Bell County v. Lightfoot

• Decision Date: 20 June 1911
• Citation: 138 S.W. 381
• Parties: BELL COUNTY v. LIGHTFOOT, Atty. Gen.
• Court: Texas Supreme Court

138 S.W. 381

BELL COUNTY v. LIGHTFOOT, Atty. Gen.

Supreme Court of Texas.

June 20, 1911.

Petition by Bell County for a writ of mandamus to Jewel P. Lightfoot, Attorney General. Writ of mandamus issued.

A. L. Curtis, for Realtor. Jewel P. Lightfoot, Atty. Gen., E. B. Robertson, and S. F. Caldwell, Asst. Atty. Gen., for respondent.

BROWN, C. J.

Realtor seeks a writ of mandamus to the Attorney General requiring him to approve an issue of bonds by the county for the sum of $1,990. The order by the commissioners' court of Bell county is in proper form, was regularly adopted by said court, and contains this recital: "Be it ordered by the commissioners' court of Bell county that the bond of said county to be called `Bell County Bridge Repair Bond' be issued under and by virtue of articles 877 et seq., Revised Statutes 1895, article 877, being amended by First Called Session of the Twenty-Eighth Legislature 1903, and also section 4 of chapter 149, Acts of the Twenty-Sixth Legislature, Laws 1899, for the purpose of repairing the following bridges." The order provided in a proper manner for the payment of interest and for the expenditure of the fund. The proposition was not submitted to the voters of the county. The county issued the bonds and presented them to the Attorney General for his approval, who refused to approve them, assigning the following reasons: "First. That no express authority is conferred upon a county to issue bonds for bridge repair purposes, and that therefore the county has no power under law to issue such bonds. Second. That if such authority is conferred, and if such power does exist, that Bell county has exhausted the same by heretofore in preceding bond issues, issued bond for such purposes in excess of $2,000. A copy of respondent's letter declining to approve said bonds is here to attached, marked `Exhibit A,' and made a part of this petition." The respondent filed a general demurrer, which raises the issue of law that the bonds were not issued in accordance with the law.

Article 877 reads: "The county commissioners' court of any county in this state is hereby authorized and empowered to issue the bonds of said county for the following purposes: (1) For the erection of a county courthouse and jail or either. (2) For purchasing or constructing bridges for public purposes within the county or across a stream that constitutes a boundary line of the county, or for the purpose of improving and maintaining the public roads in the county; provided, that this act shall not be construed as authorizing the commissioners' court to issue bonds for any of the said purposes without submitting the same to a vote of the people of said county as provided in chapter 149, Acts of the Twenty-Sixth Legislature, Laws of 1899; provided further that when the commissioners' court deem it advisable to issue bonds for both the purchase and construction of bridges and the improvement and maintenance of the public roads, both questions may be submitted and voted on as one proposition." Laws 1903, 28th Leg., First Called Sess., p. 9.

The method of issuing the bonds is prescribed by the following provisions of the statute. (Laws 1899, c. 149):

"Art. 918h. Hereafter it shall be unlawful for the commissioners' court of any county, or the city council of any incorporated town or city in this state, to issue the bonds of said county, or town or city, for any purpose authorized by law, unless a proposition for the issuance of such bonds shall have been first submitted to a vote of the qualified voters, who are property taxpayers of said county, town or city, and unless a majority of the said qualified property taxpayers, voting at said election, is in favor of the proposition for the issuance of bonds, then the said bonds shall not be issued. If the proposition for the issuance of bonds be sustained by a majority of the said property taxpayers, voting at said election, then the said bonds shall be authorized and shall be issued by the said commissioners' court, or said town or city council; provided, that this act shall not be construed to authorize and render valid...