Atwood v. Willacy County Navigation District

284 S.W.2d 275, 1955 Tex. App. LEXIS 2198
CourtCourt of Appeals of Texas
DecidedOctober 5, 1955
Docket12928
StatusPublished
Cited by13 cases

This text of 284 S.W.2d 275 (Atwood v. Willacy County Navigation District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atwood v. Willacy County Navigation District, 284 S.W.2d 275, 1955 Tex. App. LEXIS 2198 (Tex. Ct. App. 1955).

Opinion

POPE, Justice.

Appellant, Edwin K. Atwood, challenges the constitutionality of Chapter 404, Acts 53rd Legislature, on the grounds that the caption of the Act violates Sections 35 and 56 of Article III, Texas Constitution, Vernon’s Ann.St. He appeals from a judgment which denied him an injunction to enjoin the sale of certain unissued bonds by the Willacy County Navigation District under the authority of the law under attack. He owns- land within the District. The title to the act in question states:

“An Act granting to Willacy County Navigation District certain additional powers and authority; validating said District and bonds heretofore issued by it, except under certain conditions; containing a saving clause; and declaring an emergency.”

* Appellant argues that the title did not give fair notice of its contents, that being the oft-repeated purpose of Section 35, Art. II-I, Texas Constitution. The act in question, under the foregoing caption, undertook to make certain changes to Article 8263h, Vernon’s Ann.Civ.St., which was first enacted in 1925, Acts 1925, 39th Legislature, Chapter 5; amended in 1945, Acts 49th Legislature, Chapter 139; and still later amended.in 1947, Acts 50th Legislature, Chapter 125. The act here involved granted additional powers to Willacy County Navigation District. Those additional powers were (1) to authorize the issuance of bonds secured not only by revenues, ás formerly permitted, but also by a' levy of ad' valorem taxes; (2) to levy a tax not exceeding twenty cents on each $100 instead of only ten cents; (3) to authorize *277 the district to own lands adjacent or accessible to navigable waters within the district; (4) to grant the district the power to lease its lands to municipal bodies, public or private, to any government or governmental agency, the State of Texas or the United States, instead of to individuals or corporations as formerly permitted; (S) to make such leases for periods not to exceed thirty years instead of an unstated period as formerly permitted; (6) to acquire lands, which ■ clause is broader than the former act which limited the acquisition of lands “for all necessary improvements”; (7) to permit canal commissioners, engineers and employees of the district to go upon lands to make plans, surveys, maps and profiles, instead of limiting that power to engineers only; (8) to permit those .persons “to attend to any business of the District”; (9) to convey property to the United States,; (10) to authorize the calling of bond elections; and (11) to provide for publishing instead of posting election notices. The act also provided that the bonds are incon-, testable, except in certain stated instances, when they were approved by the Attorney General, registered by the Comptroller and sold.

The liberality with which the rules about titles should be applied has often been stated. Central Education Agency v. Independent School Dist. of City of El Paso, 152 Tex. 56, 254 S.W.2d 357; Stone v. Brown, 54 Tex. 330, 343; State ex rel. Garza v. Rodriguez, Tex.Civ.App., 213 S.W.2d 877. A title which is broad is no detriment so long as it gives fair notice of what is contained in the body of the, law. The constitutional provision contemplates that a title should be brief, since it declares that it. shall contain the subj ect and . then further , declares that only one subject shall be,, stated. Though titles frequently are extensive and include an index, synopsis, or ' details, of a bill, the Constitution does not , require the long caption. Terrell v. Alpha Petroleum Co., Tex.Civ.App., 54 S.W.2d 821, 828, affirmed Tex.Com.App., 122 Tex. 257, 59 S.W.2d 364; Tilton v. Dayton Independent School Dist., Tex.Civ.App., 2 S.W.2d 889, 891.

A title may be so general, so specific in some limited matters, of inaccurate as to throw one off guard, mislead or serve as a cover for secret legislation. Gulf Ins. Co. v. James, 143 Tex. 424, 185 S.W.2d 966; Gulf Production Co. v. Garrett, Tex.Com. App., 119 Tex. 72, 24 S.W.2d 389; De Silvia v. State, 88 Tex.Cr.R. 634, 229 S.W. 542; Sutherland v. Board, of Trustees of Bishop Independent School Dist., Tex.Civ.App., 261 S.W. 489; Missouri, K. & T. R. Co. of Texas v. State, 102 Tex. 153, 113 S.W. 916. Moreover, a caption which details the matters of the bill may be limited to those items which are specified, whereas a general caption may not be so limited. Bitter v. Bexar County, Tex.Com.App., 11 S.W.2d 163. The essence of appellant’s argument, applied to the facts of, this case, is that a title fails unless it details the body of the bill.

Broad subjects in titles have generally been approved. “The title ‘An act to adopt the common law of. England’ is regarded as sufficient for a statute the body cif which corresponds with it'.” Missouri, K. & T. R. Co. of Texas v. State, 102 Tex. 153, 113 S.W. 916, 918. This Court has formerly expressed its views on what is the subject and what amounts to detail in titles. In Lowe v. Commissioners’ Court of Val Verde County, Tex.Civ.App., 69 S.W.2d 153, the Court held that the subject of the bill there in question was “ ‘ “the construction and. maintenance of a State Highway system under the control of the'State'Highway Department” ’ Such ' a title is as broad or broader than the one here in question.; The title in. the Lowe case included other matters, but the Court looked through the other verbiage to the quoted words, declared that they were, a fair statement of. the subject,,and treated, the r,est of the title as details, which-are permissible but not essential. Under that general subject', as is revealed from an examination of Acts of 39th Legislature, Chapter 186, broad powers were granted the State .Highway Department. Certain powers were withdrawn from the Commissioners’ Court; the power to use' Federal aid; the power to make surveys, plans, specifications and estimates; *278 the power to use certain funds then or thereafter deposited in the State Treasury,- and other matters were embraced within the general subject. This Court repeated this distinction between subject and detail in Garvey v. Wood, Tex.Civ.App., 101 S.W.2d 288. King v. State, 74 Tex.Cr.R. 658, 169 S.W. 675, 677, also looked to a long title, separated the subject from the detail and held that the subject of the statute there questioned was sufficiently, though broadly, stated as “ ‘An act to provide for a more efficient system of public free schools for the state of Texas’ ”. Acts 1905, c. 124.

In Johnson v. Martin, 75 Tex. 33, 12 S.W. 321, 323, a caption entitled: ‘“An act creating the office of public weigher, and regulating the appointment, and defining the duties and liabilities, thereof’ ” was suffi-. cient to embrace a section which created a penal offense by persons who violated the law. The Court stated that the section was “necessary to the enforcement of the main object of the law”, for otherwise it would be a dead letter.

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Bluebook (online)
284 S.W.2d 275, 1955 Tex. App. LEXIS 2198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atwood-v-willacy-county-navigation-district-texapp-1955.