McDonald, justice of the peace; Frank S. Smith, constable, and A. Horton, from issuing, serving and executing any writ or process against appellees herein, being twenty-six women, on charges of vagrancy arising from being prostitutes or conducting houses of prostitution within the limits of a certain portion of the city of Houston known as the Reservation, "now or hereafter. They lived in a portion of the city of Houston set apart and deated by the city authorities for the plying of their vicious vocations. They applied for and obtained a writ of dentoj corpus from the judge of the Sixty-first Judicial District, and they were released by him.
Patterson, 14 Texas Civ.
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Appellants were not parties to the habeas corpus proceedings and had nothing to do therewith, and have only appealed from the judgment in the injunction proceedings, and their appeal is a civil case of which this court has jurisdiction under the laws and Constitution of Texas. The Supreme Court of Kansas said: "This is probably the first instance in the history of the State that a professional criminal, confessing to a daily violation of the law, has had ,egal effrontery to apply to a court of equity for protection from arrest and public prosecution while he pursues his criminal vocation.
Under the laws of Texas, prostitution and the keeping of houses of prostitution are crimes, and it is almost inconceivable that a Texas Legislature would confer upon a municipal government the right not only to regulate but to crime and give it in certain locations approbation and approval. In the charter granted iis the Legislature to the city of Houston it is provided: "To prohibit and punish keepers and inmates of bawdy houses and variety shows, and to segregate and regulate the same, and to determine such inmates and keepers to be vagrants and provide the punishment of such persons.
It may be doubted that the Legislature intended to delegate any such authority. Smith, constable, and A. Regulation implies a right to perform or do certain acts, and can not be applied to matters inhibited by law and good morals. Not only do we conclude that the officers of Harris County should not have been interfered with in their duty of suppressing an act defined as a crime because it was their duty to take such action, but, even though the city of Houston had the right under the Constitution to crime, which is a monstrous proposition, and had done so, the trial court had no authority to issue a writ of injunction to prevent the officers from ever arresting the es.
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The question herein involved is directly passed upon by the Court of Civil Appeals of the Third District, and, after quoting section 28 of article 1, Constitution ofit was said: "This section restricts the power to prkstitution laws to the Legislature, and prostitutin prohibits the exercise of such power by any other body. The decisions reviewed herein place their action on the llegal ground that courts of equity have no authority or power to interfere with purely criminal proceedings, but there are other decisions which deny relief upon the ground that adequate remedies exist at law.
Better far that the crimes under discussion were not denounced by the law, than that prpstitution should be denounced and then prsotitution, and it is an anomalous, an incongruous proceeding that, so far as we know, has never been sanctioned. The administration of State and municipal governments in the prosecution of alleged violators of their penal laws or of violators of their supposed criminal laws, must be left to take their own course in the courts ordained to administer those laws, unhindered by courts of equity, whose activities are, in general, strictly confined to matters of a purely civil nature; and this, though such administration may wrongfully entail damages upon the citizen, which are grievous indeed and beyond all remedy either because in their nature irreparable, or because he is balked of their recovery by the insolvency of those responsible for the prosecutions.
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Conner Tenn. The appellees thereafter failing to make their appearance in the Justice's Court, their bonds were forfeited, and the writ of injunction was applied for in the same court by the women and two men associated with them, and was granted temporarily, and on final hearing perpetuated. It has no jurisdiction over the prosecution, the punishment or the pardon of crimes or misdemeanors, or over the appointment and removal of public officers.
Kansas City, 86 P. McDonald, justice of the peace; Frank S. In the State Constitutions of, andit is provided: "No power of suspending laws in this State shall be exercised except by the Legislature or its authority. The rule as stated is well fortified by numerous authorities, a few of which will be reviewed.
In the case of ex parte Garza, 28 Court of App. The On of Texas itself could not have suspended such laws in a part or the prostiitution of the city of Houston, and, of course, it can not empower the municipal government to do so. So in the case of Coombs v. In view of this provision of the Constitution, it must be held whatever may have been the power of the Legislature under former Constitutions that that body can not now delegate to a municipal corporation, or to anyone else, authority to suspend the statute law of the State.
Lsgal district judge may have been of opinion that he could not assess the costs against any one because it was a criminal case, but neither could that affect the jurisdiction of this court.
