Rodriguez v. Vera

• Decision Date: 14 May 1952
• Docket Number: No. 12411,12411
• Citation: 249 S.W.2d 689
• Parties: RODRIGUEZ et al. v. VERA et al.
• Court: Texas Court of Appeals

Page 689

249 S.W.2d 689

RODRIGUEZ et al. v. VERA et al.

No. 12411.

Court of Civil Appeals of Texas, San Antonio.

May 14, 1952.

Rehearing Denied June 4, 1952.

A. J. Vale, Rio Grande City, Raymond, Algee, Alvarado, Kazen & Woods, Laredo, L. Hamilton Lowe, Austin, for appellants

S. B. Smith, Edinburg, for appellees.

NORVELL, Justice.

This is an appeal from a final decree of the District Court of Starr County declaring invalid five orders of the Commissioners' Court of Starr County, dated August 16, 1951. Appropriate injunctive relief was granted restraining said Commissioners' Court and other officials of Starr County from giving effect to such orders. Trial was to the court without a jury. Findings of fact and conclusions of law were filed and are here attacked by appellants who are the officials of Starr County affected by the injunction.

The stricken orders relate to the consolidation of justice precincts and election precincts in the western portion of Starr County, together with a change in polling places.

The subjoined map shows Election Precincts Nos. 5, 6 and 7 of the County as they existed prior to the orders passed on April 16, 1951. The Rio Grande and U. S. Highway No. 83 is also indicated, as well as the settlements and towns of Roma, El Saens and Escobares.

The polling places for Election Precincts Nos. 5 and 6 were located at Escobares and Roma, respectively. Justice Precinct No. 5 was the same as Election Precinct No. 5. Justice Precinct No. 2 embraced Election Precincts Nos. 6 and 7.

The orders held invalid by the district court purported to (1) consolidate Election Precincts Nos. 5 and 6, and designate the consolidated precinct as No. 6; (2) designate a place in El Saenz as the polling place for new Election Precinct No. 6; (3) consolidate Justice Precinct No. 5 with Justice Precinct No. 2, and designate the new justice precinct as No. 2; (4) fix the places for and prescribe the times for holding terms in new Justice Precinct No. 2; and (5) appoint Daniel Guerra and Jose Pilon (justice of the peace and constable of old Precinct No. 2) justice of the peace and constable, respectively, of new Justice Precinct No. 2.

The supervisory control over commissioners' courts vested in the district courts by our constitution (Article 5, § 8 Vernon's Ann.St.Const.), has been discussed in numerous appellate decisions. Orders of commissioners' courts relating to matters within their jurisdiction are presumedly valid. The establishment of election precincts and justice precincts admittedly lie within the jurisdiction of the commissioners' courts. Const. art. 5, § 18, Article 2933, Revised Statutes, 1925, § 12, 1951 Election Code, Article 2.04, Election Code, Vernon's Ann.Civ.Stats. In Tarrant County v. Shannon, 129 Tex. 264, 104 S.W.2d 49, it was said that:

'The appellate courts have repeatedly held that the judgments of commissioners' courts in all matters over which they are given jurisdiction by the Constitution and statutes are entitled to the same consideration as those of other courts provided for by the Constitution. Schiller v. Duncan, Tex.Civ.App., 21 S.W.2d 571; Williams v. Ball, 52 Tex. 603, 36 Am.Rep. 730; Bradford v. Moseley, Tex.Com.App., 223 S.W. 171.

'It is equally well settled that the supervisory power of the district court over the judgments of a commissioners' court, as authorized by article 5, section 8, of the Constitution, and article 1908 of the Revised Civil Statutes, can only be invoked when it acts beyond its jurisdiction or clearly abuses the discretion conferred on it by law. Haverbekken v. Hale, County Judge, et al., 109 Tex. 106, 204 S.W. 1162; Oden v. Barbee, 103 Tex. 449, 129 S.W. 602; Bourgeois v. Mills, 60 Tex. 76; Currie v. Glasscock County, Tex.Civ.App., 183 S.W. 1193; Schramm v. Knolle, Tex.Civ.App., 240 S.W. 612; Schiller v. Duncan, supra.'

See also, Cannon v. McComb, Tex.Civ.App., 268 S.W. 999; Davisson v. Eastland County, Tex.Civ.App., 6 S.W.2d 782, affirmed in Eastland County v. Davisson, Tex.Com.App., 13 S.W.2d 673; King v. Falls County, Tex.Civ.App., 42 S.W.2d 481; Hidalgo County v. Johnstone, Tex.Civ.App., 137 S.W.2d 825; Ham v. Garvey, Tex.Civ.App., 155 S.W.2d 976.

It has been said that an order of the commissioners' court cannot be considered as so arbitrary as to constitute an abuse of discretion if it be reasonably supported by substantial evidence. Railroad Commission v. Shell Oil Co., 139 Tex. 66, 161 S.W.2d 1022; Patillo v. County School Trustees of Wilson County, Tex.Civ.App., 235 S.W.2d 924.

When these tests are applied to the facts disclosed by the evidence, we believe it apparent that the trial court erred in setting aside the orders relating to the consolidation of the justice precincts.

The constitution provides that the commissioners' court shall divide the county into justice precincts 'for the convenience of the people'. Const., Article 5, § 18. In so doing, the commissioners' court exercises a discretionary power. Consequently, in order to invalidate an order consolidating justice precincts it must be shown to be of an arbitrary nature under the test of convenience of the people. Here it is not shown that within the area of the new consolidated justice precinct (No. 2) that there is need for another justice of the peace or constable to serve the 'convenience of the peopel.' It is not shown that the population, the number of civil and criminal cases within the jurisdiction of the justice court, difficulties of travel or communication are such as would require two justice precincts.

What has been said with reference to a consolidation of the justice precincts is likewise true of the election precincts involved. It appears that a re-arrangement of election precincts in Starr County was effected in 1947, but that order is not here directly attacked. The voting strength of the present consolidated precinct is about 1,000, as indicated in the 1950 Democratic primary election. It appears that there are other election precincts in the county comparable in size, although the new consolidated precinct would be among the larger ones of the county. We cannot say that the consolidation of voting precincts effected by the commissioners' court is wholly arbitrary and unreasonable.

However, the facts relating to the location of the polling place within the new consolidated election precinct present a different situation. While the town of Los Saenz is located between Escobares (the polling place of old election precinct No. 5) and Roma (the polling place of old election precinct No. 6), it appears that the building known as the Veterans' School is not suitable for a polling place serving the large number of voters residing in the new consolidated election precinct. The trial judge's description of the proposed polling place and its environs is as follows:

'I find that Highway 83, which is the highway from east to west through Starr County, runs along the northern edge of the Community of Los Saenz, which is bisected by narrow dirt streets; that voters from other localities going to said Veterans' School to vote would have to approach and enter Los Saenz over said Highway; that said school building is on the South side, almost the extreme south edge of Los Saenz, about six blocks from the highway, and that principal approach from the highway to the school building is over a narrow, unpaved street. The building is on a corner, both streets passing the same, north to south, and east to west, are very narrow, ranging in width from 22 feet to 29 feet clearance, and on most of the corners of the streets, at least 75% of them, are houses plumb up to the streets. Los Saenz is purely a residential community. In the vicinity of the school building, many children are accustomed to play in the...