The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-29
AMT CO. INJUNCTION SUIT.
RATEF ~, -,
M Brumby's Attorneys File His Answer
and an Affidavit from Aldermen
rul Text of Answer and Affidavit-Case Postponed
Until Wednesday Mornng-Dr. Brumby's
Letter to the City Council.

"a. ease OF J0hn u. NoolIoru Ns' " w.
,'N~hv or. in other words, the injunction
hy which Mayor Woolford seeks TO re-
health inspector, In the city health
g.. Or. w. NJ. Brumby, was called in
=. Fifty.dfth district court yesterday
-.,,ipy. Both parties were on hand,
,,,,or Woolford being represented by Stew
:. 4 stewart and Or. Brumby by Lewis
prran and O. T Holt The answer of
h, Brumby, together with an affidavit
bom nine Of the aldermen of the city, was
An by Messrs. Bryan and Holt. After
4. slIrg Of these papers the hearing OF
4, case was postponed until Wednesday
so,uing, October 30, 1901, at o o'clock.
Il, postponement Of the hearing of the
au was caused by the crowded condition
a me docket for Monday and Tuesday.
NJ attorneys for Or. Rrumby hold that
10 cause OF action Is shown by the petit
ion OF the plaintiff, John d. Woolford;
MI the petition Is wholly insufficient, and
ucsptlng TO the petition of the plaintiff,
ITS Judgment Of the court. They hold
at the proceedings. II any. against their
dent, Dr. Brumby, should be quo war
nato and not injunction, and that It no
mere appears In the petition that the
.iintif has any legal grounds for com
,lIft against the defendant. The an
ever and the affidavit, as filed, are pub.
lsAed In full, as Is also the letter DR..
Bnmby has sent to the city council sug.
costing that the interests of the city be
rpresented by the city attorney, and that
nld city attorney cooperate with Attor.
HsyS Bryan and Holt in defending the
case
No, Si,S1s In the district court of Har.
v county, Texas, Fitty-ffth judicial dis.
nct John d. Woolford VS. W. NJ. Brum-
J Now comes the defendant. W. NJ.
Mamoy, and, answering the plaintiff's ne
EuosI excerpts to same In that it is wholly
usauldent In law and shows no cause OF
luon against this defendant. and of this
HNSys Judgment of the court
u For special exception to said petition.
as DEFENDANT says that no facts are al.
sged 10 said petition which show any In.
nllgement or trespass upon the rights of
lhntn by this defendant, and IL nowhere
ppears In said petition that plaintiff has
~ legal grounds for complaint or cause
wsc.loh; against this defendant, nor does
w petition allege any facts which war
ny tne maintaining of this suit by the
opacity.
III For further exception this defendant
aoNs mat II appears from said petition
nii II the plalntff has cause of action,
: mas complete aud adequate remedy at
wv and 1t does not appear from said petit
.on mat any irreparable injury, or any In
NY wnatever, viii result from the refusal
grant an Injunction herein. and it does
ypsssr rem said Ipttlt1on that the result
the granting OF ~ Injunction herein,
mMapoiary or otherwise, would be to leave
w CITY OF Houston without amy person
saAteyer 10 discharge the duties necessary
~ The public health of the city of Hous-
W. ana that thereby n great and lrrepara-
ee injury. might. and probably would be
sose TO the city Of Houston and the in
s III az thereof by the granting of said
" For further special exception this dc.
.slaant says that II appears from said petit
von NAT neither the plaintiff nor any other
fasoa other than this defendant Is claim
~ Me right to discharge the duties en-
gnoent upon the health officer of the city
Houston
For further special exception this dc.
i ...an shows TO the court that 1t is al
s.S.n n the plaintiffs petition that the
Ssnnl is authorized by the charter of the
<. Of Houston to nominate a candidate
" nealth ohtcer for said city of Houston,
salen candidate does not, however be-
wTe the health officer OF said city unless
MI elected to said office by the city coun-
~ ana u Is nowhere alleged In said petit
WE tnat any person so nominated by the
~ plantin has been elected to said Of
~ ~ py the city council, but, on the CON
saiI II affirmatlvely appears from said
xution that no such person has been elect
y % SAID office by said city council, and
y,nls ne prays judgment of the court.
VI Further answering herein, defendant
n ,' \, tnat 1t is provided nv section 2i
felcws '"o WV u '''e'n 40
The health inspector shall he under the
%N1ol OF the health physician. and shall
n s tne right, In the discharge of duty,
shler upon any premises between sun.
.s w sno sunset for the inspection of the
nn Ie ana may order the removal of any
asssance or any substance likely, in his
piaoa' TO create a nuisance or to be in
.S,'ous TO the public health. hut In any
~. application shall he by him d"st
MT N.Y. 70 the owner or occupant Of the
smsla'ses for permission to enter and
sr sr sach Inspection; and he may he re-
~ d. 10 DO and perform such other du-
NJ ~ may be lawfully prescribed by the
TAI BY. article No. 1856 of the Revised
IN se u ordinances of the city of Hous-
III 4uN.,n provided as follows:
s,nasatn insnector, duties and powers.
Nh w Health inspectors 10 serve ut the
"a W, W me council may be employed by
Sr, who shall, from 9 O'clock O. m.
Il 4 .t.Un CLOCK p m, have the right, and
Mal be their duty TO enter upon tho
s,ss ,aes and outhouses Of any and al
'ghs IN the city. for the inspection Of
NJ ~ nie ana to order the removal OF
! cesia auisanee, or any substance likely ia
& III MIN, nuisance, or TO be Injurious Ia
IA Tkssss W. health; provided.
N ii os.s since said August %, 1901. and I'M
10 ths o 10, application be Grst made
IA 10 har,oinseI OF occupant Of said premises
seneis,ir 'ssion to enter, and they shall
~ A s,.ees and adopted sanitary rules oi
healN -, and make daily reports to the
NAV onieer or city scavenger. as the ca "a
premsso W the sanitary condition OF all
That ~ Inspected by them"
passed w section l, Of the ordinances
lon 4, the council Of the city OF TTous,
n bToySes. August o, 1899, Il is provided as
y th hst all health inspectors appointed
q kntro, %sser shall hereafter be un5er the
HI iseF nv. anu management of the health OF
n Il th.snd the health officer shall reoulr,
" eans,.ssuch duties and services as may
n tHec fb,tht with the charter. and sh8l
;glra tbsrnF work generally. ana shall re
n t1artmssa 20 make such reports TO HI;
W aage 49, and to the schvenger and gnr
g. M apartment, and TO use such blank.
nav IA n oI records as in his judgment
NJ Thai necessary snd proper."
Nh eH a. yeecuon 20 OF the charter Of tn,
nxs. "ouSlon, 1t is provided as fol
E. floSts me terms OF service Of all en-
III liltmsni. " we nre, police and health dc
lr1e fnr1nol me city OF Houston shall con
n ..stl'or esessr einelent service and good he
81 az a.. lent the heads OF depar{pnaft,
NJ ssspt,ls, nsiinper Of the Ore. p6N W haalti
legeaftes now in service ~ &at sira
Ethts eetnler such service Of said depari
"a d ala ne discharged from said sery
M fllty AZ aepartments. nnlesa proves
|H \ IN a. ofense Of sufficient gravity
a soagds ~ ,tn o. the police. Gre and heait
M sa0 dsch nv city OF Houston, TO warran
W sSlssRfted menu ana In any event such dl'