El Paso Daily Herald. (El Paso, Tex.), Vol. 17, No. 286, Ed. 1 Thursday, December 2, 1897 Page: 3 of 4
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FEMALE DISEASES
We treat
hv e r. F. c-
TRIHITY mUlnir the old wnv of lnIrumen-
tal examinations absc.t tki.v n n n i-oossii i
MCKVOIH PROSTA'ilOV lEUCORKiioKA
IKKEULLARITIKS and Excess of Menses or
ffir-ftMrT-IiSS blood POISON ?PSS&S8S;
CANCtn menials and Treatment of WRITE -il VrlSn pTv Caes success
OAMPKKS. Lupus and Non-Malignant Grow- VV n 1 L. . away from city. aes success-
ths. NO Cutting or Operations necessary for fully treaed through our perfect system of
CUBE. Wo solicit investigation Mall Treatment.
KOTIOB' On account of vast increase in bu-.ines. Dr. King the specialist has
organized this company of expert specialists. Dr. King will have personal charge assisted
by other emmlnent specialists.
iSBiSliiHOLIDAYS
We offer at prices never before heard of
in El Paso our large stock of "w-
66-
'IBike" Supplies
-ana "Uilve" Suiidiies.
Every wheel in the store included in this offer.
MUST have room for our 1898 Wheels.
McCutcheoiu Payne & Co
SHELDON BLOCK.
Washington Dining Hall.
209 a PASO STREET EL PASO TfcXAS.
"RTT.ST REST AIT RANT TN OTTY.
Jlrsr .a. a-wm-
ALL THE DELICACIES OF THE SEASON.
R'ECGrXJIj.A.K. " DINl-SS TO S F
OPEN DAY AND NtCiH ;-.
-jf XZ1XTO Sa OO.PR-OP3 WOO MOO SIWO
HOUCK & DEITER
IMPORTERS and JOBBERS
EINE WINES AND WHISKIES
AGENTS for
220 El Paso St.
Fine Merchant Tailoring
And Gents' Furnishing Goods.
104 JtZ. PASO BTRSHT
SESE3X-.rXOJT
Gives the Highest Price
FOR HOUSEHOLD GOODS AND
SELLS AT THE LOWEST.
Try Him - - - 116 Oregon Street
J. R. McGIBBON
309 El Paso Street Opera House Block.
JSew and. Second-hand. Furniture
STOVES ST. CLAIR STEEL RANGES CROCKERY LAMPS.
GLASSWARE ETC.
Refrigerators Cheap in Order to Close Out.
EMERSON &BERKIEN
Undertakers
324 and 326 El Paso St. 'Phone 71.
Link Restaurant
S15 El Paso Street..
A First-Class Short Order House.
Open Dny and IN"igbt.
WHEN OTHERS FAIL
CONSULT THE
EXPERT SPECIALISTS
OF
DONG'S 1W (ME CO
Special Doctors for Special I leases.
FREUDENTHAL BLOCK.
( Lf p DIH1 T) CUr. CI i UftU c&iiu cau x- x aiii.i j
Cons ulbtion Free. EI Paso Tex
niTin r) !! We have placed In our of-
bnlnnilll Acm the L TEST and most
BdliFKN APPLIANCES for the TREAT-
MENT of CATAURH LUNG and BRONCHIAL
Diseases. Ky our lulu. hit lou process the med-it-lnu
comes in CTUti. contact with the di-
seased parts and when our I reatment Is car-
ried out we oo- r4tee a CURE in each case
aceoted for treatment
M W r 1 1 R V -.rXl Ab l?I-?SK7.?f.?;2i
V" - nervous i-ei.iiiiy ip..nu-
rvln Y' nnjr Ven mitr- rinR rrn-.i yon-niui
J0111?' jyiV?.? r n if"
Mhjvs J'JJ.V .V ?rB
ata uiii.Am ifiwHHPs
by Electricity. SnaN
We
w- - .
WILLIAM J. LEMP BREWING CO. 8t. Louis Moj
PAB9T BREWING CO.. Milwaukee Wis.
EI Paso Texas.
KL. PASO TBXA.8
THE REMINGTON
Standard Typewriter
MERCHANT &. MANNING
State Agents Pallas Texas
M. I McKELLIGON LOCAL AGENT.
Room 12 Sheldon Block El Faeo TexasGOVERNOR AHUMADA ARRIVES TODAY.
