The Snyder signal. (Snyder, Tex.) 1887-????, 1912-05-24
DECISION IN ORIENT CASE
sweetwater Again Loses Her Com
tention Before Supreme
Court

Higgins. Hamilton and Taylor OF
counsel for the Kansas City, Next
co and Orient Railway company of
Texas nie today In receipt OF tel
egram from their associate counsel
stating that the Supreme Court to-
day awarded the writ OF prohibit
ton sought for by the company and
the receivers against the Judge Of
the 32nd Judicial District OF Texas,
and the individual intervenors on be
half OF the city of Sweetwater and
the minor stock holders OF the rail-
way company prohibiting them
from further interfering with the
railway company removing It's gem
eral offices, machine shops and ter
minal facilities from sweetwater to
San Angelo.
This case has been in the courts
for a number Of years and was tried
before the District Court of Scurry
county and resulted in a verdict for
the city of Sweetwater. this verdict
was affirmed by the court Of civil
appeals at Fort Worth, but a writ
of error was sued out to the SUI
preme court of Texas which revers-
ed the judgment Of the District
Court and the Court OF Civil APP
peals and rendered judgment for
the defendant railway company.
A new injunction was sued out
then by some of the minor stock
holders before the judge of the ~
Judicial district in vacation and the
railway company appealed to the
court OF Civil Appeals which revers-
ed the case and dismissed the in
junction and the Sweetwater side
applied for a writ OF error to the
Supreme Court. Meanwhile the rail
way company through It's attorney
appeared before the Supreme Court
and sued olt writ Of prohibition.
the first one ever grained by the
Supreme Court of Texas. to prevent
tho Judge o. the S2nd judicial Dis
trlct from granting another writ OF
injunction sought on the 18th day
OF March and from further lnterfer-
ing with the jurisdiction of the Su-
preme Court In the first case and
from granting their writs of iniunc-
ton
The Supreme Court granted the
temporary writ of prohibition, and
set the case for a final hearing on
the 22nd day of April. 1912. At
which time and place the REALTORS In
the last writ Injunction appear
ed by Intervention and all parties
being before the Supreme Court the
cause was presented with much fer
vor on each side The Company was
represented by II. S. Garrett. Gen
eral Attorney. Sweetwater. Higgins,
Hamilton a. Taylor. Snyder. Blanks,
Collins T. Jackson OF San Angelo,
John A. Eaton Of Kansas CITY,
Wright, Wynn & Bartholomew OF
San Angelo.
The SNcstWatcr side was repre-
sented by Beall & Beall and Crane
& Bondles OF Sweetwater and Steph
enc and Miller o. Fort Worth.
This case has become one OF the
most notorious in the State and as
the local firm here states, IL is
pioneer case TO blaze the trail on
the question Of the right OF the su-
preme Court. under the Constitu-
ton to issue a writ OF prohibition TO
prevent small tribunals from inter-
ferlng with the judgment OF the
highest Civil Court In the State.
II Ia now no longer an open ques
ton whether or not. under Art. D,
Section 3 OF the Constitution which
provides that the Supreme Court
and the Judges thereof shall have
power to. issue under such regula-
lions as may be prescribed by
law, the writ OF mandamus and all
other wrlts necessary to enforce the
Jurisdictions and though not spe-
clhcally named Il can be resorted 70
10 prevent the judgment OF the su-
preme Coure from being
thanked by parties interested oppo-
site 20 It's decision.
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