Hidalgo County Water Imp. Dist. No. 2 v. Blalock

• Decision Date: 17 April 1957
• Docket Number: No. A-6239,A-6239
• Citation: 301 S.W.2d 593,157 Tex. 206
• Parties: HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 2 et al., Relators, v. Honorable W. R. BLALOCK, Judge of the 93rd District Court of Hidalgo County, Texas, et al., Respondents.
• Court: Texas Supreme Court

Page 593

301 S.W.2d 593

157 Tex. 206

HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 2 et al., Relators, v. Honorable W. R. BLALOCK, Judge of the 93rd District Court of Hidalgo County, Texas, et al., Respondents.

No. A-6239.

Supreme Court of Texas.

April 17, 1957.

Rehearing Denied May 22, 1957.

Sharpe, Cunningham & Garza, Browns ville, Gibbon, Klein & Ferrero, Harlingen, Crain & Colvin, San Benito, Sawnie B. Smith, Edinburg, Hill, Lochridge & King, Mission, Ewers, Cox., Toothaker, Elick & York, McAllen, Strickland, Wilkins, Hall & Mills, Mission, for relators.

W. R. Blalock, Judge of 93rd Judicial District Court, Mission, pro se, for respondents.

Will Wilson, Atty. Gen., James N. Ludlum, First Asst. Atty. Gen., James W Wilson, Asst. Atty. Gen., for State of Texas.

HICKMAN, Chief Justice.

By this original proceeding relators seek a writ of mandamus directing and requiring Honorable W. R. Blalock, Judge of the 93rd District Court of Hidalgo County, to proceed to the trial of cause No. B-20,576 on the docket of that court. The sole question involved is whether Judge Blalock is disqualified to try the case under Article V, Section 11, of our State Constitution, Vernon's Ann.St., more specifically under that provision thereof reading as follows: 'No judge shall sit in any case wherein he may be interested, * * *.' It is not claimed that he is disqualified on any other ground.

This court has jurisdiction to issue a writ of mandamus to compel a district judge to proceed to trial and judgment. Constitution of Texas, Article V, Section 3; Revised Civil Statutes, 1925, Articles 1733 and 1734. The Court of Civil Appeals also has jurisdiction to issue a writ of mandamus for that purpose. Revised Civil Statutes, 1925, Article 1824, Vernon's Ann.Civ.St. art. 1824.

In Dallas Railway & Terminal Co. v. Watkins, 126 Tex. 116, 86 S.W.2d 1081, we announced the rule that, owing to the great volume of business coming before this court it will not entertain jurisdiction of an original mandamus proceeding in a case where like jurisdiction is conferred upon a Court of Civil Appeals, unless it is made to appear that relief was first sought in that court. That rule will not be followed in a case like the instant one, where the question involved is of great importance to the State as a whole. State v. Ferguson, 133 Tex. 60, 125 S.W.2d 272.

The relators are a number of water improvement districts and water control and improvement districts in Hidalgo and Cameron Counties. The respondents, besides Judge Blalock, are a number of water control and improvement districts, navigation districts, the City of Laredo, a number of citizens of Webb, Zapata, Starr, Hidalgo, and Cameron Counties, and also the Board of Water Engineers of the State of Texas.

It is made to appear by the statement of Judge Blalock that he is the owner of a home in the city of Mission, consisting of four lots and a twenty-foot strip of land lying between two of the lots; that he has resided on said property as a home since three of the lots were acquired by him in 1939; and that his property also lies within one of the porciones which abut on the Rio Grande, his home being situated some three miles from the Rio Grande. Judge Blalock purchases water from Hidalgo County Water Control and Improvement District No. 14 for irrigating his lawn and certain citrus trees on the property, which trees serve the dual purpose of shade trees and trees which produce fruit, principally for family use. For that service he pays the District $5 each time he uses its water. He has installed an underground pipe line system to transport water directly from the District's canal to his property. His home id connected with the water system of the City of Mission and water for household purposes is supplied by the City. When water is not available in the District's canal to irrigate his lawn, he purchases water from the City of Mission to irrigate it. He considers the system which he has installed for irrigating with water purchased directly from the District to be more convenient, economical, and efficient than irrigating with water purchased from the City.

Judge Blalock's commendable attitude in the case is reflected by his reply to the Application for Mandamus, from which we quote:

'I have no desire to evade the trial of the above entitled and numbered cause if I am not disqualified to try such case. However, in view of the magnitude of the expenditure of both labor and money required to try such case, I felt that I should decline to try the same if I had any doubt as to my qualifications to try the case. As set forth in the certificate, I am furnished water for irrigation of my city property by Hidalgo County Water Control and Improvement District No. 14, and I am of the opinion that a benefit will be derived by me if it should be determined that the water district from whom I purchase water has a prior right to water over other wator districts and users who are parties to this case; similarly, a detriment will be suffered by me if it should be determined that Water District No. 14 is not entitled to a priority to the use of water over other water districts in this case. Such question of priority of such district is an issue in this case, and will have to be decided.'

At the hearing in which Judge Blalock announced his disqualification he made the following statement:

'I am aware of the fact that the decision of the question of my qualification or disqualification to try this case will have far-reaching consequences. In the first place, experience has shown us that it is next to impossible to find a Judge residing in another section of the State who can come here and try this case. Most of you are entirely familiar with all of the reasons why this is true, so I think it is not necessary for me to enumerate them at this time. But this is a case that ought to be tried and disposed of as soon as possible. It is a matter of common knowledge that the very economy of the great and populous area involved in this suit is dependent upon the waters of the Rio Grande River for its very existence. It is also a matter of common knowledge that controversy exists between the various users of the water of the Rio Grande River as to their respective rights to such water, and they are serious and material. They affect the values to be placed upon thousands of acres of fertile soil, and they affect the future planning of a great population. The...