The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-16
HELD UNC0NSTITUTION
Judgment for the City Of Houston Against
P. N. Olivier.
OPINION RENDERED BY JUDGE WILSON
Retroactive Clause in Recent Char
ter Amendments In CONFIRMATION
of Fundamental Lave.

Judge Wilson OF the Fifty-ifth civil
district court rendered decision for the
plaintiff yesterday in the case Of the City
OF Houston VS.. p NJ. olivier. In effect
the decision holds the retroactive clause
in the amendments to the city charter as
passed by the Twenty-slxth legislature to
be unconstitutional The opinion rendered
by Judge Wilson was as follows:
First-The constitution provides (Article
l. Sec 49,. No retroactive law shall be
made.
This clause protects every right even
though not strictly a right to property
which may accrue under existing laws
prior to the passage of any act which If
SVen retroactive effect would take away
tho right
right In legal sense exists when in
consequence of given facts the law declares
mat one person is entitled to enforce
against another claim or to resist the
enforcement OF a claim urged by another.
A law retroacting on past transactions
"hlch effects the remeN only. but in such
way as to take away altogether the exist
ing remedy for the enforcement of the
Ilght, or cucumber it with conditions
rendering its assertion useless is retToac-
1--WE within the intent Of the constitution
ana Is void and imperative.
Mellnger vs. City of Houston. 6S Tex.
u.s. 40, a, IS.
De Cordera VS.. CITY OF Galveston 4 Tev
$50
Grigsby VS. Peck, 81 Tex, 147.
Cooleys altutonal Law (Students'
Series) page 32S
Woart VS.. Winpick 3 n II 472 re
ported IN full in Movers Vested Rigbts
page 81
willard VS. Harvey u II nagn 244
section $50 Movers Vested Rights
1t Is conteuded that the city being a
branch OF the state government ana taxos
! berg a public charge and MT an ordinary
debt that the government can. SO to sneak
place limitations on its own action without
contrayenlng the constitution.
The legislature can withhold the charter
OF the city If IL wishes to or IL can hiring
about the death OF the corporation bv
repealjng tho charter hat tybon j., h,s
[ once chartered tho city. A. sin heinz a
going concern. IL can only legislata io
reference thereto In accordance win the
/ constitution and not in violation thereof
| wolf VS. New Orleans. 1OS Il ~ and Tho
/ constitution declares gcneraI1y yvitbout
/ exception or reservation. that No retro
/ active law shall he made
Again n CITY whom chartered INQUIRE
bonded debts issued under the authoritv
OF tho constitution itself on the faith Of
its taxes. aud their due collection Con
stitution ArttcIe NJ Section r. alec So.
ton 6 Article III the city lis i'm a cort,i,
sense in tho colIertion NJ such t,vo. !,
trustee for The bene0t 81 tho handel dob,
CWolr vs New Orleans to9 Il 81 Couris
have enforced the collection al euch t,,es
al tho suit Of hondboldsre b,. r,an.1,,,,,,-
/ In this particular cose tho taves sougbt
to he collected arc one-ha1f of tbis cb,r-
acter and onr-half for general rs,on,,,
such overdue taxes are in a certain gense
a property RIGHT in tbe civ ana as b,g
before been stated right 10 no nro
tected nv ths rotrnactire ciausa no,l ~,
bo a strictly nronertv RIGHT ,Ntcni,a,r
VS. Houston 6S Tev A
H. is stated i'm tbo bool,s tba, , st,+e
may constifutionaIIv mass a rft.o,.tiyo
law impairing her own rights and IL -
argued hence one Imn,iging tba ri,I
of the city. which ia n branch NJ t%a
State
This is perbans trua Tho ct,to 81
Texas. acting in a constitutior,i ,oo,.-,,
lion could ,ff unimnedel he ,n,, ,i,',se
of the Federal constitution, nass rotroa.,
live laws generally ,Crireb, a., 81.
ri Tex AN Rut tho Jo,,ielai,,,., a. IT.
as is not the state of TeTas. Tho STAT, ~
Teyae is no nconlo o( IT,. wy 80 ~
= lDture is only ons Of ss,or,i p "
the STATE If rexos to c,rr, out a., ~,
under the restrictions imnosS3 tn No
constitution Ap1tn Tho mInicir,i cir.
poralion known az tho CIV ~ IJars,nr
NAV be a branch of the Sta,o of Toyas
but is not a branch Of tho legIslat,,rs 81
Texas The CITY of Houston Is not NOV
p dry rornoration hut is tha ecgre,',, l'' az e
the noonle who aro consolidato67 ~ y" VI
body politic. know as the rity of tIn,s'
tom and these have n right 10 demand
accrued IA