The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-29

rules and regulations now In iorcc shHli
be continued as the rules and regulations
of the department, SO far as applicable nm.
der this section but may be amended or
altered by The city council up0n the no.
commentator of the chief engineer ANA
the fire committee Of the council 10 rem.
der any person eligible for employment
in the fire department he shall be between
the ages OF II and AS he shall he d citl.
zen of the United States; shall have been
a bona iide resident of the city of Houston
for at least two years immediately prpced.
Ing his appointment; shall be Of good moral
character and shall successfully mas, n
proper physical examination"
That by section 26a of said Cbartcr IL
Is provided as follows to-wit.
THAT ON and after january l. 1905 .ha
police fire and health departments of fBc.
city Of Houston shall be placed under civil
service rules and regulations, save aud ex-
cept the heads OF said departments and
shall be under the supervision dircct ,0n
and control of the respective heads of said
departments. The mayor and four alder
men receiving the highest number Of votes
at the city election shall constitute
| board which shall be known rs the police,
fire and health board OF the city Of Hous-
ton. which said board shall make an nrpes-
ton of applicants for positions In said de-
partments aud said board shall also pass
upon the charges preferred against any
member or employe OF any Of said depart
mcnts.'
VII This defendant shows further to the
court that he was employed in accord
I
of the said city Of Houston on, to-wit
June 30. 1899. as one Of the health i'm.
spectors of the city OF Houston, and Is
continuing TO discharge duties as such
health Inspector. and has continued TO dis.
charge duties as such health Inspector from
said date down to the present time. This
| April "a, 1901, pr. j. y. Massio then
| health officer OF the city OF Houston, be.
came by reason of sickness unable TO dis
| charge the duties of said Office and rp.
In isyio Ia,
duties of said office for him and In his
place, and thereupon and thereafter until
! the time OF the death Of the said Or. J. x.
| Massie on the 23d day of August 1901
! this defendant fulfilled the duties Of health
officer of the city Of Houston in addition
to his duties as health inspector, as aforc-
said
That since said August %. 1901. and until
! October 10, 1901, this defendant continued
to fulfill the duties of said city health OF.
| hcer for the reason that the defendant is "a
duly qualified physician in good standing,
md was and is the only physician en-.
! ployed as health inspector by the city Of
| Houston, and there was no other person to
discharge the said duties, and II was inn
| perauvely necessary for the public welfare
that the duties of said Office should be
| discharged.
VIII. This defendar-t further shows TO
! the court that during all of the time that
he discharged the duties Of health officer
OF the city Of Houston, from April ~ 1901,
to October 10, 1901, he did SO without any
compensation whatever.
TX. This defendant further shows that
on; to,wit, October Z, 1901. 1t was PRO
Of Houston, as follows;
An ordinance to amend chapter III.
article Al, Revised code Of Ordinances Of
the city of Houston.
BE 1t enacted by the city council of the
city of Houston:
Section /. That the rules Of order of
the city council of the city Of Houston
be so amended as to insert the following
Sec. ,. That on appeal from the decision
OF the chair, should the presiding officer
TAIL or refuse from any reason whatsoever
TO put such appeal before this body, II then
email become the duty of the mover OF such
motion TO put the question ana declare the
result. And in the event the appeal Is sus
talned by the council and the presiding
efhcer shall refuse TO put the motion or
| proposition held by him 10 have been out
of order, then 1t shall he the duty Of the
mover of the motion or proposition TO put
the same before the council and declare
| the result.
Sec g. That this amendment shall be
known as rule 1Sa of the Rules Of order
governing the proceedings Of the city conn
| ell
Sec a. That all ordinances IN conflict
| herewith are hereby repealed,
| Sec. . That this ordinance take effect
from and after Its passage and publica'
This defendant further shows to the court
| that when the motion set up IN section Z
| of the plaintiffs petition was offered by
! Alderman Thompson al a regular meeting
OF the city council of the city of Houston
/ on October 10. 1901. the plaintiff who was
| acting as presiding officer of said meet
| ing, declared said motion out of order ana
| refused To submit said motion to q vote OF
| the city council, and thereupon said Alder
| man "son appealed from the decision
of the said nresiding officer, and thereupon
SAID plaintin refused to put such appeal
before said council, and thereupon the SAID
| Alderman Thompson put said appeal heiorC
said council and said appeal was sustained
by vote of said council: and thereupon
the said plaintiff still refused TO put before
said council the said motion offered by a
derman Thompson, and thereupon sald Al
dormon Thompson put said motion uctCte
the council and said motion was by vote
OF said council passed, and the result OF
said vote was declared by said Alderman
Thompson.
This defendant further alleges that since
the said October 10, 1901, and down to lhl
present time, he has fulfilled and discharged
the duties of health officer of the city ol
Houston, such as is necessary for the wei
rare of the Inhabitants thereof, but TINS ue
PENDANT does not claim that he Is the heallI
officer of the said city of Houston, no.
does he claim that there IS any such OF
nee designated as assistant CITY heaItu "a
ncer; and he says Furthermore that me- me-
could be no such office at this time, because
there is no city health officer
All of which facts fully appear from th'
ahldavlts Of a large majority OF the alder
men OF the city of Houston, which are h'e'
o. T. Holt and l.. r. Bryan,
ATTORNEYS for DelcnuaNts
The State OF Texas, County 81 Huuls.
Before me, Charles c. McRae, notary
public In and for Harris county, IeN4s, ol
this day personally appeared w NJ. Bruin
by, having been first duly sworn ~ ~
says on oath that the matters Of fact sun
ed In the above and foregoing answer Nv
within the personal knowledge o. aHihni
true, as stated therein. w. NJ. BrumpA
Sworn TO and subscribed before me lnl
Csea ii1' u O'''oS'' Cha cRas. c. McRae,
Notary Public in and for Harris County
Texas.
j. d. Woolford VS.. w, NJ. Brumhy 4,
3l.3ls-ln District Court Harris county
Texas, Fifty-ffth Judicial Districts
We, the undersigned, duly elected ana !
ned and acting aldermen Of tee e,B 4,
Houston. do upon oath say that Dr. W, IA ~
Brumby. the defendant Ia the above slsle 8
aud numbered case, has been ac4hE a
health inspector OF the city Of lipusSo
for about two md onehalf years, ana ~
been recognized as such health lnspectAs
for about two and one-half years ny ~
city council OF the city Of Houston so,,'
posed OF the mayor and aldermen. anu y
7 all the departments OF said city Cover
ment and by the people Of said city Nv
that when the late city health Officer ~, ~
l j. r Masslc, became, by reason ot sl'l
. ness unable TO discharge the. duties -
! said Office In the month of April l'1 M "
I said Brumby, at the request of SAID Mas.
l. | DISCHARGED the duticS of city neaith on