El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-10-15
THE CITY COUNCIL.
A Large Amount of Business Trans
acted at Last Nights Session.

A Large Amount Of Business Trans
acted at Last Nights Session.
The council was in session last night
for nearly three hours. The reading
of the minutes of previous me tings
developed that Alderman Drummer had
been fined s. for absence. The fine
was RENTED. Then the city attorney
had his innings, acd regular field Gay
it was for him. His reports were as
follows:
Smith for $500 damages because OF IN
iuries sustained oy falling over side
walk distractions in the dark, City
Attoruey Kemp advised that the claim
he declineu: adopted.
The city attorney also reported: Re
diving to your recent inquiry as TO
what street railway companies nave
forfeited their franchises by nOn-use
and atlure to comply with, won q
state: I find IN book d Of your mill
utes, page lib, confirmation OF prlvl-
ieges granted Ell Paso street railway
conpany, and City Railway company
and the con sol .datiOn OF the two under
the name OF the FL Pa5O Street Rail
way company, Is recognized. Inc
right TO build on certain streets Il
GRANTED. the work to be done il twelve
months, and most of this work seems
never to have been done. Inc ordl-
nance, however, specifics that the priv
lleges granted are Tor Inc lie OF the
compauy's charter. Secondly, In book
G.. PAGES 44-5I, L find extensive priv
leoes GRANTED on May 30, 1892, TO }. w.
Carnt s, for an e.ectric street rallw ay,
and also for electric lights and power.
Nothiup seems to have been done under
this grant. Thirdly, L find in hook E,
page 225, street railway privileges ana
franchise granted 10 S. w. Russell, A.
NJ LOOMS, G. q. Stanton and w. u
MeGlennOn. Nothing seems 10 nave
bsep done under this grant. the Or
finances granting the last two fran
chises specify that they are subject to
a eral ordinance regulating such
matters dated January 20, 1883, and
recorded in book E, page 223. This
General ordinance is intended to be
self-acting and to work forfeiture, or
lapse, of franchises upon failure OF the
conditions mentioned, and is intended
20 apply to all street railway iran
chises. In reference to the two last
franchises mentioned, it is specially
mentioned in the respective ordl-
nances granting them, as have stated.
and | hardly think it would be neces-
sary for the council to take further
steps to declare forfeited any franchise
in its scope.
On retaxation of rolling stock, the
CITY attorney also reported: Art. .,
Sec. s, of the present state CONSTITUTION
provides that all property OF railroad
companies shall be assessed and the
taxes collected in the several counties
IN which said property is sltuat. in
Guiding so much of the roadbed and
fixtures as shall be in such county.
The rolling stock may be assessed in
gross in the county where the prlnc1-
pal office of the company Is located,
and the county tax paid upon 1t shall
be apportioned by the controller III
uroportion to the distance such road
NAV run through any such county,
among the several counties through
which the road passes as part of their
tax assets. Sec. >, same article, pro-
yides that all property OF railroad COM
Danies of whatever description, lying
or being within the limits OF any city
or INCORPORATED town wi hin this state,
shall bear it's prOportionate snare OF
municipal taxation. Art: ouoo N ..
1893 puts in active operation the said |
Art. Sec. s of the constitution, and |
provides the methods of rendering for |
axes the rolling stock in the county OF |
the principal office, relief before board |
of eoualiz alton, apportlOnment between |
counties, etc. 1t seems to me tha5 bOth
sections of the constitution cited con-
templates that the property which is to
be taxed in the county or city respec-
lively should have a location there; but
that in rs much as rolling stock is con-
stantly shifting from place to place,
provision is made for its rendition in
the county where the principal office is
situated This relates to state and
county taxes only. The constitutional
articles cited made 70 provision In re-
gard to municipal taxes on such pro-
nertv. and | believe that anticipating
the great difficulty in the way OF fair
and uniform municipal taxation on tina,
& nd of property, it was not intended
to be liable to municipal tax alton, but
only to that OF state and county. L am
IF the opinion that you should not tax
railroad rolling stock.
The city attorney reported on the
Sling up of the acequia as follows:
From nov own understanding of facts
and conditions, it ismy opinion that un-
Ter the powers, both expressly conferred
" it's charters, and ia rly lmpned, the
.ity through its council has the author
ty to abolish the acequia and fill up
he same where it may interfere with
,r encroach upon the streets, alleys,
highways or public property OF the
,ity, if in the Judgment Of the council
t should be necessary to do so for the
Welfare, convenience or health OF the