The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-10
THE COUNCIL.
THE CITY S0L0NS MEET AND AIR
THEMSELVES WITH MANY
LEARNED SPEECHES.
They at This Late Day Order
the City Outstanding War
rants to Be Paid,
They Wade Into the City Gas
Question and Then Post
pOne Final Action,

The council met last night at
o'clock, Mayor Saylar presiding an
sixteen members present. AhSen
Messrs. Suter, Caraington, Driskill an
Robinson. A petition from MeSsr
Salge and others, Of the fire depar
ment, asking for repair of true
house. was granted. Petition of Mr.
Jas. II. Smith was referred. Petitio
of citizens Gildart, Polk, Taylor, Gallo
well and others, complaining of hog
running at large, was read and lai
over to await introduction of an Ordi
nance. The mayor stated that tn
last pound master had resigned on dc
count Of the inadequacy OF the fees o
the Office, and the office was vacant
A petition from Nuns, Shepherd
Castleman and others representing tn,
estate of Alfred Smith and asking re
| lease from taxes on certain property
leased by the deceased for a leatht
mandatory, which proved failure
was referred.
REPORTS OF CITY OFFICERS
were read. The city marshal reported
amounting to $l,759.4o for the past
month, of which $1,O86.05 was in cash
$284.25 was worked out by the parties
Report received. A petition from the
capital contractor asking the privilege
to maintain certain guys extending
across the streets from their derrickS,
which he alleges to be necessary for
using the derricks. Was granted.
Report of city sexton was received.
City physician Burt reported the city
healthy. Received. City attorney
Pendexter reported receipt of 1926
from F. B. Forster in compromise as
surety on bond of Ed. CrearY. Re
poit accepted. Report Of city engi-
neer of work done in grading streets,
&C., was accepted. The finance COM
mittee reported adversely to increas-
ing pay of the police. Adop.ed. On
petition of Austin GaSlight and Coal
company, asking for exemption from
cetain taxes, and to have assessment
cancelled, the committee reported IA
vorably.
Alderman Robertson argued that
the contract with the company was
not legal, and even if it was it was not
binding on the city, and that there
was no reason why this council should
grant the petition. The old council
could not bind the successors, as taxa
ton was fixed yearly, to be collected
yearly
Alderman Hancock argued that
the contract was binding on the city,
having been based on the company
doing certain work on condition that
the company should be exempted by
the city.
ALDERMAN HILL SPOKE
in favor of the resolution to exempt,
and to carry out the contract in good
faith.
AID erman Platt argued that the
contract had been made in bad faith.
or rather that the ordinance granting
exemption had been passed in bad
faith. The people had been taxed to
pay far the works, and now the COM
pany was taxing the people for the
gas. The company had forfeited their
contract with the city. The contract
was at an end. He was willing to
contract with them as new company
and pay them for gas.
ALDERMAN PILLOW SPOKE
in favor of the exemption.
Alderman Hancock said if Mr..
Platt could show the company had
failed in their contract, the question
should be Investigated.
Alderman Robertson said he denied
the power of the city to make the con-
tract which had exempted the proper
erty of the company. 1t was a viola
ton of the general principle of the OF
ganic law of the state and of the city
that taxation must be equal and uni
form. The action which had been taken
by the old council was simply
in the exercise of its limited powers
while it was a corporate body. Even
ifH we have the power to keep up
such exemptions he did not think it
good policy to do so. If it was lille
gal to tax the company in face of the
contract, let the company contest the
matter in the courts.
THE VOTE ON THE ORDINANCE.
resulted: Ayes-Schneider Pillow,
Hancock. Wells, Campbell. Mas,
Croker, Odell, Darlington, Hill and
Brush. Noes-Schubert, Underhill,
Robertson, Platt, Erwin and Bren-
nan.
Alderman Robertson raised the
point that as question of appropria
ton was involved a tWO-thirdS vote
was necessary, and Mayor Saylor re-
marked that he wished authorities on
the point. Alderman Wells spoke in
favor of the resolution. Alderman
Mas argued that the question of tax
alton did not apply, and that the point
of alderman Robertson was not well
taken. There was no resolution to in
crease or decrease the assessment. The
only issue was as to whether the as
sessment which had been made should
be Incelied.
The mayor reserved his decision for
a later period OF the proceedings. See
report further. Report Of finance
committee was adopted. exempting
the Swedish Evangelical Lutheran
church from taxes for 1883. Ordl-
nance to reimburse B. q. Wells for
furnishing and keeping in repair city
clock, was reported without action,
the claim having been Withdrawn.
The committee on charity reported no
funds to dispense.
SPECIAL COMMITTEE TO SELECT
a location for the new city stable re-
ported in favor of the vacant lot adj
jacent to the city hall. Report
adopted.
Special committee on charges
against Recorder Johns reported sug-
costing that committee be appointed
to inquire whether the recorder did as
charged use language at Millett's
opera house April 9Th 1884 unbecom-
ing an officer of the city. Alderman
Brennan moved to lay the matter on
the table as the council had no juris-
diction over the private actions of an
officer Alderman Brush took same po-
sition. Alderman Croker argued the
question should be investigated, as it
might be thought there was something
to cover up,
Alderman Underhill, as matter of
privilege, said he had brought the
charge because it had been brought to
his attention. He was friend to the
recorder, and believed the recorder
would be justified by an investigation
Alderman Hill said the recorder
doubtless would like to have the in
vestigation made, as long as the charge
had been made.
/ THE REPORT OF THE COMMITTEE
was finally adopted. The chair
decided against the point taken by AL
derman Robertson as to the vote taken
on the resolution to exempt the Aus
tin gas light and coal company from
taxation, and declared the resolution
adopted. The pound ordinance came