San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-04-21
coNTRARUrED SCRAPS

sells anything Whatsoever, to the
city, he is in the position of both
seller aud buyer because he is part
and parcel of theNc!ty government.
II a mayor sells anything to the
city, he parts witn the moral right
OF objecting to aldermen doing the
same thing, and must extend the
same privilege to them.
Where an alderman sells any
thing to the city, he thereby loses
the moral right OF raising any OBJ.
jections to brother alderman's
driving a shrewd bargain with the
city and comes under an implied
obligation to sanction transactions
similar to the one which he him.
self has had with the city. This
leads TO the game Of ''you tickle
me, aud Pll tickle you"
The foregoing remarks are based
on the general and settled prin-
ciple OF law, that no person in the
position Of a trustee shall be both
buyer and seller. The bible de-
clares, that 'no man can serve
two masters" and it is clear, that
no public officer can serve his pri-
vate interest and the interest Of
the state, county, or city, in a
transaction, in which, he sells
something 10 the city.
AS a seller, 1t is to his Interest to
obtain tho highest possible price,
but as public officer, who buys
for the public, it is his duty to buy
as cheap as possible. When this
conflict OF interest occurs, which
will prevail, private interest or
public duty? The public is very
apt to be used as a mich COW.
But there is clause in the city
charter, prohibiting in plain and
unequivocal terms, any city officer
of San Antonio selling anything to
the city. That is the purport and
meaning of said clause, though not
the exact language used in the
charter. The mayor and aldermen
are bound by their official Oaths to
respect and obey the provisions Of
the charter, and are charge2de
with knowledge of ali tnd is
contained in the city char,T.
The act, which is prohibited by
the charter, is made a/criminal Of
fence by virtue of tie prohibition
A criminal statute, or clause, in
a city charter must be strictly con
strued, and cannot be broadened
and extended by intendment, or
latitude, of construction. The
charter prohibits selling to the
city.
The city does not furnish the
men4working ON the streets with
picks and shovels, but they have
to furnish those tools themselves
out of their own means, and they
have a right to purchase them
from whom they please.
Mayor Elmendorfs hardware
house did not sell shovels and
picks to the city, but to the per-
sons who worked on the streets,
and this transaction was not a vio-
lation of the prohibition contained
in the charter. Had the men to
whom the picks and shOvels were
sold, failed 20 pay them, the firm
of Elmendorf & Co. would have had
no claim on the city. Wages are
exempt from garnishment.
But the city paid the wages Of
the men who bought the picks and
shovels! Certainly. When theil
wages were received by the men
did not the money belong to them:
Most certainly, and the wOrkmen
had right to expend this money
to suit themselves. ElmendOrf &
Co., sold them picks and shovels on
a credit, to be paid out Of theil
wages, to be received from the city
It would not be pretended that the
picks and shovels were sold to the
city, for that would be false.
Could not Elmendorf & Co, or al
to that, Mayor Elmendorf himself
have advanced to the wor&mCn the
money with which to buy the picks
and shovels. and exacted from then
a promise to repay the advances
out OF the wages paid them by the
city? Beyond doubt.
Elmendorf & Co. sold them picks
and shovels on a credit, which wss
equivalent to advancing the price
of the picks and shovels to the
men.
Would it be a violation of the
city charter for Mayor Elmendor
to purchase pair OF horses from
one OF the aldermen and to pay fol
them out of his salary? Would tn,
alderman, in the case supposed, b.
selling his, horses to the city? Ger
taiuly not. That is what the char
ter prohibits.
If Mayor Elmendorf's firm ha
sold any hardware directly to tn
city, with his consent, it would b.
wrong.
Mrs. Glass, in her recipe for max
ing rabbit pie, directs that "tht