The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-03-30
COUNCIL pRocEEDrSGs.

Council met pursuant TO adjournment.
Present Mayor Eastman, Messrs. Fox,
Bay, Ireland whitilesey ana Theis.
Reading of minutes of last meeting
postponed until next meeting.
A communication from the superin-
tsndent of water works was referred to
committee on water works.
A communication from the city attor-
ney, of which the following is copy,
was referred to special committee ap-
pointed at the last meeting:
To the Mayor and Council Of the City
Of Emp0ria:
GRNTLKlIKN: I wish to make a state
ment concerning my connection with
what is known as the city whisky cases.
From September up to February there
were four city cases commenced against
Pfefferle s. Ebert. One of the cases
was brought under section three of the
ordinance concerning tipping shops.
The other three were under the same
ordinance, but under different section.
The first case in which l drew the com.
plant, the defendants were convicted
and appealed 10 the district court.
There the judge held the ordinance un-
constitutional and void. As did not
draw the ordinance, I ought not 70 be
held responsible for thls case going OUT
of court In the other three cases the
defendants were tried by the police
judge, convicted and appealed to the
district court and the cases there dis
missed on account of the complaints
being defective in this: The defendants
were charged with unlaWfully keeping
and maintaining 9 tipping shop. Judge
Graves held that the complaints should
have stated the facts that consti-
tute tippling shop. OF these three
cases. the first complaint was drawn
by me and submitted by your Mayor to
Judge Buck, and after amending it up
on an immaterial point approved 1t.
The third complaint, Mr.. Bell had some
attorney draw, do not know who he
self and it was exactly like the one Buck
approved. To resume of the three cases
that went out of court on account of de-
fects of complaint, l did not draw one,
and one Buck passed his judgment upon
before it was fled, and the other was
similar TO the one Buck approved. !
think the complaints are good and l
wish to make this proposition to the
council: that if they will allow one of the
cases to go TO the supreme court and
the supreme court decides that the CON-
plants are bad, will pay all the costs
that have been adjudged against the city
in these cases; or if you do not desire
the case to go to the supreme court you
may select the best lawyer at the bar
who was not connected with these cases
and if he says the complaints are bad,
will pay all the costs above mentioned.
Yours, &c. l. e. LAMBERT.
Petition of citizens for the cOnstruc-
ton of sidewalks and crosswalks on
north side of Fourth avenue from Un-
ion to Cottonwood and crossing on west
side of Exchange on Fourth avenue,
also for crossing on Exchange street was
referred to the committee on streets and
alleys.
Petition of citizens to have gas mains
extended on Commercial street to South
avenue and that street lamps be furnish.
ed for the same was referred to the CON-
mittee on gas.
On motion of Mr.. Fox, the following
was adopted:
ResoIued, That the street commissioner
be and il hereby instructed to put in an
other crosswalk SO as to have double
crosswalk at the crossings on south side
OF Merchants street at Fourth, Fifth and
Sixth avenues, also on the north side of
crossing on Merchants street and Sixth
avenue.
Mr.. HalIeck here took his seat in the
council.
On motion of Mr.. Fox the following
was adopted:
ResOlCed, That the committee on wa
ter works are hereby instructed to pur-
chase the necessary hydrants and pipe
for the extension of water mains south
to Soden's mill on Commercial street.
Proposal of R. R. McCandliss to do
his own matchmaking in front of lots
81 and SO on Commercial street was
read and referred to committee on
streets and alleys.
On motion of Mr.. Fox, the following
was adopted:
ResoIUed, That the mayor and CITY
clerk are hereby authorized to let and
rent to the board of education of the city
OF Emporia the two city buildings
known as the Normal school boarding
houses, for a period of five years or less,
to be used by them as ward school
| buildings, rent to be free, upon the
board OF education filing an agreement
to repair and keep in good repair said
buildings during the said five years OF
so long as said board of education shall
occupy them as ward school buildings.
On motion of Mr.. Whittlesey, the fol.
lowing was adopted:
ResOlUed, That the committee on wa
ter works be instructed and they are
hereby authorized to locate, iby legal
means if necessary, the road TO the wa
ter works ground as decided to the city
by T. D. Bragunier.
An ordinance entitled IAN ordinance
granting the right to w. T. Soden TO
arch the north end of the alley between
Merchants and Commercial streets and
Fourth and Fifth avenues" was intro
duced and referred to committee on
streets and alleys.
An ordinance in relation 10 nuisances,
declaring as nuisances all poles and
wires erected on or across any street or
| alley, unless authorized by ordinance. or
erected by telegraph company, was re-
ferred to committee on ordinances.
Bills on clerks desk referred.
Adjourned. E. NJ. FoRDE, Clerk.