Canales v. Laughlin

• Decision Date: 20 October 1948
• Docket Number: No. A-1768.,A-1768.
• Citation: 214 S.W.2d 451
• Parties: CANALES et al. v. LAUGHLIN et al.
• Court: Texas Supreme Court

Page 451

214 S.W.2d 451

CANALES et al. v. LAUGHLIN et al.

No. A-1768.

Supreme Court of Texas.

October 20, 1948.

Rehearing Denied November 17, 1948.

Error to Court of Civil Appeals of Fourth Supreme Judicial District.

Suit for injunction by Gus Canales and others, against C. Woodrow Laughlin, and others. To review a judgment of the Court of Civil Appeals, 213 S.W.2d 167, affirming a judgment of dismissal, the plaintiffs bring error.

Reversed and rendered.

Perkins & Floyd and Carmel F. Davis, all of Alice, for petitioners.

Robert Lee Bobbitt, of San Antonio, and Frank B. Lloyd, Dist. Atty., and Homer E. Dean, Co. Atty., both of Alice, for respondents.

HART, Justice.

Gus Canales, individually and as Commissioner of Precinct Four of Jim Wells County, and Albert D. Gartner and eight other tax-paying citizens of that county brought this suit against the County Judge, the remaining members of the Commissioners Court and certain other county officials to enjoin the expenditure of county funds pursuant to a resolution adopted by the Commissioners Court creating the office of County Road Unit Administrative Officer and employing respondent Bryan Patterson to fill such office. In general, the resolution was attacked as being beyond the legal authority of the Commissioners Court. The District Court sustained special exceptions to the plaintiffs' petition, holding in effect that the Commissioners Court had acted within its legal powers, and entered a judgment of dismissal. This judgment was affirmed by the Court of Civil Appeals. 213 S.W.2d 167.

The resolution of the Commissioners Court which is attacked by this suit reads as follows:

"In the Matter of the Appointment of a County Road Unit Administrative Officer

"Minutes of the Court

"Dated: February 2nd, 1948

"Filed:

"Recorded: Vol. 4, pp. 448-450

"Commissioners' Court Minutes

"Jim Wells County, Texas

"The State of Texas

"County of Jim Wells

"Be it remembered, that on the 2nd day of February, 1948, there was begun and held a Special Session of the Commissioners' Court of Jim Wells County, Texas, with the following members present, towit:

                                "C. Woodrow Laughlin       County Judge
                                "Dan J. Scruggs            Commissioner, Precinct No. 1
                                "T. E. Patterson           Commissioner, Precinct No. 2
                                "Max Seim                  Commissioner, Precinct No. 3
                                "Gustavo Canales           Commissioner, Precinct No. 4
                

"The Commissioners' Court was opened by proclamation of the Sheriff at the Court-house Door as prescribed by law; where-upon the following business was transacted:

"It was moved by Commissioner Scruggs and seconded by Commissioner Patterson that the following order and resolution be passed:

"Whereas, Jim Wells County, due to the rapid development of its natural resources and the discovery of large oil and gas fields in the county and due to the rapid increase of its population and vehicular traffic on the county roads, is confronted with a greatly increased necessity and demand for building and maintaining roads for the public welfare and benefit;

"Whereas, the Commissioners' Court finds that a unified program of building and maintaining roads for the County as a whole will be more efficient and economical and will result in better road construction and maintenance than will result from the present system of allowing each precinct to construct, build and maintain its roads without regard to each other precinct and the County as a whole;

"Whereas, the Commissioners' court has investigated and considered the relative merits of county unit road building and maintenance and the existing precinct system and has determined that Jim Wells County should build, operate and maintain roads as a unit:

"Now, therefore, the Commissioners' Court orders and decrees:

"(1) That from and after this date the roads in Jim Wells County shall be built, operated and maintained as a unit and that the unit system of operation for road building and maintenance is adopted by the County.

"(2) The construction and maintenance of county roads, the ownership and use of all county road equipment, materials and supplies and the administration of all employees of the County engaged in road construction or maintenance shall be on the basis of the County as a whole without regard to Commissioner's Precincts.

"(3) The Commissioners' Court shall employ a competent and capable person who shall be known as Jim Wells County Road Unit Administrative Officer who shall have supervision of all road building and maintenance in Jim Wells County and who shall employ and discharge all County road employees.

