El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-06-02
SOCORRO WINS.
THE MEXICAN PRECINCTS ARE
STILL IN THE MAJORITY.
Judge BuckIer Holds the Act of the
Commissioners Court Giving FL Pa
so two Commissioners is Void.

-
This case involves the va idity of the
commission sr5' court order reds
trictiug the commissioners precincts
passed by the court about a ear ago
whereby the city OF I'll PaSO would have
received two comm S7lonerS and the
balance OF the county two. a great
majority of the tax payers have earn
estiy hoped that this tesoiutton would
stand. Judge Brack represented
| Mr.. MyIes, and MeSsrs. Leigh Clark
land John Dean repi esented j. j..
SIN tn.
Capt. Brack said in part: that the
contention on he part of the opposln g
counsel that this act of the commits
sioners court could no. take effect I'M
I'll Nov, mber, 1898, was erroneous, as
such action would be in excess of the
| powers of the commissioners court.
| Reading from The statute, he showed
| that the county must be divided into
four commissioners precincts, and quot
| ing the coneti utiOn, he said that the
County shall be divided from time to
| time into four commissioners precincts
the changes in the preciGcs to be
| made bv the county commissioners
court. He urged that under the con-
stitutiOn power was vested in the court
to make changes as often as they were
| necessary, at the discretion of the
court. The commissioners court have
no Legislative powers; tnelr sole func-
tions are ministerial and judicial. In
this they differ from the city council.
They hav e no authority to say when
their actions shall go into effect, as
that is legislative function. They
have only such express powers as are
given them by the statues, and only
such implied powers as are necessary
TO carry out their express duties. AS
a consequence they have no legislative
G !, h ,y-o tn
pass an act which will take effect in
1898.
He then made this propositions: it is
a well known rule Of legislative con-
structiOn that where there are two
parts of an act, one part of which is il
legal, imperative and in excess of
powers, and the other part legal and
within their lawful authority, that the
courts will declare imperative the il
legal part. and allow the legal part to
stand. This act of the commissioners
court divides the county into four pre-
ciuts When the court had done that,
they had done all that the constitution
authorized them to do. and their pow
was exhaus. ed. To say that such
act should not take effect until 1898
was IN excess of their authority. If
there was d necessity to divide the
county anew into four precincts, it was
Intlf ttuGy " 10 H. cLA 81 lIlSS nave
attempted 20 do
Where the legislature passes an act
that foreign corporations shall only be
allowed to do business within the state
on the express condition that all lltl-
CATION for or against them, shall be
conducted in the state courts, and shall
not be removed to the federal courts,
the courts have construed such act that
the condition at ached was illegal, and
n,
from the secretary of state a permit to
do business within the state. that they
were thOrized to do business in the
state freed from the illegal condition.
Where a statute provides that it
shall take effect from and after It's date
and it is not passed by the requ site
two-thirds vote, the courts hold that
the time when it shall take effect is a
nullity, and Will cause the act to go
into effect. according to the cOnstitu-
ton, ninety days after its passage.
The duties of the cOmmiSsi Ouers court,
such as to build court house where
they fulfill the contract and pay out
the money at certain prescrlb- times,
etc, are purely ministerial. But for
them to make a law, as in this case
contended for by opposing counsel,
which could only take effect two yea 5
after its passage, the time in which
the act shall take effect, is beyond
their power, ard the courts must con-
strue the law to be 10 effect from the
time it was made.
He then read from the act showing
that it was the intention Of the com
missioner's court, that the act should
be in force from its passage and that at
the next election, commissioners should
be elected in accordance with the de-
cree. Any other construction of it
makes it foolish is well as al illegal
act of the court. We charge them
with doing and intending to do what is
useless, what is illegal, what is
Pathological. The construction urged
can be made: AMI it makes their &C
ton legal, intelligent and not tautoo O.
gical.
The arguments of both Mr.. Dean and
Mr.. Clark were for a strict construc
ton based upon the language, from
and after the election, and their con-
teution was, that it could not go into
effect until after the election had taken
place.
Judge Buckler held: at seems to
me that the whole act is void; that it
was the intention of the commi siOners'
court. that the act should not take eff
feet until after the next election. The
commissioners court have the right to
divide the county into voting pre- cincts
they do not do so at this time If they
do not do so at this me, when shall it
go into effect? They had no power to
make the act go into effect after the
election. [ think their whole act is
| void The commissioners have power
| to declare their M nifest intention. l
am satisfied that they did not intend to
divide the county at that time. If
called to pass on the whole order, /
would say it is void. [ think the words
from and after had the effect of annul-
| ing all they had previously done. So
| far as the present case is concerned, l
hold that the act did not go into effect
until after this last general election,
and [ hold further that the entire act
is void. The general demurrer of the
| defendant is sustained
| Captain Brack gave notice of an ap-
peal to the court of appeals at San An
tonic.
Officers Must not Visit Cuba.
Officers Of the army who receive a
] Of oh tO on bpvnDH 10 Sea