Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1879-08-21
,COuimon Council Proceedings.

AUGUST 10, 1870.
Adjourned meeting. Prcscnt-Aldcr-
men Wilbour, johnson, McGrath, Page
and Weisel.
Alderman Wilbour in the Chair.
Proceedings of last meeting were read
and approved.
On motion, the order of business was
suspended.
BY Alderman Page, Voted that a tax of
two thousand dollars be levied for the
year 1879, to pay maturing bonds and
interest under requirements of Act of
Legislature. authorizing the City Of Aus
tin TO issue bonds, approved March 5,
1874. Carried by ayes and nays. Ayes
5. Nays none.
BY Alderman Page, Voted that tax of
three thousand dollars, or 50 much there
OF as will be produced by tax of five
mills on the dollar, be levied for the year
1879, for general expenses OF the City,
and tor interest not otherwise provided
for. Carried by ayes and nays. Ayes 5.
Nays none
BY Alderman McGrath-
We, the Common Council, of the city
of Austin, in Mower county, Minnesota,
do find and present
ARTICLE 1sr: That N. K Noble is
a duly elected and acting Justice of the
Peace, in and for the city of Austin, and
was so acting during the whole of the
month of July, 1870.
That on the 9th day Of July, 1870, one
Mary j. Gates Was arrested upon war.
rant issued bv one l.. N. Griffith, All act
ing Justice Of the Peace OF the said city
OF Austin, and that on the said 9th day OF
July, aforesaid, the defendant appeared
| in person and made an affidavit Of prriu
dice and bias of the said Justice Griffith
| and The said cause was transferred to the
said justice Noble, and afterwards, to-wit
On the same day tie said cause was ad
journed by consent Of the parties, until
the 10Th day of July, 1879, for trial.
That on the 10Th day Of July, aforesaid,
the parties appeared. G. G. Kinsman
County Attorney, on the part of the State
and W. II. Merrlck on the part Of the
defendant, Mary j. Gates; that said cause
| was then and there tried upon the com
plant therein, which contained charge
| of larceny of a quantity of stove wood.
That two witnesses were sworn on the
part Of the State, and the evidence was
clear and conclusive, in that the said
crime oil larceny had been committed by
the said defendant, and the State then
| rested their case.
Whereupon the defendants counsel
! then and there moved the court for dis.
charge of the prisoner, on the ground that
| the State had failed 10 make out case
| which motion the court then and there
overruled, thereby deciding that the State
had made out case. That after the sand
motion was decided by the court the de-
PENDANT refused to put In any evidence,
and submitted the case to the court with.
out argument.
Whereupon the County Attorney made
few remarks upon the law governing the
case and The decision of the court as to
the amount Of the fine and submitted the
| case to the court for his decision.
That the said Justice Of the Peace, n
X. Noble, aforesaid, did then and there
on the said 10Th day of July, 1879
wrongfully, maliciously and unlawtully
discharge the said defendant from custO
dy, well knowing that there was nc
power to appeal from the decision on the
part Of the State, thereby reversing his
former decision in the same case without
there having been any additional facts
presented to linn from the time Of his
first decision in which he decided Il case
had been made out, and the last in which,
he decided there had not. A copy OF
| which evidence and docket is hereto an
DexeG and marked exhibit ga"
Placed On file, and motion by Alder
man McGrath that the City Recorder
notify justice Noble of the preceding
charges, by serving him copy of tho
same, was carried.
Application by Ira Jones Tor one years
license granting lin power to license
troupcs, &C., to exhibit in Jones' Hall
referred to committee on Ordinances.
On motion of Alderman Page, the Coun
eli proceeded to ballot for Acting Mayor
Mayor Ball being absent from the city
At the first ballot there were cast votes
Alderman Wilbour received votes, Al
dcrman Page received vote.
BY Alderman johnson, That the sub
ject of issuing licenses for the sale o
liquors ut pro rata rates be referred to til.
committee on Ordinances. Carried.
BY Alderman McGrath, That the Cit,
Recorder notify justice Noble to appea
| before the Common Council at its mex
regular meeting, to make answer in re
gard to complaint as made at this meet
ing. Carried.
| And the Council adjourned.
ROBERT GRIFFITH, City Recorder.
/