The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-09-12
vHE DALLAS RERALD MoRN1NG sEprEMRER H. 1850

sought the office and qualified under The
charter; that the Legislature alone had created
that office, and in doing SO had placed
the conditions upon its acceptance
that 1t is not an office created by the constitu,
ton, nor is term fixed thereby; that there was
no constitutional provision requiring the legis-
lature to create the office of mayor, or to fix
its term, or the mode and manner of filling
the office or the mod, and manner Of remov-
ing the incumbent thersfrom; in short the
legislature in this particular 10 supreme, and
the constitution has no application Whatever.
| The objection urged is that the provision
violates section 10 Of tho bill of rights, that
the proceeding is net according to the law Of
the land. The speaker here read from Cooley
on constitutional limitations to the effect, that
cases relating to municipal corporations stand
upon peculiar grounds and an exception to
the general rule,snd that whatever is author
lied by the charter is the "law Of the
land" in the particular case; he also re-
ferred to several cases 10 establish the
same principle He said that the very ques-
tioA had been presented to Judge Aldrdge
and had been fully argued by able counsel
In behalf OF Thurmond; that after careful
examination Of this question Judge Aldridge
decided that the provision in the charter was
valid; that Thurmond now wished to APP
psal, not to the supreme court but to the
people of the city, to reverse the judgment
OF an able, honest, impartial and conscien-
tious judge; that whenever the people I'M
dertske to reverse the decisions of the courts
then law and order will cease that the pro-
ceedilg has its parallel in our state constitu-
ton; we elect our district, supreme and APP
pellate judges. Now, if they are guilty of
certain things the legislature may impeach
them, but if these judges are guilty OF con-
duct not amounting TO cause for impeach-
ment, but still of such character
as renders them unfit for the
position, the legislature may and
will address them out of Office
that this proceeding is almost identical with
that committed inS the removal of Thur
mond; that several judges had been thus
addressed out OF Office in Texas, but never
before had the people been called upon TO
reverse such adjudcations. Thurmond, by
himself and counsel, had full hearing be-
fore the committee /; he was allowed TO intro
duced; he was heard before the council, by
himself and counsel, for an hour and half;
he was permitted to introduce witnesses be-
fore tho council he had full, fair and i'm
partial hearing. He now cries persecution,
but the truth is, Thurmonds own evidence
before the committee would knock all con-
fdence out of the most confdiDg.
lie said the attacks upon the aldermen by
Colonel Stemmons were unjust; that these
gentlemen we're among our best citizens; that
Mr.. Ballard was an old citizen, some say was
found here when the country was discovered;
that Colonel Ervay is an old and respectable
citizen; so with DR.. Keller, Mr.. Wheelook
and all the others; that Stemmons had said
that DR.. Tillman was wbiter when he into
duced the resolution than ever before in his
life; that he wished to say that DR.. Tillman
was no more sponsiole for being a brunette
than Stemmons and the speaker were respon-
sible for being handsome men. The alder
men acted according to law; that the facts
not only justified but required them to vote a
want of confidence.
JUDGE THURMoNI's SPEECH.
Judge Thurmond addressed a good sized
and enthusiastic crowd at the corner of Main
and Austin streets, last night. His stand was
in front of Craddock's saloon. The speaker
was frequently cheered by his supporters,
and WAS interrupted number of times dur
ing his speech, parts of which were
very severe, rejecting upon citizens
and officials. After a pyrotechnic
display the Queen City band played several
airs making the mir to fairly blossom with
music, The speaker started out by admon-
ishing the small boy TO keep out, threaten
ing to have them arrested if they did not, if
he could find policeman sober en- ugh to dc
it. One of the guardians of the peace who
was intoxicated, had come very near assassi-
mating him that evening. He paid his
respects to the city council considering the