The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-21
CITY COUNCIL.
The Mayor Makes an Explanation
which tIicits n COunter.state'
ment From the city Attor-
ney-Minutes of the
Meeting.

The city council met in regular session at
the council chambers last. night, Mayor
Thurmond presiding Roll called Absent
Aldermen Ballard and Tillman. The min
utes ofthe last regular and special meetings
were read by the secretary.
The mayor said that, before approving the
minutes, he would like to make an
explanation, though he did not
mean il as formal protest.
He said the gaming ordinance had never
| been enforced he could not enforce the
gaming ordinance; he had never attempted
to; he had remarked on the illegality of the
ordinance; the committee had, by not allow.
ing bis counsel argument, placed him in u
false position; the charges under which he
fined were simply gaming; the papers did not
say where 1t was; under the
head of the generic term gaming,
he fined them under the vagrant ordinance.
He could not fine them for gaming, as he nor
any Justice Of the peace had jurisdiction in
| the matter and as the vagrant ordinance
covered such characters he fined them under
that law. He said, knowing this, he advised
City Attorney Gibbs that they proceed
under the yagrant ordinance. The mayor
| then read the testimony Of Mr.. Pilefer, for
merly city clerk, and commented on the
same. He argued that he could not fire the
keeper of gaming house for gaming, and
could only fine those who played Really he
had fined them wrongiully in giving them 81
and costs under the vagrant act He
had proceeded confidently thinking all
brother city officers. If party
wanted to plead guilty, that was the end Oft.
The mayor read parts of officer Clemens
testimony, in which the witness said that the
gamblers could be fined in the county court
| knew that we were proceeding illegally, and
so did Mr.. Gibbs. did not think there
could be any harm in it. My attention was
never called by City Attorney Gibbs, or any
body, that was proceeding wrongfully.
Most ofthe witnesses testified on the inves-
tigation that | said that we had some of as
good policemen as any town in the state. He
said in conclusion that he would sign the
minutes but would do so under protest.
The city attorney said that it would not be
proper for the mayor TO sign the minutes,
but that it devolved upon Alderman Bohny,
acting mayor. The council agreed with the
city attorney and Alderman Bohny came
| lOIWhlu hiN siSuNh
Alderman Whitla, chairman OF the COM
mittee on ways and means, stated that ten
acres of land had been purchased for the city
for the deposit of otial, and that the city at
torney had investigated the title, and finding
it defective, the committee asked for further
time in which to make their report. Ad-
opted.
The committee on claims recommended
lnt l,,,1 h.
Hynson for $l2 so for one lost. Adopted.
Recommended that voucher for SIG IS
be issued to Marshal Morton. Adopted.
The committee recommended the payment
ola batch Of accounts amounting to Sl,07S As,
which were allowed and ordered paid.
Alderman Wheelock said that he had
stricken out some SIS in the HERALLD's
account, the official journal Of the city,
which it had charged for publishing the
council proceedings Such thing had
never been done before He did not under
stand it, and he did not think the council,
did.
The committee on streets and bridges
recommend that the petition of L.
Wagner in regard to filing up hole
and F. Fendrich, complaining of over assess
ment In opening of jackson street. and ask
ing a rebate be granted. Adopted.
Alderman Wheelock moved that the city
attorney be instructed to draw up an ordi-
nance in accordance with the change in the
assessments. Carried.
On motion of Alderman Bohny, it was car
ried that Cabell street be extended north TO
Pearl street, and that it be known AS
Pearl street, and that the city attorney
be instructed to draw an ordinance in ac-
cordance herewith. Adopted
The committee on police recommended
that all special police permits, of whatever
nature, be cancelled from and after July 20,
1880, and that holders of same also now take
notice that their permits are now invalid,
though not to apply to the following names
j. S. Scott, Waterman Texas & Pacific de-
pot; Albert Tichenor, Union depot Ben
johnson, Houston & Texas Central railroad :;
M Roberts, Todd mills; II Snyder, isil
yard; Alex McKinnon, elevator; w Ramsey,
on Main street; John Overland, street force;
John Dempsey, Elm street; Jack Duhig,
scavenger; Thomas H Dryden, transfer
depot; W S Phares, oil works. Adopted.
The mayor stated that he wished to state
that if the city attorney would prefer
charges against the gamblers that he would
put them through.
The city attorney replied that it was f r
the police and not for him to prefer charges.
The petition of the Middleton brothers
asking permission to open Field street, from
Main street to Ross avenue, they proposing 10
do the same at their own expense, was read
and referred back to them, with the under.
standing that when they opened it the city
would grade and bridge it, the work to be
supervised by the city engineer.
The petition Of citizens asking that the
city build a bridge at the intersection of High.
land street and Mckinney avenue was read
and referred to the committee on streets and
bridges.
The petition of w. S. Phares, pound
keeper, asking for night Waterman, was re-
ferred to Marshall Morton, with power to
act.
The petition of Mrs. Abel Collins asking
rebste OF taxes overpaid, was read, and the
city secretary was instructed to draw warrant
In her favor for the amount overpaid.
Dr. j. l.. Carter, health officer, recommend.
ed that the office Of "slop contractor" be
created for the removal of slops. 1t was re.
ferred to the committee on streets and
bridges.
The health officer recommended that street
cutters be placed along certain streets.
On motion of Alderman Bohny
the city attorney was instruct
ed to draw up an ordinance compell-
ing proper parties to put down street cutters.
A batch of claims on the city was re ferred
to the committee on claims.
In regard to the city park donated nv Mr.
% thn nttx he nsk aSA.