City of Waxahachie v. Brown

Citations

• 67 Tex. 519
• 4 S.W. 207
• 1887 Tex. LEXIS 918

Syllabus

<p>1. Statute Construed—Bonded Indebtedness oe Towns.—Construing Article 3783, Revised Statutes, in the light of the public policy evinced by constitutional and statutory provisions referred to in the opinion, the conclusion announced, that it was not intended by that Article to give to such towns as should assume control of their public schools, the right not only to buy building sites and erect school houses, but also to create a bonded indebtedness in furtherance of that object.</p> <p>2. Same.—If such towns should be regarded as possessing the power to create a bonded indebtedness in order to buy land and build educational structures thereon, no limitation could be found in the statutes upon the amount of debt they might contract for such a purpose. This would contravene the policy of the State, as shown in legislation regarding cities organized under general laws, whose power to impose taxes is carefully-restricted.</p> <p>3. Same.—The power to borrow money or to create a debt without limit, is not a necessary incident of the power conferred on a town corporation to buy grounds and build school houses, and can not be implied, when its exercise by larger municipal corporations is only authorized under express limitations by organic and statute law.</p> <p>4. Same.—The special charter granted the town of Waxahachie on the twenty-eighth of April, 1871, conferred no greater power, regarding the creation of debt to purchase ground and build school houses, than did the general law on towns incorporated under it.</p> <p>5. Cases Reviewed and Distinguished.—Hitchcock v. Galveston, 96 U. S., 341, and Galveston v. Loonie, 54 Texas, 517, reviewed and distinguished from this case.</p> <p>6. Statutes Construed—City Bonds.—The proviso in Article 420 of the Revised Statutes, limiting the amount of the bonded debt of cities, includes every character of bonded indebtedness.</p> <p>7. Cities and Towns—Municipal Bonds.—An incorporated town exceeded its powers by contracting to is