The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-12-23
THE CASE OF higgins
SuEeme Court Holds the Aldermen
Were MOI in Contempt.
THERE WAS NO INJUNCTION IN FORCE
Matters at Waco Much SImptfied by the
Order-There VIII Be Further
Appeal by Mr.. Higgins.

Austin. Texas, December 12.---In the case
OF J. W. Higgins VS.. W. II. Thomas ct al.
involving the sensational deposition Of Mr..
Higgins from the mayoralty OF Waco by
the aldermen OF that city. the supreme
court handed down an opinion today which
is not ouly the latest and highest expires
sion Of law In novel proceedings Of this
kind. but establishes some precedents
which viii be applied In the courts OF
Texas hereafter IN the trial OF such cases
The case Is OF such Statewide interest
aud the opinion OF 30 much Importance
that 1t is herein given IN full;
j. W. higgins vs.. w. II Thomas ct al;
petition for injunction and motion for con-
tempt. Motion No. 1918.
This Is a motion to punish respondents,
one Of whom is city attorney aud the 9th
ers members OF the city council Of the city
of Waco, for contempt In disobcying an IN.
junction, ana TO command them TO re
sciud their action in removing the plaintiff
in the motion from the office of mayor OF
that city. The nature of the proceeding
will more fully appear by hritf statement
" facts as shown 10y the motion and tho
record In the principal case,
STATEMENT OF CASE.
Higgins was mayor OF the city Of Waco
having in Aprll, 1902. been elected to tina,
Office Tor the term Of two years With the
view OF removing him from office ON the ilth
| day Of September. 1902, curtain VI the re-
| spondcnts 0led charges against him be-
| fore the city council, accompanied by d
| resolution for his removal from onico and
caused him to be cited aud appear and
| answer the churges. On the 10Th day Of
! the same month he presented to the Hon
! William FolndeNter, Judge of the Eight
centh judicial district OF tue state, peu
. l..r, ItfIff ga
/ city council from proceeding VITA uu Tin
upun the charges as presented, Ihegeupw
! Judge HVindeAttr Endorsed his nat upul
/ the petition us follows! In chambers
! Mcuuiau. Texas, September 10, NO.. u
] having been represented TO me that jung
/ Scott OF the bttS-fourth district court BE-
| absent from the state that In the opinion
| OF counsel for plalutin under the peculiar
| circumstances OF this case, Judge Surratl O.
/ the Nineteenth district court les diaquhlluei
from sitting In this CUst, l take 1urlsdle
ton and hereby direct the clerk OF tM
/ FIFTY fourth district court to "a" this pcu
tlun, and cite the defendants To appear be
fore Judge Scott, Judge OF the H. iourtl
district court at the court bouse 90. Waco
| on Friday the 18th day OF September, thcl
and there 10 show cause Why IaElDancut IN
| junction should not Issue, ana to Issue r.
| straining order Ia def kldHuts as herCll
prayed pending such hearing. Petitioner q
enter into bond as conditioned by law y
the sum OF 5000.
The petition was on the 18th Of Septen
bcr filed in McLenuan county In the ltfN
fourth district court, Of which dstnt
| Judge Scott was the duly elected ana uull
fed Judge Bond having been given, ih
clcrk IN pursuance Of the hat. issued th
writ of injunction which WAS by the shcr
Immediately served. 1hcrcupon. on Oh
same day, q motion. was hlcd ia that con-
FOR u dissolution Of The restraining urdJ
Tor want Of equity IN the bin mud the m
tion having been heard, the order was dis
solved. rhe plaintiff having decliugd I
D.. tH..v. H. a. a 100.