San Antonio General Drivers, Helpers Local No. 657 v. Thornton

299 S.W.2d 911, 156 Tex. 641, 1957 Tex. LEXIS 555, 39 L.R.R.M. (BNA) 2485
CourtTexas Supreme Court
DecidedFebruary 6, 1957
DocketNo. A-5585
StatusPublished
Cited by53 cases

This text of 299 S.W.2d 911 (San Antonio General Drivers, Helpers Local No. 657 v. Thornton) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
San Antonio General Drivers, Helpers Local No. 657 v. Thornton, 299 S.W.2d 911, 156 Tex. 641, 1957 Tex. LEXIS 555, 39 L.R.R.M. (BNA) 2485 (Tex. 1957).

Opinions

Mr. Justice Calvert

delivered the opinion of the Court.

This is an original proceeding in this Court in which relators seek a writ of mandamus to compel the respondent as Presiding Judge of the First Administrative Judicial District to grant their motion for the appointment of a substitute judge to hear all proceedings in Cause No. 5711-B pending on the docket of the District Court of the 44th Judicial District of Dallas County. The respondent, Thornton, is also Judge of the District Court of the 44th Judicial District.

[643]*643Cause No. 5711-B was filed in the District Court of the 44th Judicial District by Southwestern Motor Transport, Inc., against International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, A.F.L. et al. In the suit the plaintiff charged the defendants with unlawful labor practices which it alleged were resulting in actual damages through loss of business and profits in the sum of approximately $1,000 per day, and damages to its good will of approximately $1,000,-000. It prayed for recovery of the sum of $1,198,000 and for temporary and permanent injunctions restraining and enjoining the defendants from continuing the unlawful acts and practices.

Four days after the filing of Cause No. 5711-B some of the defendants in the suit filed a motion therein by which they sought the appointment of a substitute judge to hear all proceedings in the suit. The motion recited that it was made pursuant to the provisions of “S.B. No. 46, Chapter 388, Acts of 54th Legislature, Regular Session (1955) ; Vernon’s Ann. Civ. St., Article 1995 (17-A).” The motion was opposed by the plaintiffs in the case and was by Presiding Judge Thornton refused. This proceeding was thereupon filed in this Court.

The first question to be decided in the case as it has been presented to this Court is whether the motion filed by relators with Presiding Judge Thornton is governed by the provisions of Section 6 of Article 5154g, Vernon’s Annotated Texas Statutes . (Acts 1955, 54th Leg., p. 1029, ch. 387), to be referred to hereafter as Senate Bill 45, or by the provisions of Article 1995-17a, Vernon’s Annotated Texas Statutes (Acts 1955, 54th Leg., p. 1031, ch. 388, Sec. 1), to be referred to hereafter as Senate Bill 46. If the motion is governed by the provisions of Section 6 of Senate Bill 45 it must have been filed “within two (2) days after notice of the institution of said cause,” but if governed by the provisions of Senate Bill 46 it was timely if filed “within •five (5) days after notice of institution of suit.” We hold that the motion is governed by Senate Bill 46 and that Section 6 of Senate Bill 45 is not at all applicable.

Omitting the saving and emergency clauses, Senate Bill 45 contains six sections. Section 1 declares it to be the public policy of this state that the right of persons to work shall not be abridged because of membership or non-membership in a labor union and that the exercise of the right shall be free from threats, force, intimidation or coercion. Section 2 makes strikes or picketing to compel an employer to recognize or bargain with, [644]*644or employees to join or select as their representative, a union which does not represent a majority of the employees of the employer, a violation of the rights vouchsafed by Section 1. Section 3 authorizes the trial judge, in suits filed under Section 2, to order an election to determine whether the union represents a majority of the employees of the employer, such election to be held “within twenty (20) days after the institution of such proceeding or suit.” This Section also contains provisions regulating the holding of the election. Section 4 imposes liability for damages on any person violating the provisions of the Bill and authorizes the granting of injunctive relief. Section 5 authorizes the Attorney General or any District or County Attorney to seek injunctive relief on behalf of the State against violations of the provisions of the Bill.

Section 6 reads as follows:

“Sec. 6. Any party to any suit or cause of action arising under this Act may make, within two (2) days after notice of the institution of said cause, application to the Presiding Judge of the Administrative Judicial District within which the suit is filed who shall immediately assign a District Judge from within said Administrative Judicial District who shall then hear all proceedings in the cause.”

Aside from the saving and emergency clauses, Senate Bill 46 contains only one section. It adds a new subsection to Article 1995 to be known as subdivision 17a dealing with labor disputes and reading in part as follows :

“17a. Labor Disputes. Suits to enjoin strikes or picketing for an unlawful purpose or conducted in an unlawful manner may be brought in (1) the county where the strike or picketing is alleged to have occurred; or in (2) the county of the residence of the defendant or any one of the defendants, if there be more than one; or in (3) Travis County when suit is brought by the State of Texas, and the State, its agencies or a political subdivision thereof is a party to the suit. Provided however, that where suit is filed in a county authorized by the provisions of clauses (1) or (2) above, any party thereto may, within five (5) days after notice of institution of suit, make written application to the Presiding Judge of the Administrative Judicial District within which the suit is filed for the appointment of a substitute judge in the court where suit is filed, whereupon such Presiding Judge of such administrative Judicial District immediately shall assign another District Judge from such Ad[645]*645ministrative Judicial District who shall thereafter hear all proceedings in such suit. The judge of the court in which such suit is filed shall have full power to act in the case until receipt by him of a copy of an order of the Administrative Judge removing the case or appointing a substitute judge, and the provisions of this Act shall be cumulative of existing rights of the parties to a change of venue authorized by law. * * *.”

The remaining sentence of the Section relates to the subpoenaing of out-of-county witnesses.

It seems obvious from the foregoing analysis of Senate Bills 45 and 46 that they do not operate in the same general field or relate to the same general subject matter.

Senate Bill 46 deals principally with the forum in which and the judge before whom suits to enjoin unlawful strikes and picketing are to be tried. It is primarily a venue statute as is shown by the fact that it was enacted as a new subdivision of Article 1995, the general venue statute, and by the provisions of the first sentence of the new subdivision which fix venue in any one of three different counties. In addition, the proviso of the Act gives any party to the litigation the right to “strike” the judge of the court in which the suit is filed and obtain a substitute judge through appointment by the Presiding Judge of the Administrative Judicial District.

It is certainly not the principal object of Senate Bill 45 to govern either the forum in which or the judge before whom the type of litigation there dealt with is to be tried. On the contrary, the principal object of Senate Bill 45, as is obvious from its terms, is the outlawry of the particular type of strikes and picketing described in Section 2 of the Bill and the prompt holding of an election to determine whether the strike and picketing involved in the particular suit is of the type prohibited by Section 2.

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Cite This Page — Counsel Stack

Bluebook (online)
299 S.W.2d 911, 156 Tex. 641, 1957 Tex. LEXIS 555, 39 L.R.R.M. (BNA) 2485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-antonio-general-drivers-helpers-local-no-657-v-thornton-tex-1957.