Terrell v. Sparks

• Decision Date: 22 March 1911
• Citation: 135 S.W. 519
• Parties: TERRELL v. SPARKS, State Treasurer.
• Court: Texas Supreme Court

Page 519

135 S.W. 519

TERRELL v. SPARKS, State Treasurer.

Supreme Court of Texas.

March 22, 1911.

Mandamus by the people, on the relation of John L. Terrell, against Sam Sparks, State Treasurer, to compel payment of a warrant. Peremptory writ issued.

V. L. Brooks and C. A. Leddy, for relator. N. A. Stedman, for respondent.

BROWN, C. J.

At the first called session of the Thirty-First Legislature of the state of Texas, this statute was enacted:

"Be it enacted by the Legislature of the state of Texas:

"Section 1. For the purpose of enforcing any and all laws of the state of Texas, and for the purpose of paying any and all necessary expenses in bringing suits or paying expenses in prosecuting same, there is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of $25,000.00 or so much thereof as may be necessary, to be expended under the direction of the Attorney General by and with the approval of the Governor, and to be paid upon warrants drawn by the comptroller of public accounts on vouchers approved by the Attorney General.

"Sec. 2. The fact that adequate provision has not been made for the recovery of lands belonging to the public schools and other lands of the state of Texas and for the enforcement of the laws of this state concerning public lands, the pendency of a great number of suits brought by the Attorney General for the recovery of many thousands of acres of land embraced by the terms of this act, which suits will come to trial in the near future, create an emergency and an imperative public necessity requiring that the constitutional rule which provides that bills shall be read on three several days be suspended and said rule is hereby suspended, and that this act take effect and be in force from and after its passage, and it is so enacted. Approved April 20, 1909." (Laws 1909, c. 21.)

On the 27th day of December, 1910, T. M. Campbell, being then Governor of the state, and Jewel P. Lightfoot, being Attorney General of the state of Texas, the following instrument was executed by the said officers and relator, Terrell:

"The State of Texas, County of Travis.

"These presents witnesseth: That we, Jewel P. Lightfoot, Attorney General of the state of Texas, and John L. Terrell of the county of Dallas, state of Texas, have this day entered into the following contract and agreement, witnessing:

"I. That I, John L. Terrell, in consideration of the sum of one thousand six hundred and sixty-six dollars and forty ($1,666.40) cents to be paid to me by the state of Texas in monthly instalments of two hundred eight dollars and thirty cents ($208.30) on the last day of each month out of an appropriation made by the Legislature of the state of Texas under an act approved April 20, 1909, entitled `An act making an appropriation for the enforcing of any and all laws of the state of Texas, and for the purpose of paying any and all necessary expenses in bringing and prosecuting suits or paying expenses in prosecuting same, providing the manner of expending such appropriation and declaring an emergency,' do hereby agree and obligate myself as follows:

"(a) To render my professional services as an attorney at law under the direction of the Attorney General of Texas in enforcing any and all laws of the state of Texas, beginning January 1st, 1911, and ending August 31, 1911; and

"(b) To represent the state of Texas as special counsel under the direction and control of the Attorney General of Texas in the following suits now pending in the district courts of Travis county, Texas, to wit:

                No. 24873   State of Texas vs. W. D. Hart
                No. 25341   State vs. Hosea L. Gallardo et al
                No. 25384   State vs. Spencer Elza et al
                No. 25383   State vs. Arthur Thomas et al
                No. 25633   State vs. John Brown
                No. 25635   State vs. Moses Jiner et al.
                No. 25638   State vs. Frank Mayfield et al.
                No. 25640   State vs. Gregario Biscano et al.
                No. 25643   State vs. David Chicom et al.
                No. 25645   State vs. David Olgin et al.
                No. 25647   State vs. Miguel Delgado.
                No. 25648   Monico Delgado.
                No. 25650   W. A. Mims et al.
                No. 25655   S. Ardoil et al.
                No. 25656   E. O. Lochousen et al.
                No. 25657   G. C. Taylor.
                No. 25962   H. C. McCarty.
                No. 25981   Amanda Lincoln et al.
                No. 25666   Ponciano Villaloboz et al.
                No.   965   Francisco Salario et al.
                No. 26027   Julia A. McLean et al.
                

"And such other and further suits as the Attorney General may file for the enforcement of the laws. Such representation and service to be limited, however, to the life of this contract, i. e. until August 31, 1911.

"II. That I, Jewel P. Lightfoot, Attorney General of the state of Texas, in consideration of the foregoing agreement and obligation on the part of said John L. Terrell, do hereby appoint and employ the said John L. Terrell as special counsel to perform the services set out in paragraph one of this contract.

"Executed in duplicate, this the 27th day of December, A. D. 1910.

                        "John L. Terrell.
                        "Jewel P. Lightfoot,
                            "Attorney General of Texas.
                

"Being fully advised of the necessity requiring the execution of the foregoing contract, and same having been made with my consent, I do hereby approve same.

"T. M. Campbell, Governor of Texas."

Relator, under this agreement, entered upon the discharge of his duties, and, for his compensation, at the end of the month of January, 1911, he received his voucher, which was approved by the Attorney General, and warrant was issued by the comptroller therefor, which warrant was paid, upon presentation, by the respondent, Sparks. For the month of February, 1911, relator received his voucher, approved by the Attorney General, and warrant was duly issued by the comptroller; but, upon presentation to the respondent, Sparks, it was refused payment.

Many questions have been presented and ably discussed by counsel on either side of this case, which we do not deem necessary to decide. We shall confine ourselves to the questions which we think are important in the determination of this particular case.

We are of the opinion that the act of the Thirty-First Legislature which is copied above is sufficiently specific in making the appropriation therein mentioned and is not violative of section 6, art. 8, of the Constitution.

The following questions of law, in our judgment, lay at the foundation of this case and are sufficient to...