The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-09-20
CITY COUNCIL PROCEEDINGS.

The city council held regular meeting ias'
evening. There were present Mayor French
Aldermen Pauly, Story, Arnaud, Niggi,
Schrener, Degener. Sinner, Mauermann,
Caldwell and Minter.
PETITIONS.
Respecting the pollution Of San Pedro
creek by the gas company, referred to health
officer.
Philip Manger authorized to move meat
stall to corner of Austin street and Grand
Avenue.
Citizens of Avenue c, asking for fire n.y.
drants, referred.
Citizens asking bridges to be enlarged over
San Pedro, on West Commerce; also, for
opening of Laurel street and building Of
bridge over the Alazan. Referred.
Peter Judd wanted $50 for his COW,
killed by the pound catchers.
c. Runge put in complaint about the old
Goliad road Referred to city attorney.
The following opinion from City Attorney
| Galley Newton was read:
| SAN ANTONIO, Scptember9, 1882
Hon. James II. French, Mayor:
| DEAR SIR:-In reply to your communication
of the 9th inst, requesting my OPINION as !"
..whether an action can be maintained against
| the representatives of the Galveston, Harris
burg San Antonio railroad company, unucr
| section cnaDlcf 4), EcNlScu VI
the city of San Antonio, for failing to place
| Walnut street in proper CONDITION Tor ,raNci'
It's they are required t" do by law, Ari. 4i. '.
ton w, city charter of San Antonio, !
! would say: That article 4l'O revised
statutes of the state of Texas, imposes an obi
CATION on railroad companies to restore streets
through which its road bed and track are con-
structcd "to its former state. or nsucha state
ms not to necessarily impair its usefulness ana
| keen all street crossings in repair. Art 3l.i
| prOvd,s that no road bed shall be cOnStrlctcu,
6 | without first constructing the necessary cui,
verts or sluccS as the natural ity Oh the .,
I The article of the city charter referred 10 I'D
your communication contains<ubstintlaliy thc
same requirements. IL the railroad company
). has not complied with these different proEls-
ions of the law, | think the city has ample
means to enforce to compliance. section ,,
chapter IS, revised city ordinances, referred I"
:. i'm yO,lr communication provides that wheh
. any obstruction has been placed, or any en-
crCnlchmcnt made upon any well c0hsirucle.
street alley, or plaza of this city, aud the 1act
established by the certificate of the city ensin-
ecr, the mayor shall direct the street comlnls,
r. sioner to remove the same forthwith anG
e any person found guilty of having placed
v alley or plaza, with the intention OF
the free Stv S Of am or o iss anG
upun conviction before the recorder shall bt
te fined, etc. You will observe that the first por
70 elective method of removing distinctions a t,
E. the public thoroughfars and in case wn tl
lie had no doubt as to the apPiicapllty ot tn,
lie INV, t wo th,r inIctc, Ent as an illcxi
I'd ~" ~ ttbis ,rhitrlrv newer would give tn,
railroad company right TO recG "ht dI ny
Of from the city ana ~ am very ndod ~ ami
d. wheI.er , iH'' ,hn n%nscnt would not advis
ne Won to pursue that course. If that portion o
IN srction2, prescribing criminal penalty, ma
/" been violated aPr,s Hisnnd i In NV m"n"n tn
ANY, ,HS ~iven hy the city to the c. H.
s. A. railroad company to construct nts ho,'
h, bed aud track ON Walnut street hs IS th mo,n WI
er, more IMAM Nh ,'e iii ws in force, in rcatio
X tberet0
no Streets are the properly Of the general pTf
ne lie and held in trust ny ,me ;, m "r , =,
IN" use 81 ha ani he rrh or is authorized to Us
tin the same, for which they were dedicated, vi
by some nf tb Ind amd the c corn,
~ or individual, seeking to use the same undt
nv authority of such power must comp! sa, SUI c
'is with the law granting sti'ii i ~ i43 iunrt;r
tneY arc 'r"S II The ralruad company HI
er. anu 5iind ,rith tho law here OfOre refcrrI
rk- ~ oi wmIld udyise the city council to revOB
q ~. ~ ,;nrsa horninhefor. Given Them and il
H.; t; w IoU,I nrn,eedings against them for tt
JIG sli'u.| , 81 Iii Strnot
ice rcco'ei' V VI very respectfully.
ice s G. NEWTON, City Attorney.
Jer IT.. o;,, attorney waS emDowered to brir
AhS .iJ r.,.o .,,,
ct suit against the ralloau COMPANY " Io'AP
Yer comDliance with the law.
lis Mrs Marv E. Howard offered to dona
"' -, .d Is N. c;tv would build h
nVe lee' vi S'ouAe' l:.... -, 49,,
L q sidewalk. Referred 10 Colhlhluee vi Pu
it lie improvements.
md IInnn r.nort Of the city engineer, Iact
OPoh W, =. o,, q, J,,G.ro