Morris & Cumings v. State ex rel. Guessett

Citations

• 65 Tex. 53
• 1885 Tex. LEXIS 310

Syllabus

<p>1. Franchise— Forfeiture—Contract—Disclaimer—Parties — Practice.—The franchise of collecting tolls on all freight passing over a certain channel was granted to the city of Corpus Christi; Morris & Cumings contracted with the city to act as her agents in constructing and maintaining the channel, to take bonds of the city in payment, to collect tolls on freight passing over the channel, and with the money thus collected to pay off the bonds. An information in the nature of a quo warranto was filed against the city and Morris & Cumings, to oust them from the franchise. The city disclaimed any interest in the franchise, and the suit was dismissed as to her. Held:</p> <p>(1) That Morris & Cumings’ enjoyment of the franchise could not be taken from them by legislation, or even judicially, unless forfeited for some cause which in law would entitle the state to recall the franchise. The agency and contract would be at an end and the privilege would revert to the city when the bonds should be paid.</p> <p>(2) If the contract between the city and Morris & Cumings was invalid, it did not defeat the franchise, so far as the city was concerned (62 Tex., 728), but the city was responsible for the acts of her agents, and if their misfeasance or non-feasance worked a forfeiture of the franchise, the city’s reversion in the tolls was destroyed.</p> <p>(3) The city could not be deprived of so valuable a right without a hearing in court, and she was a necessary party before any judgment of ouster could be rendered. The disclaimer of interest by the city did not alter the case.</p> <p>(4) It is extremely doubtful whether a municipal corporation can, by a mere disclaimer, surrender a franchise in which not only the corporation, but a large portion of the state’s population residing without the city limits, as well as of the commercial world, are interested.</p> <p>(6) The disclaimer was not equivalent to a judgment against the city, and the dismissal following upon it placed her in t