The Fort Stockton Pioneer. (Fort Stockton, Tex.), Vol. 5, No. 14, Ed. 1 Friday, July 12, 1912 Page: 3 of 8
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Do You Want
a Square Deal?
If you are in the market for a hill of lumber,
large or small, it will pay you to deal with
“The Firm With a Reputation.” The mate-
rial is bright and the price is right, and you
are sure to get a “SQUARE DEAL’ when
buying from “The Old Reliable.”
Rooney
Lumber Yard
FORT STOCKTON. TEXAS
o;
Well Drilling.
We are now ready to do Shallow
or Deep Well Drilling, (live us a rail.
ARNETT & ROSE
FORT STOCKTON......TEXAS
Interest Bearing
Warrants Legal.
Attorney General’s Depart-
ment Rules On Creating
Building Fund.
COURT HOUSES AND JAILS.
Restriction is. Commissioners
Must Provide Tax for In-
terest and Sinking Fund
Not Over 25c.
Austin, Tex., Feb. 5. The fol-
lowing i** the opinion from tin*
Attorney General’* department
holding that interest bearing war-
rant* may be issued to provide
fund* for building court houses
and jails also that funds may be
transferred for that purpose:
Hon. W. B. Gordon, County
Tax Assessor, Anahuac, Tex.:
Dear Sir In reply to .vour letter
of the 21111 nut., in which you de-
sire to I,'now if the County Com-
missioners’ (*mrt i* authorized
“to issue interest hearing war-
rants to build a court house and
jail, or must an election be held
and bonds issued for the con-
struction of such buildings?*'
In reply thereto, I wish to h<1-
vise that pryor to 1893 the Com-
missioners’ Courts were authorized
by proper orders to issue interest
liearing or noninterest liearing
county warrants for the purpose
of borrowing money to construct
couit houses and jails. (It. S.
Arts. 797,819 and 154H; Creswell
Ranch and Cattle Company vs.
Roberts County, 27 S. \V. 737;
Ashe vs. Harris County, 55 Tex.,
52; San Patrice County vs. Mc-
Clure, 5H Tex., 243; Davis v*.
Burne.v, 5m Tex., 364; Lumber
Company vs. County, 8* s. W.,
412.)
In 1893 the Legislature passed
an act authorizing the County
Commissi oners' Court of any
County in this State to issue Linds
of said county for the following
purposes:
1. For the erection of a county
court house and jail, or either.
2. For purchasing or construct-
ing bridges for public puritoses
within the county or across a
stream that constitutes the boun-
dry line of the county. (K. 8 Art.
877.)
This act was amended in 1903,
adding authority to issue road and
bridge bonds, but tin* amendment
does not affect the question here
under consideration.
Tin* article of the revised stat-
ues, enacted in 1903, i* clearly
cumulative of the provisions of
the statue theretofore enacted and
aiaive referred to, which author-
ized the issuance of county war-
rant* for the construction of court
houses and jail*, and when this
last art wa* enacted there were
two separate and distinct means
by which the county commission-
ers' courts could borrow money
for the construction of such build-
ing* and two different and distinct
evidences of debt authorized to he
issued by them to borrow money
for the const ruction of said build-
ings: First, by the issuance of
county warrants, and, second, by
the issuance of bonds.
In 1*99 the Legislature enacted
a law, the firat section of which
reads in part as follows:
Sec tion 1. Hereafter it shall be
unlawful for the Commissioners’
Court of any county or the City
Council of any incorporated town
or city in this State to issue the
bond* of said county or town or
city for any purpose authorized
by law unless the proportion for
the issuance of such bonds shall
have been first submitted to a
vote of quaiitiied taxpayers of said
county town or city, and unless
the majority of the said qualified
property tax payers voting at said
election are in favor of the propo-
sition for tin* issuance of the
bonds, then the bonds shall not he
issued.
If the proposition for the issu-
ance of Iannis la* sustained by a
majority of the said property tax
payers voting at said election then
the said bonds shall la* authorized
and shall lie issued by the said
commissioners’ court or said tow n
or city council, ((’hap. 149, Acts
of the Twenty Sixth legislature,
Sec. 1.)
This act of the legislature does
not in any way require an election
to be held to authorize the Com-
missioners' Oiurt to issue interest
bearing or noninterest liearing
warrants for the construction of
such buildings, and it does not
provide tliat indebtedness for such
pur|NMc must be created by the
authority of Much an election. It
simply provides that when bonds
indehtedne.*.* that an election "hall I
la* held a* therein provided.
We are not t«» la* undcr*to<al by ;
virtue of the conclusions reached
in this opinion a* holding that ;
the (’oinmisHioners' Court can is-
sue county warrant* without re-
st riotion ami create such indebt-j
ediies* without limit.
I’lie constitution provide* “im
debt for any pur|a»*e *hull ever la*
incurcd in auy manner by any
city or county unless provision i*
I made at the time of creating the!
same for levying and collecting!
a sufficient lax to pa\ the interest
! thereon and provide at least two
per cent as a sinking fund.” < \rt
II, See. 7, Constitution ot the j
State.)
This provision of the ronstitu
lion has been held to apply to all
debt* contracted by counties and '
cities, except inch debt* a* were
at the creation of the same reason-
ably within the eontemplation of
the parties to he satisfied out ol
t lie current revenue* of the county
or city. (McNeal v*. city of
W aco, *9 Tex., H3; Corpus ('hristi
V". W’oesener, 5* Tex., 165; T»*r-
rell vs. Dassaint 71 Tex., 77<>.)
When the Commissioner'* < *ourt
j creates any other kind of debt*,
i "tie h as debts for tin* eon struct ion
of a court house and tail, this
constitutional provision must l>«*
[complied with or tin* indehted-
[ ness is invalid. (San Patrice Co.
I vs. City National Hank, II S. VV.
| 1009; Mitchell Co. vs. Hank, 91
Tex., 370.)
In other words, when such in
teres! liearing warrant* are or
deied to he issued by the Com-
missioners’ Court tin* court must
provide for the payment of the
interest and create the neeessar.v
sinking fund to discharge the oh
ligations at maturity the same a-
if it were a bond issue.
There is also another coiistitu |
tional provision to govern the
Commissioner.*' Court in the ere-,
ation of this character of indeht-•
ednes*. No county is authorized
to create an indebtedness in ex
cessa of an amount which can be
supported by a tax rate of not ex-
ceeding 25c on the >|oo valuation
of property. That i*, the tax rate
necesary to pay tin* annual inter
e*t an I create a sinking fund
sufficient to redeem tin* indebted-
ness at maturity, whether bonds
or warrants, must not exceed in
any one year, together with tin*
tax for all other indebtedness of
this character which nia.v ho out
standing at the time, 25c on the
$|(>o valuation of property. “Con
stitutiou of State, Art. VIII ,
Sec. 9; Mitchell Co. vs. Bank, 91
Tex., 361; Bank v*. Terrell, 7*
Tex., 450; Nolan Co. vs. State, s3
Tex., 182; Dean vs. Lufkin, 51
IVx., 265; Jefferson Iron Co. \s.
Hart, 41 S \Y , 321; Robinson
vs Breed love, 61 Tex., 361;
Loome vs. Ilouston, 51 Tex., 51 7. ’*
You are therefore, respectfully
advised that it i* our opinion that
subject to and in accordance with
the constitutional provision here-
in discussed, the eouuty Commis-
sioners’Court has the power to
create an indebtedness for the
construction of a court house* and
jail and issue a* an evidence of
such indebtedness interest hearing
wrarrrants lor such purpose, not-
withstanding the fact that the
law also authorizes them to issue
bonds for the purpose of borrow
ing money to construct such
buildings, the act of tin* Twenty-
Sixth Legislature, chapter I 19,
referred to herein, requiring such
an election to be held only in case
there is to he a Lind issue for the
construction of such buildings.
Yours very truly,
,1. T. Si,i iiKit,
Assistant Attorney General.
FT. STOCKTON. TEX.
(FORMERLY C. S. GOVERNMENT FORT)
The Next Big Railroad l)iv. on Main Line of Kansas City, Mexico & Orient Ry.
