*1 INDEPENDENT SCHOOL DIST. v. ANTONIO <@=>64— — Invalidity 5.Statutes Partial Effect. INDEPENDENT SAN ANTONIO partial unconstitutionality Such did ex rel. DECH v. STATE DIST. et al. unconstitutional, render the act, consisting whole act since 5435.) (No. † MAN et al. provided by sections, sec- tion 2 for the election trustees in of nine Appeals An- (Court San of Texas. Civil notices, holding, for and returns 1913; Rehearing 17, Denied Feb. tonio. election, etc., so that of election method 1915.) 19, Fe b. fully prescribed parts act, partial effect of unconstitu- Ejus- — @=>194 Construction — 1. Statutes tionality board was to cause the election deh Generis. every years two of a instead following an enumeration General two each things particular persons words of of and in Statutes, cases, [Ed. Note.—For other see specific meaning construed are not to be Dig. Dig. <@=>64.] 195; 58-66, Cent. Dec. §§ extent, are to be held their widest things applying kind or class same Appeal Court, County; from District Bexar specifically mentioned. Ezell, Judge. W. F. Statutes, eases, see Note.—For other [Ed. Quo Texas, warranto on re- the State of @=>194.] Dig. 272; Dig. Dec. § Cent. others, against lation of T. M. Dechman and @=>13 Law 2. Constitutional —Construc- Independent San Antonio School District oe Constitution —Intention. tion Judgment relators, and others. and de- a a A receive Constitution should not appeal. fendants Affirmed. like a technical construction construction which apparent carries out Arnold, Denman, Franklin & McGown it. enacted intention of the Cozby Peyton, Antonio, all of San & cases, Note.—For see Constitution- [Ed. pellants. Swearingen Ward, Linden, W. C. & Dig. Dig. 9, 10; <§=> Law, Dec. al Cent. §§ Biehett, Jr., and John H. all San 13.] appellees. <@=>16 3. Constitutional Law —Construc- oe oe State tion Constitution —Prior FLY, C. J. This is a suit in the nature of Law. quo brought by language ambiguity aof warranto the state of Where exists in provision, not a constitutional removable Texas, Dechman, M. the relation of T. prior provisions, the other reference to state of the Florian, Fentiman, against Charles F. and J. remedied, evil Terrell, Harris, Goeth, F. S. L. Dr. C. A. S. contemporaneous are to be circumstances import. Bechtel, Hood, Seidel, resorted to determine W. D. Albin G. Mrs. M. Bliem, cases, Green, Mrs. J. Rena Constitution- Maverick [Ed. Note.—For other see Dig. 16; Dig. Law, 12, <§=> al 16.] Cent. Dec. §§ Hertzberg, Mrs. Eli to oust office of trustees of San Antonio school district. quite <@=>46— information is 4. Schools School Districts voluminous, Term of Oeeicers —Constitutional Provi- alleging, substance, Board” —“State sions —“State Officer.” (Loc. Sp. the act of the & Const, 30, provides art. § Leg. 84) Acts e. 31st the San Antonio inde- of all duration offices not fixed Consti- years, shall not exceed two article school district was created tution. 30a, lature 1912, provides added in “that management and control all the schools may provide by law that the members corporate within the limits regents board of ; (Loc. San that on March & and the boards of eleemosynary educational, institu- Sp. Leg. 93), Acts 33d c. the act of 1909 was been, such tions the state and boards as had amended so toas have nine trustees instead hereafter be established compose of seven to San Antonio .school hold offices term of board; years, pro- six one-third of the said amendment such appointed every boards to elected or two vided that nine trustees should be elected years.” c. Sp. (Loc. Leg. Act 1909 & Acts 31st April, 1913, three the trustees S4), creating years, should hold office for six years, three for four school district to have the tlie of all amended Act years, three for two (Loc. Sp. Leg. March & Acts 33d should determine the terms of the 93), 2, 3, c. election in members, years and that two an elec- them to tion should be held years, years, for three trustees whose hold office for three for four and three for two with an election of alleged terms should be six It was notice, three trustees that the act was null and void because of the holding, and returns of elections. Held, terms of the trustees instead of two § fixed at six members were not “state officers” or members board,” “state the enumerated in article boards were all state boards of the Constitution, ejusdem generis rejected any the rule of caption is unconstitutional same because its general class, those of the same required by is not as is increasing the Constitu- and hence that of the the tenure of office to ; April 8, more than tion that on was unconstitutional. held for nine trustees as and F. in said [Ed. Note.