El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-10-15

is my opinion, the question presented
. is one upon which have been able to
! find no legal authority or decision in
point, sand | am OF course unable to say
whether court in which the question
might be brought would or not sustain
! my view. OF course, as is known to
you, any damage to be apprehended by
the city from any mistaken exercise of
power in filling the acequia, would
come from persons claiming prescrlp-
tive rights in this ancient acequia.
While l have expressed my own indi-
vidual opinion, in view of any doubt ex-
listing l would sugge. before any act
| ion taken to fill up the acequia, that the
health office authorities be consulted as
| to whether the acequia by reason of
being las 1 hear it ls) IL receipt for
filth and pollution, menaces public
health :and also that the sense Of ripar-
ian proprietors be taken as to the filing
up OF the ditch, rs Incline to the belief
h 1t q large majority of them would
favor the same. This course may pre-
vent questions that might arise, and
also furnish a substantial basis fer the
councils action in the premises.
| In the matter of the Il at iron block
on Al Francisco street, the council
| decided to notify Samuel Schutz that
he is expected to yield possession 10
J. the city by December L, and need not
| remove the Improvements if he does
not want to. The city engineer was
instructed to survey the premises.
This property was deeded to the city
some time ago in return for other
property.
The September report of the city as
SCISSOR and collector was read by the
cIerk 1t showed 1899 60 collected on
the tax rolls of 1896, and S2O2.S9 on tie
rolls of 1895: occupations, 500 .62: total,
Sl693. IL. Referred to taxation commit
| tee.
The city treasurer's report for the
quarter ending Sept. 80, was read by
hand, June 30, s373Il.s4; receipts,
S23l9O.13; disbursements SlI, 76I.O1; on
hand, Sept. 30, S4S, 74O. 90; warrants out
standing, $50, 1920. An item.zed
statement of different funds on hand is
AS follows: General fund, Sl44S.O7:
special fund, $50 2 73: street main
| tenauce, 1882. %; real estate, $Sl5.9I;
artesian water, S2O9. So: sewer extension,
Sll95 81; street Improvements, S115. A;
contiogent, $2O.1S; sewer bonds,
5. & l., SI772.72; water works bonds,
S. & l., Sl1 1874 Al: funded indie btedness
bonds, S. & l., S21S3.Ol; pubic school
bonds, S. & l., S334o p; artesian water
bones, S. l., 5000 SO; levee, S3943 80;
Chas. B & Jno. "A. Eddy, $1,000.
Total, S4S, 1906.
| The itemized receipts were, Eddy
Bros. S1O.OU0; j. H. Smith, s4sls. 10;
j. r. Harper, Co. Judge, and Mayor
| Masoffin, S3943 80: =. K. Lockhart,
S3773. 90; H. r. Hillebrand, S534.5O;
J. l.. Whitmore, 5000; Mrs. ROBIN
son, S35.67; Judge Kemp, $40; Harry
| hartman, so cents. Total SCHOOLS. Re
ferred.
The city attorney was requested to
investi gate the position taken by Mr..
Tegmire in refusing to pay further
rental on Merri | property which he and
the city owned jointly.
In the m alter of the city attorneys
report on the street railway status, he
was given until the first meeting in
November to report on the revoxipp
of all rights of the street railways not
10 use. The idea was that no street
railway should have franchises they
do not. use, and which may be an OBJ
struction in the way of other concerns
ready to come forward and do some-
thing
The report of the chief of police for /
Septe mber showed, as Judge Coldweli |
known in the history of the city
The fines imposed were $l664; fines COT
lected, Sl431; fines served, $2O6: escap-
ed, $26. Mr.. Withmoref for the street and
grades committe reported that Agent
Conklin for the Cottage saloon property
had promised to have the premises re-
paired without delay.
The petition of the Campbell Real
Estate company for sewer extensions be-
tween Idaho aud Rio GranGe and Idaho
and Montana streets was granted and
1000 feet of sewer pipe to cost 1926 were
ordered.
An ordinance prepared by the city
attorney regulating the granting OF
building licenses was adopted. The
license will be one dollar, the CITY
clerk to receive % per cent of the re-
ceipts for his trouble. The fines for
violating this ordinance range from SIS
to SIS.
An ordinance providing for granting
the petition of the Campbell Resi-
Estate company relative to land south
of the Santa Fe reservation was passed
Mr.. Clifford for the finance commit
tee reported favorably on these bills
which were allowed:
Sewer commissioner. .....S l sol
ID. Mckenzie, rent Sept. and
Oct. $50 90
S. w. Tel. & Tel. CO., 3 mo-. 81 40
J. G. Ross. 10 so
MOmsen 81 Thorne, mdse. ....... 3 00I
Times. 10 60
ri paSn lao c, PofriD 10 SO