The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-24
Or. Brumby Refused an Injunction
and Dr. Boyd Granted One.
CASE WILL GO 70 COURT or APPEALS
The Opinion In FulL-Talk With Attorney
L. 3. Moody--opinion Of Higher Court
Expected Within Two Weeks,

Judge w. II. Wilson Of the Fifty hfth
judicial district yesterday handed down
his decision in the case of Brumby against
Boyd, known as tho city health officer
lmbroglo The decision Is given IN fun
and, as will he seen. denies the appllca-
tion Of Df Brumby for writ Of injunc-
ton. ii grants to Mayor Woolford the
right TO enter into the case as intcrycnor,
and on the joint application Of DR.. Boyd
and Mayor woolford, and on their cross
bills and supplemental answers grants me
writ Of Injunction restraining Or. W. NJ.
Brumby from in any manner exercising or
attempting to exercise the functions or du-
tics OF health officer Of the City Of Ious.
ton.
MIR. /. b. Moody. one OF the attorneys
for DR. Brumby. was seen by Post rep
tesentntiyc after the decision OF Judge
Wilson was read lie sud The case Will
he appealed at once, and we hope to have
A decision IN the case from the higher
courts within week after the records are
6led in the court Of civil appeals. Ordi-
urrily thi, decision would be only for Il
Temporary iniuuctlon but by an agree
ment entered into between the parties
1t is a fiji al decision OF this court. We
wanted this arrange meat made SO that we
can get a hasty decision from the high.
or courts and have the matter settled fna
~ there. The Judge In his decision
seems to have gone into the case fuzzy
and 10 have covered all tho points In It.
We are not only willing, but anxious. 10
rtt this case beforn thc court of appeals
aud have a hhal decision rendered In /,
and as the records nthc ease viii We very
short. see nothing In the way OF getting
n there in few days. The ease VIII h"
there will he no trouble I'm having II Hd
vanced on the docket OF the court Of civil
appeals so We can ret decision IN At
very short time.
JUDGE WILSON'S DECISION.
The ease as presented TO tho court Is ON
q petition OF pr Brnmhy for an injunction
against Or. Boyd; cross petition Of ~.
Boyd FOR injunction against pr. FrH llq,,.,
mayor, for Injunction against hr hrnmnF
The motion Of paintn 10 strike on,
the several exceptions contained IN the
pieadings hled are ovcTulrd
Tho questions Tor the courts considera
ton arr tuf following:
/ What is the legal status VI DR.. Brum
hr? /, he either dc iure or de facto the
health officer OF the city OF Houston aud
is Or Brumhy entitled TO m Injunction
. What IS the legal status Of Dr.. Boyd
and is he entitled to an iniunctionf and,
J. What Is the legal status Of the mayor
and is he entitle6 TO invoke the ala OF an
/. The charter of the city OF Houston
provides (Sec. 81 that there shall be elected
two aldermen from among the qualified
voters OF cach ward, city treasurer, a
assessor aud collector Of taxes cll
commissioner. all Of whom hold for tori
Of two years, Certain duties are specimen
assigned TO the health officer in sectio
enumerated. Section y of the charte
provides that the officers named in mi
charter shall perform the duties prescribe
by this act and such other duties as ma
he prescribed by ordinances. The dulc
assigned 10 tho health officer by ordinance
passed by the council viii be found ouumor
Hted I'm ordinances nos ,2g. 1871. 1872, l33
i34, 1875. l4j 1913, l54, loo l5s, 100.
With reference 10 h" power OF appoint
mated by the mayor and confirmed by IA
council tSec. 4Cl, The board Of npprdlsc
ment; (seG 81, the board OF public WORKS
ISec. u, the city engineer, city secretary
CHIEF Of fire department, market maste
and city sraveuger.
by section - OF the charter. II Is pro
vlded "and there shall he such other ON
GERS, servants aud agents Of the corpora
ton as may, be provided by ordinance t.
ne appointed Nv inc mayor win the al
proval Of an the aldermen present at an
meeting when such officer shall he nom
mated. as hcrcinbeforr provided, who sha
perform such duties aud receive such CON
pensation as may be provided by ord
nance"
Section 10 provides, land this section Ia
special reference TO the z==E;iJn Dofhr
tnP c>SEti. ~ e6se NJ vacancy In an
elective office from whatsoever reason III
council, upon nomination by the mayor
shall I'LL the vacancy, etc"
The council derives all its powers fror