Dwyer v. Hackworth

Citations

• 57 Tex. 245
• 1882 Tex. LEXIS 128

Syllabus

<p>1. Cities and towns.— The city council o£ Brenham, acting under a general law, assumed control of the public schools within its limits by resolution adopted April 26, 1875; having thus assumed control, the city had authority to submit to a vote of the property tax-payers of the city, the question whether or not there should be raised by taxation such an amount, in addition to the amount received from the state, as would be necessary to conduct the public free schools of the city for ten months in the year; such amount not to exeeed one-half of one per cent.</p> <p>2. Action — Same.— Such an election having been held, the returns canvassed by the city council, and the result declared that the tax had been carried by the requisite two-thirds vote, in the absence of a proper proceeding to contest the election, or to revise the determination of the result thereof, it was not competent to have such result inquired into and the declaration of the result revised, on the suit of a tax-payer, seeking to enjoin the collection of the tax.</p> <p>3. Taxation.— The city of Brenham had authority, by virtue of statutory provisions and a vote of its property tax-payers, to levy a tax not to exceed one-half of one per cent, to support its public free schools for ten months in the year; and although the amount levied and raised for that purpose proved to be greater than was required, the discretion of the city council in fixing the amount will not be revised.</p> <p>4. School houses —Same.—After the city of Brenham assumed control, in pursuance of law, of its public free schools, its public school houses became public buildings in contemplation of law, and the city could impose a tax of one-fourth of one percent. for their erection.</p> <p>5. City bonds — Parties.— The validity of a city tax, legally levied, to pay i nterest on city bonds, which were issued under power conferred by charter, cannot be affected by the fact that the money borrowed on the bonds was misappropriated; no