Evening Tribune. (Galveston, Tex.), Vol. 13, No. 78, Ed. 1 Tuesday, February 21, 1893 Page: 2 of 4
This newspaper is part of the collection entitled: Galveston Tribune and was provided to The Portal to Texas History by the Rosenberg Library.
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The following text was automatically extracted from the image on this page using optical character recognition software:
GALVESTON CITY COUNCIL.
TUESDAY EVENING. FEBRUARY 21. 1893.
That canal should ba built.
railroad to
that
I
re-
A
It is to be hoped that the new charge
of the government work here and the
contractors will get along more har-
moniously than heretofore.
It is whispered, says the Atlanta Con-
stitution, that the lightning that struck
the whisky trust in congress last week
played luridly around the heads of some
of our statesmen; hence the advice, that
all statesmen should wear rubber
when they handle the live wire.
A whole lot of country papers in other
states are calling attention to the incon-
gruity that Texas has an area of 274,000
square miles, containing 175,330,000 acres
of land, sufficient whereon to maintain
in comfort the present population of the
entire United States, and yet has not
enough patriotism among her male in-
habitants to make a proper exhibition
of her products end advantages at the
World’s fair. Some of these same coun-
try papers, and a few city ones, intensify
their taunts about the Woild’s fair by
alleging that what patriots there are in
Texas wear dresses.
OFFICIAL REPORT OF THE PROCEED-
INGS HAD YESTERDAY.
that—
connec-
j
1
1
_
There seems to be no hope that the
city council will have enforced the ordi-
nance prohibiting stock running at
large in the city limits.
A smooth young man, Charles W.
Gardner by name, who was Rev. Park-
hurst’s right arm in his raid on vice,
played leap frog in a house of ill fame
and landed in Sing Sing for a stay of two
years. This looks like a case of virtue
o’erleaping itself and falling on t’other
side. ___________________.
Evening Tribune confidently expects
before the twentieth century makes its
initial bow before the footlights of Time,
to record that every street in Galveston
is paved, and every building, private and
public, is supplied with artesian water
from the mainland, and with excellent
sewerage connections.
Despite the opinion of Statesman Im-
boden to the contrary, EneningTribune
regards the selection of Judge Gresham
to be the premier of the democratic ad-
ministration as more commendable from
the standpoint of the patriot than from
the practical politician’s point of view.
It will at least test the truth of the max-
im that he serves his party best who
serves his country best.
The number of hide?, bull hides, cow7
hides, calves hidesand sheep hides that
come into this port by rail and are
shipped out to New York and Boston by
sea is something frightfully enormous in
point of size and continuity. Why not
stop them here and tan them ? No more
advantageous place on earth for operat-
ing a huge tannery, and in conjunction
with it would naturally spring up a boot
and shoe factory and a harness and
saddlery manufactory.
The row in Memphis which came near
having a gory culmination in a duel to
the death between two able editors, had
its origin in a legal proceeding instituted
to disbar a lawyer accused of taking
money from his client without rendering
commensurate services. Whenever a
newspaper man is ags enough to become
agitated over the virtue of a lawyer to
the extent that he wants to fight about
it, the peacemaker who prevents him
from being smitten with useful lead de-
serves incarceration in an idiots’ asylum.
So, also, should
Beaumont.________
South Galveston expects to be con-
nected with us in a rapid transit way
when its electric cars bloom in the
spring, trolly-la.
gurninrj ^ribuur
Official City Newspaper.
J, W. BURSON-CO., PUBLISHERS,
Tribune Building, S. W. Cor. 21st_and Market.
Entered at the Galveston Postoffice as mail
matter of the second class.
Evening Tribune receives daily the reports of
the Associated Press, the Texas Afternoon
Press and the Southern Press Bureau, being
a member of all these news associations.
brick pavement of Eighteenth, and opinion that the party has no case
Twenty-fifth streets, according to con- against the citv; that he is barred by
tract; that their work has been approved
and accepted by your honorable body i
and ordered paid; that all parties owing
assessments on these improvements have
been duly notified according to law, and
that 50 per cent of the funds due are yet
unpaid, and that the time allowed by
law in which to make these payments
has elapsed. Wherefore- your petition-
ers earnestly pray that your honorable
body will promptly take the necessary
steps to enforce an immediate collection
of these assessments, together with ac-
crued interest due. Respectfully,
W. A. Doyle & Co.
The following petition from the Galves-
ton Sewer company was referred to the
streets and alleys committee, to report
back at the next meeting:
To the Honorable Mayor and Board of
Aidermen of the City of Galveston—Gen
tiemen: Ycur petitioners, the Galves-
ton Sewer company, would most respect-
fully call your attention again to a peti-
tion which was presented to your honor-
able board some ten (10) months ago.
relative to the city of Galveston using
the Galveston Sewer company’s sewer
main, constructed on Bath avenue, for
the carrying off of storm water and
house drainage, along the east side of
Bath avenue through the sewer.
