San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-07-21
CITY COUNCIL.
INTERESTING MEETING AND A
LARGE AUDIENCE.
The Mandate of the Supreme Court
of Texas Disregarded by a
Parcel of Aldermen.

Gil Vi San Antonio, as 10 draw quite an
audience when the meeting opened.
In the beginning, Mr.. c. G. Boelhauwe,
whose seat in the council was so success
fully contested by Mr.. VIM. Hoefing, ST.,
stated that he would not occupy his seat
until the contest had been definitely set
tied, one way or the other. During roll
calls and voting thereafter, his name on
roll was not called.
Alderman Guerguin was excused and
given leave of absence TO go to France.
He left last evening,
Petitions and memorials were read and
disposed of. The milkmen'S petition for
a change in the milk ordinance was
granted. Mrs. Merrick was allowed to
run sewer pipe into the river on Mar
tin street; an appropriation to purchase
tables for public school use was voted.
Those referred to committees were:
Lone Star Brewery proposing to pur-
chase an old hose reel; G. r. Sui
Ivan claiming leasehold in
terest in piece of property on Commerce
street; citizens asking TO have Paso Hon
d. & A. Oppenheimer for permission TO
lay drain pipe into San Pedro ditch; K.
7. Ayre, to construct 'cesspool; Mrs. NJ.
j. Baker, to construct sheet iron side to
| building on Main plaza; w. S. MatthieS
| sen, TO build lumber house; 5. de la Pena
| to build iron-clad blacksmith shop: Z.
w. Harland, for an iron-clad stable; p.
Hillard. for remission of pound fees; q.
William and w. ii. Still for use of San
| Pedro park July %; telephone company,
| for permit TO put up 26-foOt poles on GER
| tain SITS: citizens complaining OF rail-
way switch on Walnut street; Theo. Her.
man for further orders as to laying his
sidewalks; ChaS. Bitter, TO open a
| market on Chestnut street; j. j. Wallac
| to move his meat market; L. II. lander
| son and others for correction of assess
ment; w. w. King. for remission of
| taxes assessed wrongly.
The franchise granted the street car
| company to lay track on Acequia street,
| between Main Plaza and Houston street,
was repealed.
The petition of Mr.. VIM. Hoefing, Sr.,
to the council, demanding his seat from
ward ;, in the council, was brought up.
The mayor pro TEN was not going to read
it at first, but Mr.. Vernon, attorney for
Hoefling. arose from the audience and
asked that it be read. He had not the right
to address the council. but Alderman
Beckman moved that it be read, and this
was done as follows:
"Wm Hoefling, ST.. respectfully here
with preSentS to this honorable body a
certified copv of the decree rendered by
the Thirty seventh district court on the
9th day of April against Joseph Boel-
| man of the Fifth ward of this city and
| judgement of custer of Mr. Boelhauwe
| from the Office, and further d.
| recting the mayor and city council and
| each of you, TO receive Mr.. HOeting as an
alderman, vice Boelhauwe, and in no way
to interfere with his enjoyment and the
| use of all functions as such, and further
| directing your mayor and city clerk to
| issue to him his commission. Mr.. HOef-
| ling also presents a certified copy Of the
| mandate and decree rendered in the SUI
preme court of the state and the 9th day
| Of June, 1891, wherein IL was adjudged
and ordered that the judgment OF the
| and directing the court below, to observe
| the order and in all things to have it duly
| recognized, obeyed and executed.
| "Wm. Hoefling ST., also presents him
| self herewith and offers TO qualify by COM
| plying with all legal requirements TO the
| end that he may receive the benefits be-
| slowed upon him by the courts, in so far
as this body is capable Of complying with
| this final decree.
"Wm. Hoehing, ST., also demands that
| should there be any opposition among the
members of this body TO his immediate
| qualification as an alderman, and his in
| Stallment and receipt of commission as in
| the decree provided, that he be heard in
person and by attorney"
| Lockwood wanted to refer petition and
| Mr. Hoefing also, TO committee. Mr..
| Vernon was granted permission to address
| the council and did so, reading the decree
| of the Texas supreme court giving Mr..
| Hoeflng mis- Sc at as alderman of Ward
| No 3, and ouSting Boelhauwe.
| The opinion of City Attorney Berg
! strOm, probably the most lengthy one he
| has ever presented to the council, was
read as follows:
with reference to the contest between
| 20 InSanh
to which the City of San Antonio was no
| party, the question arises: Is the city
| council now bound to seat Mr., HOetling?
| If not legally bound to do so would the
| council be Justified in doing so? The
Office Of aldermanis representative one,
| not simply ministerial, where the duties
Of the officer are clearly laid down and his
| salary fixed.
In a contest for representative Office
| the interests of those who elected the
representative are different from what
| they would be in purely ministerial
office. An alderman elected 10 fill an
Office could not agree with his de-
feated opponent to voluntarily withdraw
and give him the office. Why? Because
the Office does not belong TO him. de
was simply elected to represent the people |
Of his own ward and they have
the right to select their own represent
atives. An alderman is not elected |
with power to substitute another in his |
stead. If he does not desire to serve, he |
can resign and the voters OF his ward can |
elect another TO take his place. If he can
not by agreement give another his place,
can he do so indirectly, by permitting
himself to be sued for the office, and then |
without trial or contest, permit such |
other person to take judgment for 1t? If
so, what right or voice would the |
people have in the selection of their |
representatives? II that were so |
persons who were candidates for J