—For other see Schools and Terrell, Harris, Goeth, S. L. C. A. S. Districts, Dig. Dig. School Gent. § Dee. Bechtel, Sturgeon, Siedel, E. H. G. Le Albin <@=>46. Hertzberg, Bliem, Mrs. Eli Mrs. M. J. Phrases, For other see Words and definitions; Ayers Series, B. First Second Atlee Officer.] Mrs. were elected State and ousted «g^oFor Digests Key-Numbered other oases see topic KEY-NUMBER Indexes † by Supreme Writ error denied Court. *2 173 SOUTHWESTERN REPORTER give six-year section Constitution, provides: Constitution trustees. living tion 30a attacked sections and relates scribed for trustees. election after that gible more than one tees, notices of holding thereof. The the second tion tees years be under the control each term tees.” shall be held district tees, Provision is made be called the trustees, San Antonio should March section for the creation of the San Antonio ond agraph statute are valid and nine trustees are entitled to hold their valid act place. the act of 1913 court rendered it seeks to virtue of their the office spective nio resigned sion of the the relators by 1-Ioodwas chosen in his “The In 1891 the section was “Prom and after the Original The act referred to In Í912, by ; taxpayers qualifications of Tuesday specially not more than the second to election that Le but for hold office for six duration of all 26, 1913, provides: considered, be of the second section Tuesday The defendants demurred is contained in the second and third officers for two men under the old The other passed by also for the three for held of the second section provide elections, illegally, a vote of the section shall never public added to first. elections San Antonio school board. On Mrs. fixed and three women. denied that suburbs of therein shall be third section of the Sturgeon woman to be is for the election of nine trus- April, election to null for an free schools three trustees. The third the other as all terms Green was chosen district, It also to be determined portions but railroad the Constitution. offices binding, for three of the trus- exceed two provides, art. and void oath place, law and years; resigned women shall of six by provision terms of office amended so as to they were-holding to the effect that of the second sec- trustees, and the first for in the act of 1913, an election making the same. to be taken of the act provides: portions commissioners. of this eligible and chosen at voters three from the sec- ably placed Antonio who of the state trustees held district shall provides took in the first an election Texas, act that and W. D. years.” Mrs. manner of San Anto- nine trus- generally, that men who shall so far as three act fixes provides as trus- returns posses- of the the be eli- Ayers That need of a pre- ment would have been four sec- this boards of any an enumeration of two involved, not lot. purposes for any her re- by tutional amendment had of the institutions enumerated boards the boards tional, eleemosynary, and have included elected. board of made of certain state tion. But include Cas. elected or fore to be read as ‘other such the Texas As said in a class, provisions, tion in tude be boards Constitution are ation of ticular and eris, which, words are not 75 Pac. Dic.; as those lature by law, may struction as of San Antonio that boards as have been or tablished the give bers of such boards to ces to be filled as penal as extent, of San Antonio is within its any board, state, county, municipal ager’s “The words ‘other’ or If the “The [1] Hanks, ejusdem generis E.N. municipal, purpose. However, term of members boards 1914B, effect to this section.” university where It institutions of the rank, or Cutshaw v. may determine; question. Legislature may applied is the been, 22; Spalding persons specifically 993. The boards enumerated in the regents If all of a consideration of the by law,” have been or years appointed, Supreme if that construction can be reason known as the rule of are things of) 368: quotation, we general others of or had been six specific meaning, hold their public Tex. or state, which, no mention would to be construed educational, contention of grade then and boards of trustees or think, to the section of the Constitu amendment enumerates shall enact the state boards had been or the board of may clearly particular classes, Denver, is broad those of the same language, such manner things by mentioned. Black’s Law words follow an enumer Court includes boards; the same kind with those enumerated. like applied, whether be hereafter be can with ejusdem generis made and be elected thing, and, one-third vacancies preparing state, formulated so ‘any May there is a rule of provide intended all all state or People, kind 19 Colo. enough eleemosynary included named, the school board suitable laws language, applying only the school other,’ hereafter be es but the all other such and such boards National Bank it would institutions of every descrip- regents state, county, contemplation or character.” of the educa- deem, peculiar appointed ejusdem gen like,’ approved by of the mem- their widest or 172 Ill. the consti- boards, established to include are there- offices for App. 341, appointed following such offi- law that then it the rule or class amend- and to among rule reject as to “such Ann. apti man- par con and ANTONIO INDEPENDENT DIST.