San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-02-24
HAS THE PROOF.
PIT. VIM. HOEFLING is
READY.
The Papers for the Contest of Al.
dermanic Seat No. 3. are
Ready TO be Filled.

| the Fifth ward but will do so in few days
His allegations are subStanStial and he
has selected a capable array of legal
talent. His petition and allegations to be
filed will be as follows.
THE STATE OF TEXAS,
| COUNTY OF BEXAR.
In the District Court, BeXar County,
37th Judicial District of Texas.
! To the Hon. Geo. II. Noonan. Judge of
| said court.
Comes now the state of Texas by and
through the District Attorney of the 37th
| judicial district in and for Bexar county,
Texas. upon the relation OF VIM. Hoef-
| ling. ST., hereafter styled relator and
respectfully shows to the court,
That heretofore, to-wit on the 9th day
| of February, 1891, there was duly and
| legally inaugarated and in fact conducted
and holden in the city Of San Antonio,
BeXar county, an election for city officers
| of said city, and, among others, was on
| that day TO be elected an alderman for
| the 5th ward OF said city, said ward COM
| promising that part and portion of said
| city of San Antonio, Bexar county, Texas,
within the following metes and bounds,
1 to-Wit:
| Bounded on the west and north by the
| San Antonio river, east by Alamo and
| Madre bitches and south by East Com
merce street.
And who, when elected and qualified,
was to hold and entitled to hold, said
| office of alderman in the city council Of
| said city tor the term of two years from
the day Of his election and until his sue
cesSor W as elected and qualified.
That al said election there were three
candidates for said Office, viz: Your re-
lator, VIM. HOefling, ST., and two others,
namely: Jos. BOelhauwe and DIR. q. f.
Fisher, all Of whom reside within the
limits of said 5th ward as described, and
all of whom were eligible to said office.
That your relator, VIM. Hoefing, re-
ceived at said election plurality of all
the legal votes cast at said election and
entitled to be cast and counted for such
Office, towit: the number Of 81 votes, the
other two candidates having each receiv
ed less number of legal votes entitled to
be cast and counted for them.
That nevertheless the officers and man
ayers of said election poll Of said ward
number 5, at said election received and
counted for candidate Jos. Boelhauwe
the number of 272 votes and made return
thereof to Bryan Callaghan as the mayor
of said city the result of said election, in
said ward, that for the Office Of alderman
the said BOelhauwe had received and had
counted for him said number OF 272 votes;
that candidate Fisher had received and
had counted for him the number of "
votes, and that your relator had received
and had counted for him the said number
Of 271 votes.
That thereafter, to-wit, on or about the
oath day Of February, 1891, there was
issued or caused to be issued and delivered
to said Boelhauwe by Bryan Callaghan |
as mayor aforesaid a certificate of cleo |
tion, to the effect that said Boelhauwe
had received and had counted for him as
a candidate for said office OF alderman Of ]
said city for said ward numbered said
number Of 272 votes, and that said num- |
Der was plurality of one for said Boel |
hauwe of all the votes cast and counted
for said Office at said election and that |
said Boelhauwe was the duly elected per- |
son to said office.
That said Boelhauwe, though he well |
knew that he was not duly elected TO said /
office, and that he had not received a /
plurality of the legal votes cast and
counted thereat, received said election Il
certificate, and avowed his purpose of en-
tering into the functions, benefits and |
emoumentS of said office as snch alder
man, and that since then has entered into
and usurped the functions, privileges,
emolumentS and benefits of said Office,
and attempted TO qualify as said alder
man, and now does so enjoy the benefits,
emOlumentS and privileges thereof, and
denying the same to your relatOr to the
great damage of relatOr in and TO the sum
OF one thousand collars.
That at said election as aforesaid, there !
was cast and counted for said candidate
Boelhauwe, many illegal votes now I'M
known to your relator, but as soon as as
certained will be presented to your honor, |
by name and residence. Among the said
Illegal votes. your relator names
the votes of the following named
-. Tug Wilson, alias Mike RutIedge,
and -, all of which said votes
Of said persons were illegglly cast and
counted for said Boelhauwe, the vote of
said -- being illegal in this, that said
person was on and up to September, 1890,
a duly enlisted soldier Of the United
States Army, located at Fort Sam
served as such and was not finally dis
charged from said service until Septem-
Der, 1880, and waS.not a resident of said |
city for the length of time required by
law to entitle him to vote at said election.
The vote of said -- being illegal in
this, that said person had not resided in
said city for SIX months previous to the
holding of said election, in truth and in
fact having only come to said city from
New BraunfelS. Comal county. where he |
resided, about one month pre-
ViouS to the holding of said election.
IT The 3E vote Ola norson being illegal in
1890 was duly enlisted soldier in the
United States Army, and located at Fort /
Sam Houston. Department of Texas, and
served as such until the month of Decem-
Der 1890, and was not a resident of the city |
IF San Antonio. for the time required to
entitle him TO vote at said election. And ,
further that at the date of said election, ,
5O-wit, February 9th 1891, did not reside in q
said ward No. ), but in ward No. g. OF 9
said city.
The vote of the person --, ana
Tug Wilson, alias Mike Rutledge, were IL 9
egally cast and counted in ward No. ;; in
his that neither--Or Tug