Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-31
LEGAL PROCEEDINGS
AGAINST COUNCIL
MUST SHOW CAUSE WHY MANDAM
US SHALL ISSUE TO COMPEL
LEVY OF TAX FOR PUBLIC
SCHOOLS.
CASE WILL BE HEARD AT COR
PUS CHRISTI, AT NINE O'CLOCK
ON THE MORNING OF JANUARY
ELEVENTH.

"A nearing Tor the members OF the
Brownsville city council to show cause
if any they have, why the Brownsville
school board should not be granted q
writ of mandanus to force the council to
pass a twenty per cent tax for the ben.
eft of the public school, has been set by
District Judge Hopkins The hearing is
Islated to be held at Corpus Christi, at
10 o'clock on the morning of January, :,
1913.
City Secretary Crisanto Villareal
served notice of the hearing upon May
or A. B. Cole, Aldermen b. L. Cain, T..
lCrixell, w. $. Blackshear, C. II. Thorn.
and A. Benavides Mr.. Villareal. how
ever, was unable to locate Aldermen L.
Cobolini, H. J. Kirk and Jas. A. Browne
all three of whom. it is stated, went
hunting yesterday morning.
Judge j. A. Graham returned Sunday
might from Corpus Christi. where he
went Saturday to present a petition for
the writ of mandanus before Judge Hop
kins.
The notice as served to each member
/ is as follows
"You will take notice that on Deem
ber %, 1912, the Brownsville Independ-
ent School District and its trustees, j.
L. Workman, Frank c. Pierce, r. B.
Creager, F. w. Seabury, Macedonia Gar
cia, Geo. w. McGonigle and c. NJ Gar.
"a, filed suit in the district court Of Cam
leron county, Texas, being No. 2413 on
the Civil Docket. against the City of
Brownsville and its City Council, com
posed of A. B. Cole, Teofilo Crixell, DR.
u. A. Browne, b. L. Cain, $. J. Benavid-
les and w. S. Blackshear for a writ of
Mandanus to direct and compel said
city, its cOucil and each member of its
council to pass an ordinance levying a
tax of twenty cents on each 800 i'm val
ne of all property within the city limits
of said Independent school district for
the year 1912, for the maintenance of the
public free schools of said independent
school district for the scholastic year of
1912 and 1913 and on December %, 1912.
plaintiffs presented their petition in
said cause with exhibits thereto attach
ed to the Honorable w. r. Hopkins.
Judge of the 2Sth Judicial District, who
on that day, endorsed on said petition
his fiat or order in words and figures as
follows:
Corpus Christi, Texas, Dec. %, 1912.
The foregoing petition with exhib
its attached having this day been
presented to me, and being of the
opinion that the petitioners. on the
facts alleged, are entitled to the re-
lief prayed for. l hereby set the
cause for hearing at Corpus
Christi, in Nueces county. Texas, on
January IL, 1913. at 9 o'clock a. m.
when and where the defendants and
each of them will appear and show
cause, if any they have, why the
Writs of Mandanus as prayed for
should not issue.
"Plaintiffs will see that proper no
Y tice of this order is served on each
of the defendants at least five days
1 before the day herein set for the
/ hearing.
\ The attorneys for the plaintiffs, the
school board, Seabury. are r. B. Craeger,
f. w. Seabury and Graham & Pierce.
With the exceptions of three mem
bers, Aldermen Kirk, Cobolini and
Browne. the council has shown its viii
lingness to vote the 20 per cent tax de-
sired by the school board. but the mega
tive vote of these three has been suffi-
cient to defeat motion to pass the
levy. 1t is stated that it will not be
necessary for the members of the coun-
ell to go to Corpus Christi, but that
they can allow the matter to go by de
fault. In this case. should the judge
grant the writ. all that will be neces-
sary to comply with the court order
it is stated. will be the favorable vote
of each member of the council. A mega
tive vote by member would hold hin
liable to a jail sentence for contempl
of court.
1t is probable. however, before the
ldate for the hearing arrives, the finan
cial report of the city for the year end
ing April 80. 1912, the failure to pub
Ilish which has caused the three out hold
ling aldermen to vote against city ia,
levy. will have been completed. Shoult
this be the case, and if the report i:
found to be satisfactory. it is presume
that the council will get together on tn
tax matter and pass the necessary levy
The hearing therefore, would not be held