-v. with, tion; pub- argued reformation in the institutions must be lic boards were force tliat all some included; was the reason for submission are num- state but there peo- adoption and its connected bers boards other ple. complaints pen- educational, There as to eleemosynary, were no such with al *3 boards of trustees state. were the the free of the of institutions of state. the statutory They people principal elected is a of construction “It (cid:127)everywhere recognized upon, not and acted dependent of no one but the voters only respect penal statutes, to with to country for their tenure of office. Th’e duties, affecting only rights civil particularly general policy only elect officersfor two designating to that where words specific things and years, and, judges, acts or are followed case of sena- general import, com associated with of tors, regents, com- and the railroad prehensively designating things, the or acts policy mission, that had not been disturbed compre or class regarded generally latter are hending to be of 1911 was submitted until amendment of the same matters kind * * * particularly parte Ex Muck stated.” adopted by people. policy to and was enfuss, R. Cr. S. W. sys- destroy spoils then disturbed to sight [2, tem connection boards our edu- fact that with the of 3] We do not lose construing cational, eleemosynary, we are a constitutional and institutions agencies provision, a boards of a state Con and the other government. two-year policy stitution terms should a con If the of not receive technical statute; in struction a is reasonable like but that rule of the Constitution terpretation ground proper, there be no for extend- should be followed carries could which apparent people ing out the enacted it. who officeof school boards from intention years. ambiguity If officers an exists two to six other should But if give language required provision, an account the which parts a constitutional stewardship consulting cannot their state, the electorate reason removed strong prior Constitution, the same would exist then state charge their remedied, school who have in and the evil citizenship commonwealth, contemporaneous history future to of circumstances an render the affairs account of their administration are to be resorted to to determine its import. of the schools and- that with each the state It is well known in state any change succeeding If their tenure of as to a there was demand administration' office, record no for the last al Texas history though political in the recent of our state. each was of the same faith other, itBut is said that the of Texas the doctrine that “to victor as. belongs spoils” rigidly applied, its construction the amendment has been by providing faithfully ably and, the Constitution matter no how members the San Antonio school affairs of the different state institutions conducted, boards, their If should hold officesfor the different prepared same ted might and submit- the members of them went out with the retir ing it, appointees, amendment had construed there Governor and with them their argument; politi be some force in the but it men and new merited reward for who Legislature, a was done different the mem- cal that, was service were rewarded. The result just acquainted con- of which bers strue men selected better as boards had become body any positions Constitution duties their with the and their haphazard throughout appointees proper give trained so as to act in state. The a local service to the administra new prepared city appointees, doubtless tion San was ushered with its raw are, passed, educating training begun laws the re- most local and the quest representatives, again. poor service, of local from state suffered without asy all, fact that reference provision Constitution. The worse than unfortunates persons living made in act for lums and the inmates of reformatories and be,eligible city prisons inefficiency bore without the burdens of inexperience bears trustees prepared internal raw recruits who were charge San But Antonio. if the -summoned take of the institutions. Legisla- competent, of the amendment faithful, struction ture of how No matter and effi given weight, superintendents - then 1913 should be cient boards general law, might that it which un- be, find vacancies must made for hench doubtedly scrutiny game politics merrily go closer and at- men, and the on. law, in which people than a local tention was Texas became tired of this con six-year by having terms for dition, state county only, mention of school submitted amendment .the boards longer boards. tenure officethan the would Governor agree proposition might appoint them, We cannot so that appointees they board are continue their in office. officers members state and of 1911 was the amendment submitted So adopted by November, that section 30a has no we conclude them any plication to but state boards. To hold will accom 1912. Whether the amendment county plish ends, not, ques- a district desired not the 173 SOUTHWESTERN REPORTER sion, institutions of would be to break and when it reached the we find Senate 10,1911, following proceed- down ty distinction state and coun that between March ings officers, precinct for all were had: they following- one because sense officers of the “Senator Meachum offered the amendment: ‘Amend House Joint Resolution Every the state. live and hold officesin by inserting “penal words, No. 9 after the every officer, justice board and from a state,” institutions of the in section peace Governor, is to some printed or constable to resolution, the words: Boards of enforcing counties, school trustees in cities extent an the state in its inde- districts, and commonschool the mem- executing purposes; laws, and city commissioners, bers of boards of boards of state. The words are not officers governing cities, aldermen boards of “institutions of the state” were doubtless which have been o-r hereafter be estab- lished law.’ On *4 motion Senator Watson acceptation, is common used in their the amendmentwas tabled.” placed upon the construction the words The Senate have must with acted the de- Legislature law when the the was fect. sire to refuse ure amendment, extension increased ten- passed put ef the amendment into of office the boards named in the- the indicate that The circumstances hypothesis and not on the used the were “institutions of state” words original the resolution included those named synonymous with “state institutions” amendment; in the if for the of resolution every board intended to embrace were not ambiguous the cause a of 1913in is so House obscure and punish education, charity, or connected with ment for succeeding Legislature pass county county in state. The the crime ques- the school in capacity board judge, acting in the of while tion, obscurity appar- such would have been may be, superintendent, in as held school Webb Senate, ent to the and the it effort to amend County Trustees, Tex. v. School disposed disposed summarily would not have agent been so “in fact the officer 65 S. the of. If the Senate opin had felt Texas ground in the state” on the stated to include all boards acting whether state or other- and not the for the state ion he is wise in never funds; the constitutional disbursing amendment it county opinion that that bfit school permitted opportunity pass- holding have an for cannot be acting to make the amendment so clear on that sub- that is not board a the school as a ject judicial agent disbursing state, construction the would never necessary. have people been representatives who elected There was them, in the The San a board. amendment to- is state the for given Constitution that could absolute control not be board is school schools of the the school city though every even and the disbursement large portion board in fund, does state had of which included in the- by amendment, necessary place- and it collected was not but is not come city. people the term board of office of the school taxation of San that, Antonio in the act which an and officer of the constituted not judgment Legisla- people board. Even if the who elected them. The state objects supervisory An ture was that the the San has tonio school agency control over amendment except by board, passage could not be attained but it is an judgment local San Antonio. It is was con- point, city county pure simple. Beyman doubt, clusive on that as is school board No held Black, 47 Tex. it is schools “are institutions of state not on- conclusive amendment, counties,” what is included in established as held Delta analysis County Blackburn, final S. W. courts must but in case be obtained. chartered inde e school district the stat surrenders rules to followed in the construc- provision, tion of a control over the schools all therein collated money belonging thereto, board, the San Antonio school are wise responsible salutary, board is to the electors in and this court has to- endeavored construing school district alone. It is not an follow each of them in institution question. of the scriptive state the sense which stitutional amendment words, those de in to In other words used in the 1912 we amend have it construe so toas give any doubts; ment to the Constitution. act the benefit of argued that, [4] It is have state we construed the amend- meant, ment in view the fact used that voters are- usually boards”; but, given- the other clude, boards, “such state law and unlearned hand, ordinary seems more the signification; reasonable to con words of amendment their specially mentioning sought, light after certain we have in the good if other boards than to be state the evils removed and the included, accomplished, Legislature, boards were should have been to arrive at the intention the- light mentioned. That no other than state boards and in the of the construc- intended, think, we from the tion the amendment journal general laws, of the State Senate of 1911. The lature we have originated journals known as amendment section 30a also of the- consulted the intent, House, in and was without discus- ascertain the mind and INDEPENDENT DIST. ANTONIO nine lution was carry viding lengthy act the intelligible though courts. of Antonio, L. Ed. less valid part. endeavors so, defining Tuesday held trict shall be as follows: together so"connected not be passed stitutional in the same tinct constitutional, Cas. 177, can be Ct. relating responsibilities. stitution tionality is the second districts. ed mainder matter, act, courts act trol for Three of said trustees shall and more in term trustees fied, 1913, four San Antonio school board. On the “Sec. 2. “Where, That doctrine Let [5] unconstitutional April, 1913, Gas 580, invalid law will whole all the until their creating said San and three of 178. 1034. trustees, statute hold Holding of school boards of with it the decision and shall hold their offices the rules Presser among to declare for 382, forced the one district the last presumed Co., possibly 29 elected depending constituting to the their separable, is unconstitutional purpose of has not Prom and after the therefore, execution binding law. L. provisions provisions and passed. Applying and three of permit 48 As said 212 U. constitutional, April, 1913, that trustees, section, not be together themselves qualified voters of said district increase Ed. under the to the conclusion six men that powers, successors L. R. A. creation of a tenure of office. Section valid consists be without and unconstitutional fall.” Illinois, separated said trustees elected in If, is attacked for unconstitu- The San* fact applied on each so that except increased S. always recognized destroyed, intent of after the school When statute hold their offices for the remainder and are the time the who shall be 54, invalid the tenure and three elected in duties, liabilities, of office for six only Willcox Cooley purpose, Judge does not void, for where which three shall hold does (N. are elected and 116 U. connected yet 29 independent school that the conforming the first of a statute even be if the courts elected, there S.) other. election portion capable of other, Sup. be school board for the term of not this case: part to trustees elected to the Cooley: the tenure of shall determine Const. elimination nine 1134, sections, void that the Con- board of San S. authorize perfectly women, Legislature, that April, 1913, these of section would Consolidat remains of office necessarily 252, Ct. held to joint two should school dis- whole called the far otherwise contained The con- local operating also, un- shall be trustees. 15 of that Lim. subject- excised the re 192, it can- 6 is un- rules, being quali- parts of stand reso- Ann. Sup. nine pro- cannot _ The dis- act do be 53 in two the nine tion makes full The elimination of the invalid officer, judges *5 voting place, nine making returns to have been elected.” notices shall be days of San a select notices no cates of election to the ure of tution tice shall be English language the act. the affairs of scribed accordance with the state law tions years voters in the 1913, of, and the issue of of the San Antonio school said school board shall incentive for of said more tions, except that said three of them shall hold their terms for four hold agraph the bill. of the trustees years. of all elections sumed that being not have ex-al declare the results terms of six cause the their terms of April, bership de expiration ed machinery ed in the tionally It will be seen that presiding said elections. All elections removed wise the law is jure returns, purpose elections, and, trustees on the second nor more than their offices for two to said elected and shall have voting places an election shall and the third or when their successors to determine the tenure of office. We by regularly published newspapers presume of section election, interferes with the qualified. On the returns of the The thereof, least one elected on It strikes down trustees, passed The election, said valid voting of their law of the election officer to hold said election at each without well the extension declaration Antonio school board until and clerks the school district as and said until their successors and make returns of said elec office dependent shall be provided by law, electing and which parts and shall take the oath that as the published would have been sufficient places; judge relegates in said passage. the board and the administration of within five the manner of of a full effect constitutional thirty days thereof, marring not been act the second paragraph publishing paragraph certificates required each hand, may board shall when three trustees and the given by and two clerks for -the presiding same, canvass increase in the mem- shall act as manner, of the results there- nothing that duly board shall for the election of three of them and said the tenure of office district; are orderly school district Tuesday ward in said us to the Consti- and issue certifi No qualified. board elected, extended to it the days thereafter, shall be held the canvass of elections under governing before the date fully prescrib- shown are less the same once paragraph removal is perfection 1 of the sec- and said no and there holding term of two second privilege means, officer shall of election. law at Every election of duly fix one or shall have set out women and than presiding form president constitu- of office shall be returns, appoint portion Notice would April, elect- elec gen- said said- pre pre- ten- and two- can ten 173 S.W.—34 REPORTER SOUTHWESTERN trustees, upon nothing con- hands of nine three of whom should the due and cloud to east a women, mere be incident and the tenure of officewas a The law the trustees. election of stitutional is fully Ex capable satis- of the law. enactment executed parte Henson, factorily carry W. 49 Tex. Cr. R. 90 S. main out para- destroyed, If invalid the law is to be the aid intent without demoralized, of San Antonio confusion and inextricable graph. Kimbrough theory created, upon opinion that the mere in the case holding Barnett, would not have enacted the 55 S. 51) Leg. clause, (Acts e. 26th law without the tenure of office some that governmental agency increas- than this court clause was invalidated upon is bas- must be called do it. It has been doubt office of the ed the tenure power upon hypothesis ed courts have the that that ed qnother passed to ob- a law the law enacted branch would length government; conceding right but, of terms tain an increase courts, supposition can doubt should be in That reasonable school trustees. —for based, dulged validity judicial hypothesis in favor of the but a —is destroyed ma- suppose, the whole should not be the fact merely presumption act former difference between terial passed of office. have tenure had the invalid of 1899 was opinion that The declaring Supreme point the left out. As said Court of destroyed Case, invalidity the the United States the Presser here- of one unsatisfactory, be- quite reasons inbefore cited: whole is ing given the law “It is a settled statement rule statutes that part only upheld will be in- not have been far as are not in with the Con- conflict creased clause. tenure stitution, prohibited the allowed and King parts separable.” opinion Rowan v. in the case of *6 (Sup.) the same was written That is the reasonable rule in Kimbrough opinion judge in the wrote the who matter. readily Case, understand that the can and we Suppose we eliminate the second part increasing of office the tenure of the law of the local we still a valid law have beyond limit would com executed; for, that can be in the absence of pletely destroy act which had no being fixed, the tenure of the Constitu- office purpose provide for the election than to office, fix tion would the term of said: trustees. The court essentially neces- would be absent that was sary. portion would the void “Without then read: The would Leg- value, that we conclude have islature would not passage 2. From and after of this “Sec. have so framed it.” act, trict shall be under the trol of nine trustees who shall be called the Antonio said San school dis- part course, management if of the law Of the invalid destroys value, act fails. In the the whole its San Antonio school board. On the second consideration, usefulness case under an election shall be destroyed impaired, and we the act is not voters of said district for purpose electing indulge right presumption the nine trustees. Notice to have the of all elections school trustees passed although that the act would have given president office. had no increased tenure of there The last act was board,” the San etc. materially different from intelligible perfectly The law would be preceding acts, it in that wo- capable of execution. board, men should be members In section there is the that “no composed the board should be any more than one woman to be particular at chosen seven, instead of besides first election after agitation changes. Knowing, do, of as we provided for, herein when three elect- equal political rights purposes ed,” it to all intents and men, those of we could reason- women with the tenure ably presume agitation that this was behind inseparably it, connected with must fall with proposition a new to have objects it. One of the chief of the act was object place the main of the law was to representation give a of three to women power pro- women the board. The object board, and that should not meet the with interference. pelling place the enactment of the law to wo- pro- men on the board was sufficient to have agent In act of a business was
cured the enactment of
law tenure of of-
salary
$2,000.
for at
In
fice had not been
in it. No
mentioned
reason
1913, the board
the act of
was authorized to
why
can be offered
would not
appoint
salary,
fix
a business
his
passed the local act without
ob-
have
noxious clause
ing
expert
required that
be an
ac-
he
and it
countant.
to office tenure. The lead-
power
object
In the act of
place
was to
domain,
granted before,
giv-
was
eminent
control of the
of San
board,
qualifications
and their
en
1 Reported
Reporter;
Southwestern
property
changed from freeholders
to
tax-
reported
opin
as a memorandum decision payers.
in the act of
The
ion in
& B. V. RY. CO. ORENBAUM
TRINITY
strip
teach-
land 7
in width
to
feet
issue
use
the additional
changes
length,
off the west side
these
and 100 feet
thereof.
All
certificates.
ers’
resulting
increasing
jury,
number
trial
There was
to
addition
providing
appellant
strip of
for three
land
in verdict
to nine and
of trustees
sought
appellee
members,
liv-
to be condemned
women to
charge
damages, which,
might
ing
under the
$400
be members
outside the
strip
changes
court,
indicate
additions
value of the
covered the
board. These
appellant,
as well as
dam-
of the members
awarded
of office
land
the tenure
age
lot,
controlling
resulting
due
to
remainder of the
factor
also,
strip;
taking
ver-
it
no doubt
therefrom the said'
appellee
$125,
never been a
rentals for
use
enacted if that feature
dict
undoubtedly
occupancy
strip
land
it.
be-
parties
Judgment
proceedings.
fore
the law whether the
condemnation
San Antonio would
followed the verdict.
drew
presented
charter
shape
assignment
complains
[1
or not.
]
it in that
first
of error
permit
judge
refusal of the trial
affirmed.
appellant
prove by appellee on cross-ex
CARL, J.,
qualification
sit in
he
his
for tax
entered his
amination that
had valued
$400,
ation
signments complain
third
as
case.
refusal
permit appellant
prove
court
county,
tax assessor of Hill
the tax
V.
ORENBAUM.
TRINITY & B.
RY. CO. v.
Hillsboro,
appellee
assessor
(No. 7270.)
ren
dering
them,
said lot for taxation
re
his
(Court
Appeals
Dallas. Feb.
of Texas.
Civil
1915.)
year 1913,
spectively, for the
valued his.
also
land at
$400.
<&wkey;202
connection with the issue
1. Eminent Domain
—Condemnation
raised,
thus
—Evidence.
from the evidence
proceeding, where
In an eminent domain
that Paschall
street
Hillsboro runs east
of the entire
the evidence as
the value
Appellee,
trial,
and west.
at the
was-
time
taken,
cel,
conflicted, plaintiff
of which was
larger
valuing
square,
sum the owner of a lot 100 feet
witnesses,
amount
than
at which
Appellant,
fronted north on Paschall street.
parcel
for taxation
ad-
listed
he
railway
proximity
appel-
whose
is in
line
missible as an admission.
lot,
constructing
lee’s
spur
a switch or
Eminent Do-
[Ed.
see
Note.—For other
*7
&wkey;>202.]
vicinity,
Dig.
upon
main,
Dig. 541;
track in that
encroached
§
Dec.
Cent.
appellee’s
lot at
the west side
least seven
<&wkey;315
Domain
2. Eminent
—Review—Harm-
length thereof,
feet
time of
and at the
less Ebror.
condemnation,
as to the
evidence
appellant
where
trial
had been
the-
taken,
land,
of which was
value of the
occupancy
strip
use and
approximately
of said
of land for
only part
jury
plaintiff
flicted, and the
awarded
years, according
four
to the-
damages claimed,
was less
the award
appellee.
testimony
Appellee,
damages
harm-
did not render
di
claimed
than
less the erroneous
exclusion of
examination,
rect
testified that
the value of
property
plaintiff
for taxation at
his
listed
$3,000,
the entire lot was
his dam
considerably less sum.
age, resulting
appellant
from the act of
Do-
see Eminent
[Ed. Note.—For
appropriating
strip
ensuing
<&wkey;>315.]
Dig.
dam
Dig.
829-833;
main,
Dec.
Cent.
age
lot,
remainder of his
reason of
Court,
County;
Appeal
Hill
District
-from
taking,
$800;
while his witnesses
Porter, Judge.
B.
Horton
Thompson
Kirkpatrick placed
such dam
against
W. G. Orenbaum
Action
age
appellant’s
But
at
witness Sat-
$500.
Railway Company,
Trinity
Valley
Brazos
&
$750,
lot
valued the
terfield
placed
entire
judg-
From a
a cross-action.
which filed
damage
appellee
$75,.
thus-
appeals.
plaintiff,
Re-
defendant
ment for
showing
conflict between all witnesses
remanded.
versed and
appellee
value;
placing a
the issue as
greater
appel-
Hillsboro,
Morrow,
&
Morrow
land than
value
his
witness-
Hillsboro,
Frazier,
&
Wear
appellant
lant.
pellee.
who testified. Then
proof
make
offered
shown
as
rejected by
court,
signments, which was
appellant
should
RASBURY,
Appellee
but which
conclude
ad
sued
J.
Boyer
Louis,
&
S. F.
'statutory
mitted.
Lucas
St.
form of
below under
the court
Ry.
441;
Co.,
G.,
parcel & T.
76 S. W.
trespass
try title
recover a
Ry.
Rector,
Hillsboro,
&
&
C.
S. F.
Co. v. Combes
town
of land situated
Tex.,
Corporation
Lumber
Burton
and for dam- S.
for rents thereof
well
al.,
City
App.
resulting
Houston
45 Tex. Civ.
ages
et
from excavations made
thereto
827; Crystal
City
R.
proximity
& N.
railway
Co.
tracks laid
there-
allega-
al.,
Appellant