Cadena v. State
| Decision Date | 22 March 1916 |
| Docket Number | (No. 5698.) |
| Parties | CADENA et al. v. STATE ex rel. LESLIE, Dist. Atty., et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Duval County; C. W. Taylor, Judge.
Suit for injunction by the State of Texas, through J. E. Leslie, District Attorney, upon the relation of John Ball and others, against L. Cadena and others, the Board of Trustees of the Benavides Independent School District, and F. Caballero and another, Managers of Election. Injunction granted, and the Board appeals. Affirmed in part, and judgment granting the injunction reversed, and judgment rendered setting aside such injunction.
Hicks, Hicks, Teagarden & Dickson, of San Antonio, for appellant.
This is a suit instituted by the state of Texas, through J. E. Leslie, district attorney in and for the Seventy-Ninth judicial district, upon the relation of John Ball, Murray Dubose, R. Driscoll, A. E. Rouse, A. J. Ayers, E. J. Rogers, and John F. Dubose, against L. Cadena, F. B. Puig, Dario Serna, Jesus Salinas, Ruperto Cadena, and Juan Saenz, the board of trustees of the Benavides independent school district, and F. Caballero and H. D. Roach, managers of election, to oust the trustees and managers from their positions and to declare void the act of the Legislature creating the school district, that the order for an election be held invalid, and that the trustees and managers of election be restrained from taking any further action and that the tax collector be restrained from collecting the maintenance tax already voted. The court adjudged the school district to be a legal and valid one, but granted an injunction to restrain the collection of taxes for 1915, because the district was not in existence on January 1, 1915. This appeal was perfected by the board of trustees. Appellees have filed no cross-assignments, and therefore the only point at issue is the action of the court in restraining the collection of the taxes for 1915.
The act creating the Benavides independent school district was approved by the Governor on March 22, 1915 (Loc. & Spec. Acts 34th Leg. c. 54), and went into effect on June 19, 1915. That act authorized the levy of taxes by the board of trustees for the issuance of bonds and a maintenance tax, and they were given the same "rights, powers, privileges and duties conferred and imposed by the general laws of this state upon the trustees of independent school districts created and organized for school purposes only under the general laws of the state." A board of trustees was elected, and in September, 1915, levied a tax of 25 cents on the $100 to supply a maintenance fund. It is not contended that the authority to levy the maintenance tax was not vested in the board of trustees; the only contention being that, as the district was not in existence on January 1, 1915, no tax could be levied for that year.
It was evidently contemplated by the Legislature that the people of the district should obtain the benefits of its creation immediately; for it is...
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