Houston & Texas Central Railroad v. Texas

Citations

• 177 U.S. 66
• 20 S. Ct. 545
• 44 L. Ed. 673
• 1900 U.S. LEXIS 1775

Syllabus

<p>The Federal character of a suit must appear in the plaintiffs own statement of his claim, and where a defence has been interposed, the reply to which brings out matters of a Federal nature, those matters thus brought out by the plaintiff do not form-a part of his cause of action.</p> <p>The treasury warrants in question in this case cannot be said upon the evidence to have violated the Constitution of the United States, or of the State of Texas.</p> <p>A warrant, drawn by the authorities of a State in payment of an appropriation made by the legislature, payable upon presentation if there be f dnds in the treasury, and issued to an individual in payment of la debt of the State to him, cannot be properly called a bill of credit, or a treasury warrant intended to circulate as money.</p> <p>A deliberate intention on the part of a legislative body to violate the organic law of the State under which it exists, and to which the members have sworn obedience, is not to be lightly indulged; and it cannot properly he held that the receipt of the warrants issued in pursuance of legislative authority in Texas, and in payment of an indebtedness due the State from the individual paying them, is an illegal transaction, and amounts in law to uo payment whatever.</p> <p>When a municipality contracts for a municipal improvement,' which it is within its power to agree for, and engages to pay for the same in bonds which it is beyond its power to issue, and the work so contracted for is done, the municipality is responsible for it in money as it cannot pay in bonds.</p> <p>Where tire validity of a contract is attacked on the ground of its illegal purpose, that purpose must clearly appear, and it will not be inferred simply because the performance of the contract might result in an aid to an illegal transaction.</p> <p>On the principles laid down in Baldy v. Hunter, 171 U. S. 388, the contract in-this case cannot be held to be unlawful.</p> <p>When the officers of the State, pursuant t