The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-14
Courts May Havcto settle Its Con-
sfftuttonnlity.

@Auy htS Sph-
sfftuttonnlity.
| Austin. Texas March 13.-Thc question
OF the constitutlonality OF the charter OF
Dallas as passed by the senate Thursday
will have to be decided In the courts. II II
ia hereafter questioned.
1 There is a division OF opinion among
tho leading lawyers in the senate. some OF
whom had put In tho record tho reasons
why they voted against the final passage OF
the bill.
| Mr.. Burns Of Houston opposed the bill
when II came before tho committee, ON the
| grounds Of insufflciency OF the notice Of
publication, and did likewise on tho floor
Of the senate Tuesday The notice was.
TO whom 1t may concerns; Notice Ia
hereby given that at the approaching ses-
sion OF the legislature TO convene at Ans
tin. Texas, on tho second Tuesday In jan
uary. 1897. tho city Of Dallas VIII make APP
plication to said legislature for a Bpecial
charter for said city, Said charter to be
special act OF said legislature. and to
grant to sali city tho rights II now hiia
and such additional powers as the leglsla-
ture may deem Just and proper.
by order Of the city council"
This was certified to by tho publisher Of
the paper. but Mr.. Burns takes the posi-
tion that It was insufficient. His objections
| In the records read
"Believing that tho above and FORE
going notice is not n substantial compliance
| with the provisions Of tho constitution OF
tho State OF Texas. In this; that Article g..
Section 81, OF said constitution Ia ar fol
| lows:
"No local or special law shall be passed
unless notice OF the intention to apply
therefor shall have beeb published in the
locality where the matter or thing TO be
| affected may be situated. which notice shall
state the substance OF the contemplated law
and shall be published AT least thirty days
| prior 10 the introduction Into the Legislature
| OF such bin. aud in the manner provided by
| law. Tho evidence O. such notice having
been published shall be exhibited in the
| legislature before such act shall be parsed
being OF tho opinion. Mr.. President. that
the substance OF the contemplated law Is
not stated in such publication. as required
| by the above article and section OF The
constitution. and feeling that owe q dut,
20 my State. my constituents and myself
vote against the final passage OF senate
bill No 1917, and dcsire 10 be 30 recorded
Senatorial courtesy TO the senator from
Dallas warmly urges me to support thu
passage OF tho bill, but the line OF duty
| ns I see II, forbids the yielding Of hxet
opinion, and wflle personally regrotting tn
situation, unhesitatingiy vote no.
"Burns."
Mr.. CoIquitt Joined Mr.. Burns. taking tn
same view OF II. Mr.. Dlbreli In voting fO
the LII couched his opinion In the follow
ing:
"Mr. President; vote yea on senst
bill No. 1877, amending tho city charter o
Dallas, but do so without believing tn
notice given sufficient. II Affects Dalla
alone, and it's representatives wish the bill
passed: and besides. the proposed amend
ments have been thoroughly discussed an
understood. No advantage has been take
OF the people OF Dallas
Lar. Woozcncraft. city attorney OF Dial
las. while In Austin. offered his opinio'
that the notice was ample. declaring tina
tho action OF the legislature In matters Q
this character was hnal.