The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-03-15
IT WILL Be A TEST CASE.
Collection Of Scayenger Fees by
Criminal Prosecution.
APPEAL FROM RECORDERS COURT.
Chattie Mortgage Fiied-Lsst jury Week.
County Court Matters - Marriage
Licenses for the Week.

There Is to be test made OF the ordi-
nance under which persons have been ar
rested and fined on n charge Of failing
and refusing to pay the city scavenger."
In Recorder Hills court yesterday Mrs
l.. Captain was arraigned on charge OF
falling and refusing to pay bill due the
city scavenger, amounting 10 S25 the
prosecution being of n criminal nature OH
affidavit OF James NJ. Thompson. city
scavenger. Assistant City Attorney Ira
cey represented the city and Messrs. cline,
Cline & Thompson the defendant. After
the evidence had been taken Mr.. Tracey
submitted to the court the ordinance pass
cd by the city council May Is, 1894. on
which the prosecution is based, as follows:
Be 1t ordained by the city council of the
city OF Houston:
Section l. 1t shall be unlawful for the
city scavenger OF the city of Houston, or
those in his employ, to remove or carry
away the contents OF any privy. vault or
water closet. or any receptacle of human
eNcrcment, Mt any time except during the
hours embraced between sunset and sun
rise; provided, however, that In the reinov-
al of the contents of any priNy, vault,
water closet or any receptacle of human
eXcrement the city scaVenger and those IN
his employ shall be required to use odor-
dislnfectants; ana for any violation or tnis
section by the city scavenger or those in
his employ the city scavenser shall be hnee
not less than ten nor more than nifty dol
lars 20 be recoverable before the record
e-'s court of the city of Houston.
Sec =. The city scavenger shall be al
loved to charge the following rates and no
more; For one barrel or fraction OF bar
REL sl.25; for each hogshead under four
hogsheads, s.; for each hosshead eyer to our
at the OntlQn of the CITY SCANenRer,
Sec. B. a barrel as used In the above sec
thirty gallons, and hogshead to contain
not less than sixty gallons.
Sec. 4. ANY person who refuses or fans TO
pay the city scavenger for the removal of
night soil the rate fixed by law for such
removal shall upon conviction be fined not
less than one nor more than one hundred
dollars.
ton OF his fees for removal OF night soil.
shall have the right to look wholly to the
landlord, and not TO the tenant, II he see MT.
In Ms arsumsnt 81; Stanley Th0mIpson Tor
vision that no person shall he imprisoned
for debt, and as the prosecution was moth
Ing more than means employed to en-
force the collection of fee due the city
scavenger IN came within the provisions of
the constitution. and the ordinance is
therefore void. He cited instances where
ordinances have been passed In other cities
to keep their premises in sanitary condi-
tton, and upon failure so to do they could
be punished by prosecution, but ne knew
of no case where debt of this or any
other kind was collected by criminal pros
ecution He argued further that the EVIL
dence before the court did not prove that
the defendant refused to pay, but had
failed" to do 50. The affidavit charged
that she had failed and refused" and
counsel urged that TO convict 1t would be
necessary for the city to prove that the
defendant had refused" His argume mt
mainly was as to the constitutonality OF
the law.
Assistant Cry Attorney Tracey defended
the ordnance He said the city council
had very wisely taken steps to keep the
city of Houston clean and in sanitary
condition by the passage OF a law that
would force the people to pay for the re-
moyal of NTH from their premises. He
said II was not unconstitutional for the
officers of the courts OF the city county
fees In this manner. and that the city
, scaTenger whose remuneration for his
work IS from the fees OF his office should
be allowed the same privilege.
Recorder I'M gave Judgment against tho
defendant, imposing inc OF 81 and costs
He stated that II was not his duty to ques-
ton the validity OF the laws of the city,
hut to try eases upon the laws as they are
made. Stanley Thompson for the defense
gave notice OF appeal He says he will
take the case to the highest court in Texa,
before he VIII submit 80 the collection OF
Il debt by criminal prosecution. City Scav-
enGer Thompson says ne has had the opin.
Ions OF some OF the host attorneys In the
| city on the ordinance and every one has
stated that II is valid one and will stand
/ the test. This is the first test case. A
number of convictions have been had un
! der the ordinance and there are a large
number of cases vet to be tried