"(4) The Commissioners' Court shall deal with all county road personnel and employees through the County Road Unit Administrative Officer.

"(5) The County Road Unit Administrative Officer shall give bond in such amount and surety as may be approved by the Commissioners' Court. The premium on such bond shall be paid by the County. The County Road Unit Administrative Officer shall take an official oath of office.

"(6) Before any claim covering the purchase of equipment, materials, supplies and services, the salaries and wages for employees, for work on or in the construction of the roads of the County, shall be approved and ordered paid by the Commissioners' Court, the County Road Unit Administrative Officer shall certify in writing to the correctness of the claim.

"(7) No claim or bill for the purchase of equipment, materials, supplies and services for the roads or fences therefor shall be paid by the Commissioners' Court unless prior to the purchase thereof the recommendation therefor and approval thereof has been obtained from the County Road Unit Administrative Officer.

"Upon the vote being called for, Commissioners Scruggs and Patterson voted `aye' and Commissioners Canales and Seim voted `no', whereupon the vote being tied, County Judge Laughlin voted `aye' and the resolution was duly carried.

"It was moved by Commissioner Seim and seconded by Commissioner Patterson, that Bryan Patterson be appointed County Road Unit Administrative Officer at a salary of $390.00 per month, upon his giving bond as required by law in the amount of $12,000.00. Motion unanimously carried.

"Whereupon, Bryan Patterson tendered his resignation as Tax Collector-Assessor of Jim Wells County; whereupon, it was moved by Commissioner Canales and seconded by Commissioner Seim that his resignation be accepted and that Jack T. Gladney, Jr., be appointed County Tax Collector-Assessor upon his qualifying and taking the oath as required by law, and that Bryan Patterson continue to serve until Mr. Gladney has qualified. Motion unanimously carried.

"There being no further business to be transacted at the Special Session this 2nd day of February, 1948, the Court unamimously agreed to adjourn until the next regularly scheduled meeting thereof.

                   "Approved: C. Woodrow Laughlin
                                    "County Judge."
                

In determining the validity of the action of the Commissioners Court, we must consider the relevant constitutional and statutory provisions granting and delimiting its powers. Article V, Section 18, of the Texas Constitution provides that the Commissioners Court "shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed." Article XI, Section 2, provides that the construction of bridges and the laying out, construction and repairing of county roads shall be provided for by general laws.

The Constitution does not confer on the commissioners courts "general authority over the county business" and such courts can exercise only such powers as the Constitution itself or the statutes have "specifically conferred upon them". See Mills County v. Lampasas County, 90 Tex. 603, 606, 40 S.W. 403, 404; Anderson v. Wood, 137 Tex. 201, 203, 152 S.W.2d 1084, 1085. While the commissioners courts have a broad discretion in exercising powers expressly conferred on them, nevertheless the legal basis for any action by any such court must be ultimately found in the Constitution or the statutes.

There are no constitutional provisions relevant to this case except those we have referred to above. We must therefore examine the statutes to ascertain whether expressly or by necessary implication the Commissioners Court was authorized to do what it did in this case.

Article 2351, Vernon's Annotated Civil Statutes, provides that each commissioners court shall:

"* * *

"3. Lay out and establish, change and discontinue public roads and highways.

"* * *

"6. Exercise general control over all roads, highways, ferries and bridges in their counties."

Article 6703, Vernon's Annotated Civil Statutes, provides in part: "The commissioners court shall order the laying out and opening of public roads when necessary, and discontinue or alter any road whenever it shall be deemed expedient."

Article 6713, Vernon's Annotated Civil Statutes, provides in part that: "Except when road commissioners are employed, the county commissioners shall be supervisors of public roads in their respective counties, and each commissioner shall supervise the public roads within his commissioners precinct once each month."

Article 6736, Vernon's Annotated Civil Statutes, reads as follows: "All moneys appropriated by law, or by order of the commissioners court, for working public roads or building bridges, shall be expended under the order of the commissioners court, except when otherwise herein provided, and said court shall from time to time make the necessary orders for utilizing such money and for utilizing convict labor for such purposes."

General authority to employ agents is conferred on the commissioners courts by the provisions of Article 1580, which reads as follows: "The commissioners court may appoint an agent or agents to make any contract on behalf of the county...