One Hundred and Sixty Miles West of San Angelo.
Get There
Ahead ot
The Railroad
\ r \ ° ; *
7 v Ar •“* —
OPPORTUNITY
OF A
LIFETIME
To get in ahead
of construction of
a big trans-conti-
nental railroad,
building f rom
Kansas City to
the Pacific Ocean,
and secure a loca-
tion in this new
and rapidly grow-
ing town.
The place to get
in on the Ground
Floor of a Future
City. What would
your lot 1m* worth
today in the cen-
ter of Dallas,
Houston. Fort
Worth or San An-
tonio.
Worth thinking
about
Then worth act-
ing on.
LOOK AT THE MAP
This is your opportunity. There will never be another RAILROAD like the Orient,
and there is hut one FORI* STOCKTON. Get a lot in Fort Stockton and make money.
The coming Metropolis of Western Texas. In center of a New Empire, nearly 200 miles
square. County Seat of largest county in Texas. Thousands of acres of irrigated lands
surrounding. Artesian springs flowing 55 million gallons daily. 3,000 feet above sea
level. Finest climate in U. S. A PLEASURE RESORT. Look for l0,(HKt people in
Fort Stockton within two years. For full details, plats, etc., write
F. A. HORNBECK. Land Tbwnsite Com’r., Kansas City. Mo.
Or call upon ABBOTT & DEMPSTER, Local Agents. Fort Stockton, Texas.
The Fort Stockton
Telephone
Exchange.
.IAS. IMMINKY, President
It. T. IM’KKTT, Gcn'l Manager
Office hours from 5 a. m. to 9
p. m. (’lost* at 9 a. in. and open
at 5 p, m. on Sunday.
We have connection with Sheffield,
Oxona, San Angelo, IVcoh, Brand
Falls, Alpine, Marathon and a num-
ber of ranches through the county.
Polite Treatment to All.
W. C. FAIREY
The Barber
Hot or Cold Baths
l.adic* Shampooing a Specialty
Your business Solicited.
BUY A
PECOS VALLEY FARM
IN THE
PECOS PALISADES TRACT
W here the large Imperial Reservoir, now brimming full of water,
will guard your crops grown on rich soil ranging from a dark red to
a light chocolate loam, from eight to twenty-five feet deep.
.Join our excursion party, leaving Chicago the first and third
Tuesdays of each month, and inspect our sixty miles of Canals see-
ing our large ( oncrete and Steel Dams, the big Reservoir and the fin-
est Soils laying in the Great Southwest.
As the Orient road is now completed to Granada, first townsite
south of the Pecos River, opening this tract of land up to railroad
transportation, you can come via rail to that jh int. where the Com-
pany’s automobiles meet trainsand will bring you over to Huenu Vista.
Remember this project is backed by a company having millions
of dollars and that a proportional interest in this large irrigation sys-
tem goes with each acre.
For further details address
VERNON L SULLIVAN.
Manager and Engineer,
Huena Vista, Pecos county, Texas.
F. A. Horn beck, Land Commissioner. Orient R. R., Kansas City. Mo.
The Woman's Tonic
If you are a housewife you
cannot reasonably hope to be
healthy or beautiful by washing
dishes, sweeping and doing
housework all day, and crawling
into bed dead tired at night.
If you do this every day and
keep your stomach and bowels in
good order by taking Chamber-
lain’s Tablets when needed, you
should become both healthy and
beautiful. For sale by Stockton
are issued for the iocuring of such Pharmacy.
:
LEGAL BLANKS
IN STOCK
We now have a full line of
Legal Blanks in stock, includ-
ing all the different kinds of
Deeds, Mortgages, Releases,
Transfers, Vendor Lien Notes,
etc. Call for what you want
in this hne and if we do not
have it in stock, we will print
or order it for you at once.
PIONEER PRINT SHOP
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Barry, E. The Fort Stockton Pioneer. (Fort Stockton, Tex.), Vol. 5, No. 14, Ed. 1 Friday, July 12, 1912, newspaper, July 12, 1912; (https://texashistory.unt.edu/ark:/67531/metapth806834/m1/3/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .