The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-29
CITY COUNCIL.

I'll
rhe Argument Of Counsel In the May.
~ oralt,y MAtter-The Council De-
All clare Colonel John Stoae the
n Mayor Elect not Eligible, Dy u Vote
q of six Two.
The city Council met at the council cham
Der at ten o'c oek yesterday morning pursu-
ant to adjournment, to hear the argument of
counsel ard to take action regarding the eli-
pibili,y of Colonel John Stone, mayor elect,
10 take his seat. There was
full board present, Mayor
Good presiding
There was a crowd of the curious gathered
in the hall, to watch the proceedings. There
were good many colored people present as
we'll as white repu ,lcsns, who appeared to
be deeply Interested, There was deal of
ejaculation rs to how the different members
of the board would vote, and it was generally
Thought that Colune Stones claims would be
supported by at least three members of
the board, aud there we're many
who thought there would be "a tic vote. A
six foot darkey, who was over sanguine, was
h,srd to remark; "Dsr amt but one agin Mr..
stone, and dat's ole Mr.. Ballard; 'clar
dat man ought to be hung"
Messrs. White g. Plowman, and Judge
Bsrksdsle appeared as counsel for Col.
stone. and City Attorney Gibbs and Mr..
Morgan, his partner, represented the city.
The attorneys had great piles of authorities
stacked on the table, to which
they referred frequently and at
length to sustain their positions. There was
some squsbbling between the opposing
attorneys as to which side should. open and
conclude the Argument
On motion of Alderman Williams, of the
frs! ward, the matter WAS left TO Mayor
Good to decide, which he did, ruling that it
was incumbent upon the counsel for the city
to open and close the argument. He said
that Colonel Stone was presumed to
be eligible to the office until
he was proven to be ineligible, and that it
devolved upon the city to prove tina! he was
not.
City Attorney Gibbs, who opened the
argument, made an able speech, tersely and
plainly presenting his side of the question
He was followed by Judge Barksdale, who
made forcible argument in support of
the eligibility of his client Judge
White, his associate counsel,
followed, arguing the question
at length. Mr. Morgan, for the city, conclu-
ded with stirring speech. The main ques-
tions discussed were ss to whether or not
Colonel Stone had resided in the city suf
fcient length of time to qualify him to
hold the office, a. is prescribed by the city
charter; as to his rendition Of taxes to the
city, and as to where he made his home
and what constituted his
residence. The argument Of the counsel on
both sides was heated and vigorous, and save
an intermission of one hour at noon, they
spoke from 10 a. m. until 5 p. m.
AT the conclusion of Mr.. Morgan's speech
the members of the bar hitched their chairs
closer up to the table. Mayor Good asked
what they proposed doing in regard TO the
matter, when Alderman Hunt offered the
following resolu ion:
Resolved, That John Stone, mayor elect,
of the city of Dallas, is entitled to be inau-
gursted in said office.
Alderman Tillman moved the adoption of
the resolution which was lost by the follow
ing vote Of two for to six against:
Aldermen Ervay, Williams, Ballard,
Clark Garter and Moore, opposed the
adoption of the resolution, and Aldermen
Hunt and Tillman favored H.
Alderman Williams then moved that the
council adjourn until Saturday, at which
time tax will be levied for the ensuing year,
and it was carried.
STREET TALK.
The action of the council did not create
much surprise, for it was generally looked
for. The republicans who supported
Col. Stone are inclined to attribute
the action of the council to political pr'judi.
&c, although Alderman Hunt who offered
tho resolution that he be seated, Is a demo.
crat. Next Saturday, on the me- ting of
the council, new election for mayor will be
ordered. Colonel James G. Eblin is promi.
nently spoken of by the democrats as their
choice.
When asked by HERALD reporter If he
intended to take his case into the courts,
Colonel Stone answered that he did not then
know what he would do, and could not tell
until he consulted his attorneys.