The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1876-01-07
OF THE CITY COUN-
GIL, MONDAY EVENING, JANU-
AIRY Sd, 1915.
lculaTS duUEeSS
j. s. EMMERT,
Fort Scott, Kan.

AIRY Sd, 1875.
COUNCIL CHAMBERS, Jan. Sd, 1876.
Present-Mayor Bay, Messrs. Baker,
Lowe, Epstein, Hibben, Bancroft, Watson
and Nichols.
Report of police judge for Dec, 1875,
read and filed.
The city attorney reported the follow
ing in relation to the petition OF David
owen to have criminal prosecution dis
missed.
To the Mayor and COuRciImeR:
Referring to the accompanying a1fidav-
It Of David Owen, which suppose is to
be considered as showing prima facie:
in Emporia township for the year 1915.
2. That he did pay II.
3. That he has, and previous to pro-
ceedings in this case had, done some work
for the city for which no charge is maze.
Under the circumstances l think he
ought not to be prosecuted. If Mr.. Gill
chriest believes he can make good his
prosecution, he has g. right az an tndivid-
ual to insist on the prosecution, he being
liable under the statutes OF the State for
costs. II he Is acting in the matter as an
agent Of the city only, think you may
rightfully direct that the suit be dismiss
ed. j. JAY BUCK,
City Attorney.
Mr.. Epstein moved that the suit be dis
missed. Motion seconded by MIR. Lowe.
Mr.. Watson moved the following as an
amendment:
Re0Olued, That the street commission
er be instructed to ascertain whether the
facts in the case OF the State OF Kansas VS..
David Owen, are as set forth in said
Owens affidavit, and IL such facts appear
to be as stated that he dismiss said suit
council. But II the facts are not. In his
opinion, as stated in said affidavit, then
that he press such prosecution to con-
clusion.
MIR. Bancroft seconded Mr.. Watson's
resolution.
Mr.. Hibben moved as amendment to
the amendment that the street commits
siOner be instructed to dismiss the suit on
Mr.. Owens presenting to him q receipt
for his road tax for 1875, from the road
oVerseer In Emporia township.
Mr.. Hibben's amendment to the amend
ment to the motion was adopted
Committee on claims reported in favor
of allowing the following claims: E.
Upton, teamster, $40; Z. T. Nichols, mar.
shall, $40; II. Birdsall, policeman, $40; E.
IA. FOrde, clerk, $25; j. Jay Buck, city
attorney, $25; StOtler & Graham, printing,
$3.50; e. T. Nichols, boarding, $24; E.
Epstein & Co corn for city team, $500.
Committee on ways and means report
ed that they examined the reports OF city
treasurer and city clerk for quarter end.
ing Dec. 18th, 1875, and find the same
correct, and the clerks report was order
ed published.
The following is copy:
To the Honorable Mayor and Council
men Of the City Of EDlpOrIG, Kansas:
GKNTLEMRN:-
financial condition OF the City of EmpOria,
At the close Of the quarter ending Dec. 10,
1875:
Bal in street fund. .$ 207. %
Bal in special fund for repairing
slOSWalkS. oIsAV
The treasurer's report shows that be
has oVerpald orders on funds as follows:
Interest fund. S73. II
General fund .......... $500. .67
The books in my Office show that there
remains unpaid and outstanding orders
on the general fund as follows:
On issue Of 1870. .....$ S.45
Su issue % 1SIA-.- --..---.. S.OO
On issue OF 1873 .. . 1890
On issue Of 1874 ....... .. 50.37
On issue OF 1870 NEUTRALITY-SUSPICIOUS.. 1887 90
During the quarter there has been
drawn on the several funds as follows:
General fund .....Si ,2S2. 81
street. Iund..... ............... 1l0.O2
The general bonded indebtedness Of the
city Is the same with the exception OF
some accrued interest) as given in the
Sept. 10Th, 1872. E. II. FORDE,
City Clerk,
Mr. Bancroft presented petition from
property owners along State street re-
questing that the width OF said street be
shortened ten feet on each side, also an
ordinance fOI the same, and moved that
they be referred 20 committee on streets
and alleys. Carried.
Mr.. Hibben from special committee in
relation to city Weigher and meAsurer,
desired further time, which was granted.
Mr.. Bancroft moved the adoption Of the
following:
Resolved, That the committee on police
and license be and are hereby instructed
to inquire and report AZ the next meeting
Of the eounciI, the best terms upon which
cell in lhe county jail can be procured
for city prison, and the best terms for
boaFdssR city prisoners.
AetiOa carried.
The city attorney presented an ordl-
nance to regulate the running OF railway
engines, cars and trucks, within the Iim-
its Of the City Of EmporiA, Lyon county,
Kansas and to prescribe rules relating
thereto. and 70 govern the speed thereof,
and 70 prevent accidents, and to prohibit
the obstruction Of streets. crOsswalks and
sidewalks, which was considered under .
Suspension Ofthe rules and adopted by
. unanimous vote,