And as the same has never been acted
upon, we would most respectfully again
ask of your honorable board to give this
matter your immediate attention.
For your further information we will
state that some ninety (90) days ago the
board of public works and your city en-
gineer have caused other connections
from both sides of Bath avenue with said
sewer, which relieves Bath avenue’s
house drainage and storm water by pass-
ing off through the said sewer from the
gutters both sides of Bath avenue, which
your city engineer is thoroughly familiar
wiih.
The ordinance which regulates the
Galveston Sewer company’s privileges
with your city sets forth the fact that the
said sewer company has the right to re-
ceive a compensation w7hen»ver the sew-
er company’s main is used for the carry-
ing off of the storm water.
This being the case, we would most
respectfully ask that your honorable
board through your city engineer take
steps to compensate the said sewer com-
pany for the use of its main on Bath av-
enue. Yours Respectfully,
George H. Henchman, Sec.
per S.
The following communication Irom A.
H. Willie on the case of T. G. Baker
was read:
Galveston, Tex., Feb. 18 —To the
Honorable City Council of the City of
Galveston: In the matter of the suit
of T. G. Baker against the city of Gal-
veston, referred to me for opinion, I beg
leave to report that I have examined
the papers in the case, together with all
others bearing upon the claim, which
have been submit'ed to me by your
honorable body, and I am of opinion
that the claim sued on was barred by
limitation at the time the action was
commenced. I have not arrived at this
conclusion without a thorough investi-
gation of all the authorities bearing
upon the question, as I had grave
doubts originally as to whether the
coupons were barred or not.
some conflict of
the time when
limitations begins
occurred on the 23rd dav of December! 1
1892. . ‘ ,
Petitioner therefore prays that the
city rebate to him, as the trustee of 1
Freiberg, Klein & Co., such a proper- '
tion of the $150 as the unexpired por- ]
tion of the license bears to the whole (
term, being the unexpired portion from ,
December 23, 1892, to October 1,1893. J
Respectfully submitted,
Jacob Sonnentheil,
Trustee.
The following petition from Ed. Bran-
non was referred to the police com-
mittee :
To the Honorable City Council, Citv
of Galveston—Your petitioner was fined
in tie lecorder’s court, which, with
costs, amounts to the sum of $7.70. He
was guilty of no intentional violation of
the law, wherefore he prays that your
honorable body remit same. Very re-
spectfully, Ed. Brannon.
The following petition of W. Heiman
was referred to the. police committee :
To the Honorable City Council of the
City of Galveston—Gentlemen: Your
petitioner was fined in the recorder’s
court, w7hich, with costs, amounts to the
sum of $7.70. He was guilty of no inten-
tional violation of the law, wherefore he
asks your honorable body to remit said
fine and costs. Very respectfully,
Will Heiman.
The follow7ing petition from John
Hines was referred to the police commit-
tee :
To the Honorable City Council of the
City of Galveston—Gentlemen : Your
petitioner was fined in the recorder’s
court in the sum of $5 and costs, amount-
ing to $7 70. He was guilty of no viola-
tion of the law in reality and was fined
on a technical violation of same. Where-
fore he asks that your honorable body
remit same. Very respectfully,
John Hines.
The following petition from Frank
Mundine was referred to the market
committee:
Galveston, Feb. 14, 1893.—To the
Honorable Market Committee of the
City of Galveston—Gentlemen: I here-
by make application to your honorable
committee to grant me the privilege of
renting the vegetable and fish market,
which is now unoccupied, say for a term
of five (5) or ten (10) years, at rental of
nine hundred ($900) dollars per year.
Hoping you will give this your earliest
consideration, and oblige
Yours Respectfully,
Frank Mundine.
The following petition from Van B.
and Ellen Davis was referred to the
license and assessment committee:
To the Honorable the Mayor, and
Board of Aidermen of Galveston City—
Your petitioners respectfully represent
1 that the city taxes on lot numbered one
■ (1) in the northeast quarter of outlot
numbered fourteen (14) have not been
. paid since 1885, by reason of the fact
that said lot has bsen in litigation, and
1 which litigation has just been closed;
• and your petitioners are now ready and
[ anxious to pay said taxes due on said
. property for the years aforesaid; and
they respectfully pray your honorable
! body to remit and relinquish unto them
the interest which has accrued and is
claimed on said amounts of taxes.
Your petitioners are poor, and have
found it embarrassing to raise the sum
necessary to pay the assessed taxes; and
the added interest, under the circum-
stances, seems a hardship, which you
are respectfully solicited to forego; and
as in duty bound we shall ever pray,
etc. . Van B. Davis,
Ellen Davis.-
A petition from Mrs. M. Seymour for
remission of interest on taxes was re-
ferred to the license and assessments
committee and the city attorney.