THE TAX CASE.
EXTRACTS FROM THE BRIEFS
FILED IX THE CASE
Shawing the Issues Raised in Regard
to the City's Right to Assume
Control of the Public Schools.
The report of the decision of the
court or appeals in regard to the in
validity of the school and sewer tax as
appeared yesterday exclusively in the
herald Das ocoa-ionea much com
ment in our community and people are
wonderinjj where we are at. The
Herald quotes at length from the
material points of the briefs filed in the
tax esses to show the issues before the
court and to explain the rulings made
therein.
FACTS IX THIS CASE.
On March 18 1882 the city council of
H.1 fiso at request of a petition sign
ed by twenty proper:y tax payers of
said city aek.ii? thi council to ore'er
an eject on to provide lor tne assump
tion oy tne city or ihi control or the
puoiic scnoois m l's nm ts DRgtea cr-
dinance orde ring- an election for an
purpose to be held on April 4 1882. An
election wa duly held at which only
the property tax pavers vot- d d tf-
tr pro. er notice of eleot'on hd boeo.
given. On Apil 8th the council can-
vassed the returns and de-
clared that the election
had resulted in favor of the city as-
suming coitrol of itssi-hoo's by more
than lwothirds of the property tax
payers voting at such election.' In ose
ward no vote was cast and only thirty
fourvotes were c't in all.
On Afaroh 29 1883 tha city council at
a sp c:al sesvon orwevt-ii an election to
be held on March 31 183 to determine
whether or to' there should be foti-
h1 on the ta xable property in the city
limits such a tax not to exred one
half of one per cen- in addition to the
pro rata of the additional school fund
received f om the stat as may ba ne-
ceessry to conduct the pjb'ic schools
for tf n months in the ye&r.
An election was duly held afler the
mayor had given proper DOtice ard
at which none but property tax payers
voted. On April 4 1883 the city coun-
cil canvassed the returns. The first
ward east for twenty-eight votes
against four votes. Second ward for
sixty-four votes sg-aicst four votes.
Third ward for fifty-two votes and none
against. Total for 144 votes; against
8 votes. Thereupon the city council
declared that the proposition to levy
one half of one percent for maintain-
ing schools ten months in the year had
been carried by ttie requisite majority
to make the tax lesra . On March 4
1897 the city council amended the m'n-
nutea of April 4. 1882 to shown the
facts of said e'eciion.
On April 23 1886 the city c luncil
ordered an election to bs held on May
11 1886 to determine whether the city
should iscue $20000 in bonds. An
election was held thereunder after due
proclamation and at which only pro-
perty tax payers vote3 and the pro-
position was carried by mrre than two
thirds majority. On March 25 1887
the city council determined by or-
dinance that the bonds-should be used
for construction sew erf nd should bear
peri cent interest aid sbou d run tor
7 twenty years with the privilege of
cance'ling them after ten jeirs and
provided for a sinkirg fund to pay in-
terest and to redeem the bond.
On January 18 1890 the city council
directed tho issuance of $20000 in pub-
lic s hool bonds which had been au-
thor iz d ny an election of the voter
previously ha-. These bonds bore 6
per rent interest and matured thjriy
years aft -r date. An ordinance prc-
v ded for the creation of a sinking
fund to pay at leat 2 per cent of the
boods annually and interest. Both the
sewer bonds and the school bonds have
been issued and sold.
On January 25 1890 the city council
ordered an election to determine
whether or not bonds to the amount
of $20000 should be issued end soH for
the purpose of funding th3 floating in-
debtedness. The elf ctioD resulted in
favor of the issuance of the bonds and
it was held after due notice and wa
participated in by the property tax
tayers. These bonds have also bt-en
irtsued and sold. At the same time
$25000 of artesian watr bonds were
issued but thee were never sold ex-
cept that the city of El Pa-so has used
&9000 of them as an investment for the
sinkin? fund of the water works bo-ds
and $5000 for an investment for the
s nking furd of the sewer bonds.
ERROR IN SCHOOL ELECTION.
