The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-10-23
EGNS CASE SUBMITTED
NJ Third Court Of Appeals for
Determination.
nvOlyEs An IMPORTANT QUESTION,
contsnded That Political Of
y ss.s Nav Become the Property Of
~ The Occupant Thereof.

.,o Texas, October %. The case Of
ASs~ - Thompson ct al was submitted
s..ts and oral argument before the
y civil appeals Of this district to-
y" ~. ease Involves the right of the
,.oncll Of the city Of Waco TO try
n.,or on charges preferred by mum
!, III aldermen and the power OF the
:, y interfere by Injunction to prevent
\ ". an grounds Of Irregularities in the
.anes, also challenging the constitu-
~,lIty Of the provision Of the charter Of
4, /. AN Of Waco comforting on the council
i mrer to try and remove the mayor and
~ municipal officers.
4 AZ case Is one OF first impression In the
s,rrdence OF Texas and the argument
\. eounsel for the mayor and the aldermen
,.,pted many interesting questions at
~ 10 secure decision Of the case on
controllIng points the attorneys by
!. ...,,ent waived all assignments not es-
IN, 10 decision on the merits
81 inc mayor, Judge Scarborough OF
4, tontended that the privileges aud
81 '.luments OF public offlce are property
N, protected by all of the guarantees Of
u STATE and Federal constitutions and
"A y AZ nniceh0lder can not be removed
n ~ oflee and be deprived of such pfivl-
N u ami emoluments without trial before
q ,rlbonal provided by law for the trtnl OF
IN onestiouR. 80 constituted as TO secure
dett lmpartality and, fair and fun
"a. rnr answering TO the general dchni-
IN ii a trial by due process Of law or
acardng TO the law Of the land. lie fur
4 d eontended that under the constitution
"a hls State the legislature could not con
I'd, judicial power on city council and
( \ The provision Of the charter of the
IN q Waco comforting this power CON
|st,ened the constitution and was void. In
4leIrsou the Judge insisted that as the
W ceedings before the city council were
issgsl II was proper for the mayor to re-
I'm 10 the courts to prevent the threat
~ sd injury to his right to continue to hold
IA Office and enjoy its privileges and
FL ouments.
III. Sanford. the city attorney of waco
+ as unayodahly absent, as was City At
nly Brooks of this city, Judge r. b..
'fnan Of this city appeared for the nj
lmen, presenting their Side Of the con
.hFefsy.
NJ Cochran commended that the power or
',4ht 70 remove a municipal officer was in
Felt N every chartered corporation and
. this principle had been firmly estab-
Do IN the common law for centuries;
,lIt the wPliheng of every city demand
M that this right Of removal should be
i8ied In the city council and freely exer-
ID whenever the public good required.
"a called attention to the danger of eStab-
+ llng precedent sunctioning the right
+ cflcehoiders to resort to the courts in
fence Of trial to prevent on regulate
.Hlh feaWal on charges Of malfeasanCo IN
XAe. His IOntontlOn WAS that the right
N hold office Is polite aud not property
4 b. and that court Of equity is without
silction to Interfere by Injunction 10
4tIalh political body, as is a city coun-
+ n ffor trying one of It's members or any
,T person holding a political office in
R8 city Of Whco In support Of this prop
Ni0a many authorities we're citel from
4ndam text writer's, including the cele-
07Ied case Of Taylor VS.. Beckham, de
&& ty the United States supreme. court,
wing The Office Of governor Of tho State
M kentucky and other cases decided by
N court
Pc case Of the aldermen rests upon the
ielllon that the question at issue Is
qal and not judicial and that II their
ga IS Illegal the mayor has his remedy
WhN ny mandGmus, quo warrantO or
#i ipgal remedy and should not resort to
H4lhlnnctton
lller Baker NJ Waco closed the argu-
lot the mayor covering much the
Tonnd as his associate, and in addi-
ne contended that granting that the
lG provision comforting the power On
council 70 try his client was cOnstitu-
sun before the council could pro
VITO the trial It was necessary that
oler code Of ordinances should have
saacled prescribing the course Of pro
be lawful for the aldermen who
Y NY the case to become parties to
proceedings by assuming the role of
s;h and preferring the charges against