The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-29

against Boyd, asking an injunction TO pre-
vent Or. Boyd from performing the duties
Of health officer Of the city ot Houston
An Of the parties TO the case were I'm court
either In person or by their attorneys. The
answer of j. u. Woolford as iutervcnor was
flcd. he having obtained leave of the court
To intervene upon petition Of the defend
ant Boyd. Mayor Woolfords answer rs
hled was as follows:
No. 3tJO7 w. NJ. Brumhy vs.; j. 6.
Boyd In the district court OF Fifty NTH
judicial district uf Texas
/. Now comes j. j.. Woolford by leave of
court first had aud obtained, ana iui'r,
NeneS in the above numbered and entitled
cause, and says that h. is O resident citi-
zen Of Harris county Texas and hics TINS
motion 10 dissolve the Temporary Injunction
heretofore granted, ana his cross action
herein as mayor OF the city VI Houston,
and for answer adopts that part of his
answer herein the allegations contained in
the answer OF j. q. Boyd now ON ulc tu
this cause. aud Ia addition further answer
.. THAT he. John j.. Wooford is the duly
elected and qualified mayor of the city OF
Houston, and is now acting and exercising
the duties OF mayor OF the city Of Houston
having been elected on the day NJ
expire until April 1902, thar he Dr.
resident citizen aud voter aud property
holder md taxpayer of ana Within thr city
OF Houston, In the county of Harris, Ia
tho State OF Texas.
3 Ana this defendant further represents
that section - of the charter OF the Guy
of Houston, that the mayor IA conjunction
with the health officer of the city Of liuus.
ton ana The city council shall have grh.
tral charge of the sanitation OF tur city,
which charter provision gives the may
matter OF rhis suit thm there is mo- d..
eally authorized city health officer OF tine
e.5lE 81 lloustoR nor any one legally nll-
Ace Win Vho,a thn n,n,o, ,ar a,, ~, I,vc
cberrr of n ,Gn 'rttIi.r cf tb. .if o,
rci,t no doT"nl4.,, itoyl ,rjg. ,l
appolnimenf Of irfer,cpo-
THAT bv srrti,u ..a or fine chartrr of
the civ Of Hou.roa Tho MAYOR is rrc.i
dent 81 mo heIrd N T97iIfh Of linz civ of
Houston. and nr thc terms of thc charter
"a nresidenf H. directly iutpr,.trd I'm ba,
ne ~ lnp,I Lrstb ofdte,' !" '''
'rbot b, nayor af ibo. .lt, or u,u-.
ton under tho charter Is autnorizcd 30 bee
yigllant i'm saoirr ilo Iaw4 rr tho div
nrousrlv Srfnr.rJ. fEu. am. a. hl. ..,il
dutics would be to ..s ihpf tbr prouerty
of Inc cliy ure i'm urnuor custody Of iis
ofhcrrs. duIy qimliadd hr law ,6 Y.t Hs
s1nb I'm, tbat an" IasnI,,r,l,, g,.uT,,e ="
take charge ~ thc books and prrprrty prr.
timing tp TIE health arNrcr without amy
law. ana that n &. rhc LOCAL ,lufv Of YOUR
rrator 10 restrain tho sid ofIroI. Ina tbua
illegally taking possession of such uro,,
erty
g Tint Tho Spid W. NJ Rrufnhy while he
assumes 10 porfurm tho dutirs OF hpnth
officer. does moi claim even To- he tho dc
Houston. hut alleges that he is a duly
qualified health Inspector of the city OF
Houston; that he can not hold updor the
constitution and laws OF this state both
offices for section a ~ the charter az
the city Of Houston provides that tho
health Inspector shall be under tho control
Of the health physician. ana the holding
aud performing the duties VI thc two or
fees would hc Inconsistent and prohibited
bv law
Z That tho duties NJ tno Htv honl,b ~
hcer are prescribed hN thp charter and or.
dBaucos of Inc ciry of houston. aud tine
city council could uot aul cnu mot hc tho
above ilcgai motion or otherwise delegate
the authority lu dcfDulpu tl legally pcr
form the dutlC, Of health officer for such
city council has no power uHdcr the lHv
~ confer On ono ofnccr tho powers, u.ic,
gnd rights appcrtUinipg lo ano,h,r orhrvs
under the law, hut the aw requires Ihut
the acts pertaining % puuljc office should
he performed hy INC officers upon whom
Inv duty has hcca imposed by law. and
not by an intruder Without any legal an-
thority 10 act as would ho thr case NJ
detcndani would ho allowed iu perform
INC duties OF smd nih'" ul health uInnrr
OF the city Of ilous'on
- lhai Nour "ruiot mas ucNcr recognized,
nor dors he now recognize tbc dcfuulHnt
as the hrqlth Gfbcor ot tue cite of Houston
WIN loRal auihWilN io perform the duties
~ said hcalth oinccr
ANA lnteNernor adopts an ~ tho PRAYED
Tor rGhef Contained in thc answer Of the