Wi'hout having the text of
the court it is understood
that the de is'on of the court relating-
t the general schools was bised upon
the appellants first proposl'ion viz :
' The act c f.the legislature approved
April 3. 1879 'entitled an act to further
regulate and render mire efficient the
maintenance of the public free schonls
and institutions of learning in the cit-
ies and towns in this ttate' by necessa-
ry implication rrpeahd articles 3781
3782 of the revised statutes (1879) of
Texas and the purported election held
in the city of El Paso on April 4 1882
to determined whether or not the ci'y
should control the public schools with-
in the city limits aid by virtue of
which the city asserts the right to con-
trol such schools having been ordered
and held in accordance with tbo said
repealed article the ald election was
und is now Utterly vyid."
i
THE STATUTES GOVERNING
The following is the article in full
under which tho City ofEl Paso held
its election to assume control of the
free echo ds:
"Article 3781. Cities and towns mav
control fri e schools. All cities and
towns which have heretofore under the
act of May 2 1(575 or any subsequent
law assumed control of the public free
schools within their limits atd have
continued to exercise the same until
the present timeor may hereafter con-
tinue to do so by a majority vote of the
property tax ravers of said city or
town voting at an election beld for
that purpose may have exclusive con-
trol of the public frea schools within
tbe'r limits." .
The act of April 3 187 which the
court of appeals helds has repeals d ar-
ticle 3781 provides that the mayor of
the ri'y upon vpplication of not less
than fifty quul fied electors may order
a ' election within twenty days of such
application to decide by a maj-.rity
vote whether the city shall acquire ex-
clusive control of any or all of the pub-
lic free schools w:thin its limits and
whether the same shall be under the
control of a board of trustees or the
city council; tht if it be decided at
such election that the city assume such
control and that it be under the man-
agement of a board of trustees- then
the mayor within ten days shall ordT
an election of six trustees to take
charge of such pub'ic school; and it
further provides how -the election
shall be held aod the powers that sur-
round t he board of "trustees.
ARGUMENT W TAX PAYERS.
By the express "terms of Sec. 20
Final Title of the Revised Staue?
1879 (See the RvLHon of 1879 pa?e
719) the act of Ap-. 3-d wfs the law
of the Ptue anything in this act i e.
Arts. 3781 and 3782 to the ennt-ary
notwithstanding." It is manifestly
impossible to suppose that at the date
of the election held in El Paso on
April 4th 1832 both tho act of April
3rd 1879 acd the articles mentio ed
were in force. The act of April-rd
covers the whole ground and provides
a complete ana perfect system by which
cities and towns cn obtain cont olof
their pub'.ic schools. B'ifty qualified
voters must petition the mayor and he
thereupon must call an election of all
the qualified voters. And m'itt or mav
submit numerous questions for their
decision such a9: Shall the city as-
sume control of all the public schools
thereio? Shall the city a-sume control
of a part (mentioning them) of the
public schools? Shall the city council
control the public schools? Stalla
board of trustees control the
public schools? The law as pre-
viously ex : sting and incorporat-
ed in Arts. 3781 and 3782 is radically
different. Twenty property tax-payers
ptiirn"d the city cunil and that
budy ordered aa election of the pro-
perty tax-payerc who were also quali-
fied voters of the city and the only
que tion that could be submitted was:
Shall the city assume control of the
public free schools within its limits?
The inconsistencies between the two
statutes are manifest. The petitioners
for the election are different in num-
ber and in class " The authorities or
dering th9 elections are different. The
questions to be determined at the elec
tion are different and above all the
Qualifications of the voters are funda
mentally different. In one case only
voters who were also property tax
payers could vote. In the other all
voters of the cuy wnether tax-payers
o- no had the rig tit vnte.
If the voters of El Paso dee to con
trol the public schools in their midst
and to be taxed for their support it
will be easy to acquire the power at
any time by complying with the law
and by then calling an election of tax
payers to authorize tne tax. If they
have no such desire they should not be
compelled to do that which is contrary
like to the law aod to their wishes.
The decision of the lower court is not
supported by the law and the court of
civil appeals is respectfully urged to
reverse that decision and to uphold the
law. No harm can bo done by uphold-
ing the law and a decision of one of
our appellate courts sustaining the
judgment of the trial judge would but
furnish a pernicious precedent fruitful
only of evil. No good could result from
such a decision other than to wring
from a reluctant property owner a small
sum that was levied by virtue of a
doubtful power illegally obtained.
