Ex Parte Hughes

• Decision Date: 07 June 1939
• Docket Number: No. 7584.,7584.
• Citation: 129 S.W.2d 270
• Parties: Ex parte HUGHES.
• Court: Texas Supreme Court

129 S.W.2d 270

Ex parte HUGHES.

No. 7584.

Supreme Court of Texas.

June 7, 1939.

COPYRIGHT MATERIAL OMITTED

Ex parte habeas corpus proceeding by Emery H. Hughes.

Relator discharged.

Walter Greig, William Yelderman, and Cofer & Cofer, all of Austin, for Hughes.

Everett L. Looney, of Austin, Gerald C. Mann, Atty. Gen., A. S. Rollins, Benjamin Woodall, and Ross Carlton, Asst. Attys. Gen., and Paul T. Holt, Co. Atty., of Austin, for respondent.

CRITZ, Justice.

The Attorney General of Texas and the County Attorney of Travis County, in their official capacities, are prosecuting a civil suit in the 53rd District Court of such county in the name of the State of Texas against J. Lee Wilson, and numerous other defendants, some natural and others corporate. Emery H. Hughes, relator here, is one of such defendants. The State's petition in the district court is rather lengthy. So far as pertinent to any law question here involved, it alleges, in substance, that the numerous defendants named therein, and each of them, including this relator, are engaged, in Travis County, Texas, in the unlawful business of lending money to numerous persons at usurious and unconscionable rates of interest. In this regard it is alleged that such defendants, and each of them, are engaged in the business of lending money to numerous persons and parties, and charging and collecting rates of interest therefor, ranging from 120 to 1200 per cent. per annum. It is alleged that these loans usually range in amounts of $100 and less. It is also alleged in the petition that when the customers of the defendants, and each of them, fail to pay their loans, including such usurious interest charges, defendants, and each of them, employ methods of collection that are unusual and harsh. In this regard it is alleged that the defendants constantly nag and harass such delinquent borrowers by calling them over the telephone. It is also alleged that the defendants, and each of them, list such delinquent borrowers with a certain credit reporting agency as delinquent borrowers, and thereby injure and destroy their credit. It is further alleged that the acts of the defendants in lending money at rates of interest which are in violation of the Constitution and laws of this State constitute a public nuisance, which ought to be prohibited and enjoined by the district court at the instance and suit of the State. It is further alleged that the defendants, and each of them, have failed to pay certain taxes, but this part of the State's petition has no bearing on this habeas corpus action. Simply stated, so far as pertinent here, the prayer in the district court is for injunction, temporary and permanent, against defendants, and each of them, including this relator, enjoining them, and each of them, from charging or collecting interest at a rate of more than 10 per cent. per annum, and for a receivership to take charge of the assets of each and all of these defendants.

It appears that the district court was conducting a trial on the State's prayer for a temporary injunction. While such trial was in progress, this relator was duly called and sworn as a witness for the State. Relator was then, in open court, asked to produce the records called for by two subpoenas duces tecum theretofore issued out of such court and served upon him, said records being "all books, records, documents, papers, memoranda, letters, notes, releases, applications, cards, daily reports, and monthly reports respecting transactions that the said Emery Hughes had had with certain persons named in the subpoenas duces tecum, the said Emery Hughes being in possession of said records." When asked to produce the above-named records, this relator admitted that both the above-mentioned subpoenas had been served upon him. In spite of this, he declined to produce the same. The court then ruled that relator should produce such records. Relator again refused. As we understand it, relator was not personally disrespectful to the court. He simply refused to produce such records under the circumstances above detailed. The court then adjudged relator in contempt and ordered him committed to jail without bail until such time as he shall have purged himself of contempt by consenting, in open court, to produce the records above referred to. Relator was then taken in charge by the Sheriff of Travis County, and confined in jail. He then applied to this Court for a writ of habeas corpus, contending that he was being illegally restrained of his liberty. The writ was granted by us, and relator ordered released on bail, pending our final decision of his application. The habeas corpus case in this Court has been duly submitted, and is now before us for final action.

