Evening journal., 1890-04-11
RETURNS BEFORE COUNCIL
A PROTEST FROM MEMBERS OF
THE FAME HOSE COMPANY.
The Reports Referred TO the Law and
Fire COmmittees-solicito Turner VIII
Say Whether Council Can Go Back of
the Returns Heated Debate.


the Returns-H Heated Debate.
A big crowd of fremen was in CITY |
Councils chamber last night The meet. !
ing opened at Z 45 o'clock, and President |
John c. Farra presided. On motion Of |
the Finance Committee, Frederic d. |
Robinson's bond was cancelled.
The Finance Committee reported on |
John Bachuss petition asking for the re
funding of tax overpaid for house in |
the Ninth ward. Shea and Chambers |
declined to favor the refunding of the |
money, and Mr.. Curran favored it. !
Dillin, Beale and Roberts spoke for
Mr.. Bachus. The amount is
$500 Mr.. Chambers stated that
even if the tax was overpsid, the
city solicitors opinion was that the
money could not be returned. Bachus
had been paying the tax on an assess
ment of $500 for Is years. and the
speaker could not see why Mr.. Bachus
should ask only four years rebate Mr..
Curran thought that according to the
solicitors opinion every citizen could be
taxed for property that he did not own.
Mr.. Shea then spoke aud said that he
believed the city solicitor should be up
held Mr. Forrest wanted to know
whether Mr.. Turner had given a verbal
or written opinion, but Mr.. Shea thought
the city solicitor should not be considered
a clown
After some more similar debate. Mr..
Turner asked permission to speak; sew
eral members objected, but he was al
lowed the privilege. He said that the
matter was question of law simply, not
his own opinion, but covered conclusively
by section SO, which provides for a Board
of Assessment, Revision and Appeals,
whose duty shall be to listen TO questions
of this kind Council had no right to
become a benefactor with city money,
for it is trustee of part of it, for legiti-
mate expenses. The section referred to
was read by Clerk Messick.
The aye and nay vote was called on the
motion to amend the motion to accept the
majority report, by accepting the mi
noritY report, and the vote was as
! follows;
Ayes-Ayars. Baugh, Beale, Cotton,
Coley, Curran, Davis, Dillin, Forrest.
Hawkins, Magee, Perkins, Roberts, Saw
don, Sharkey, vandegrift, White-17.
Nays-Chambers Johnson, Lawson
Mccall, McKenney, Ryan, Shea, Farra
-S.
The motion was then on the previous
motion as amended. Mr. johnson ad-
monished the Council to consider well
before adopting it; it would be viola
ton of the oaths of the members The
law was made and the adoption of the
minority report would break the law
Mr.. Chambers said that should Council
refund this money thousands of dollars
would be demanded refunded by citizens.
The aye and nay vote was called and the
minority report was adopted by the same
vote as above.
Mr.. lawson objected to the bill OF
Frank Roop Smith for $4 s5, which con-
tanned several ginger items amounting to
50 40. Mayor Harrington stated that
the ginger was used for the relief of
drunken mems stomachs. The bill was
passed Chief of Police Swiggett sent a
bill of $50 90 fer feeding prisoners for
the last month. The bill was allowed.
City Treasurer Griffith reported that
there was a balance in bank to the credit
Of current expenses, $73, ,450 76; parl
funl, 81, AGA 04, and received from w. B
Hylsnd. $5l450; Patrick Dillin, $105
E. P. Moody, 81 1929. City Auditor New
ell reported the accounts correct. Clerk
of the Municipal Court w. B. HylanC
reported fines. $315; fees, $685. costs
$105; total, $503 90; unclaimed witness
fees, $11.50. Plumbing Inspector Kane
reported 81 collected.
Mr.. Magee presented a communication
from the city solicitor;
GENTLEMEN: In case there should b.
any reference to the Law Committee o
any question which is involved in tn
late election for chief engineer of tn
| ,,Fk asN
which question my opinion may b
sought, l would most respectfully asl
, that your honorable body may take re
cess until Saturday evening next, tn
18th instant. in order to afford me tim
to examine the law in all its bearing
, upon any question presented. It woul
/ be impossible for me to do Justice In thi
! matter without having time TO give tn
fullest consideration. as l think forese
question arising which, If presented t
me, deserves my most serious attention
, Very respectfully,
"H. c. TURNER, City Solicitor
The communication was accepted.
+ Mr.. Magee moved that when Counc
adjourned it should adjourn until Satul
day night, and the motion was carrie
by vote of 10 to 5.
President Farra stated that the return
from the fire companies were on th
table, and they we're read by Clerk Mes
: sick.
I. When the report of the Fame Hos
Company was read, the crowd becam
/. more interested. Councilman Charlie
Ryan desired to present protest again'
II this report, and it was read after the re
/. turns. Edward f. Robinson, James
4 Kane and William It. Green, candidates
a protested against the returns from tt
N flames Hose Company, stating that the
received a majority of the votes cast
The letters and afiSavits were read.
II Mr. Ryan moved that the protest
k referred to the Committee on Fire Con
panies and Law, that they might get ii
opinion of the city solicitor.
Mr.. Dillin moved to amend by havln
As the returns Of the several fire companie
protests and all papers, referred to Il
< committees,
Mr. Roberts moved to amend IL
4 amendment that committees have Il
power to examine witnesses.
y Mr. Baugh thought that the idea WI
| N to find out whether the Council could {
back of the returns The amendment
N were accepted by the original mover.
of Mr.. Shea moved that Council adjourn
,e Mr.. Ryan's motion with all the amend
ments was put before that house. M
to Roberts thought that the fullest invest
et cation should be made, the Council cou
Of vote intelligently on the question. NJ
Roberts and Mr.. Hawkins had it the
ID The former said that the law covered Il
m case and Mr. Hawkins wanted to knO