Argument for city.
Mr. Patterson's argument was as fol-
lows: We insist as we have hereto-
fore insisted in our brief filed that
there is no material po'nt raised by the
appellant in this case in any assign-
ment of erro- except the 33rd and 34th
that should be considered by the court
in this collateral proceeding-. This 's a
proceeding upon the part of the city of
El Paso simply to collect delinquent
taxes.
The point made by the appellant in
his first assignment of error is based
upon the idei that article 3781 of the
revise! statu e- of 1879 was by the act
of April 3. 1879 repealed and he insists
that this apo al arises by virtue of i-n-p)ictlon.
Artic'es 3782 A of Sayles
statutes is the same as section 2 of tha
act of April 3 1879 chap'er 67 of the
acts of the regular session of the 16r h
legislature. It contains provisions
which had not be?n made by law prior
to its enactment ana sutnorizes a c;ty
or town to vote upon the several
propo-itions mentioned in it qualified
eloc'ors being anihoriaed to vote and
it provio.es for the organization of or
election of an auxiliary beard of
rusttsa who in case of their g'sotlop.
as is shown by this statute aod other
statutes in chapter 16 title 86 of the
revised statute- of 1895 are to dis-
cbarge all ti.e duties to be di-charg-ed
in connection with the public free
schools in such a district exclusive of
any control or power on the part of the
ciy council. By this act of April 3
1879. where a c ty organizes with the
auxiliary board of trustees and has
taken charge of any or all of the pub-
lic schools ibe city council is left with
no powerothe than that of simply
levying the tax annually that may
have been by vota of the people
provided for.
It will be noted that in this act of
April 3 1879 no provision is made
whatever for the levying- aod collec-
tion of a tax to support the public
schools in a city or town organized
with an auxiliary board of trustees
and aft-r its passag-e in 1879 the only
liw-remaining in force providing for tl e
levying and collecting of a tax or the
ascertainment of a tax were art cles
3785 aod 378 Savles statutes And
article 3786 refers particularly by num
ber to article 381 under which El
Paso was organ zed as ao independent
school district.
The fact that there are and have
been always two different and distinct
kinds of independent school districts
recognized by law is apparent upon the
face of coapter 4 tule S tsayles sta-
ues and udoh the face of chapter 16
titles 86 of the revised statutes of 1895.
Articles 3783 A of Say 18 statut -s
which was first enacted in 1883 is baed
upon the idea thit there were at th-it
time two separate distinct kinds of
independent school districts. Article
3783 A authorizes as will be notic- d.
the cty council to appoint six persons
as a board of trustee-1 and makes the
mayor ex-officio chairman of a board
The act of April 3 1879 contains pro
visions entirely iccons stent with this
idea. Under the act of April 3 1879. a
board of trustees must be elected a:. a
full provision in mide for the holding
of an eieet:on for the select'on of a
board of trustees.
Articles 4006 to 4012 and 4013 to
4017 and 4017 to 4033. of 'he revised
statutes of 1895 show that the leg s'a-
ture still has in mind and has always
kept in mind the radical distinction
between an independent school district
organized uuder article 4004 of the
rev'sed statutes of 189o which is iden
tical with article 3781 of the reviser)
statutes of 1879 and an icdepeadeit
school district organized under th
provisions of article 40(Jb as it now
exists in the revised statutes of 189.).
As the c ty of r:l Paso ever since
March 1882. has been recognized as and
has conducted its affairs as an inde
pendent school district we urge furth
ermTe that in this collateral proceed
ing which is simply to enforce the
payment of a school tax the question
of the legality of its organization as an
ndependent 6chool district cannot be
raised. We have no doubt whatever
of the correctness of the proposition
we have taken about this matter in our
brief as well as the foregoing part of
this argument.
THE SEWER BONDS.
The action of the court of appeals.
holding that the sewer bonds are in
valid because excessive 2 per cent be
rg the limit permitted by the charter
s doub'less tosustaining the'tsx payers
9th assignment of error which pro-
vides the provision for 'the sinking-
fund of the El Paso sewer bonds made
prior to their issuance was and is il
legal and void the said sinking fund
being a tax of sufficiect amount annual-
y to pay the interest on said bonds and
to provide 5 per cent of the
amount of said bonds as a sink-
ing fund to redeem the same at
turity and the charter under which
saidTrQds were issiied only authorizing
a sinking'fand sufficient to pay interest
and to raise 2 per centpT annum of
the face of said bonds as a-einking fund
to redeem the same. '
Sew Directory f r El Paso.
