The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1903-01-08
'1IGHER STATE COURTS.
l:wls Habeas Corpus Case Submitted
10 Court Of Criminal Appeals.
WOLVES GOVERNMENT OF GALVESTON
Claimed that the oeVsrner Can Net Con.
stltutonalIy Enact the Provisions
Conferred by Galveston Charter,

Dallas, Texas, January THE Dallas
term Of the court CT criminal appeals began
today' with Judges w L. Davidson, John
y. Henderson and NJ NJ. Brooks IN nj.
tendance. The court officers with the es.
ception OF Assistant Attorney General Rob
ert A. John Of Georgetown were IN their
places. Fhe State was represented today
In the most important case before tho
court by Attorney General Charles K, Bell,
VINO came from Austin for that purpose
matter 81 Statewide interest was put
before the court In the case Of cx.parte
Charles Lewis, from Galveston 1t involved
the validity OF legislative features of the
galveston commission, aud for this reason
VIII excite attention throughout the state
lewis Is alleged to have violated cit,
ordinance Of Galveston n some kind OF
petty oGense, and was fined IN tue re.
eoraers 2ourt His attorney, Marsone John
son. at once applied to tho court Of lrlml
nal appeals for writ Of habcas corpus for
Lewis and the case was submitted today
Oh briefs and oral arguments for both
PARTIES The city recorder OF Galveston
holds an appolntlye office, the position
being oiled by the commissioners, who are
appointed BY the governor. MIR johnson
makes the contention that 4 hne imposed
by Il man appointed By men who were
! appointed by the governor Is invalid and
| Iliesa and that the legislative feature nr
! tLe galveston commission is absolutely un.
constitutional; TINT the legislature had no
authority 10 comic! the authority upon the
| governor that was conferred In the Gal
| weston charter bin aud asks toe court 70
! declare the law Invalid and without force
| MS position is opposed hy Attorney Gen.
! crdl Sell and City Attorney j. " il Scott
or Galveston, both Of whom have made an.
gumcnts against evils side OF the case.
/ lhe DALLAS commission Is not Involved be
cause the Dallas commissioners can not act
/ IN a legislative WY. The author OF the
| Dallas commission, William r Ellson
holds with Marsene Johnson that the leg
/ slature can not confer the authority con.
/ terred IN tho Galveston charter and which
the upper court is asked to wipe out
! Several other cases OF interest were sub.
| mittod today, among them three death pen.
/ atty cases. The business done by the court
| Submitted on motions to dismiss appeals
| r. B. Whitehead three cases. from East.
land; Harris Brown two cases from Ma.
Yarro.
/ Submitted on briefs for the State: A.
a Ablowich, Porter Travina Billy Kcs.
singer, John Fay, W. d Allen, John Ed
/ wards, Elisha Cornett, Lottie Holden, Holtz
aartiey ana jim sausier, from Dallas,
Charley Green death from Fort Bend
Guadalupe Wales two cases. Sylvester
Iarrango and Jesus Rodrtuez, from ~
Paso; ex.parte Howard M0Gee. from Trim
ity; eN-parte Pat Miller, from Colorado
ON briefs for appellant Dan Elfrld
/ John Wylie Miller and George r. White
side, from Collin Charlie Hodges from
Dallas FLOYD Marshall. from Tarrant
/ On briefs and oral arguments for both
| parties; EXparte Charles Lewis, from Gal
/ weston.
on motions for rehearing. Alb Knowles
from Bosque Bob Hines death, from Ma
lon, Nathaniel Miller from Lavaca, Johr
Ransom death, from Williamson.