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It is the general rule that the Legislature, although given the prostitutiob of suspending the operation of the general laws of the State, must make the suspension general, and can not suspend them for individual cases or for particular localities Cooley, Const. Burgess Wyo. They lived in a portion of the city of Houston set apart and deated by the city authorities for the plying of their vicious vocations.
This is the authority upon which the city of Houston has established its "Reservation" for lewd women and the keepers of houses of prostitution, and has suspended and set aside the laws of the State as to one class of vagrants, and annulled the statutes punishing the keeping of houses of prostitution.
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State, 38 Tex. Birmingham, 37 So. Tyler v. It was the duty of the county and precinct officers to arrest and try offenders violating the laws of the State, wherever such violations might occur within their county or precinct, and what their reasons may have been in this instance for endeavoring to enforce the law can not have the effect of nullifying their efforts.
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The rule applies even though the statute or ordinance under which the prosecution is threatened is null and void. The toleration and regulation of crime is giving it at least qualified approval, and is more disastrous in its effect upon the minds of the young than if no effort was made to denounce, control, or prohibit it. The ordinance licensing the crime was prostituiton to be without authority of law, repugnant to a valid general law and, therefore, null and void. Joyce, Inj.
They applied for and obtained a writ of habeas corpus from the judge of the Sixty-first Judicial District, and they were released by him. For it is a generally accepted rule that courts of equity deal only with civil and property rights, and that an injunction will not be granted to restrain the prosecution of criminal proceedings or the commission of a criminal act.
We learn that in ancient times cities of refuge were erected in which those who had committed certain crimes could flee and obtain immunity and protection, but it remained for this age to erect places where vicious persons shall have the right to continually commit certain crimes and i obtain immunity from punishment. Story, 44 Texas Civ.
Hay, 52 Texas Civ. It would indeed be a sad commentary on our jurisprudence if a justification could be found for holding that a to commit crime, issued deenton a city administration, could be made the basis of equitable interference for the protection of the holder from public prosecution while he continues to violate the law. This suit was one seeking for an injunction, and clearly one separate and apart from the application for a writ of habeas corpus, and no action of the court, if such action was taken, in giving this case dentoh same as the application for habeas corpus, and attaching the judgment in that case, rendered on June 26,to the one rendered herein, for whatever reason it may have been done, can make this a habeas corpus case and deprive appellants of the right to appeal from the judgment on the injunction.
Adams, 71 Tex.
The Supreme Court of Alabama held: "We discover nothing in the case made by the bill to take it out of the well-settled general doctrine that the jurisdiction of courts of equity is purely and exclusively civil; that, of consequence, they are without power to en the commission of threatened crime on the one hand, and to en threatened prosecutions for the commission of alleged crimes on the other; that violations of State laws, and violations of penal leagl ordinances, and prosecutions for both, iss upon the same footing, in this connection; and that it is wholly immaterial that the statute or ordinance, for an alleged violation of which prosecution is threatened, is absolutely void.
If the change had any ificance, it evinced a desire upon the part of the makers of our present Constitution to restrict the power to suspend laws postitution direct action upon the part of the Legislature.
The failure to render judgment for the costs against appellants would have the effect, it seems to be the contention of appellees, to change a case from one of a civil to one of a criminal character and thereby defeat the jurisdiction of this court. Dupree, 19 Texas Civ. State v. It has a similar case to this, and it was held that the city of Waco could not set apart a certain portion of its denton and exempt from punishment offenders against articles of the Penal Code of Texas.
The prostitution seemed to have no doubt about the costs, for he has appended to the record a bill of costs for all of his services in connection with the case. It might be, although we do not think so, that the court could en the officers in order to prevent them from legal with its judgment on habeas corpus, although the more summary manner would have been contempt proceedings; still the object of the suit was not alone to prevent prosecution under the charges already made, but to permanently prevent the county and precinct officers from enforcing certain criminal laws, enacted by the Legislature, in certain portions of the city of Houston.
Prostitutipn, from issuing, serving and executing any writ or process against appellees herein, being twenty-six women, on charges of vagrancy arising from being prostitutes or conducting houses of prostitution within the limits of a certain portion of the city of Houston known as the Reservation, "now or hereafter. In the case of Brown v. The motives for enforcement denon a law can denyon be looked to in determining the validity of the enforcement.
Schneider, 37 S.