John F. Worley & Co.. successors to
Fvans& Worley publishers of the El
Pa-o Ci'y Directory of 1896-97 are
now arranging for a new city directory
for 1898-99.
Every subscriber to. and advertiser
in the present directory will ad-
mit that it was as correct in every de-
tail as it is pcssible to compile such a
work.
They can now depend on the thor-
oughness of the forthcoming directory
as the canvass will be made by the
same gentleman that collected the
names in '9(i.
A new prefautory will be made and
the progress of the city and increase in
population noted.
Juarez and its business people will
not be overlooked. The changes in
city and state government will ba cor
rected and all omcers of every county
In the state of Texas given.
That El Paso may continue to be sup
plied with a reliable directory it is de-
sired of the business public that they
use tne advertising; pages of the new
directory freely and subscribe to the
work as only by their support and co
operation can a thorough directory be
maintained. Messrs. woriey & CJo.
promise that if patronized to an extent
commensurate with the expense neces-
sary to produce a thorough directory
they will furnish El Paso with a
work second to none in any city.
The Greatest Discovery Yet.
W. M. R'pine editor Tiski wa 111.
"Chief" says: "We won't keep house
without Dr. King's New Discovery for
consumption coughs and colds. Ex
perimented with many others but
never got the true remedy until we
used Dr. King's New Discovery. No
other remedy can take its place in our
nome as in it we nave a certain acd
sure cure for coughs colds -whoop!ng
cough etc." It is idle to experiment
wi n other remedies even if they are
urg-ed on you as jut as good as Dr.
King's New Discovery. They are not
as good because this remedy has a re-
cord of cures and besides is guaranteed.
It never fails to satisfy. Trial bottles
free at W. A. Irvio & Co's drug store.
The smelters of the country are re-
ported a ready to go into a ctmibine or
trust and those which have already
"jined" are said to b the Omaha &
Grant Smelting and Refining company
of Denver and Omaha the Chicago &
Aurora Smeltinr and Refinirg compa-
ny the Pueblo C lo Sme'ting and Refining-
conpny the Great National
Smel'ig and Running company of Mon-
terey ilex the Aguas Ca'ientes Smelt-
ing outfit of tho Guggenheims and
the consolidated Kansas City Smelting
and Refining compary.
Second Lieutenant Powell Clayton
Jr. of the 5th calvary has been ap-
pointed military attache of the Uniied
States legation at the City of Mexico
Lieutenant Clayton is son of the Amer-
ican minister and was appointed to the
army from Arkans:iw in 1892. Ho has
always been connected with the 5th
regiment and stands 44 in the line of
promotion.
The Lanipsnn cash carrier system has
bsea adopted at Calisber's where it
has connections for fivcj different dti
partmonts
FOR SALE
FINE BUSINESS CORNER 115
60 feet Mesa avenue and Texas streets
Right in the line of improvements.
$4500 buys 15 room lodging house
in centra) part of tho city. Lot 102
75 feet. Room to enlarge.
LARGE WAREHOUSE on side
track cheap terms easy.
MYRTLE & ST. VRAIN STREETS
two lots for $bo0.
NORTH OREGON STREET lot and
one half 39 feet for $350.
HOUSE NO. 614 NORTH OREGON
street $2500. .asy terms.
HOUSE NO. 311 TEXAS STREET
b rooms $2000. Installments.
TWO LOTS for $650. Corner of
Idaho and Florence streets.
NORTH STANTON STREET 3 lots
just north of Montana street.
For Rent
STORE No. 109 El Paso street
One of the best locations in the city
NEW MILLS BUILDING opposite
plaza store ana two large light base
ment
NO. 1110 SAN ANTONIO STREET
basement of three rooms.
IN "SHELDON BUILDING" best
office building in Texas store room
with bank fixtures and large vault
s'ore room foot of Oregon street offices
and rooms with steam heat and eleva
tor 1st 2nd 3rd and 4th floors.
T represent 10 leading fire insurance
companies and write life and accident
insurance in the TRAVELER'S OP
HARTFORD CONN.
