The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-04-16

Ito argued that on llip NAy " WV
lion Mr., Caldwell was not the owner
of any real estate IN the city oi pAllas'
That on tho day of election he was ~
arrears 10 tho city for unpaid laKeA'
being Indebted IN The sum of one nun
bred dollars for due and unpaid oeep-
nation laxes, lie said that he would
that Mr., Caldwell hah
since the election liquldaied all laNes
due by him 10 tho city government
vet under section ton Of tho city char
tor he was Ineligible aud could not law
fully be indicted intn ollloe'
Mr., Charles u, Tucker, attorney rep
resentIng MI Caldwell, stated that the
of tho opposition In em-
ploying counsel 10 argue the case was
unexpected to both himself and Mr.,
who had secured him just
then 10 answer Major livooka' lie, IN
Mr., Caldwell'a attorney, was willing
TO acknowledge that he had no proper
ty standing In hla own name, but that
no did have property In hia wlfe'6
name, which rendered him eligible
to the Office, and that the property
could be taken for any debts Mr. Cald-
we'll might incur, and that II was In
reality the same aa though he owned
separate property In hla own name
N 10 his having owed The CITY Oocupa-
ton tax, he had not yet taken the oath
Of Office and could not become m
alderman until he had done ao' Since
tho election no had paid hla occupation
tax, that II would have been paid prior
TO hIa taking the oath Of office, and
that no now stood eligible ana qualified
10 be sworn In M alderman elect from
the First ward,
Alderman Nowsom called for tho
aueatlon ~ 10 whether 0r not lac
ahould bo NV Orn In under the apocllled
oath.
Alderman Eryay moved that the
matter be deferred until tho night ses'
sion,
Alderman Sheldon seconded the
motion,
The mayor stated that the council
had failed 70 vote on Alderman New
aom's motion, only two voting,
Mr.. Caldwell asked permission To
speak, Upon the request being grant
ed, he stated that he did not wish To
take hi4 sent unloas he had n right Ia
II, aud chat he wanted the entlro coun'
oil 10 vote on the matter, M he would
not accept the seat under euch vote
II they chose 10 vote for seating HIN,
well enough; ard If they chose to vote
against II, II was al right lilo wanted
thcm to vote according TO their con
vIctions, ~ he did not wlsh to be seat
ed by wrong, lApplNnsc.l
Alderman Nowsom moved that M
two had voted Ia the affirmative and
none In the negative, Mr., Caldwell be
allowed TO take his seat.
There appearing to he n misunder-
standing M to the vote, Alderman
Ervay expressed doubt M to whether
the council had jurisdiction In decid
ing the question, and moved that thu
matter DO deferred until the nigh
session,
Alderman Newsom then moved M I
substitute to Alderman Ervay's mo
ton, that Mr.. Caldwell be sworn In
He stated that II was not for them I,
decide ~ to his eligibility, but M b
whether or not he should take his sea
In the council. There were those pres
ent who could not speak concerning
the matter, but that they spoke will
their feet, aud that IL was evident tina
Mr.. Caldwell WAS their choice. Tn
motion was seconded.
Alderman Holland stated, that 80 IA
AZ he knew, all the members were II
favor of Mr.. Caldwell taking his seat
If he was entitled to it, and that he wa
in favor OF postponing the matter unit
the night session, when the matte
=, could be more fully looked into.
The mayor said that tho substitute
i, offered by Alderman Newsom wa
now In order. Upon II vote beip
> taken, the motion was lost.
Alderman Ervay moved that tn
matter be referred to II committee o
investigation, to report at the nigh
session; also that the city attorney b
added to the committee. Carried.
j. b. Hereford was sworn in ~ cit
=, secretary, giving approved bond in tn
, sum OF 81 900.
w. II. Morton was sworn In az cit,
, msrshal, giving approved bond in tn
a sum of 1000
-, Barnett Gibbs was sworn in as cit
attorney, giving approved bond In tn
y sum of $1,000.
! j. w. Bowen was sworn In az cit.
/. treasurer, giving approved bond in tn
). sum OF $50, 900.
y J.C Bogel, the newly elected cit
assessor and collector, was called FOL
ward to be sworn in, when Alderman
Sheldon arose, and said that 1t wa
well-known that there were rumors o
controversy rs to his tax ing hi
!, seat.
Alderman Newsom suggested tina
he was out of order, as no such matte
was before the council.
The mayor said that the council di,