County of Anderson v. Houston & Great Northern Railroad

Citations

• 52 Tex. 228

Syllabus

<p>County bonds in aid of railroads—Special election—Action of County Court upon result of election final.—On the petition of fifty freeholders of Anderson county, an election was ordered by the County Court, and held in May, 1872, to take the sense of the voters on a proposition to issue county bonds as a donation in favor of a railroad. After the election the court made an order stating that, the election had been held in pursuance of the order; that a special registration of voters had been made for the election in accordance with the statute; that more than two-thirds of the qualified voters of the county had voted for the proposition ; that it was carried, and directing the issuance of the bonds on the complying with stipulations in the proposition. In January, 1873, the County Court issued to tiie road the bonds and levied a tax for that year and following years for their payment, which was paid until suit was brought to restrain the collection of the tax for causes stated in the opinion : Held—</p> <p>1. The act of April 12, 1871, (Paschal’s Dig., art. 7369,1 adopted under the Constitution of 1869, made the County Court the judicial tribunal to determine the result of the election.</p> <p>2. The validity o£ the election not having been questioned by the county officials, and the judgment of the County Court, prbnouncing it to have been held in pursuance of its order, having been acted on for a period beyond that allowed by law for a certiorari, a bill of review, or a writ of error, was not subject to revision by the District Court.</p> <p>3. It is not for the courts to impute improper motives to the Legislature in the enactment of the registration law, and the burden which may result from subsidies voted by those who were negligent in registering affords no ground for relief.</p> <p>4. When the result of an election is by law to be ascertained and declared by any tribunal, the action of that tribunal is conclusive, unless it be impeached or sought- to be revi