Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 631
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1875.] GAREY v. THE CITY OF GALVESTON. 631
Argumiient for the' appellant.
The special Act authorizing the issuance of the bonds of
20th January, 1860, was set out above.
It was proved that the bridge bonds had been issued, and
some were outstanding, and that the general revenue of the city
was insufficient to pay said interest, etc.
The other ordinances referred to in petition were read.
The defendant proved that the ordinance concerning the
assessor and collector of taxes, and providing for the mode and
manner of assessing and collecting city taxes, was passed May
7, 1866. That said ordinance was the only one for the assessment
and collection of city taxes in existence, until the enactment
and passage of an ordinance for the assessment and collection
of taxes on 4th June, 1872.
By Branch T. Masterson, that the ordinance on "Assess"ment,"
etc., and printed in his revision of the city ordinances
as" approved 30th April, 1866," was originally passed 7th May,
1866, and that he had altered it and changed it so as to make
it conform to the present city charter.
The Act of May 16, 1871, entitled, ' An Act to incorporate
"the city of Galveston, and to grant a new charter to said city,
"and to repeal all Acts heretofore passed, incorporating said
' city, which may be in force by virtue of any existing char(
ter," providesTitle
V., Article 1, Section 1. " The City Council shall have
"power within the city, by ordinance, to annually levy and
"collect taxes not exceeding one per cent. on the assessed
' value of all real and personal estate and property in the city
" not exempt from taxation by the Constitution of the State."
The former charter was repealed by this Act, from and
after its passage.
1. E. Trezevant, for appellant. It does not appear from
plaintiff's petition that the city of Galveston had any power to
create the bridge debt. It appears on the contrary that it had
no such power; that the creation of the said debt was ultrac
Iires. It is submitted that the Act of the Legislature could
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/639/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .