The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-12-15

lOI duu ICBlOSOhbih6 viz Ab6 avn w oNA0
Of said city, to which position you
claim to have been elected at an cleo
ton held in said Eighth ward on the
fifth day of Dec, 1892, and at which
election 1 was candidate for such
position.
AS the grounds of such contest 1
claim, allege and will prove that
large number of ballots, to-wit: Forty
five, were deposited at said election
with your name only on them, which
said ballots were counted for you
and all of which ballots were cast by
persons not legally entitled to vote in
the Eighth ward for alderman at said
election, that the names and resi-
dences of such persons so illegally
voting at said election are at this time
not fully known to me, but q list of
same will be furnished to you in a
reasonable time after 1 shall have had
an opportunity to inspect the poll
books of said election, which 1 cannot
do until tonight. Respectfully,
A. HI. NEWTON.
The canvassing committee then an
the result of their lab0rs,
giving the same majorities and plu-
ralities as were published in The
the dav after the election
and the following aldermen elect were
called to the stand and sworn in:
First ward-P. w. Powell.
Second ward-Wm f. North.
Third ward-Francis Fischer.
Fourth ward-Thos. f. Taylor.
Fifth ward-A. w. Townsend.
Sixth ward-Chas. P. Raymond.
Seventh ward-J. B. Nitschke.
Ninth ward-R. Platt.
Tenth ward-W. A. Glass.
Eleventh ward-N. A. Dawson.
The committee on streets and alleys
reported favorably on the petition
asking leave to erect two iron STAIR
ways to the second story of the First
National bank building, one on Pecan
street, the other in the alley at the
rear of the building. The report was
adopted. r't~'
MIR. C. H. Miller, representing III. B.
Hancock, then submitted the follow
ing reply to Alderman Newton's pro-
test:
AUSTIN, Tex, Dec. 10, 1892.
To the Honorable Mayor and City Council of the
City of Austin:
GENTLEMEN-Having received 6
plurality of the votes cast for alder
man in the Eigth ward at the election
of Dec. 8, 1892, l respectfully ask to bf
installed as such alderman and thai
it be declared that no valid contest II
pending for such office.
First-Because no contest was flee
fh,aa douc oftar tho ROT nrn n
the result OF the election by the judge
to your honorable body.
Second-Because no contest wa
filed before the meeting of your hon
orable body tonight.
Third-Becaus no notice of contes
was served on me. Respectfully,
H. 81. HANCOCK.
Mr.. Miller quoted the following sec
ton from the new charter:
"Section 8. That the city council
shall be the Judge of the election an,
qualification of It's members, and shal
determine contested elections of al
city officers made elective under thi
act, in such manner as may be Pre-
vided by ordinance; provided, that n
alderman nor the mayor shall be al
lowed to qualify or requalify, If h
succeeds himself in office, until at
session of the city council, to be hell
on or after the Saturday next sue
ceeding the election, which shall il
all cases occur on Monday, unless hi
opponent in the election or all oppon
ents, if more than one, shall soope
file q statement with the city clerk
that he or they will not contest tn
election of his or their opponents
naming him.
If, prior to the time for installing
such newly elected mayor or alder
man, contest of his election is filet
in writing with the city clerk, stating
the grounds for the contest, he shall
not be installed until such contest
determined nor shall the council cleo
the other city officers until such con
tests are determined; provided, tina
all contested elections shall be decides
within fifteen days from the date G
the election"
He argued that, according to tn
above section, o'clock, the hour fixe'
for the meeting, was the time for tn
installation, and as Mr.. Newton ha'
not filed his protest until 6:Oo no vail
contest existed, and he therefore de
manded that his client be sworn in.
In the general discussion that fol
lowed 1t was shown that the sense {
the council seemed to be that tn
slime for installing" had not bee
reached until motion that the calder
men elect be now installed had bee
made, and as Alderman Newton ha
filed his protest before that motto
had been made, a valid contest did ez
let. A disposition to treat all partie
fairly was evinced, and on motion {
Mr.. Linn, next Saturday, Dec. II, q
o'clock, was fixed as the time fo
the hearing of the evidence, Alder
man Newton agreeing to furnish tn
contestee with a list of the alleged i
legal voters on Tuesday.
The council then adjourned.