Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1890-02-01
CITY COUNCIL PROCEEDINGS.

Council met In adjourned session
President Fribley In the chair and
Councilman Meserve and Polster
present.
Minutes of meeting held Jan. IA
read and approved.
A petition asking for an appr0pria-
ton of $500 to aid In sinking the
Austin mining shaft was read and on
motion laid over.
The following communication from
the mayor was read:
BAXTER STRINGS, KANSAS, Jan. -, 1880.
To the CITY council of the city Of Baxter Springs,
Kansas:
GENTLEMEN: Herewith return the ordinance
entitled can ordinance relating to the appro-
priation OF one thousand dollars (el .0OO.0O) to
secure switch track for the encouragement Of
manufactures and brick shaking In the city OF
Baxter Syringe" cannot approve this ordl-
nance because
First: The enaciing clause Of said ordinance
does not comply with the requirements OF the
statute. See Compiled Laws Of 1885, Chap. 10,
Art. I, Sec. 9.
Second, The title Of the ordinance rscites
that the appropriation 10 designed ''for the en-
Couragement Of manufactures and brick-mak.
Ing In the city Of Baxter springs." when It Is
q TACT fully known to every one that those indus
tries are located outside OF the corporate limits
Of the city. do not see my way at.this time to
consent to the appropriation OF the money Of
the city Tor the benefit Of property located out Of
the city.
Third: The preamble to said ordinance recites
the former action Of the city council In their
having "deposited with The Baxter Bank q
warrant for the sum Of one thousand dollars
(Sl ono 00) to guarantee certain individuals as
bondsmcn to the Kansas City, Fort Scott &
Memphis road to pay tor the right Of way for q
switch 70 be built by said road to the dam on
Spring river" which warrant was therefore
without authority presented to the treasurer Of
this city and one thousand dollars tSl. 900 .OO)
drawn from the city treasury. That the taking
OF this money from the funds Of the city was
unlawful will not be seriously questioned. That
II cannot be legalized by IN ordinance passed
now Tor that purpose lie I think clear. See
Comp. Laws 1885, Chap 10, Art. 8, Sec. 4s.
Fourth: There is an attempt to indemnify pri-
vate individuals upon an obligation Voluntarily
assumed by them. This, I think. the city can
not legally do. For these reasons dIsapprove
and veto this ordinance.
Respectfully, A. D. G. HARVEY,
Mayor.
Mr.. Meserve moved that the Ordi-
nance be passed over the mayors veto,
and IL was passed.
A bill from Geo. F. Sharritt, clerk
of the U. S. circuit court at Topeka
for costs was referred to finance Com-
mittee.
The following bills were audited
and Oh motion ordered paid:
u. A. McFadden, city physician . fees in
cases of Seaman and May Hearn. E. =. SH. 90
H. 8. Walker, marshal's salary =. ...... 25. 90
Frank Hemstreet, work on street. 2.UO
Long. BELL Lumber Co., lumber ........... 800
III. H. Gardn r, clerks fees ............... S.3S
Mr.. Meserve presented the following
resolution:
Whereas. tSamr II. Smith. while city attOr-
ney for the city Of Baxter Springs. Kansas,
without any authority from the council OF said
city, brought suit and by false represen tations
caused to be issued an injunction against Z. q.
Scammon ct. al, said injunction being directly
In opposition to the interests Of said city, and
the wishes Of the taxpayers OF said city, now,
therefore, be 1t
Resolved. That W Il. Hornor be employed N
defend said suit at AN expense not to exceed
twenty five dollars (S25. 0o).
On motion the resolution was passed
by unanimous vote.
Mr.. Meserve presented the following
resolution:
Whereas, sam'l II. Smith having been dis
missed from the Office OF city attorney Of the
city Of Baxter Springs, Kansas, by the majority
vote Of the members elect Of the council Of said
city, and
Whereas, Said Smith has spltefully and mali
ciously brought suit against said members Of
said council rs councllmen. and by false repre-
sensations caused restraining order 10 issue
against said council, now, therefore, he IL
Resolved, That W. II. Horror he employed to
defend said councilmen at m expense not ex-
ceeding twenty-five dollars ts2S.00).
On motion the above resolution was
passed by unanimous vote.
On motion council adjourned.