It is the settled law of this State, and the law generally, that a habeas corpus proceeding to secure release from restraint of a person committed to jail for contempt of court, under a contempt judgment duly entered and the commitment duly issued, is a collateral attack upon such contempt judgment. It is further the settled law of this State that the relator in such habeas corpus proceedings will be refused any relief, unless it appears from the record that the court entering the judgment was without jurisdiction to do so. It follows that in this case in order for us to release relator, we must find that the district court had no jurisdiction to adjudge him in contempt.

As already stated, it appears from the record before us that the Attorney General and the County Attorney of Travis County have filed a suit in the name of the State in the district court of such county against numerous defendants, including this relator, to enjoin such defendants, and each of them, from violating the usury laws of this State by charging and collecting more than 10 per cent. per annum simple interest on any loan or loans heretofore, or hereafter, made by such defendants, and each of them. This relator was adjudged guilty of contempt of court for refusing to produce his books and records concerning his loan business in this county in the trial of such cause in the district court on the State's prayer for temporary injunction. If the Attorney General or County Attorney, or both of them, have the right or power to institute and prosecute such suit in the district court, such court has power or jurisdiction to grant the injunctive relief sought. On the other hand, if neither the Attorney General nor the County Attorney has the right or power to institute and prosecute such suit in the district court, it must follow that the district court is without jurisdiction to grant the injunctive relief sought. If the district court was, and is, without jurisdiction to grant the relief sought, it is, and was, without jurisdiction to punish this relator for refusing to produce his books and records on the attempted trial of such injunctive issue.

An injunction is a remedial writ which courts issue for the purpose of enforcing their equity jurisdiction. 32 C.J., p. 19. In such cases jurisdiction must exist before the writ can issue.

In England chancery courts exercise nonjudicial, as well as judicial, powers; but our equity courts possess only judicial powers. Allred v. Beggs, 125 Tex. 584, 84 S.W.2d 223.

It is the general rule that a court of equity will not enjoin an act except at the instance of a party interested in the decision. 32 C.J., p. 85.

Under our Constitution our government is divided into three co-ordinate branches,—that is, into three distinct departments; the legislative, the executive, and the judicial. No person, or persons, being of one of these departments of government, can exercise any power properly attached to either of the other departments, except where especially authorized by the Constitution itself. Section 1, Article 2, Texas Constitution, Vernon's Ann. St. From the above it is fundamental that the judicial and executive departments of government are without legislative powers, unless such powers be constitutionally conferred. It is also fundamental that neither the judicial nor the executive branch of the government can create remedies or causes of action.

Under our judicial system our courts have such powers and jurisdiction as are defined by our laws constitutional and statutory. Under our system there is no such thing as the inherent power of a court, "if, by that, be meant a power which a court may exercise without a law authorizing it." Messner v. Giddings, 65 Tex. 301. Of course, jurisdiction is granted by law when it is either directly conferred or ought to be implied from the jurisdiction directly granted. In other words, our courts have such powers and jurisdiction as are directly provided by law, and, in addition thereto, they have such further powers and jurisdiction as are reasonably proper and necessary,—that is, as ought to be inferred, from the powers and jurisdiction directly granted. Generally speaking, we think the above rule applies to every other department of the State government. They have such powers, and such powers only, as are expressly conferred on them by law, constitutional and statutory, and as ought to be inferred or implied from the powers directly conferred.

Our courts of equity, as such, have no jurisdiction to entertain suits to enjoin the commission of acts merely because such acts constitute crimes or penal offenses under penal laws. This is because equity is not concerned with the enforcement of penal or criminal statutes. When the State, through its proper officers, invokes the jurisdiction of a court of equity to abate a nuisance, it must be shown either that the action is directly authorized by some constitutional or statutory law, or that such nuisance is an injury to the property or civil rights of the public at large,—that is, to the public generally. State v. Patterson, 14 Tex.Civ.App. 465, 37 S.W. 478; State ex rel. Shook v. All Texas Racing Ass'n, 128 Tex. 384, 97 S.W.2d 669; Allred v. Beggs, 125 Tex....