The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-02-11

Total. ..... ss.9ol n
Interest fund /" H'.' o.'' 500 20
Street FIND .....- .-..-. leg IS
sinking fund. .-..........- -..-...-- eli IS
Water works bond fund Is %
special fund. repairing Sidewalks ssz 81
Total ysas 50
During the quarter warrants have been Is
sued on the various funds As follows: 40 ~
General fund ,n.i ~ ~ ~ =
street inno -------.---..--- ~ "
Total ........ 8. as 81
| Z. n. FORDE, City Clerk
Report of superintendent Of water
works, read and referred to committee
on water works.
Communication from police judge,
read and filed. Communication from
superintendent of water works concern
ing sprinklIng stand on 4th avenue,
read and referred to committee on water
works.
Petition of Aug. Gutekunst and others
for crosswalks on Commercial street, on
south side of South avenue, read and
referred to committee ON streets and al
leys.
Petition Ofseyeral citizens for an ordi-
nance allowing all kinds of produce ex-
cept hay to be sold on Commercial street,
south of Fourth avenue, was referred to
committee on streets and alleys.
Committee on claims made the follow
ing report:
Your committee, to whom was referred
the police judges report for the month
of December, 1880, would submit the fol-
lowing: That, upon examination of his
books, we find that the total amount of
fine assessed during the month was, $780,
OF; of this then was paid, $330l leaving
fines unpaid, $500. OF fines unpaid, one
of So. case was appealed to the district
court, one of 81, defendant was commit
ted costs taxed as due the police judge
in cases dismissed, $1.75; in cases where
defendant was committed $3.50. In cases
appealed To the district court, $438.
We think all costs due the police judge
from the city, except in cases where the
defendant has been found not guilty and
was discharged, should be paid him by
order on the city treasurer, issued in the
regular way, ON his own statement. No
costs should be paid him in cases sp-
pealed to the district court until such
cases are finally disposed of. The item
hands, claimed to be fees due the mar
shall in cases dismissed at the cost of
the city, we are Of the opinion he has no
authority for so doing, for by ordinance
approved January Is, 1876, it is express
ly stated that the city shall not be liable
to the marshal on account of any fines
in cases where they are not made out OF
the defendant, except under certain cir
cumstances. which are provided for by
g.rAt anHfo Hnlr kAr
: contemplation of said ordinance that the
salary paid the marshal was sufficient to
cover all such cases, and when he ac-
cepts the position of marshal he does so
under those conditions.
To recapitulate: There is due the city
as per report of special committee, De-
cember 1, 1880, $35, 12; collected during
the month of December, 1880, $3.50 !;
total, $6S IS; costs due police judge in
December case dismissed, $1.75; balance
due the city, $66.3S, and We would re
; commend the adoption of the following
. resolutions:
ResOlUed, That the police Judge is here.
by instructed to Immediately pay into
the city treasury the account of 500. 3S,
as found TO be due the city as above,
also
ResOlred, That hereafter the police
) judge shall within the first three days of
: each month pay into the city treasury
all fines collected by HIM during the
proceeding month, less only the amount
of cash legally taxed for himself in cases
: where the defendant on hearing or trial
r was found not guilty and discharged,
7, also
l Res0Eued, That the police Judge be re.
quired to present his claim, duly verified
y for any other fees than those mentioned
above, and such cases where the defend
S ant is found guilty. and pays his costs.
3 All of which is respectfully submit
Us. WATSON,
Chairman OF committee on claims.
Report adopted and on motion each
resolution therein stated was adopted.
Committee on ways and means re
: port not approved the following or
dinances: Ordinance abolishing Office
of street commissioner from November
d 1st to April 1st and an ordinance abolish
d ing Office of city teamstef and reported
back to council ordinance fixing salary
e of city engineer at $3.50 per day. anC
u city marshal at $40 per month.
\ City attorney reported on claim of II
C. Henderson for damage to horse b.
d reason of breaking through culvert, tina
h Henderson's attorney offered to settle 70
5. $500.
'e On motion of Mr.. Whittlesey, th,
s. claim was allowed at $500 in full 70
d all damages, and ordered placed il
1t claim ordinance.
1t The following resolution was Offere;
q by the committee on water works, ant
3 on motion adopted:
ResoEusd, That the city attorney be re
lie quested to inform the council Gf b
!, know why or by whose authority thu
case of the city vs.. Soden, in error, wa
put off.
y Mr.. Lambert, the city attorney, beinI
II present, stated that Mr.. Lynn. the attol
uey upon whom Mr. Soden relied t.
- furnish brief in the case, was confines
to his house by illness, and the continu
ance was granted out of professionn
courtesy.
An ordinance granting certain priv
leges to the Emporia telephone exchang'
Il company was adopted, the vote stand
ing as follows: Ayes-Taylor, Thatcher
d Whittlesey, Watson. Nays, Fox ant
Of Theis.
is An ordinance granting certain priv
9, Ieges to the Emporia gas light cOmpan,
was referred to committee on ordinance
70 TO report at next meeting.
The ordinance IN relation to lgalaTy O
city engineer and marshal came up TO
;, consideration and on motion to table tn
same, was considered by the following
'r vote: All for except Mr.. Whittlesey
ID who voted against.
n The ordinance abolishing the Office oil
: city teamster came up for consideration
and was tabled by the following vote
L all aye except Thatcher and Whittlesey
is who voted no. The ordinance abolish
ID ing the Office of street commissions
;, from November TO April was table,
by same vote as last above. An ordir
y ance fixing license tax on public hall
lie at $25 per year was adopted BY unani
le nous vote.
Claim ordinance providing for Ii,
payment of the following claims was In
T. troduced, to-wit;
d, T J. Fleming marshal .....-.,-- 80 9
4 b F. Domaine. policeman. ..---.----- 90 y
"a Thos. Taylor. teamsteT.---. -
5. Hammond. s.. Com. and Suppl. %
m CasWell Fire Dept. Supply Co, supplies. g
8. Brown 8 Co. lumber !
he YOanggreen 8 smith, blacksmithing Y
&c Bruner, sundries
n E q. Eorde. fuel Light and nd use OF
n La@b s.1 city Sss attorney, six mo-. 8
~ n. Whittiesey. horse feed. --------..-
I'd Kansas Pub. Co, printing briefs In So
C. W. r e i Henderson, damages to horse =. IS
l. C. Munger Son, engineers' salary
re aR Hsm s1SR1cae1 Voucher fer Dscsmber.
Sc Mr.. Watson moved 70 allow claim {
Is. /. E. Lambert with Q deduction Of $40
- the same having been paid him for wor
ifv. .