The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-04-20
COUNCIL PROCEEDINGS.

The Funds OF tho city SIM Tied In the
Hands of tho Assessor and CoIlec-
tor-Tbe End OF the wrangic Not
Reached.
Called meeting.
Meeting called TO order by his honor
the mayor.
All present,
The mayor announced that tie first
thing to be be done was the unfinished
business Of last meeting, which was
the committees report on the report
of the assessor and collector.
Alderman Jett stated that the COM
mittee ON finance and the city attor-
ney had conferred with Judge Barks'
dale, who was present and ready to
give his opinion.
BY order of the mayor the assessor
and collector was called.
The mayor then stated the object OF
the meeting Of the council to him, and
asked him II he had any proposition
to make, or any change of opinion.
Mr.. Ogden then stated that he was
not prepared to make any proposition,
and he did not know what PROPOSE
ton would be accep table. He said he
was as anxious to have the matter set
tied as ary member of the city coun-
Gil. He only wanted his legitimate
fees and costs, no more or less. That
he does not feel justified In turning
over the money Internationally, with
out some guarantee. He wants the
matter settled and Is anxious to do 1t
amicably.
Alderman Crowdus moved that
Judge Barksdale be heard. Carried.
The Counsel gave it rs his opinion
that the collector could only claim
fees tor actual money collected, and
when the city became the purchaser
of property; that when the city real.
lied its taxes from that property, then
the costs and fees of the collector ac-
crued to him that the council had
the right, for want Of confidence in an
officer, to vacate his his office summa-
rily, without any notification to him.
He quoted many authorities In sup
port of his opinion.
Colonel Stemmons then, by permits
sion, addressed the council and stated
that so much of his opinion as he
heard read, had less law TO support II
than any he had overheard In court
room. Colonel Stemmons then argued
the point ofthe Sums to the comptrol-
Ter. That the city assessor and collec'
tor and his bondsmen were looked to
by the comptroller, and not the city,
and he has the right to apply the city
funds obtained from the sale Of lands
Oh which the taxes Were due.
Judge Barksdale then asked permits
sion to explain certain positions OF bis
opinion, as they had been miscon-
strued. He then made long speech,
and was then followed In reply by
Colonel Stemmons, who spoke for
long time also. A CONSULTATION was
then held by the council.
Alderman Newsom then offered the
following resolution, which was car
rled unanimously:
Whereas, on the third day Of April,
1877, the city council Of Dallas did, at
regular meeting, adopt the following
resolution, to.wit:
RESOLVED, That the assessor and col
lector be and hereby is ordered TO turn
over at once all funds belonging TO the
city In his hands, In accordance with
the city charter.
And whereas, the said assessor and
collector has so far failed TO comply
with the resolution, be IL
ResOlred, That the assessor and col
lector turn over 10 the city treasurer,
on or before the twenty-iirst day OF
April, all moneys now In his posses
sion belonging to the city, or appear
before the city council on the twenty
fourth day Of April, and show cause
why he has not complied with the res.
olutiOn.
Council adjourned to Tuesday night.