Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-04-02
CITY COUNCIL
is ENJOINED
CONTINUED from page one.)

49, -
and subjecting the city to an expen-
siye, suit, but that they had decided
to accept the terms of the Injunction,
determining, however, to let the peo-
pie of Brownsville know what he
termed the illegality and unfairness
of the proceedings. He further char
acterized the decision as being made
without giving both parties the
chance to appear and plead their
case and placing them at the mercy
of a judge sitting in another county
who would not ever hear them
Mayor Kowalski advised the coun-
Gil that the law states that the
names of the candidates not nomi-
mated by any party should be printed
in the independent column" but he
was corrected by Alderman Crixell,
who stated that the law said they
should be in the independent col
umns." Whereupon City Attorney
Russell advised that it should be
either independent or non-partisan
columns"
A. B. Cole, the Independent nomi-
nee for mayor, who was present,
stated that it was idle to discuss the
matter further as to whether the in
junction was right or wrong, as
they would have to abide by it,
which closed the argument.
4 The following is the injunction
as filed with the committees report:
The State of Texas:
To Benjamin Kowalski, May
or of the City Brownsville,
Texas, l.. B. Puente, City Sec
rotary of said City of Browns
vile, G.. H. Bore, W. S. Black
shear, S. j. Benavides, T. l..
Crixell, j. B. Scott, Louis Cobo-
lini, B. l.. Cain, and c. H.
Thorn, aldermen of said city of
Brownsville, greeting:
Whereas, Andres Ureste, as
plaintiff, has filed in the Dis
trict Court of Cameron County,
Texas, his petition for injunc-
ton against you and each of
you as defendants, in manner
and form as required by law,
duly verified by his oath and
Herewith has also filed the or
der of Honorable w. B. Hop
kins, District Judge of the 2Sth
Judicial District, made in cham
bers on April l, 1912, granting
said application and directing
the District Clerk of said coun-
ty of Cameron to issue this writ
of injunction, upon the filing of
said petition and an Injunction
bond in the sum Of One Thous-
and Dollars (s1,00O); and I
Whereas, the said Andres
Ureste has duly filed his in I
junction bond as required by
said order, which has been APP
proved by the undersigned
Clerk of said Court, and the
said cause has been duly dock
eted upon the docket of the Dis
trict Court of Cameron County,
Texas; and
Whereas, in said petition or
application, the plaintiff alleged
that defendants were intending
and threatening to do, and
would do or cause to be done
the acts and things now here
enjoined, and the order of said
Judge granting said application
directs this writ to issue in
name and form as follows;
to wit:
Now, therefore, you and each
of your, your counselors, solicit
tors, attorneys, agents, servants,
and employees, are commanded
to desist and refrain from the
preparation, printing, distribute
ing and use at the general or
regular city election to be held
in and for the City of Browns
vile. Texas, on April 2, 1912,
of the official ballot in the form
in which plaintiff alleges that
you are intending to and would
otherwise prepare the same,
to-wit, a ballot containing
three columns, in one of which
all the nominees Of the Demo-
cratic Party will appear, in an
other of which will appear the
names of those independent or
non-partisan candidates, nomi-
mated by petition, who have
been endorsed by the Independ-
emit Club or Independent Party,
and in another of which will
appear the names of those In
dependent or non-partisan can
didates nominated by petition