San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1893-04-25

was received and the money appro-
priated.
The city engineer made a report
relative to the surface drainage on
Avenue {, which was received.
The city attorney presented an
ordinance to repeal an ordinance
prohibiting the hitching of horses
on SOledad and Commerce streets;
passed.
An ordinance was presented re-
Quiring fire alarm boxes to be
placed in the various opera houses
of the city at the owners expense;
passed on its third reading.
The city attorney reported on
the petition Of citizens, asking to
have a ditch on River avenue
opened. The report was to the
effect that the city has no right to
open any ditch. The report was
referred to the ditch committee.
Aldermen Beckmann, French
and Elmendorf were appointed a
committee to destroy 100000
worth of unused redemption bonds
of 1888.
ABOUT HAGEN's REMOVAL.
The city attorney gave his
opinion upon the petition of G. q.
Clifford, asking for the removal of
City Engineer Hagen. The report
was as follows:
SAN ANTONIO, Texas, April 81, '93.
To the Hon. City Council of the City of
San Antonio:
GENTLEMEN:
In regard to the petition Of q. &.
Clifford, asking that f. \. Hagen,
city engineer, be removed from Of
flee, LIST, because said Hagen was
not, at the time of his appoint
ment, citizen of Texas, | beg to
report as follows:
Sec. 81 of the amended charter of
1889, provides that "No person
shall be elected orappointed to any
office in the city who is disquali-
fled from holding office under the
fourteenth amendment Of the con-
StitutiOn of the United States, and
at the time of his election or APP
pOintment is not citizen of the
state of Texas and a resident with
in the city limits at least one year
preceding such election or appoint
ment.'
1t follows then, that if Mr.. Ila-
gen, at the time of his appoint
ment, was not a citizen Of Texas,
and a resident within the limits Of
this city at least one year prccCd-
ing his appointment, that his APP
pOintmpnt was void, and in clear
violation of the city charter above
quoted.
TO the second paragraph of the
petition of &. G. Clifford, in which
he states, "That the rights, duties
and obligations of the citizens of
said city and of the city, arising
from and growing out of the acts OF
the city engineer of said city, are
various, intricate and important,
and liable to cause VeXatiOuS liti-
CATION, costs and expense, unless
said office is filled and occupied by
some person about whose cOmpe-
tency there is no question:" | beg
to report as follows:
That even though the appoint
ment of Mr.. Hagen was void, yet,
as he occupies his position, under
color Of title, he is a "de factO Of
t1icer," and as such officer, his acts
are in every respect valid and legal,
so far as they involve the interests
of the public and third persons,
where the duties of the office were
exercised.
Third. AS to the prayer Of Peti-
toner Clifford, chat said Hagen
be removed from his office of city
engineer of this city, and a cOmpe-
tent citizen appointed to perform
the important duties appertaining
to said office" | beg to say that
this matter resting entirely with
your honorable body. | can only
suggest that when the charter of
the city provides what qualifica-
tons are necessary in appointing
or clecting a person to office, that
such provisions are made for a
purpose, and ought not to be dis
regarded.
Very respectfully, etc,
\. LEVY,
City Attorney.
ON motion the report was re-
fnrrad and will he acted on at the