El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-02
THE TAX CASE.
EXTRACTS FROM THE BRIEFS
FILED IN THE CASE,
Shaving the Issues Raised in Regard
to the City's Right to Assume
Control of the Public Schools.

The report of the decision of the
court of appeals in regard to the iu-
validity of the school and sewer tax, as
appeared yesterday exclusively in the
HERALD, has Occa Toned much COM
meut in our community, and people are
wondering where we are at. The
HERALD quotes at length from the
material points of the briefs filed in the
tax cases, to show the issues before the
court, and to explain the rulings made
therein.
FACTS IN THIS CASE.
On March Is, 1882 the city council of
Ell PasO at reqnes5 of a petition sign
ed by twenty properly tax payers of
said city, asking the council to orc err
an elect on to provide for the sssump-
ton by the city of the control of the
public schools in its lin It's, passed or-
dinapce ordering al election for an
purpose to be held on A pril 1882. A n
election was duly held at which only
the property tax payers vot d. ord sf-
ter proper notice of elect on had been
given. On April Sth, the council can
vassed the returns. and de-
clared that the election
had resulted in favor OF the city as
suming co 1frol of it's schools by more
than two.thirds of the property tax
payers voting at such election. In ose
ward no vote was cast and only thirty
fOurvuteS were cast in all.
On March 10 1888 the city council at
q SD C; al session orrereG an election to
be held on March 81 1888 tn determine
W neither or not, there sbOulds be levi
81 on the to xable property in the city
limits such a tax not to exceed one
half of one ger cent, in addition to the
pro rata of the additional school fund
eceived ON the state, IS may be ne
cesssry to conduct the pub ic schools
for t. N mouths in the year.
An electic II was duly held, after the
mayor had given proper notice, ard
at which none but property tax payers
On April 4, 1888, the city coun
Gil canvassed the returns. The first
ward cast, for-twenty-eight votes
against four votes. Second ward-fOr
votes against four votes.
Third ward for-ifty-tw votes aud none
against. Total, for-144 votes; agaicst,
votes. Thereupon the city council
declared that the proposition to levy
one half of one per cent for n al o tain
been carried by the requisite majority
to make the tax lega'. On March 4,
1897, the city council a mended the min
nutes of April 4. 1882, TO shown the
facts of said election.
On April %, 1886, the city council
ordered an election to be held on May
IL, 1856, to determine whether the city
should issue $40, 600 in bonds. An
election was held Hereunder, after due
proclamation, and at which only pro-
perty tax payers voted, and the pro-
thirds majority. On March %, 1887,
the city council determined by Or
dinance that the bonds should be used
for constructing sewers, and should be ar
per. cent interest, I'D shOu run for
twenty years, with the privilege of
them after ten years, and
provided for a sinking fund TO pay in
terest and to redeem the bonds.
On January Is, 1890, the city council
tho issuance of $40, 900 in pub
lie srhool bonds, which had been au-
thor liz by an election of the voters
previously ha'. These bonds bore 6
per cent interest. and matured thirty
years AFT. II date. An ordinance pre-
v ded for the creation of sinking
fund, to pay at least 2 per cent of the
bonds annually and interest. Both the
sewer bonds and the school bonds have
been issued aud sold.
On January 25, 1890, the city council
an election to determine,
of $780, 900, should be issued end sold for
the purpose of funding the floating in
debtedness. The ele ctiop resulted in
favor of the issuance of the bonds, and
it was held after due notice, and was
participated in by the property tax
layers. These bonds have also been
issued and sold. At the same time
$25 900 of artesiau water bonds were
issued, but these were never sold, ex-
cept that the city of Ell Paso has used
$4,000 of them as an investment, for the
sinking fund of the water works DO IDS,
and $4,000 for an Investment for the
: hiking furd of the sewer bonds.
ERROR IN SCHOOL ELECTION.
Without having the text of
the court, it is understood
that the dec ision Of the court relating
to the general schools was based upon
the appellants first proposition viz
The act cf'tha legislature, approved
April 3, 1879, entitled an act to further
regulate and render more efficient the
maintenance of the public free schools,
and institutions of learning in the cit
les and towns in this state by necessa-
ry implica ton repealed articles 1881
1882 of the revised statutes, (1S79,) of
Texas, and the purported election held
in the city of Ell PasO on April 4, 1882,
to determined whether or not the CITY
should control the public schools with
in the city limits, and by virtue of
which the city asserts the right to cen
troll such schools, having been ordered.
and held in accordance with the said
repealed article, the said election was
and Is now utterly void