The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-01-22

cite the case under eonsideration aS = ,,,aerj
ent, ana that the unlawful protection must b.
| extended, the law set aside at the will of tn
mayor, or discrimination made in privilege
| according to citizen.
The facts elected by the investigation ar,
these: -''
| 1st. That the city attorney was entirely is.
/ norant OF the proceeding OF the mayor ant
marshal, as will he seen BY his answer 10 !
letter addressed to HIM by the chairman ofthi.
| committee. - ~
I'd. That the city marshal did on the sts
Jay OF January, 1875, take of j. III. Campbell
the sum OF SIS, and gave him a receipt there.
Tor, which was conditioned that if the cifx
council oS1 did not grant 70 said Campbell. at il:
city marshal was to refund the money, AM
said Campbell was to close up his billiard
on the same day, viz, January 9Th, 1875. the
city marshal informed the mayor what he had
done and mayor approved oft.
81. That said J. II. Campbell did have hi,
billiard han open and running, for pay, from
January list to january 12th, 1875, without
having deposited an license;fee with the treas.
urer or filed any bond, and therefor contrary
TO law.
4th: That the mayor was cognizant of the
fact from the 5th to the 18th of january and
presumably SO from the LIST to the 5th of Jan
Iary, of said Campbell running his billiard
hall. during that time contrary to law, and
lection from arrest TO said Campbell through
his subordinate, the city marshal. who acted IN
his approval.
9th. That the city marshal acted as the sinh.
ordinate and under the approval OF the mayor
The committee, therefore, find that the
city attorney, and city marshal are exhonor-
ated from any blame in the matter and with
Ieelings OF regret deem 1t their duty to pr eSeni
LOT adoption the following resolution:
Resotrea, That the action of j. p Graham
as mayor of the city OF Emporia, in CONSENT
ing and approving of the violation of the or.
dinances OF the city, does not meet with Oui
approval Respectfully,
z. ID. McCARTER, Chairman.
And submitted with snch report
all the evidence taken by the com.
mittee, which was read to the conn
cll.
Mr.. Epstein then submitted the fol-
lowing as majority report of the CON-
mittee:
70 The Ho1ol4l6is city Council OF E,npoyia,
Attasds.-GsnkkeAaen::
The undersigned majority of the committee
appointed by your body TO investigate GER
tain charges against the mayor and marshal
OF the city OF Emporia; on January nth, 1875,
beg leave to respectfully report,
That the only matter presented 20 the com
mlttee for their consideration under the
J. Nj. Campbell to run his billiard table, from
January 9th to January 18th, 1879 without
having license so 10 do.
inc committee made thorough examination
and ascertained therefrom the follow ing
facts: That Mr.. Campbell presented 10 the
council his written application for license RI
run three billiard tables, ut his place of busi
ness. on Commercial street, from January Ist
10 " une nth, 1915. That up to The LIST day OF
January, such application had not been grant
cd by the city council at any meeting reco1I
nized by the mayor of said city as legal Mat
tn the old license OF Mr.. Campbell expired the
3lst day of December, 1874. Mr. Campbell de-
sired to continue his business, and was ready
and willing to pay his license fee and furnish
bie Pong REQUIRED - IRE by law Making known
consent OF the mayor, and under suggestion
coming from the Office of the city attorney
took from MIR. Campbell, the license Zee, Civ
ing him receipt therefor, conditioned for its
return, If the city council failed at its first
regular meeting, to grant the license. That
the marshal and mayor in doing what thew
did, knew there was no objection upon the
part OF any person TO Mr.. Campbell's running
his billiard business, and also, knew that ATrl
Campbell was in good faith. Wishing TO carry
on such business, and to do ali that was re-
CURED OF him under the law. That the mar
shal, III receiving the money. acted in good
talth, and without the slightest intention to
misappropriate the money or in anYwiSe tn
defraud the city or Mr.. Campbell of the money.
That the mayor, in consenting to the arran 9e-
ment made by the marshal with Mr. Campbell
did so from no mercenary or dishonest motive
That both mayor and marshal acted for the
sole purpose OF accommodating Mr.. Campbell
and their action IL the premises, was not the
result OF any intention TO violate the law.
W hat they did do, did not, and could not re-
suit in any harm to the city or any Individual
1t was simply irregular and technically a yio-
latlon OF law but is not sufficient cause for the
flaming resolution introduced in the council,
Their action could not be productive of SO
much harm rs the malignant and Vindictlye
motives which actuated the author of I'll G res
olution, and which are too frequently display
ell. Your committee consider the action of
the councilman who instituted this investi-
CATION, as being the natural product of malign-
ant and spiteful motives, which have for their
end the persecution of the mayor, and bring
ing odium and disgrace upon his administra-
We condemn the motives which actuated
author OF the resolution, and do not consider
lowing MIR. Cam nbell IN his 10
serving OF censure, and therefore recommend
that the further consideration of the resolu-
tton be indefinitely postponed.
j. f. EPSTEIN, -,
w. w HIBREN.j Com.
Mr.. Epstein moved that the maiori-
ty report be adopted. Seconded by
Mr.. Hibben.
Mr.. Eskridge moved as an amend
ment that the, minority report he
adopted. Seconded by Mr.. Wood.
Then followed considerable discus
sion for and against the amendment,
when it was generally consented that
further discussion be postponed.
Mr.. Epstein then read communica.
ton from the fire department., petitions
ing the city council to procure four "A
rubber coats for the use of pipemen
and engineers, and also that the els
allow and pay to each member of tile
fire company who shall appear and
perform his duties at any fire, tile sum
of two dollars for each and every fire
at which he may attend and perform
such duties. and moved that the same
be referred to the committe on fire de-
partment with directions to report at
next meeting.
The ordinance providing for a spec
ial election in the Sd ward, reported by
the committee on ordinance, was then
taken up for consideration, the rules
suspended, and the ordinance provid-
ingfor such election on Monday the 1st
day of February, 1875, was considered
by sections and adopted by unani-
nous vote.
The reports of the investigating COM
mittee was again taken up, and after
discussion it was generally consented
that ali motions before the house on
the subject be considered withdrawn.
BY consent, at the request of the
mayor, the majority report was con-
sidered as amended by striking out ali
after the following sentence: "It was
simply irregular, and technically vi
Olation of law" and inserting in lieu
thereof, and the committee recon-
mend the adoption of the following:
ReSoiUed, That while we disapproveI
of the course persued by the mayor
and marshal in allowing Mr.. Camp
bell to run his billiard hall without liz
cense for the short time shown by the
evidence, yet taking into consideration
their motives, we do not deem their &C
ton deserving of censure and fully
eXhonorate them from all blame.
Mr.. Epstein then moved that the
majority report as amended, be adopt
ed. Seconded by Mr.. Watson.
MIR. Eskridge moved as an amend
ment that the minority report be
adopted. Seconded by Wool.
Mr.. Fskridge desired TIE yeas and
nays called.
The motion as amended was then
put and resulted in the following role
Ieas-Eskridge, McCarter and
Wood.
NayS-Enstein. Takin- Hihhan and