The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
The CITY Charter.

For several days much discussion
has been had in the city as to whether
the new charter act was in force oil
not. Alderman KIM ey says thai
when he drafted the bill for the leg,
lslature it had no emergency clause
and that the same appears in the
| printed laws through some mistake
| This reads as follows: "The near ap-
prOach to the end of the session ere.
ateS an unforeseen necessity that the
rule requiring bills to be read three
times be suspended, therefore said
rule is hereby suspended, and this act
shall take effect from and af-
ter its passage. Approved April
| 18th, 1888" An examination of the
original bill fails to corroborate Mr..
| Kinney, as it contains the above
clause. On the senate journal, page
227, the proceedings relating to the
found as follows:
Senator Terrell moved to suspend
the regular order of business, to take
up senate bill No. 341,' etc. Adopt
ed, and bill taken up"
"On motion of Senator Terrell the
reading at length of the bill was dis
HcudlOI
Terrell moved to suspend the
constitutional rule and place the
bill on its third reading. Adopted,
by the following vote" Here follows
the names of the yeas and nay yeas
26, nays none.
bill read third time and passed by
the following vote" Here follows
the yeas and nays-yeas 26, nays none.
1t would seem that this record settles
the matter so far as the senate is con-
earned.
On page 375 of the house will be
found the record in regard to the ac-
ton on the matter there. 1t says that
senate bill No. 341, AN act amendato-
ry of an act entitled an act to incor-
porate the city of Austin, approved
April 8, 1872 with others was receiv-
ed from the senate by the house,
and on page 455 will be found the fol-
lowing ''Mr. Smith moved to have
t1e pending business postponed to
take up the senate bill No. BAL" etc.
Which motion prevailed and the
rules were suspended and the bill
taken up, read the second time with
favorable report from committee
on towns and city corporations.
"(Mr. Upton in the chair) Mr..
ROSenthal offered the following
amendment" Here follows the Of
fered amendment providing for the
submission of the act to the electors
to be voted on.
"Mr. Foster, of Limestone, moved
the previous question, which was
duly seconded and the main question
ordered
The amendment offered by Mr.. Ro-
seminal was then voted on and lost,
and the bill was passed to a third
reading.
Upon motion of Mr.. Robertson, of
Williamson, the constitutional rule
requiring bills to be read on three sew
eral days to place the bill on it's third
reading and final passage, was sus-
pended by the following vote
Here follows the names of those
voting-76 for, 8 against and absent 6.
The bill was read the third time,
and passed by the following two
thirds vote: The names are given
yeas "a, nays 6, absent Z.
Mr.. Smith moved to reconsider the
to reconsider on the table; which mo-
ton prevailed.
Such is the record in full and the
question for the lawyers now is, did
the city charter go into effect on and
after its passage? If it did, what is
the effect of the action of the city
government chat has been working
so long under the old charter) in re-
gard to those matters where the two
charters are in conflict?