Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-09-03

tions with the sewers was accepted and
a license ordered issued
Bond Of the Fort Worth Water
works company by Morgan Jones,
president, and William Tidball, sec
rotary, with * M.NauIandt as surety,
TO make connections with the sewers
was accepted and a license ordered
issued
Account offs G. Marshal for $40 25
was then allowed
A resolution presented by Alderman
Askew, au horlzlng committee on
public buildings to order desks and
other school furniture for new school
houses and pay the same from the
school fund, was adopted
The veto Of his honor the mayor, of
ordinance No. -, was then presented
and read. a. follows:
To the Honorable City Council:
herewith return, without my approval,
ordinance entitled an ordinance repeating
all Of ordinance 40. co. except so much
thereof as applies 20 Main street In the
g. OF Fort Worth, Tex.
Tho Fort Worth Street Railway company
was chartere bth June, 1875, under the gem
oral Incorporation act OF his state. 10 build a
line or lines OF street railway on any or all o 4
the street. OF the city OF Fort " orih. on lsih
July, 1874, ordinance number sikty was
passed granting eaid company permit or
licens- % construct and operate one or more
streets B.iknap and weatherford East and
West, and Jennings avenue, Houston, Main !
and Ku,k streets, north and south. /
application of ,Sid company be designated |
by ordinance by the city council This lau. |
gage would imply thai TO further permit or |
license was 10 be asked OF the council, ex- |
cept ~ 10 other avenues and streets not /
named specially in ordinance No 49,. II !
will not sc denied that this company did 1
construct and opera'ea line on Main street /
from the public square TO the Tc az Pa
ordinance. 81 far here Is no ambiguity /
and no ono knew of any rules OF
nance for what II plainl, says. 10 is admi
ted that the company nlea duly certified
copy otits chart =, and the written accept
the city secretary, as required by section OF
said ordinance, which Untitled said Compa
ny TO &c. hereunder without further. ordl-
snce or perm by the city council. To
what could this authority TO act refer unless
10 construct and operate its line or lines OF
street railway on the streets named?
Section 2 OF the ordinance reserves the
right ofthc council to determine when the
requirements OF trafiic uecessitRte any FUR
that IN on Main street, and shall rot fy the
company of their Judgment aud specify the
street In which they Deem the railway advis-
able, and should said company fail TO COM
ply with said notice within twelve month";,
y en- the right to said street should be
any other than the streets named In ordl-
nance No. 90, ng under the fair construction
OF the FIRST and second sections OF said ordi
nance, u seems TO me that the company was
entitled to construct Its line or lines OF road
on any or all of the streets named ut any
time until notified by the council, .as provid-
ed In section and ortwelve months there.
amer. The council not having notified the
company 10 build on Houston street, but hay
Ing given the right to the Rosedalc company
to occupy said street, the Fort Worth compa-
ny claim to regard this as tRnIa Mount to
notice that such line Is required, and that IL
dinnnco No. ~. IL Is further true tfRt when
the nolknRp and TRy lOr street line was con. /
structed tfat the old compa y did propose
To occupy touston street. and Jennings ay-
enue, but In Difference 10 the wishes Of the
property holders On Houston street, large
number OF whom object d, and further on nc
count Of the objections and opposition
OF the Texas & Pacific Rail-
nue., ~ M piled 10 and obtained permission Of
the council to occupy Third and Taylor
a,tsvi , si9 ALSO pu, chnsed rom inc Texas "
racine Railway company the right TO ortenu
the stree car line from Taylor TO uamphill, !
across the track OF the Texas & Pacific Rail-
" ~ company some 1900 iect. The ROsedae
company having obtained permission rom
the council to &C upy Houston street with
It's line Of street railway, and manliesting
rotests OF n large portion OF the property
holders ON said street, the old company
claiming prior right started the construc
uon OF line In said street when the Rose
dale company occupied tho street from sixth
70 Weatnetiord, covering same with lis track.
Under this state OF affAirs the two companies
agree between themselves 80 submit heir re-
spectiye claims 10 the courts OF the country
and whichever shall be held by the courts
70 have the prior or better right to
Houston street shall pay the other
the cost of that part OF the line constructed
mcts that existed when the repeal ,g ordl.
nance was passed, under the suspension OF
the rules " occurs 10 me that the council
would not want TO do Injustice Ia one com
pany by any legislation TO It's prejudice and
n the interest OF the other. IfurdinHnoe No.
40 was u license, ns claimed by the old com
street, then its repeal cannot aivest
! q rights, but would leave the city council In
preiudi vested rights d take IL thai no
member OF the council, ON reflection could or
would tolerate the idta that the city OF Fort
attitude OF violating the faith pledged by its
ordinances and obligations legally passed or
incurred TO any individual or coTpoiatiOn. / |
would, therefore, respectfully ask the coun-
ell To reconsider ~ action nd that said or T.
nsnces do not pass. Respectfully submitted.
j. +. SMITH,
After the secretary had read the veto
Alderman Askew made a motion that
the ordinance be reconsidered which |
was adopted. The same alderman
then moved that the ordinance be- /
placed upon its passage and adopted,
Notwithstanding the mayors veto.
There were seven aldermen present,
six voting aye and one nay, Alderman
Adams in the negative. The ordi-
nance was therefore adopted.
Report of City Sexton j. 4. Eskew,
Of the number Df burials in the
city cemetery, was received and or
dered filed. I say = as follows; Mum.
Der OF burials, 81; OF this number u
were Americans and foreigners.
The police committee recommended
the appointment of Chas. Gay and w.
p. Thomas as sanitary policemen. The
recommendation was approved and
appointments ordered made.
Bond Of l.. Highly with w. f. Lake
and j. NJ Williams as suretles, to
make connections with the sewers was
accepted and license ordered TO be is
sued.
Il Matkin, chief of the fire depart
ment, presented communication re-
guesting for certain reasons that G w.
hin, fire engineer OF the department,
he discharges referred TO committee
ON fire department.
An ordinance amending ordinance
No. --- granting the ROsadaIe STRAIT