LIBERAL POLICIES LOWEST
RATES.
Property placed in my bands exclus
ively will be advertised free of cost to
owner.
Horace B. Stevens
Real Estate and Insur
ance Agent.
Southern Pacific Company.
Morgan steamship line. Office of com- 1
mercial agent Cor. San Astonio and
Oregon Sis. El Paso Nov. 17 1897. )
lo Patrons: We beg to announce
that quarantine regulations against
the port of New Orleans have been
withdrawn and tri-weekly service of
the Morgan Line New York to New
Orleans (Algiers) will be resumed at
once assuring quick dispatch of the
Atlantic seaboard freight to points in
New Mexico and Arizona. -
Steamers will be dispatched from
New- York every Tuesday Thursday
and Saturday until further notice and
our former excellent time of 10 and 11
days New York City to El Paso and 11
to 12 days to New Mexico and Arizona
paints will again be afforded our pa
rous.
We very much deplore the inconven
leuce to which the recent quarantine
restrictions have subjested our pa
trons and tc this opportunity to
thank them for the werou8 indul
gence which has been mani'es'ed to
wards us under an exceedingly trying".
unfortunate and unavoidable interrup
tion of traffic.
When placing orders in Atlantic sea
board territory we hope you will con-
tinue to instruct routing "via Morgan
Liine.
Passenger traffic has also been re
sumed to and from New Orleans and
via that route.
M. O. Hick nell T. E. Hunt
Traveling Freight Agt. Com'l Agt.
Charred Body Found.
A dispatch from Raton dated Nov
ember 26 says: Late this evening the
charred body of G. W. Woods who
was the local agent of the Singer Sew-
ng Machine company was brought to
town. He was found this morning 16
miles west of here on the Catskill road
by some railroad construction hands.
When found he was lying along side
the roid aod the bed of his wagon lay
over Dim and burning slowly. It is
evident from the position he was in.
that his horse turned suddenly to one
side and upset the wagon and his lap
robe caught fire from the lantern. The
fl-sh peeled off from his legs and arms
likebirk but bis face was rot injured.
United States Circuit Judge T. S.
Maxey has b en directed by the depart-
ment of justice to hold a tirm of court
at Fort Worth in place of Judge Rec-
tor who has be in unable to preside for
mora tnao a year on account of baa
health. The docket of the northern
district is becoming very crowded and
ly last week a meeting of the bar of
Fort Worth was held to take steps to
secure relief by having congress ap-
point a special judge or creating a new
district Judge Maxey will open court
at Fort Worth on Dec. 6. San Antonio
Express.
Sierra Madre
Koute to
tbe Yaqut Gold
Fields.
Take the R. G. S. M. & P.
Ry for Casas Grandes San BueDa-
bntura and tbe Yaqui gold fields.
Trains leave Ciud ad Juarez Mondays
Wednesdays and Fridays at 8:30 a. m.
Arrive Ciudtd Juarez Tuesdays
Thursdays and Saturdays at 4:30 p.- m.
Mexico City time. Depot opposite
Mexican Central passenger depot.
J. T. Logan.
Gen'l Traffic Agent.
Southern Pacific Co
Special round trip rates for the
Houston fruit flower and vegetable
festival. Tickets will be oi sale
December 5th to 10th inclusive. Final
limit returning Dec. 12th '97. The
return portion of tickew entitles tbe
holder to free admittance to all the en-
tertainments. For further particulars call or ad-
dress F. R. Turner T. E Hunt
City Ticket Agt. Com'l Agt.
Pare Hygeia Ice
Made from distilled water. Ask
your family physic! cor druggist as to
purity and healthfulnesi of our ice; tel-
oDbone 14.
BUPA80IC ARWRISMAT0I Oj
NOTICE!:
Cf an election to determine whether or not
the city of El Paso Texas shall issue cer-
tain bonds:
MAYOR'S PROCLAMATION.
"Whereas on the 28th day of October A. D
1897 the city council of the city of El Paso
Texas enacted three certain ordinances au-
thorizing the issuance of the coupon bonds
of the said city for the purpose of borrowing
money upon the credit of said city for the
following purposes:
FIRST.
To erect a school house in th second ward
and to improve the Mesa school house In tne
third ward of said cliy.
SECOND.
To erect a city ball la said city.
