,
mat pH sinking mud winch ii IL
nov sought TO draw upon wa,
Nulemhg set up1rl under ordi.
nnncos Of the time OF thie iss".
anee Of the several series Of bonds for
We purpose OF reiccming the principll Of
hese bends; that u was s0t np1rt untlnr
ihe requirements of the constitution nr
rrNns' because tho charter usrs the
uyntleil words OF the constitution In re-
Ny, I'iiii'ts " 70 pc sc' 0nort, and while II
WI nc said aud counsel viii dwell mn,
guesnqhahly upon that feature Of II
lnut ilDse same ordinances ptantc1 III |
CITY the right 20 invest this SINKING f,ni /
~ bonds Of the city of Fort Worth IN, /
INNher fact is stated thai this sjntjn,
una vas duly set apart and 4 now 4,
,nsf, Ne'Auls us a special d,- |
sgted from the other funds In tbe $3.50
~ the treasurer and has boon ciNtb'5
WIN an the characteristics Of n eneri,i
,lhNng nnd; aud IL * now souyl,f =,
raw tlat sinking fund Out of tbe ci,,.
treasury and hny the cty's bonds wbiei
ave heretofore been sold; to buv tbnr'
iaek aapn and substitute those bonds IN
,l5 use'Nuty Tor This special sinking fund
'nu Y appears those bonds which 49,
% thus substituted for tho monSy nv &c o
lPari IN the treasury for the rede5,tio,,
~ 'neee bonds, do NOT fall due until al
81 the maturity Of each and evcr,, ~,
u the bonds for which the sinkinc c,.,,,
vas provided. There is no cn,s,i,,
.pout that. lt Il true that there h
t9NlsDoR m tue redemption bond ora,
lAnoc ul9t the city may al M oh5i,,
seleein Those bonds after ten years ANA
nay, mereiore, they might take mn mr.,
nn9s eeiore the maturity Of the NM.
onas, Is tha' q diversiong IN examinine
lal question, ! take it we have rot Il
Nhmine the sections Of tho Inv a. 81,
pipose OF arriving az no infan, ~ ~
.k'slniueej for that Is the KEY. ne stat@
we writer's, 70 the INTERPRETATION on5
wv rNFnon OF every law. II hns ~,
'A,ed by the test-writers aud held nv IN
,lp'" maj where legislature nssso,
W.. one ~ direct conflict with anotbn.
's''u at inc same time, they both an,