Cameron v. Baker

• Decision Date: 02 January 1929
• Docket Number: (No. 8095.)
• Citation: 13 S.W.2d 119
• Parties: CAMERON, County Judge, v. BAKER et al.
• Court: Texas Court of Appeals

13 S.W.2d 119

CAMERON, County Judge, v. BAKER et al.

(No. 8095.)

Court of Civil Appeals of Texas. San Antonio.

January 2, 1929.

Rehearing Denied February 6, 1929.

Appeal from District Court, Hidalgo County; J. E. Leslie, Judge.

Application for writ of mandamus by E. B. Baker and others to compel A. W. Cameron, County Judge, to canvass certain election returns. Writ issued, and respondent appeals. Affirmed.

Geo. P. Brown, of Edinburg, for appellant.

Strickland & Ewers, of Mission, and E. A. McDaniel, of McAllen, for appellees.

FLY, C. J.

In this action appellees, E. B. Baker, A. J. Stephens, J. Wade, E. L. Etter, E. E. Black, Charles Atkins, and Worman Newton, resident taxpayers of Hidalgo county, applied for and obtained a writ of mandamus, commanding A. W. Cameron, county judge, appellant, to canvass certain election returns in regard to the incorporation of common school district No. 16, into an independent school district for free school purposes only, to be known as Ed Couch independent school district, and for the election of seven trustees.

The findings of fact of the trial judge are necessarily approved by this court, as no statement of facts appears in the record. The statement is partly copied herein, and a synopsis of the other portion is given in connection therewith:

"The relators are resident property tax paying voters in the territory hereinafter described. The respondent, A. W. Cameron, county judge of Hidalgo county, Texas, was on the 1st day of January, A. D. 1928, duly elected and is now acting and qualified county judge of Hidalgo county, Texas, was on the 1st day of January, A. D. 1928, duly elected and is now acting and qualified county judge of Hidalgo county, Texas.

"On the 2d day of January, A. D. 1928, in pursuance of a petition filed by E. B. Baker and twenty (20) other persons for such purposes, and after duly hearing and considering the same, A. W. Cameron, county judge of Hidalgo county, Texas, by order of that date called an election to be held on the 21st day of January, A. D. 1928, for the purpose of determining the question of incorporating common school district No. 16, as hereinafter described, into an independent school district for free school purposes only, to be known as Ed Couch independent school district, and for the election of seven (7) trustees pursuant to the Revised Statutes of the state of Texas in such cases made and provided, which said territory for which said election was so called for incorporating the same into an independent school district is described as follows: * * *

"The county judge of Hidalgo county, Texas, issued notice of said election as required by law and caused the same to be posted as required by law, and in the manner and for the length of time required by law. Said election was called and notice issued ordering the same to be held on the 21st day of January, A. D. 1928.

"Said election was duly held on the 21st day of January, A. D. 1928. The votes cast at said election were duly counted and tabulated, and said election judges made their written returns thereof to the said A. W. Cameron, county judge of Hidalgo county, Texas, showing results of said election, and the said judges immediately thereafter presented such returns and the ballot boxes containing said ballots to the said A. W. Cameron, county judge, who now has such returns, ballot boxes and ballots in his custody.

"A. W. Cameron, county judge of Hidalgo county, Texas, has at all times since the delivery of said returns and ballots to him, as aforesaid, failed and refused, and now fails and refuses, to canvass and to declare the results of said election.

"On the 18th day of January, A. D. 1928, after said election had been called and notice thereof given, as aforesaid, the said A. W. Cameron, county judge of Hidalgo county, Texas, did make and enter an order for the purpose of revoking said order of election theretofore issued and entered by him on the 2d day of January, A. D. 1928."

An order of County Judge Cameron, revoking the order of election made by him, is copied at length, in which it is stated that the election order was rescinded because the petition signed by E. E. Black and 20 others, on which the order for the election was based, was not signed by 20 legally qualified resident voters of common school district No. 16. The order of revocation was not served on the judges of the election until on or about 8:30 a. m. on January 21,...