THIRD.
In order to fun the present outstanding
floating indebtedness of s-id city which has
not been heretofore funded or bonded
Which ordinances so enacted as aforesaid.
are respectively entitled: "An ordinance
providing for the erection of a school bouse
in the second ward and for improvements on
the Mesa school bouse in the third ward of
the city of EI l-'aso Texas and fo- ("nuance
of onds for i h-t purpose." "An ordinance
ftrovldlng for the erect! jn of a pub lc buitd-
ng that is to say a city hall in tbe city of
El Paso. Texas and for the issuance of bonds
for that purpose." And ''An ordinance pro-
viding for tbe runding of certain Indebted-
ness of the city of El Haso and f or the iuu-
arce of its bonds for that purpose "
Tbe suostacce of which ordinances Is
shown in the hereinafter set out copy cf an
ordinance providing for the calling and
bo ding of an election to determine whether
or ne' said city shall issue said bonds
And. whereas on the 23th da? of October.
A. D 1897. the said cttv council enacted an
rdinance as follow to-wit:
An ordinance Drovidlne for tn calling
and holding of an election in the city of El
Paso Texas to determine whether or not
said city sha' 1 issue its bonds for the follow
ing purposes:
FIRST.
For the erection of a school house In the
second ward and to improve the Mesa school
bouse in the third ward.
SECOND.
To erect a city hall
THIRD.
To fund certain of Its indebtedness.
Be it ordained by the citv council of the
citv of El Paso:
Section 1. That whereas it was determin-
ed by the city council of said city of El Paso
Texas on the 28th dav of October. 1897. to be
expedient and necessary for the welfare of
s id city and its Inhabitants to issue the
coupon bonds of said city for the following
purposes:
FIRST.
To erect a school honse In the aer-nnd ward
of said city and to make necessary perma
nent improvements on tbe Mesa school
building In the third ward of said city.
SECOND.
To erect a city ball in said city.
THIRD.
To fund tbe follbwing indebtedness of said
city: That is to say the present outstanding
floating Indebtedness of said city which has
not been heretofore funded or. bonded.
And whereas on the date last mentioned
the said city council by its ordinances then
passed ana which have been aDDroved. did
order to be Issued the coupon bonds of the
city.maturing in thirty years and bearing
six percent per annum interest as follows:
a. r or erecting saia scnooi house in tne
second ward and Improving tbe Mesa school
r uildlng. S20.C0O. 15.000 of which is for erecting
the school bouse In the second ward and the
balance Is for improv ng the Mesa school
bouse.
b. For erecting a city nail 530000
c. And for fundlDK tne aforesaid Indebt
edness $10000 00 in which ordinances provis-
ion was made in accordance with tbe charter
of said city and the constitution and laws of
Texas to provide a sinking fund lor tbe re-
demption of aald bonds and payment at ma-
turity and for the payment of their interest
semi-annually as the same may become due;
and whereas according to the the term of
said ordinances and the charter of said city
tbe satd bonds cannot be issued nntil the ac-
tion of said city council in passing as id or-
dinances and ordering the issuance of said
bonds respectively hs been ratified by a
majority of the qualified voters of said city
wbo pay taxes on nronerty In said city as
shown by the last assessment roll voting at
ar. election beld for tbe pursose of determin-
ing whether or not such bonds shall be issu
ed; be it therefore and it is ordered that an
election shall b clled and held in the sai-J
city on the seventh day of December 1897
for the purpose of submitting to the voters
of said city qua ified as aforesaid the prop-
ositions and questions whether or not such
bonds any or all of them shall be issued
and of t hereby ratifying or repudiating the
aforesaid action of said city council.
Secclon 2 Tbat the polls shall be opened
and the election held in the several wards of
the city and It shall be bolden condnc ed
and the votes shall be counted and the re-
turns shall be made and canvassed and the
resu.t declared in likemanner as is provid
ed by the city charter and the law for the
boiaing oi otner city elections in saia city.
Sec Ion 3. That all qualified voters of said
city who pay taes on property in id city
as shown by the last assessment roll are en
titled to vote at saia e'eciion ana none out
ers can vote
Section 4. Tbat the ballots to be nsed at
said election shall contain substantially the
following words according to the voter's
expression of will on the questions voted on:
"For the Issuance f El Paso city bonds In
the sum of 220.000.00 for the erection of a
school hous in the second ward and to im--mrn
the He.a school bouse In the third
waru of said city and U r the ratification of
the ordinal.;-" of October 27 1897. authorizing
the issuance oi Cbe same."