The following petition from W. Stack-
pole wras referred to the police com-
mittee :
To the Honorable City Council, City
of Galveston—Gentlemen : Your peti-
tioner was fined in the recorder’s court
in two cases, which, with costs, amount
to $15.40. He intentionally violated no
law of the city, wherefore he asks your
honorable body to remit said amount.
Very respectfully, W. Stackpole.
The following petition from G. Goso
Pubos was referred to the police com-
mittee :
To the Honorable City Council of the
City of Galveston, Gentlemen—Your pe-
titioner herein respectfully represents
that on or about the 6th day "of Feb-
ruary, 1893, he was arrested and fined
in the recorder’s court of your city, at
the instigation of one Meyer, who, under
a misapprehension of the state of facts
in the case, believed, and so charged
that this petitioner cursed and abused
him, whereupon this petitioner was
arrested and convicted as aforesaid.
And your petitioner would further
show to your honorable body that he
and the aforesaid Meyer had always
been friends, and were occupying the
same room at the time the alleged curs-
ing and abusing was committed; that
the language used on the occasion, as
charged in the warrant of arrest, while
not the choicest English, was not ad-
dressed to, nor in any wise intended as
applying to the aforesaid Meyer, and the
charge as made against this petitioner
was unfounded in truth and in fact.
That your petitioner is not a native
born American and it is difficult for him
to make himself understood in your lan-
guage, and while he endeavored to ex-
plain the situation at the time he was
arrested, to your honorable recorder,
yet owing to his inability to make
himself understood to the aforesaid
recorder, he was fined; which fine
he respectfully represents to your hon-
orable body, he paid ; that he is a peac-
able and law abiding citizen, he can
prove to your entire satisfaction if
necessary, and he presents this petition
praying that his fine and costs as paid
by him to the recorder’s court be re-
funded. G. Goso Pubos,
Petitioner.
The following petition from George
Dick wag read:
To the Honorable City Council of the
City of Galveston—Gentlemen: Your
petioner respectfully represents that he
is a patrolman of the city of Galveston.
That by reason of sickness he has lost
e:ght days pays as such, through no
fault of his own. He can illy sustain
said loss of ($19.34) nineteen 34-100 dol-
lars. Wherefore he asks your honorable
body7 to appropriate that amount to re-
imburse him for said loss of time.
Your petitioner will ever pray, etc.
Geo" Dick.
Bolton—Is the doctor’s certificate at-
tached? (Answer, “yes.”) Then I
move it be pud. Read the pe ition,
please.
Referred to police committee.
Boysen—Is it necessary for the city to
pay for all sicknesses ? I think the chief
of police ought to have the sayso about
that. Every time we meet there are claims
for back pay,for back pay; no services,but
back pay. Now, I think that the chief
of police ought to be one of the persons
to tell whether a man is deserving of the
money or not.
Bolton—The reason I moved to pay
It must appear to every man or
woman with artistic perceptions that
Columbus, while in the act of discover-
ing America, made a holy show of him-
self. __
Common mesquite coffee, sold as
mesquite coffee, will taste just as well as
mesquite beans sold as coffee. “A
rose by any other name would smell as
sweet.”___
Col. Henri Watterson, equerry-in-
chief of the star-eyed goddess, raises a
whoop for Cleveland, Gresham and Car-
lisle, with the greater portion of the ac-
cent on the last name.
that was beeause they have been offered
a dozen times before; we have passed
some of them, and Boysen has voted for
them; it ought to be tak?n out of our
hands; lam glad the thing came up. It
ought to be referred to the chief of po-
lice and police committee.
Reymershoffer—I move that it be re-
ferred to the police commission.
Schmidt—I move that it be referred to
the police committee.
Boysen—I am willing to pay a man
who gets sick from exposure while on
duty and he is in the employ of the city
and he gets sick ; but I am not willing
if he goes to work and gets sick other
wise, which we all know, there is no
reason why the city should pay for all
sickness.
Reymershoffer—I move that it be re-
ferred to the police commission.
Wegner—Chief of police, too.
Harris—I am not disposed to reflect
on the police committee in any such
way as that. I do not think there is any
aiderman who would report favorably a
petition of that kind without consulting
the chief of police; that is what the po-
lice committee is for, to investigate these
things and come back to the council and
report.
Reymershoffer—I believe it is the po-
lice commission that should—
Harris—Either one of them will do it,
but do not insult the police committee of
this council, that they^should do such a
thing as that without investigating the
matter and making a written report.
Whether it is the police commission or
police committee—
Kaiser—It has often been done. Tnese
fines have been referred both to the
chief of police and the police commit-
tee.
Reymershoffer—I believe the police
commission is the proper body.
