Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1880-07-10
THE CITY COUNCIL.
cousc1L RooA. YAsrros. july 8. ,s

SooNSAA Asoo1s 4hNhION. July o, locOs
Council met in special session and was
called to order by the mayor who stated
the object for which the council was
called together was to provide funds for
payment of lands condemned for levee
purposes, to consider the question of al
lowing the Sioux City & Dakota railroad
the right OF way over said levee, to con-
slider the communication of the mayor to
the council refusing his signature to
warrant ordered issued to James Noonan
for services as special policeman during
April, May, June and July, 1877, and to
take action on application Of Fred Lerch
for liquor dealers license.
Roll call showed the following alder
men present: Bramble, Max, Gilman,
Powers and Turner, (5); absent, Bren-
nan, Foskett and Wooley, (3).
The rules were suspended and the fol-
lowing resolution was passed by the
council by the following vote: Ayes,
Bramble, Max, Ohlman, Powers and
Turner, (5); nays, none:
That, whereas the business interests,of
the city of Yankton require that the
Sioux City & Dakota railroad company
should have track laid in near proxim-
ity to the Missouri river and along the
said river through the said city of Yank-
ton. Therefore be it
Rcsolced, That permission be, and is
hereby given the said Sioux City & Da-
kota railroad company to lay such track
or tracks as they may deem necessary
over that portion of the city Of
river known as the levee.
Reserving however the right to the city
of Yankton to at any time grant an equal
privilege to any other railroad compa-
MES, corporations or persons, and ex-
pressly reserving the right to the
said city of Yankton, ID. T., to with
draw all privileges confirmed hereby, on
first giving such railroad company six
months notice to quit said premises.
The rules were again suspended and
the following resolution was adopted by
the unanimous vote of the council.
Resolced, That warrants be issued to
the amount of sixteen hundred and
thirty-seven ($1,63O dollars to the order
of Bramble, Miner e. Co., Z. p. Wilcox,
j. G. McVay and Adler & Gilman, paya-
BILE on or before the Both day of April,
1881, to be delivered to the aforesaid
Bramble, Miner & Co., E. P. Wilcox, j. G.
McVay and Adler Il Gilman, upon pay
msos BY to the them city Of treasurer an sqne to
applied by him in payment of damages
assessed to parties owning land condemn,
ed for levce purposes under resolution
passed by the city council held June 7th
1880. And be it further
Rcsolued, That the city clerk be and
is hereby instructed to issue warrants tC
the order of parties owning property
condemned under aforesaid resolution il
amounts as indicated in the schedule o.
damages returned with the port of the
committee appointed to assess sale
damages. said warrants to be issued a.
soon as there are funds in the treasury
to meet them.
The mayor presented the following
communications:
YANKToN, June 80, 1880.
To tie Honorable Council Of tie city Of Yank
| ton:
GENTLEMEN:-I herewith return to your hon
l OTuDlc DOuS Dlll VI JaUleS NoOnHu IOT laDO
May. June and July, 1871, withholding my sig
nature for the following reasons;
The charter of the city of YanktOn, 1879. pag
II, section II. provides that the mayor shal
have the experimenting and control Of all tn
officers and affairs of the city, and shall take
are complied with and this he took a solemn
oath to do The allowing of bill for services
performed even by an officer cannot exceed tina
expressly allowed. And find that the services
of MIR. Noonan were such that an officer shoule
not receive pay for unless collected from per
sons arrested, which W, was not in this instance
perform similar services for the city and refe
to this as q precedent to collect wages therefor
The ordinance of the city of Yankton ap
proved June ~, 1873 (see ordinance book, pag
Il, II, II, ordinance No. 26) provides, LIST, du
ties of city marshal: Page ~, section t. says th
city marshal may, appoint, by and with the con
sent and approval of the mayor and council, on
or more deputies, &C., &C., and no salaries shall
be paid such deputies by the city.
Section says the marshal. for the perform
ance of any services required of him as sucl
marshal, shall be entitled to and receive til,
same fees as are allowed sheriffs for similar ser
by fhe Ia LAW in
be recovered of the defendant in case of convic
tion but in case shall the city be liable to tn
| marshal for any sum beyond the amount of hi
salary. Approved June ~, 1873.
| Section of the city ordinance page l72, No
81, provides for police force for the city, not
exceed four police in number, who shall be un
der the direction, &C. af the city marshal an,
possess the same power in service of process, ex
cept warrants issued.
Section 2 provides that policemen appointc
under section shall receive the same fees as til
marshal in the same cases and for like service.
| which fees must i'll all cases be collected of tn
defendant % upon conviction, and in ,additio
month of actual service, from the city, but i
no case shall the city be liable to the said pu
sean or to to any OF them fSr any sums beyon
Page lu3, section 1, provides for private per
sons employing special policemen by making ar
pllcatiOn to the mayor and council.
Section provides that such special policeme
shall be under the sole control of the person 0
persons who so employ them and who shall b
for the o such special Gs
cur any liability of any character whatever
reason of the appointment of such special. pt
licemen.
Section provides for badge of Office
Section provides that any one who shall wea
Il badge of or similar to a policeman within tn
city of Yankton lothcr than regular or specis
poiiceman) shall personate such officer or to el
: ueavor to SO pcrsonatc such officer, or sha
falsely pretend to be policeman, or shall see
. to exercise any auth thorlty as such. or shall N
tempt to do any other act under color of sue
pretended authority, every such person, upo
conviction thereof shall be fined not less tina
fifty dollars and imprisoned not to exceed thil
ty days for every such otfense. Passed June
1877; approved june 5, 1871.
City, ordi nance book, page 2l9 of May ., 1877
provides for the first time for the appointmel
, OF spccial poHcc W Ine mayor II nc may oeelli
necessary for the public good. Such speci
police to receive only such compensation US Il
regular police force receive, provided that Il
period of such appointment shall only extend
the next regular meeting of the city council, III
less the council then confirm such appointment
, The same ordinance also provides for but Q,
= resular policeman, who shall also be ex-otfic
n city jailor, thereby amending the entire ord
nance hereinbefore referred to.
All of which is respectfully submitted.
j. r. SANBORN,
Mayor.
A1, u,,u,,. 80, T., ,>,>I:.,> A.,