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

NJ Caldwell VINO was HW7lH lNilAAlNk
Ma seat AMID applause,
Recorder Peaks appliances for n leave
II absence for thirty days, was read
lnd granted
The report NJ the committee epproy'
ng tho bonds ofJ, q, bogel, city as'
lessor aud collector, and j, w, Bowen
~ treasurer, was read aud adopted
The mayor placed the following on
.he standing committees
on hnanGe-Aldermen Mcintyre,
darlington aud lGryay,
Ways aud means Aldermen lGryay
Holland aud darlington,
Claims - Aldermen darlington,
Shone aud Caldwell,
lleyiaala aud unfinished business
Aldermen Caldwell, Sheldon aud New
son,
Streets and bridges-Aldermen New
sou, Caldwell and sheldon,
Fire Observation-Disclosures Shone,
darlington aud lGryay,
Public buildings aud markela-Al'
dermen Holland, Mcintyre aud shel'
don,
Observation-Disclosures Sheldon, New
ron and Caldwell.
lIoapitala-'lhe mayor Aldermen
NewHon, Eryay aud health olllcer
Ordinances Aldermen Holland,
Newaon and Sheldon,
Purchases Aldermen Hhone, Gar
llngton and Mcintyre,
Public aohoola-'lhe mayor, Alder-
men Nowaon, Holland, sheldon aud
Caldwell.
Polloe-'rhe mayor, the others 10 be
elected,
Alderman NewaOm made u motion
TINT j. N. Ogden, the late asathaor and
collector, be instructed 10 turn over the
books aud all the appurtonAnces OF the
Office Of city assessor and collector TO
J. Q, Bogel, the newly elected asaessor
and collector.
The mayor then read section two
hundred Of tho city charter
Whenever any person shall be ro'
moved from any Office, or the term for
which he was elected or appointed has
expired, or he has resigned, or hns
ceaaed 10 net In his official capacity, he
shall deliver over 10 his successor, NIL
bool,a, pnpers and eiiecta In any way
nppertninlng 10 hls Office, Every per
non violating this provision shall he
guilty of u misdemrnnur, aud shall be
deemed nm offender, within the means
Ing Ofhny law OF the state Furnishing
such olienses; and In addition thereto
no shall, on conviction be fore th q
mayor or recorder, be- fined In sum
not exceeding five hundred d0liara,
aud imprisonment for any time not
exceeding six months, or either. Any
officer who shall have been trusted
with tho collection or custody OF funds
belonging 10 said city, who shall be In
default OF said city, bteides being lia'
bio 10 criminal prosecution and n civil
action for debt shall thereafter be in
capable OF holding any office under
said city, until tho amount of hih de-
falcatI0n shall have been fully ppid To
said city, with twelve per cent, In
tereHt.p
Alderman Sheldon said that ho did
not believe the council had Juriedic~
ton In the matter, and that he did not
believe they could compel Mr., Ogden
to turn over the books, etc.
Mr., Ogden asked permission to
speak, which being granted, he said
: In substance: I'll have contested the
election ana the necessary papers have
been served upon Mr.. Bosel. have
examined the charter thoroughly, and
il provides no means for contesting an
election. 1t IL silent upon that point.
have consulted with three of the
ablest attorneys at this bar and they
have adviaed me M to the course | am
pursuing. The council has no jurisdic
ton in the matter. The legislature o.
1876 passed an actproviding that where
> there was no provision In the city
y charter, contests of elections should bt
tried by the higher courts,N He salt
he WAS his own successor and shoulC
follow the advice OF his attorneys il
the matter.
Alderman Newsom said that the
: council was not trying contested cleo
ton, but merely demanding the prop
erty and the rights OF the city. The
city looked to them to protect hel
rights, and it was their duty to 90 So
The books and the appurtenances OF
the Office were the property OF the city
y and as Mr.. Ogden was no longer city
assessor and collector, he had no right
to hold them, [Great applause
Alderman Sheldon arose, and stated
that he would get down to "brasi
tacks" himself. He said the city coun-
Gil could not force Mr.. Ogden to turn
over the books and appurtenances OF
the Office. The matter was in the
higher courts and beyond their juris
. diction.
Colonel Willard, attorney for Mr.
Y Bogel, asked permission to speak. He
said that according to Mr.. Ogden tn,
4 city charter having made no provision
; for contesting an election, he Ogden,
had carried the matter into the state
, courts and proceeded under the state
law, and inasmuch as he had done this
he must be governed by that law. IL
circumvent this, Mr.. Bogel had filed
the necessary bond in such cases in the
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