Bolton—So far as I understand the
police commission, that is supposed to
form a body or court to try policemen,
is it not? But as far as making appro-
priations, should it go properly to the
police commission or police commit-
tee?
The mayor—These fines have often
been referred to the recorder.
Bolton—I am talking of appropria-
tions.
The mayor—It has often been done—
to add the chief of police to the police
committee. I have never heard it ob-
jected to.
Wegner—Question.
Reymershoffer—What body?
The mayor—Police committee. It has
never been referred to the police com-
mission yet.
The following petition from H. F.
Fisher was read:
To the Honorable Mayor and City
Council of the City of Galveston, Texas :
Your petitioner, Henry F. Fisher, a res-
ident of the city of Houston, and a prac-
ticing attorney of the Harris county bar,
respectfully represents that he acted as
counsel for the city of Galveston in a
suit wherein R. Lignoski was plaintiff
against the city of Galveston, defend-
ant, and which suit was brought to a
' final determination in the county court
of Harris county in the fall of last year,
and resulted favorably to the city. That
i petitioner also represented the city as
counsel in the justice court of Harris
county in the same suit. That the de-
cision of the justice court was also in
1 favor of the city. That petitioner has
not been paid anything for his services
in either court. That the sum of twen
. ty-five dollars would be a moderate and
reasonable fee for the services rendered
’ Wherefore petitioner prays your honor-
able body to authorize and direct the
. proper officer of your city to pay out of
the treasury of the city to petitioner the
said sum of $25, or take such other ac-
tion with reference to said fee as may
' be equitable and proper in the premises.
Very respectfully,
Henry F. Fisher,
Attorney, etc., Houston, Texas.
The city attorney—The services were
1 rendered, they were valuable to the
city; it resulted in the defeat of that suit
against the city of Galveston, in Harris
' county. Fisher was employed by me to
1 defend the suit and his services were
well worth what he charged for them.
i Bolton—Would you be kind enough to
state what suit this was?
The city attorney—A suit for some
i oil bought by McCarty and rejected by
, the water commissioners as being unfit
for the purpose for which it was bought,
- and the city was sued in Harris county
[ under some contract made by McCarty.
Goggan—Was McCarty representing
i the city when he bought the oil?
The city attorney—Representing the
city as chief engineer of the water-
, works.
Goggin—I move the bill be paid.
Adopted unanimously.
' The following petition from John
Tolex was read:
) Galveston, Feb. 13.—To the Honora-
I ble Mayor and City Council of the City
! of Galveston—Sirs: Being informed
• that it is the purpose of the city council
• to take action upon the proposition to
i issue bonds for the purpose of raising
i funds to enable the ci y to build a sea
i wall on the gulf side for protection
I against the too manifest inroads of the
• gulf on the property of citizens of Gal-
veston, and having consulted with many
other interested property holders, and,
> with their advice, I beg to respectfully
submit for your consideration a plan
which I find meets the approval of all
the taxpayers with whom I have
converted on the subject, to-wit:
Instead of saddling ourselves with
interest bearing bonds, entailing
much trouble, time and expense for a
number of years, to call an election by
taxpayers to decide whether it would
not be better and more desirable and ad-
visable to assess ourselves, say 10 cents
on the $100, for as long a time as may
be necessary to raise the requisite funds
to prosecute the plan rapidly and sue
cessfully.
Say that the assessed value of prop-
erty in Galveston'is $20,000,000, an as-
sessment of 10 cents on the $100 would
amount to $200,000.
Believing, with many others, this
matter to be worthy of your earnest
consideration, I subscribe myself, very
respectfully yours, John Tolex.
Harris—I move it be received.
Adopted unanimously.
The following petition from W. A.
Doyle & Co. was referred to the city at-
torney :
Galveston, Feb. 6.—To the Honor-
able Mayor and Board of Aidermen—
Gentlemen^ Your petitioners beg leave
to state that they have completed the
The Use and Abuse of ths City Pound-
Want to Get Kid of the Old Lamp 1
Posts—The Mayor Leaves an Opening
for a Salary Grabber. I
At the regular meeting of the city
council held yesterday afternoon, Mayor ‘
Fulton presiding, the following members
responded to their names: Bolton, .
Boysen, Fowler, Gallagher, Goggan,
Harris, Levine, Mason, Jaques, Reymer-
shoffer, Schmidt, Wegner.
Absent, Kaiser, Walsh, Levy.
On motion Levy and Walsh were ex- 1
cused.
Minutes of meetings of February7 6 and 1
13 were read and appioved.
PETITIONS AND COMMUNICATIONS.
The following petitions from citizens
for two lights in the Sixth ward was re-
ferred to the light committee.
Galveston, Feb. 10, 1893.—To the
Honorable the Mayor and Board of Ai-
dermen of the City of Galveston—Gen-
tlemen: The undersigned petitioners
being resident citizens and taxpayers of
the Sixth ward, wTould most respectfully
represent to your honorable body that
an urgent necessity exists at present in
the central portion of our manufacturing
and densely populated section of said
ward forjnore light .at night.
