Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-07-21
IMPEACHMENT FIASCo
the CHARGES AGAINST MAYOR Ely
FALL FLAT.


N~"''NH met tiliH AFTERNOON az a court OF
inquiry to consider the charges made
against Mayor Fly by the American
Railway uniun. There was large
crowd present and considerable interest
was manifested.
The meeting was called to order by
Clerk Marrast. All the aldermen were
present except Msssrs SpiEane, Levy
and Jackson. who are out OF the city.
on motion Of Alderman wegner Alder.
man Harris occupied the ohalF.
In explaining the object OF the meeting
Chairman Harris said. I'VE are now
convened as oour, Of inquiry to inyessl-
sate ccrtaln charges which have been
Med here against the mayor. The city
attorney Is present as prosecuting at
terney. We also have Judge lSieburg
present."
The opinion OF city Attorney Banlnger
Mas read ny Clerk Marraat as follows.
lion. +, ~ Harris and Aldermen of IN.
ely Council.
Sentlemen-ln compliance with your
( lvqpsst Tor an oplnion as to the r.Kht
u the aldermen 70 investigate or hear
vNluenre upon thc changes pruierfel by the
american Railway Union against A. w.
Wy mayer OF the city OF Galveston.
ncg TO auVisc,
1he charges preferred are three In num-
per' flrst-rhe calling out OF the milIa
and The aummoning OF a spegl,d ponce
iSrGiS Whyn 70 necessity existed Tor a1tn
| aeuen' second-Ihe use OF profane lang
uage IN pubic place, Third rne HtrlS.
ing OF one Peteuon.
the only authority under which the
Ai9tIintn o. the e,ty of Galveston can
make an Investigation or conduct a trial
81 or upon SAID charges " derived from
the several paragraphs under article
II OF Tue city charter Us follows:
lt3 Ihht the mayor ana aldermen OF
nv ~ OF nalNeston may be tried IN
moNe9 from once lor mulfvasance. non
learAhce or miHtoasunoe Ia onice, Of Tor
Mlliul violation OF any OF the ordinances
OF SAID Guy for habltuai drunkenness,
ineompetenuy, or for such other enuse5
as may Dc prescribed by the ordinances,
~ rhat whenever ehargea are pros
| lerred ana nled with the mayor by any
person against either OF the AID ruien. Il
shGl be tho duly OF the mayor to have
me nceused duly seryyd with copy OF
hueh charges and nhall SET u day 10 Ia.
qulre INTO the truth OF such charges and
hh1ll hotlfy the accused and other alder
men anu the witnesses ior aud against
the accused 70 be present. that the mayor
and other aldermen shall constitute a
court to try ana determine the case And
may continue the lnyeatlsatlon from DAY
" dhy upon proper showing TO enable
the accused or prosecutor to Kut material
evidence before the court,
Section lol. That when charges are
SO prciptrCd against the mayor they
may be hled with either OF the aldermen.
whose dufy II shall De to call tho alder
lh'N lpkylNNls aAu Mhun 80 assembled
number to preside during said investlgR.
ilon, and for the purpose Of said trial,
ne pleSidng ofNeer So elected shan per-
Igim the duties OF mayor. ana the trial
shan proceed as provided for ia die last
preceding section.
Section id2 The accused shall have
me right TO be heard In person OF by
counsel. and The corporation shall like
wise be represented by counsel, II the
Paragraph 10 d,Gncs the ciicuscs for
which an lnvestlsau1n OF trial provided
GOT IN the other paragraphs may be held.
me JuIl aIgu9h OF ne aldermen Y
limited and doilnrl by the aeeien OF
tho charter Just quoted. JurisdldtiDn IN
the authority by which judicial officers
take cognlzince OF aud decide causeE,
thc right OF a Judge 70 pronounce a SEM
fence OF law on a case or issue before
him acquired from due process OF law,
cutlon OF what is deerecd. The existence
Of jurisdiction Of u cause rs the power
over the Fubiect matter given BY the
tribunal eNlatH, In thla case the fundu-
mental law X the charter OF the city,
Article III Of the charter provides that
whenever dhe mayor shall deem u nee.
essuty In order TO enforce the laws OF
the city or to avert danger, or to pro-
tcct life or property ~ case OF a riot
or any outbreak or public calamity, OF
,,nhiir dtsturbnnra or when no has ron
son to rear any serious Violation OF law
or order, or any outbreak, or any dam
ger 10 Hlll0 CITY OF lnt llNNNAhNHAH ANNNfa
o. he shall summons into service
ns q special police force. all, or az many
OF the citizens as IN his Judgment ana
discretion mas be necessary and proper
Under This article OF lie chaftI, the
calling OF the special police force Into
service H. vtated exclusive.y IN the mayor
and tho right to exercise such power ~
dependent only upon the Judgment and
discretion Of such officer There ~ no
appeal from the exercise Of hlch dlsere.
ton, and he can not be neld 10 account
Judgment He In the sole Judge as 10
the necessity.
OF Texas provides that when there IL
In any county, city. or town q tnmplt.
riot mob or body q men acting toyothcr
or breach OF the peace, or TO do violence
TO persons or property, or by
force and Violence to break or
, ,e,ui, RIOT mos or other uniaw.
hi act or Violence is threatened. and that
fact Is made TO appear ~ We eomn 1iia,y
or the mayor Of such city or town, Tue
commander-in-chiet may Issue his order.
or such sheriff or mayor may Issue,
brigade, regiment battalion OF company
Of volunteer guards, directing MIN 10 or.
AZ n time and place therein specified TO
aid the civil authority IN suppteaNhB huch
violence and In executing the laws
MAYOR OF the city the power 20 call out
the mIlitln when IN his judgment It may |
he necegsnry, and In tho exercise Of that |
Judgment the mayor n not answerable TO \
any one He Is the sole judge OF the ne
ID foilowa. therefore. that. the charter |
giving the aldermen no power over the |
subject matter contained In the nrst |
charRe, Jurisdiction does not lie In them |
to hear or determine.
The second charge Is for curslng In
That iris charge is not included In
miafcasauce. nonfeasance or Inhlfeaaance |
IL made plain by the generally accepted |
definition OF these terms given by the |
law writer's. Malfeaeance Is the unjust |
performnnce Of some act which the party |
had no right or which he had contracted |
not 10 do q Chitty Pl,, 1870. NOnfeas-
ance Is the non.performnnce OF SOME act |
which ought TO be performed q Russ. Or,
~. MiMeasance Is the performance OF
an act which might lawfully be done IN
an Improper manner by which any per-
such an act must be committed In nm
Official capacity in and about the duties
Of the office.
The third charge is for striking one
Peterson and II is equally clear from
the definitions given that this charge IL
not embraced In the acts Just referred to-
II, then. Jurisdiction attaches at all II /
must be undcr that clause Of tho char
ter which gives Jurisdiction for the Will
ftil violation OF the ordinances 81 the
city
We are not left In doubt as 70 the proper
legal construction OF such u clause II
tried and lmpeachfd for every lnfrac- |
ft.u ~ tina law losauae for Violation. -