Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-12
THE EIGHTH WARD.
THE QUESTION OF ITS ANNExA-
TON STILLsOPEN.
The Opinion of the City Attorney Upon
the Matter - What the People
Seem to Think About 1t.

| The question of the annexation or non
| annexation of that portion of the city
| lying contiguous to the city, and which
desires admission as the Eighth ward, is
| an Important one, and yet people
| seem to have as many different opinions
about the matter as there are residents in
| the section DESTROYS of admission and the
| possession of two aldermen to swear at.
| OF the people talked to yesterday by Ga
ZETTE reporters, it was q matter OF IN
| difference to two-thirds whether that
! portion Of the city was admitted as ward !;
| others thought they should not be annexed
| unless attached to the Seventh ward; others
| stated those people certainly had their nerve
| along with them, when they asked
! that III voters be given the same repre-
| sentation in the council as 1000, while
others said the council was already too
large and unwieldy without adding more
| men, while the increase IN taxable values
would not be sufficiently large 10 apprecl-
| ably swell the tax receipts.
| a careful and conscientious investigation
| by City Attorney Powell into the legal as
poets Of the case is Of interest generally,
| and this opinion The GAZETTE quotes here
with in full:
| To the Honorable Mayor and City Counci1:a
GENTLEMEN.-Obedient to a resolution
passed at your last regular meeting hereby
submit my report upon the matter OF the
as the Eighth ward.
A close inspection of the papers referred
| to me shows thata majority of the qualified
voters living in said territory appear to
| have voted in favor of its annexation TO the
| CITY,, Yet the record is in such confusing
and contradictory shape that cannot con-
siStentiy pass upon the question OF TACT as
| TO whether or not a majority of said voters
are in favor of the annexation of said terri
| tory to the city.
The city charter, section ., says that the
city council may receive any adjoining
| territory upon affidavit Of five qualified
voters living in such territory, that ma
jority of the qualified voters therein have
voted in favor of its annexation TO the city,
and my Investigation of the question
inclines me to the opinion that the action of
the city council would be final as to the
question now raised, viz: Whether or not
q majority of the inhabitants of said terri
tory have voted in favor of its annexation to
the city. However, other questions could be
raised and under a direct proceeding
10 set aside the action of the city council,
prolonged and vexatious litigation might
unsue, with the issue of such litigation
matter of speculation and doubt. And in
the event the annexation OF said territory
should be declared illegal many thousands
of dollars may have been expended III pub
lie improvements in said territory without
any corresponding benefit from taxation,
as no taxes would be collected on the prop
erty in said territory until in the year 1892,
The record shows that some of the
qualified voters in said territory have
voted both for and against its annexation
upon different representations made to
them by parties interested. 1t shows
SSsso a very strong opposition to the
annexation of said territory among the
qualified voters therein-one petition
having majority against annexation.
Therefore, while the record shows an APP
parent majority for annexation, l am of
opinion that it would be unwise to annex
said territory upon the evidence now before
the city council. The proper thing for tho
council to do, it seems to me, is to take
no final action upon the various
petitions, but to refer them back to the
voters in the territory in question with the
request that they hold an election duly
called by a mass meeting Tor such other
method as they may devise) of the voters
interested, which said meeting can for
mulate the manner and method
of voting upon the question of anneXa-
ton. The result of such election, if in
favor of annexation, can then be submitted
to the city council in the manner and form
provided by the city charter. Respectfully
submitted, L. j. POWELL,
CITY Attorney