Your petitioners would respectfully
represent further, that the present Sys-
tem of illumination so far as it extends
to the intersection of Thirty-seventh and
Winnie streets, is totally inadequate to
prevent accidents that will inevitably
arise from street railroad traffic as con-
ducted at present.
We would therefore respectfully ask
that a night lamp be placed at the inter-
section of Thirty-seventh and Winnie
streets, in order to accommodate the
public at large, prevent the possibility
of accident and avoid litigation.
James Henderson, E. H. Compton, R.
Hoeker, Matt Rutland, A. A. Kennedy,
L. Maart, Wm. H. Dawley, John Dwyer,
A. R Spalding, A. Fachan, A. Valle, J.
F. Stinespring, J. Learmouth, William
Michiganders have 'Lucas, C. Kankel, Aug, Hakanson, Jas.
Johnson, Pat Smith, C. H. Bently, Geo.
Ca'l, D. Collins, W. J. Reesby, A. Barta,
G. Barta.
Galveston, Tex., Feb. 14,1893.—To
the Mayor and the Honorable Board of
Aidermen of the City of Galveston—
Gentlemen: We the undersigned citi-
zens of .the Sixth ward, do hereby re-
quest and beg that the honorable board
of aidermen grant us this request: To
erect an electric light in the bixth ward,
ac the corner of Forty-third and avenue
I, as we are in great need of same; the
nearest light is at Forty-first and Broad-
way :
William Rossy, Ed Ratisseau, Chris
Barber, W. G. Ervin, John N. Siren, A.
R. Carter, H. Houtb, H. W. Ludeke,
C. Blume, G. Goedecke, Tipton Martin,
C. E. Buck, Poburbo Byring, D< C.
Logue, O. Meyers, B. H. Koehler, G.
Horrsickel, Julius Klein, Charles Har-
nickel, Jr., Eddie J- Walsh, T. Howelley,
W. A. Buechner. W. Dinklaker, C. W.
Lufert, P. W. Sorrell, Steve Visor, J.
Gaffeney, S. D. O. Brookings, Willie
Srampbev, Peter Muller, M. T. Clem-
en s, L. Marvit, F. Rodefeld, P Raphael,
E. Grims, Charles Potthoff, James Var-
nell, R. P. Sherwood, L. Powell.
The following petition from citizens
for abatement of nuisances was re-
ferred to the chief of police:
Galveston, Feb. 18 —To the Honor-
able Mayor and Board of Aidermen of
the City of Galveston—Gentlemen : We,
the undersigned citizens of Galveston
and residents of the Third ward, respect-
gloves petition your honorable body to
8 nave abated at once the unwarranted and
anomalous nuisance of staking out stal-
lions in our immediate neighborhood,
to the disgust of pur families and the
amrzement of children passing to and
coming from schools and other places in
the vicinity.
It is needless to enter into particulars
upon this subject; suffice it to say that
our police have been called upon several
times to abate this outrage, but without
any permanent re ief; and now we call
upon you to take decisive action on this
subject in behalf of outraged decency
and the rights of the citizens of our
community.
Such anima'S are practically at large,
and we believe the city is liable for dam-
ages by permitting such offenses to ex-
ist after being repeatedly warned of
their occurrence. We have been told
that it is customaary when loose ani-
mals have been impounded by our po-
lice for the same to be released at once
upon the request of any aiderman ap-
pealed to for such purpose, to the detri-
ment of order and in violation of our
city ordinances upon that subject, so
that practically our police are powerless
tr help us in an emergency like this.
We therefore trust that your honorable
body will take such action now as will
forever prevent the running at large, or
even the staking out,, of such animals
as are herein complained of. Respect-
fully your obedient servants.
Signed by C. H. Wilkinson, Geo. H.
Lee, J. W. Riddell, W. M. Mercer, Wm.
N.- Scott, Geoige W. Seibert, C. C.
Beavens, E. D. Hamner, G. Merrow,
Robert I. Cohen, Charles Vidor, Jacob
G. Miller.
Reymershoffer—I would say that it
seems the policemen do not attend to
such cases like that. It is not only away
off from the center of the city, but it is
nearly in any poition of the city that
you can find animals staked out or run-
ning at ]a> ge at nearly any7 time of day,
and I would advise that the chief of po-
lice be instructed to give such instruc-
tions to his men, to impound any ani-
mals they may find running at large."
Goggan—I will amend it, your honor,
with this, that no aiderman shall ask
for the release of these animals without
paying the fine.
Reymershoffer—I accept the amend-
ment, that no aiderman give an order
on the pound-keeper to release tho.e ani-
mals unless they pay the fine.
