The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-01-23
.HOUSTON'S PAVING SUITS.
Storrie rs. Cortes to Go to the State
Supreme Court.
GALVESTON UNION DEPOT MATTER
Compromise rs to the Use of The Strand
Heavy Exports of Grain-Muss Re.
fus. d Continuance.

VS. II. ". Cortes ct al. from Harris count
and further ordering that questions the. e.
in DO certified to the supreme court.
This is a case growing out of the decision
OF the supreme court In the famous
Bords ges-Higgins case. In which It was
held that paving assessments did not
create lien upon homestead property and
that such property can not be subjected
to foreclosure for assess ments Of that char
acter.
The suit first mentioned and which is
| now referred to the supreme court II one
in which Storris is the plaintiff and Cortes
and wife are the defendants. and has for
It's object the enforcement of a lien. based
upon paving assessments pursuant to the
charter Of the city OF Houston. The nett
tion In the ase alleged that the city had
ever since the adoption Of the present con-
stitution of Texas been operated under a
charter. complying with such constitution.
and that upon May 3. isSa. a resolution
was regularly adopted by the city council
declaring the Improvement in question
necessary for publ, interest. and pro-
|
save at intersections, should he defra,,d
according to the rule OF npportionment
provided in the charter. by the owners
| OF the property abutting upon such irl-
proved streets. which sum It. was declared
should be a tax and charge against the
AUDITING owners and lien and
| incumhrance upon the land itself. that
| af ,Inr
| into contract with one NJ. Butler on
June Is, 1889, and Butler contracted to
construct such improvements, the city
| agreeing to pay him for improvements in
| front of abutung owners In Improvement
certificates, the cost to be betrayed by
ahuttlng owners including homestead as
well as non-homestoad property. same to
constitute n tax against the owners and
a Hen upon the land itself That said
| contract was with the consent Of the couu-
| ell transferred to the Houston Improve
ment company. which company faithfully
made such improvements. and that inn
| provemsn certificates were from time to
time issued. among which was one for
s5iS.4l against the property of Cortes and
and WIFE payable In five annual install
ments. the Inst maturing three of which
| are still unpaid, that such certificate with
others were July assigned to plaintiff
| Then the case OF the City of Galveston
vs.. Lnfkin, wherein the paving assess
| nients We're neld to be lien against the
homestead property, Is cited. and the
! plaintiff AYERS that he should not he pre-.
Guided from enforcing his lien against the
defendants property because the supreme
court had in the case OF Bordages held to a
contrary opinion, the Contractors ard
plaut!ft having entered into such contract
and taken the proceedings mentioned
Hereunder upon the faith OF such decision
of the Lufkin case.
For this reason the plaintiff asks that
his lien be enforced against the property
Of Cortes and wife. 1t ls Understood that
storrie has about s1oo, 900 OF these improve
ment certificates, and the case mentioned
is to test the question as to whether or not
his lien may be enforced, regardless of the
decision In the Higgins Bordages case.
THE DEPOT MATTER.
The matter of building a new union
depot. which has so occupied the minds
Of Galvestonians for a LONG while will
he definitely determined If the councn
takes such action at the adjourned meet
ing tomorrow evening as Is generally an
ticipated. There was n great deal of ditii-
Guilty experienced in securing the desired
property for the site, on account Of the
high price demanded for some OF II. ana
after this had been accomplished. The
difficulty Of obtaining right-of-way over
streets for the railroad tracks IN order
that the site might be utilized operated
as another barrier. The matter has boon
before the council two or three times and
there have been several conferences be-
tween officials of the Santa Fe railroad
and members of the council. but there
were differences I'm regard to the use OF
Strand street, which Il seemed difficult
TO harmonlze. The Santa Zee, as has
heretofore been stated. wanted the ex-
elusive right to the usa OF the street and
the privilege of delcgatlEg the right to
other railroad companies The council
wanted TO give the right to all railroads
alike. The compromise which has noen
partially agreed TO and which the council
is expected to rdtify, grants the right 10
the Santa Fe company with the under.
Standing that 81 shall apply to all other
roads after n certain time, that Ia. after
the Uniol Depot company shall have been
organized and the depot buildings con-
structed and ready for use. II this agree.
ment IL rhtiTIcd, WORK on tho union depot
building is expected TO begin ~ soon rs
possible.
GALNESTON'S GRAIN BUSINESS.
Notwithstanding the action OF the rail-
road companies In increasing the rate on
grain from the West to Galveston tor
local consumption and for export. the
receipts continue to be quite large ana
VIII be so for some time TO come. This
Is not due TO the fact that the Western
shippers Will pay the higher rate rather
than ship TO the Atlantic states MS form
cry. but 20 the fact that engagements
for large quantities OF grain had been
made before the increased rates went into
effect, Galveston has already shipped
nbout 100000 bushels OF corn this season,
which furnished cargo for thirty-three
ships. There II something over i.ooO.coJ
bushels now here, leading or to be loaded,
of which 10000 bushels are In the sGaivcs-
ton Wharf companys elevator and 100000
bushes in cars not yet unloaded. There
are geVeral vessels at the elevator wharf
loading, ana MS fast os one gets out an
other takes place. The grain to cone.
for which contracts have already been
made viii probably foot 3,ooo,OOo making