City of San Antonio v. Schutte
City of San Antonio v. Schutte
Opinion of the Court
This is an application for a writ of injunction by appellant to restrain Henry Schutte and 60 other defendants from violating certain ordinances enacted by the appellant for the regulation of service cars operating on the streets for hire, and requiring the procuring of licenses and furnishing 'of bonds for the faithful performance of their duties. It was alleged that appellees were openly disregarding the ordinances and refusing to obtain licenses and furnish bonds, and had entered into a conspiracy to violate the laws of the city. The trial judge refused a temporary injunction.
A wave of reckless and promiscuous injunctions seems to be sweeping all over Texas, and men are rushing into courts of equity to obtain injunctions to restrain everything *414 from the election of United States Senators down to the nomination by a political party of precinct officers and the prevention of the execution of all kinds of laws and city ordinances, and if the execution of law can be prevented, the idea will also obtain that injunctions will be excellent to enforce crimi-hal laws instead of resorting to courts of law for their enforcement.. The writ of injunction is intended and should be used as a strong arm of courts of law, but it should not be used to usurp the prerogatives and hamper the different branches of the state government in the exercise of their constitutional functions. It was intended in its first conception, and should be yet, an aid to the courts in performing their duties, and not to seize their power, or to be used by the courts to cripple and hamper government in discharge of its well-defined duties. It was intended and should be used only to prevent irreparable injury to him who seeks its aid, and not to destroy law, hamper justice, or wreak malice or vengeance on others. Injunction properly issued and administered is a splendid means for preventing wrongs and preserving rights, and is not to be used to wreck laws and defeat the will of the people. It is a protective and preventative rather than a restorative writ, and should not be used where the law provides ample and efficient means for the prevention and punishment of crime and the preservation of rights.
Cities, should not, on flimsy pretenses, and with but little if any regard for the rights of the citizen, be so crippled in the administration of their laws, as to obstruct the course of justice, weaken the respect for law, and create a contempt, for constituted authority,, but injunctions should be strictly confined to the purpose of preventing irreparable injury when the law is inadequate to attain such object. Every branch or arm of the government has its duties well defined by law, and courts should be slow to interfere with them in the full exercise of their duties. The indiscriminate injudicious use of the writ of injunction wili .ultimately lead to the destruction of our form of government and to the establishment of a tyranny maneuvered by judicial tribunals. The writ of injunction in-its benefieient use is an agency of the court filled with blessings to the people, but in its lavish and ill-considered application it becomes a terrific abuse of law and order and a menace to republican government.
The judgment will be affirmed.
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Reference
- Full Case Name
- CITY OF SAN ANTONIO v. SCHUTTE Et Al.
- Cited By
- 5 cases
- Status
- Published