Wegner—I do not see why you should
shut out the aidermen ; they might want
to go security.
Boysen—It is just throwing the duty
on the chief of police, but the aldermen
are responsible. That is the reason a
great many people allow their animals
to run at large, because they can go to
an aiderman and get a requisition on the
pound-keeper and get their animals out
without paying the fine. They shirk
their duty, but no ordinance need be
passed if the council will tacitly agree to
give nobody an order for any animal
there. That thing can be settled easily
enough.
The mayor—Then the meaning of
Aiderman Goggan’s motion is that, no
aiderman’s or mayor’s request that they
should be released should be recognized.,
Goggan—The better way to fix that
would be to notify the pound-keeper
that he should pay no attention to any
order from aidermen.
The mayor—Do you accept the amend-
ment?
Reymershoffer—I accept the amend-
ment.
The vote was as follows: Yeas—Boy-
sen, Gopgan, Mason, Beymershoffer.
Nays—Bolton, Fowler, Gallagher, Har-
ris, Levine, Jaques, Schmidt, Schriebsr,
Wegner. Lost
Wegner—That is covered by an ordi-
nance, so far as that is concerned.
Reymershoffer—I move to strike the
ordinance from the statutes of the city.
Boysen—I second the motion. It is
simply an evasion of the whole question.
Wegner—You would have to produce
that in writing.
Harris—Ordinances are not stricken
from the rolls so easily as that.
Boysen—I will substitute a motion to
amend that the chairman of the ordi-
nance committee is instructed to draw
up an ordinance, to eliminate the other,
and prepare an ordinance that will cover
this matter, so we will not shirk this
duty and throw it on the chief of
police.
Aiderman Kaiser entered and answer-
ed to his name.
The Mayor—Aiderman Kaiser, the
motion now is to instruct the chairman
of the ordinance committee to bring in
an ordinance. Will you explain (to
Boysen)?
Boysen—To cover this matter, to pre-
pare an ordinance that will settle this
matter satisfactorily, that will eliminate
the other and rectify this evil that any
aiderman can go to work and give a per-
mit to the pound-keeper to have his
animal taken out unless the proper fines
are paid.
Wegner—There is no ordinance for
aidermen to give a permit, there is no
such thing on the book; if they do re-
lease a horse, I do not see what objec-
tion there is to it.
Boysen—There is something for the
ordinance committee to look into and
prepare an ordinance that will cover it;
but at the same time it is daily done;
the remission of fines and taking ani-
mals out of the pound without paying
any fines on them after the city has fed
them for two or three days.
Reymershoffer—I make another sub-
stitute to the motion of the aiderman,
that the committee on ordinances be in-
structed to prepare such ordinance as will
cover the case fully, and not permit any
aiderman to give any order upon the
pound-keeper to release any animal with-
out the payment of the proper fines.
Jaques—Your honorab'e mayor: I
cannot see why we should stipulate or
try to carry an ordinance in regard to
aidermen. No one connected witn the
city government has any right to release
animals after they have been impound-
ed ; but if an aiderman feels inclined to
pay the fine, I do not see why he is not
entitled to the same consideration as
anyone else.
Reymershoffer—I take the same view,
Mr. President; but in order that the
matter be a little further explained as to
whether other than aidermen give or-
ders to release any animals that Lave
been impounded, I would like to have
the chief of police explain the matter to
us.
Schmidt—Why not include all the of-
ficers ?
Reymershoffer—I ask for the privilege
of an explanation by the chief of police;
he is here.
The chief of police—Gentlemen, it is
just this: About eighteen months ago
the matter was taken out of my hands
and placed in the hands of Mrs, Massey.
I refused to receive fees but sent them to
her. Well, then, releases came in and
she accepted them, and has continued so
ever since, from some of the gentlemen
of the board.
Boysen—I would ask, Mr. Chief, if
anybody outside of the aidermen gave
any releases for any animals impounded ?
Jordan—Yes, I gave some.
Boysen—Then we had better include
all the officers.
Jordan—That is, whenever they can
give some excuse, such as a horse break-
ing down a fence, etc.; but there are
some taken out of the pound and they
are not released two hours before they
are brought in again and released again.
Boysen—That is the reason I want the
ordinance prepared for such cases. If
it is the first time there is some excuse,
but if it is the gecond or third time that
ordinance can be prepared in such a
manner that it will cover it; and it is
well for the ordinance committee to look
into the matter and prepare such an or-
dinance.
The mayor—I wish, now that thia has
got so mixed up, that some aiderman—
Schmidt—I move to postpone action
on it.
The vote was as follows: Yeas, Bol-
ton, Gallagher, Harris, Kaiser, Levine,
Jaques, Schmidt, Wegner, Schreiber.
Nays, Boysen, Fowler, Goggan, Ma-
. son, Reymershoffer.
The motion was carried.
The following petition of Jacob Son-
■ nentheil was referred to the license and
. assessment committee:
To the Honorable Mayor and Board of
| Aidermen of the Cify of Galveston—
. Your petitioner Jacob Sonnentheil re-
spectfully shows that heretofore, to-wit,
on December 15, 1892, the firm of Frei-
berg, Klein & Co., paid to the city
t collector of the city of Galveston the
sum of one hundred and fifty dollars
($150) to cover the cost of a wholesale
1 liquor dealer’s license from October 1,
» 1892 to October 1, 1893.
> That thereafter, to-wit, on December
■ 16, 1892, the said firm of Freiberg, Klein
. & Co. being insolvent conveyed to
petitioner among other things all their
! claims and choses in action of every
> kind whatsoever, including said un-
[ expired license.
Your petitioner says that by reason of
certain attachments the business of
, Freiberg, Klein & Co., which was con-
veyed to petitioner, was broken up and
• discontinued. That these attachments
There is
authority* as to
the s atute of
to run against
such claims, but a close, lengthy and
laborious examination into the cases sat-
isfies me that, under the circumstances
of this case, the courtswill hold that the
time cannot be placed later than the
date when the money for the payment
of these coupons was received into the
treasury, which w7as more than ten
years before the suit was brought, and
four years under our law bars suit upon
such a cause of action.
For obvious reasons I think it better
not to set forth in this report the rea-
sons and authorities upon which the
above opinion is based, but they can be
furnished for use on the trial of the
suit, and are, of course, at the service of
your honorable body at any time. Re-
spectfully, A. H. Willie.
The mayor—I think it should be re-
ceived and adopted.
Reymershoffer—I move that the re-
port be received and adopted.
Harris—There was part of
should he not have reported in
tion with it what he was going to charge
for defending it? It was part of the
resolution that he should be askt.d to
assist the city attorney in defending that
suit.
The mayor—There is nothing in that
report that mentions it.' I think this
might be received.
Harris—I think we might defer action
until we hear what he is going to
charge.
Goggan—I second the motion that it
be received and adopted.
The city attorney—What is the ques-
tion? About its adoption, that is a mat-
ter for the council to decide so far as
that is concerned; but I shall ask that
Judge Willie be employed to aid me.
It might be well to defer action until we
could communicate with Judge Willie as
to what terms he would be willing to
take it.
Goggan—I move the report be received
and adopted.
Schmidt—The way I understand that
resolution adopted by this council, it
was to get the opinion of Judge Willie
whether the city had a case or not.
The mayor—He says we have.
Schmidt—I do not understand it that
way.
The mayor—He reports we have a
case.
Schmidt—I would like to have that
read again.
Goggan—It states there that the cou-
pons were barred by limitation; that
® gives no case at all to the other parlies.
The mayor—But it gives us the case.
Goggan—There is no case against the
city.
The report of Judge Willie was read
again, as above.
Schmidt—He says he don’t know but
there is a conflict of authority there.
Goggan—Now,. Mr. President, if I
understand Judge Willie’s report, the
party has no case against the city. Then,
why should we employ additional at-
torneys?
The mayor—I think it is better to re-
ceive it and then consider the matter
afterwards.
Goggan—The report has been
ceived.
The mayor—The motion is now pend-
ing to receive it.
Wegner—Do we still want to refer to
Judge Willie? I move that the whole
thing be referred to the city attorney to
get Judge Willie’s opinion.
Goggan~We have Judge Willie’s
A SOCIETY Of
caught the devil and locked him up in
a barn; but what does the devil care for
a little thing like that? He can fill his
hair with hayseed and join the populist
party. __________________
The three greatest enemies of a r.e-
|nublic are the man who is so low in the
Male of citizenship as to offer a bribe or
►boodle, the man who is so lost to honor
as to accept a bribe or take boodle, and
the traitor. ________________
A south Georgia schoolina’am has in-
troduced a new feature in her school.
When one of ttie girls misses a word the
boy who spellsit gets permission to kiss
her. As a result the girls are becoming
very poor spellers, while the boys are
improving._____
Prophetic people who were engaged
in the pastime of making cabinets for
Cleveland for the past three months and
a half have come to the conclusion that
the appointment as secretary of the in-
terior of Col. Joke Smith of Gawjy was
a very serious matter after all.
the statute of limitation. Then, why go
and ask Judge Willie’s opinion again
■when we have it already ?
Harris—We do not propose to ask
Judge Willie’s opinion, but wrhat price
he will defend it for.
The mayor—Judge Willie’s opinion
may not prevent the case from being
brought against the city, and we want to
know what we have to pay Judge Willie
in case such suit is brought.
Goggan—I dislike to speak so much,
but Judge Willie says very plainly that
the parties have no case against the
city. He has examined it very carefully,
looked over the, authorities and he says
very plainly that the statute of limita-
tion runs against it, and Judge Willie
would not send that opiniori into this
city council unless it could be substanti-
ated in the courts afterward.
The mayor—But that will not pre-
vent them bringing suit against the city.
Goggan—I don’t believe they will
ever bring suit.
The mayor—We can refer this in—
Schmidt—I think—
Wegner—The motion is to refer it to
the city attorney to get Judge Willie’s
opinion.
Boysen—I would like to know what is
going to be referred to Judge Willie?
He refers his report to us.
The mayor—To refer this to the city
attorney and Judge Willie again, they
to make a report to this council what it,/
will cost to defend it in case the suiFis
brought; we can accept it or not as we
see proper.
Boysen—If he asks something for that
report, that is all right and proper to
pay him; there is nothing left to refer
to the city attorney and Judge Willie, in
my opinion, until the suit is actually
brought and the city attorney wants an
assistant and asks it of the council, then
is the time to employ Judge Willie; we
will be ready then to give him that as-
sistance.
Wegner—That is exactly defined now
by the resolution passed by this council.
Therefore, I think it is proper to refer it
back and find out the cost of his assist-
ance, because it has been asked by the
city attorney.
The mayor—We do not have to give
him what he asks; we can still post-
pone it.
Boysen—We will have to give him
what he asks for this; but ^iiil the
city attorney is ready 'ahd^uit is J
brought, there is no necessity to employ
anybody.
The mayor—I do not say the city at-
torney is to hire him at all; but he can
make a report to this council what it
will cost to defend. Well, gentlemen, I
would like to know the question?
Wegner—That the report be referred
back to the city attorney and Judge
Willie to report back to the city council.
Thirteen yeas, Goggan voting no.
Boysen—Before that is put let me ask
the city attorney whether it is necessary
to refer this to you and Judge Willie?
The city attorney—The suit has al-
ready been brought so far as that is con-
cerned. I will call your attention to onfe
case that is familiar to his honor, at any
rate; Ballinger and Flournoy gave in-
formation that the Hitchcock case could
be successfully defended, for which
these gentlemen received $20,000. Mann,
the city attorney, gave information that
the case could not be successfully de-
fended, and in consequence, the city
had to pay these gentlemen $20,000, and
had to pay $148,000 to Hitchcock besides.
Boysen—You think now it is neces-
sary for you to have the assistance of
Judge Willie?
The city attorney —I want Judge
Willie for this reason : This suit is pend-
ing, and if this settlement is rejected I
want his assistance in the case.
Goggan—In reference to the Hitch-
cock compromise case, that was never
settled in the courts; it was compro-
mised ; and if the council had waited a
little longer we would not have had to
pay what we did. They did not allow
it to come before the court; they paid.
Hitchcock every dollar asked, and they,
had no right to do it.
The city attorney—The supreme court
of the United States held that the Hitch-
cock case was a good case, and they were
entitled to every dollar.
Goggan—Do you mean to say that thia
case was not still pending when this was
settled at Hitchcock?
The city attorney—Yes; but there
was nothing to do but settle it.
The mayor—Call the roll.
Reymershoffer—As I understand, this
question is to refer to the city attorney
to find out from Judge Willie how much
he will ask in case he should be called
upon to assist the city attorney in de-
fending the case.
The mayor—Yes; then it will come
back before the council again for action.
Carried unanimously.
The following petition from D. Harris
for remission of fines and costs in the
recorder’s court, was referred to the
police committee:
To the Honorable Mayor and City
Council of the City of Galveston, Texas,
Genilemen—Your petitioner would re-
spectfully represent that on the 15th
day of February, A. D., 1893, he was
fined by the recorder of said city five
dollars and costs, $2.70, total $7.70, upon
a charge of insuliing and abusing one
Werren Hinton, and said amount has
been paid to the chief of police. The
facts in the case were these: The negro,
Hinton, came into my store and after
some time bought a double-barrel shot
gun, which was broken and in a bad
condition. After a while he returned
with the gun and charged me with rep;
resenting the aforesaid gun to be in per-
fect condition, which I denied. He then
brought Officer Bee, and in a loud and
boisterous voice (so that passers by on
the street could hear it) charged me with
attempting to swindle him by misrepre-
senting the gun, whereupon I toid him
he lied. He, Hinton, also stated to his
honor, the recorder, that he paid me
seventy-live cents for the gun. The
amount he claims to have paid me is
sufficient to satisfy any reasonable per-
son that the gun was not guaranteed to
him as in perfect order, hence he lied,
and I was compelled by force of circum-
{Continued on 4th Page.
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Burson, J. W. Evening Tribune. (Galveston, Tex.), Vol. 13, No. 78, Ed. 1 Tuesday, February 21, 1893, newspaper, February 21, 1893; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1268203/m1/2/?q=j+w+gardner: accessed June 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rosenberg Library.