Or "Against the innce of El Paso city
bonds in the sum o' $20 ouC.OO for the erection
of a school bouse in the secoriu "rd and to
improve the Mesa school house in i .chlrd
ward of said citv. aod arainst the ratlfica wru
of the ordinance authorizing the Issuance ot "
the same."
"For the issuance of El Paso city bonds In
the sum of S30.000 00 to erect a city hall In
said ci y and for the ratification of the ordi
nance of October 28th 1897 authorizing the
issuance of the same "
Or "Anatnst the issuance of El Paso city
bonds in the sum of Sb0.000.00 to erect a city
hall in said city and against the ratification
of the ordinance authorizing the Issuance of
the same."
"Fnr the issuance of El Paso city bonds In
the sum of 830000.00 to fund its indebtedness
and for the ratificationof the ordinance of
October 2rth 1897 authorizing the issuance
of the same "
Or "Against tbe issuance of El Paso city
bonds In the sum of &0.000 00 to fund Its in-
debtedness and against the ordinance au-
thorizing the issuance of the same."
All of said ba llots shall be written or print-
ed on p'ain white paper and comply In form
substantially with the laws vf Texas reiat-
lng to ballots.
Unon the ascertainlug of the result of said
eleclon the action of the city council In or-
dering the Issuance of raid bonds and In
passing the ordinances aforesaid shall be
declared ratified or not ratified as to any or
all of said bonds according to tne result or
said election and the bonds shall be issued
or not issued as may be determined by said
election.
Section & That the mayor shall forthwith
issue a proclamation to the voters of said
city calling said election. In accordance with
the provisions of this ordinance in which
proclamation shall be set forth the substance
of this ordinance. Said proclamation shall
be published in at least one of the dally
newspapers published in said city for a peri-
od of thirty days prior to the day of holding
said election. Sid proclamation shall state
the places at which said election ohall be
held in each ward and the name of the pre-
siding officer who shall preside at said
election in the several wards and election
Sre'-ints of thecit v. Said election shall be
eld at the following places to-wit: In the
first ward at the city ball; in the second
ward at tbe hose house on Kansas street; in
the third ward at Chas. Purtell's shop on
North Stanton street and in the fourth ward
at the street commissioner's office on North
Oregon street.
Section O. This ordinance shall take effect
and be In force from and after its paesage
and approval."
Approved November 1 1897.
Joseph Magoffin
Mayor of the city of El Paso Texas.
Attest: B. S Catlin
City Olerk of the City of El Paso Texas.
Now therefore. I Joseph Magoffin mayor
of the city of El Paso. Texas In pursuance of
said ordinance and by virtue of the powers
vested In me by law do hereby give notice
that an election will be held in each and all
of the wants of the city of El Paso. Texas
between the hours of eight in the morning
and six in the afternoon on Tuesday the 7th
day of December A.. D 1897 for the purpose
of determining the ques'inns in said ordi-
nance proposed and submitted at which
election qualified voters of the city of El
Paso who pay taxes on property in said city
as shown by the last assessment roll and
none other areqnallfied to vote.
In the first ward the election will beheld at
the ci ball and A Lamour Is hereby ap-
pointed presiding officer.
In the second wrd the election will ba
held at tbe hose house on Kansas street and
O. W. Fassett Is hereby appointed presiding
officer.
In the third ward the election will be held
at Chas. Purtell's shop on North Stanton
street atd M. O Edwards Is hereby appoint-
ed presiding officer.
In the fourth ward the e1ection will be held
at the street commissioner's office on North
Oregon street and Adolph Solomon Is here-
by appointed presiding officer. i
Signed this 1st day of November A. D. 1897
Joseph Magoffin
Mayor of the City of El Paso Texas.
atVoiwk the pity Sf'sTpX
Attest; a. a. catlin
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El Paso Daily Herald. (El Paso, Tex.), Vol. 17, No. 286, Ed. 1 Thursday, December 2, 1897, newspaper, December 2, 1897; (https://texashistory.unt.edu/ark:/67531/metapth296133/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .