Cavanaugh v. Looney
Citation | 63 L.Ed. 354,248 U.S. 453,39 S.Ct. 142 |
Decision Date | 13 January 1919 |
Docket Number | No. 107,107 |
Parties | CAVANAUGH et al. v. LOONEY, Attorney General of Texas, et al |
Court | United States Supreme Court |
Mr. Joseph Manson McCormick, of Dallas, Tex., for appellants.
Messrs. B. F. Looney and C. M. Cureton, both of Austin, Tex., for appellees.
The University of Texas is a state institution under immediate control of officers known as regents, appointed by the Governor, with its principal educational departments in Travis and Galveston counties. An act of the Legislature, approved August 30, 1911 (S. B. No. 20, c. 6, General Laws Texas) undertook to authorize the regents to purchase or condemn through proceedings in the district courts such lands within those counties as they might deem expedient for extension of campus or other university purposes. Appellants have long owned and used as a residence homestead twenty-six acres in Travis county desirable as an addition to the university grounds. Having failed in their efforts to purchase, the regents were about to meet and ask the Attorney General to institute proceedings to condemn this entire tract. Thereupon appellants instituted this proceeding against them and the Attorney General in the United States District Court seeking to restrain their threatened action——
'on the ground [ that said law conflicts with ]the Constitution of the United States, in that the defendants are thereby pretendedly authorized to take plaintiffs' property without due process of law, and plaintiffs are thereby deprived of the equal protection of the laws.'
They alleged invalidity of the act because in conflict with both state and federal Constitutions and averred:
'That unless restrained by writ for this honorable court, the said defendants constituting the board of regents of the University of Texas will, at their next meeting aforesaid, request the Attorney General to file a petition in the dis trict court of Travis county for the condemnation of their property or a part thereof under said pretended act, and that the said Attorney General, unless so restrained, will comply with said request of the board of regents, acting under said purported act, and that the filing of such petition will cause irreparable loss and damage to your petitioners by impounding their property in court pending the disposition of said proceeding and will cloud the title thereto and prevent the vending of same or any part thereof.'
The challenged act provides: That if the regents cannot agree with the owners for purchase they shall request the Attorney General to file petition in the district court of the county, describing the land, stating purpose for which desired, and praying that its value be ascertained and decree be entered vesting title thereto in the state; that upon filing such petition the owner shall be cited as in other civil causes; that at the first term thereafter the cause shall be tried by a jury upon a single issue as to the value of the land and the decision of such jury shall be final—provided there shall be a right of appeal as in other civil cases; that when the value has been ascertained and the court satisfied therewith it shall enter a decree vesting title but not until such amount together with all reasonable costs and expenses including reasonable attorney's fees shall be paid to the owner or into court for his benefit.
It is alleged that the act of 1911 especially offends the Constitution of Texas because a local law passed without the required notice; and that it...
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