City of Galveston v. Morton

Citations

• 58 Tex. 409
• 1883 Tex. LEXIS 38

Syllabus

<p>1. City charter — Veto message.— It is not necessary that a veto message of the mayor of Galveston, objecting to the passage of an ordinance or resolution, should be returned to the city council within three days after the passage of the ordinance or resolution which it proposes to veto. Ho such duty can be inferred from the requirement to place such resolution or ordinance in the office of the city clerk, and for it to remain there for three days before going into effect. It there awaits the veto, or the express or silent approval of the mayor, for three days.</p> <p>2. Same.— As the objections of the mayor, in case of veto, are to be returned to the city council with the ordinance vetoed, they must be placed with it in the clerk’s office to await a session of the city council, and when this occurs they are to be sent in together for action.</p> <p>3. Veto of a mayor.— A verbal motion, made and carried in the city council of the city of Galveston, to accept a proposed contract on the part of a citizen to do city printing, which was referred by a committee having full control of the matter to the council for its action, was not such a resolution as was required to be placed in the clerk’s office for three days to await the action of the mayor.</p> <p>4. Same.— The mayor of the city of Galveston has no power to compel a two-thirds vote of the city council by his veto, in order to validate a contract with the city, authorized by previous resolution, and ratified on motion by the council.</p> <p>5. Cases approved.— Gas Co. v. San Francisco, 6 Cal., 190, and San Antonio v. Lewis, 9 Tex., 69, approved.</p> <p>6. City charter construed.—Art. V, sec. 1, title X, of the Galveston city charter, did not confer on the city council power to select and contract with a new printer, in its discretion, during the municipal year for which a contract with another printer had already been made.</p> <p>7. Charge of the court — Verdict.— A verdict of the jury sustaining a contract fo