The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-18
IN THE MATTER OF THE MAYOR
The City Council Take no Action On
the Report of the Investigating
Committee, and Postpone
Action Until August

The city counci met at the city hall last
evening pursuant to adjournment Alder,
man Bohny presided. Roll called-full board
present
The secretary read the resolution intro.
duced by Alderman Tillman and other por-
tons of the meeting, as published in the
HERALD.
Alderman Wheelock moved that the Mt.
torney. for the defense be allowed one hour
in which to speak.
Alderman Tillman moved that the attor-
neys for the prosecution as well AS the de.
Tense be heard each for an equal space of
slime. Carried.
Judge Field, counsel for the defense, stated
that until one hour prior to the meeting Of
the council, the attorneys for the defense had
not been notified of the meeting and Mayor
Thurmond had never been notified.
The resolution introduced in the council
expressing "want of confidence" in the
mayor, was not worth the paper upon
which it was written. No notice had been
served save upon the attorneys for the de,
tense.
The secretary said he had written the
proper notices and placed them ia the hands
of Deputy City Marshal Arnold.
The deputy marshal state that he had
served the notices on the mayors attorneys
but not upon the mayor himself, as he could
not be found. He had looked for him, and
had gone to his house, and the mayors wife
had informed him that he was not in the
city.
Judge Watts attorney for the prosecution,
was heard. In his judgment, the mayor was
not entitled to any notice, under the crcum-
stances, he read from the city charter, sec.
ton l99 and argued that the law did not
contemplate any notice in such cases. This
WAS by resolution, and not upon specific
charges. He could not see the necessity of a
notice to an officer from the city council
declaring a want Of confidence in him. When
that is declared, the operation Of the law is
that he has been removed from office. When
the council declares that it has no longer
any confidence in on officer, the law, of
itself, removes. lie argued ut length that it
was not necessary under the law to give the
mayor notice.
Colonel Crawford, for the defense, nd
dressed the council. He acknowledged his
want of information in regard to the case.
lie had not even kept up with the current
newspaper accounts of the affair; vet he WAS
satisfied that under the law and the attend
ing circumstances, that the council had no
power to take further steps. The mayor had
retired, he eupposed through sense of delca-
cy, and as he was absent, what transpired is
not to be supposed was known bv him.
Marshal Morton phop,,np h.,
with corruption and malfeayapr.
IN office, in the report Of the in
veStigotng committee the council, which
was received, and in that report Marshal
Morton was severely reprimanded. The
adoption of the committees report
by the council decided the matter
between Marshal Morton and Mayor Thur
mond, so far as that body was concerned,
yet one of the investigating committee INTRO.
dueed a resolution declaring want Of conf
dence in the mayor and declaring that office
vacant was read, and here the procedure
took a new phase, TIE mayor was not
appointed by the council, but elected by the
people, and the clause in the city charter
read by Judge Watts applied only TO officers
who were appointed by the council, and did
not apply in the least to the case in question.
The mayor did not derive his office from the
council, but from the people. Such indie
cent haste upon the part of the council would
be contrary to decency and sense of truth
and justice and ifthey entertained the motion
they would make u stab at the rights
of the people, and it was
for these reasons they had no right at that
time to proceed.
Mr. Cowart, for the prosecution, said that
the mayor WAS present when the council met
Friday night, and had absented himself. He
could not be found with search warrant.
and as he had plenty of notice he did not
see why the council should not proceed.
Alderman Whitla moved that the matter
he deferred until the mayor arrived in the
city. He moved to adjourn until Tuesday
Not seconded.
Alderman Ballard stated that the resolu-
ton introduced at the former meeting was
before the council
Alderman Hunt said that Alderman Till
man was going to leave that evening
New York, and MS he desired full boar
present he would move to postpone further
action until the second meeting in August.
Alderman Whitla seconded the motion.
Alderman Keller offered the following as
y substitute:
Resolved, That the matter now pending
before this council he postponed until the
second regular meeting in August, and that
the secretary be requested to inform the
mayor that his resignation will be accepted
at that time.
Resolution not seconded.
a vote was taken on Alderman Hunts mo-
ton which was carried.
Council adjourned.