San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-02-16

The ordinance regulating Doot-blaGks
WAS read and adopted under suspension
Of the rules.
The revised ordinance on stock came
up In its third reading and was first
amended and finally rejected by vote
of 7 to 1.
Pauly inquired whether the mains on
Santa Clara street had been ordered in
pursuance OF resolution passed six
weeks ego.
The Mayor stated that he believed
they had been ordered.
New business was then introduced.
By French: That the city Assessor
be directed to take the scholastic census
and enumerate the inhabitants of the
city. Adopted.
By Pauly: That the encroaChment on
Garden street be removed by the Street
Commissioner. Adopted:
The resignation of Alderman PaUly
was then read rs follows:
10 His Honor, the Mayor. and city '"uncil OF
San Antonio:
GENTLENEN-I herewith tender my
resignation as member of the City
Council Of the city OfSan Antonio. The
reasons prompting me to do are simply
these: Since the publication of that
first letter containing legal opinion by
one of our Representatives in the State
Legislature. respecting the legal status
OF the four Aldermen, whose terms Of
Office expired last north, and who are,
by virtue OF the charter amendments,
still holding their post Ons as Aldermen,
II feeling of anxiety seems to prevail in
this community that threatens to be-
come more general as time rolls by. In
his said opinion the Honorable Repre-
sentative repudiates the idea that the
Legislature ever intended to prOlOng
the terms of the four members alluded
to. and though the language employed
in the amendments referred to- may ad
nit of a different construction from that
placed upon them by the honorable gen
tleman, this may, to some extent, aC-
count for existing dissatisfaction.
must, however, acknowledge that |
as we'll as other members of this Coun-
ell, did not, when the charter amend
ments were first voted upon, by this
board, for recommendation to the Leg
islature, so construe them as intending
to prOlong the term for which any al
derman may have been elected. But, be
that as it may we all voted for these
amendments, and thus it was | for one,
who unwittingly supported measure
whereby the terms of Office of four al
MtIc ~ NC anu tuS
citizens Of San Antonio denied the right
of choice at the polls. Being one of the
four aldermen affected by the operation
of the new charter. | keenly feel the
delicate position now occupy.
An act of the Legislature grant
ing the privilege to four mem
bers of this board 10y way Of a
new charter of holding their office
for one year longer. may be good authOI-
ity TO warrant such members in main
tanning their positions, but that Circum-
stance certainly constitutes no good
reason why these members should eXer-
else such privileges without the consent
OF the people, who should have a voice
in the matter. With kindest feelings
toward every member Of this board,
remain, Most respectfully,
HENRY PAULY.
Alderman French said he would like
to inquire of the Mayor in order to de-
termine this thing for the benefit of the
city in the present and for the future al
SO, whether the alderman rendering his
resignation should not remain until his
successor has qualified.
The Mayor replied in the negative and
asked the Council whether they would
accept the resignation OF the gentlemen.
would reconsider the handing in of his
resignation.
The Mayor said there could be no
question as to the law, the City Attor-
ney had rendered an opinion on the sub.
| ieCt previous to the last aldermaniC cleo.
ton, and there was no doubt that the
| aldermen whose terms have expired
should hold over until February 1857, the
time for the election has passed, and 81
| they could not retrace themselves very
| well.
Mackay moved that P8uly SHOULD
withdraw his resignation.
Pauly said he was very much Obliged
but he thought it would be the best way
out of dilemma that that body had go
itself into.
| McAlllster declared his mind wai
not clear on the subject as Il
whether the four Aldermen were hold
ing their Office legally or not. The ques
tion was under which charter they wer,
now working; was it the old charter.
The Mayor informed the Alderman
it was the new charter.
MoAllister then seconded the resigna
ton of Alderman Pauly very reluC
family.
Smye said there appeared to be som,
| Tue vi u Get
tain clause in the charter amendments
and that question had to be decided, an'
that the resignation of an Alderman o
this Council would not effect it eithe
way. Ii would not decide the prOpe
construction OF that phrase, and the re
signation of an Alderman of the Coun
Gil had no bearing on it.
Schreiner asserted that he did no
trouble himself about 1t; there was
provision in the charter which said tina
when there is vacancy the Mayor ca
order an election, and If the Mayo
failed to do his duty he and the Othe
three Alderman cannot be blamed.
French asked that vote be taken o
the subject.
After some more discussion on tn
matter the resignation of Alderma
Pauly was finally accepted.
Degener moved to adjourn until Wee
nesday at 3 o'clock. The vote resulte
in a tie; the Mayor gave a casting vot
against the adjournment.
By Gallagher: That the Mayor be il
structed not to admit of any refuse
be dumped within two miles of Mai
Plaza. Adopted.
By Conner: That the sum of SIS
appropriated to construct fence at th
foot of Market street. Adopted.
BY Mackay: That board of engineer
be appointed 10 at once survey the lane
comprising those Of G. w. Braokenridg
and others at the head of the San Ant,
Mo river, with a view of seeing If II
said property runs to and includes Il
river and TO determine more definite
the lines Of that property. including q
property sold by the city that does n,
make the river its boundary line; tn
special pains be taken in determIniI
the western boundary of lots % Dc