516 Called Meeting City Council, Austin Texas May 13, 1878. Mayor De Gress presiding. Roll called. Present Aldermen Brown, Millett, Metz, Plato, Raven, Sheehan, 6. Quorum present. Alderman Millett moved a call of the council. This Call being sustained by three members the Marshal was sent for the absentees. The minutes of the meetings of April 11th & 15th were read and approved On motion of Alderman Millett the Call was suspended Alderman Brown having appeared and answered to his name. The council then retired for consultation as to the mode of procedure in the matter of the City of Austin Vs. Sam. A. Wildy. City Attorney. On their return the following resolutions were presented & adopted as the rules of procedure: Be it Resolved by the City Council of the City of Austin, That the following rules be and they are hereby adopted for the government of the City Council in cases of removal of City Officers: 1. The Clerk of the City shall record the proceedings in cases of removal as in the case of other proceedings. 2. Counsel for the parties shall be admitted to appear and be heard upon cases of removal. 3. All motions made by the parties or their counsel shall be addressed to the presiding officer. 4. Witnesses for the City shall be examined by the person representing the City and then Cross examined by one party on the other side. The witnesses for the defence shall be examined by the party representing the defendant and Cross examined by the person representing the City. 5. If a member of the Board is called on as --- Page break --- 517 witness he shall be sworn and give his testimony standing in his place. 6. If a member wishes a question put to a witness or to offer a motion, he shall do so from his seat. 7. At all times when the Council is sitting upon the removal of an officer the doors of the Council Chamber shall be kept open unless the Council shall direct the doors to be closed while deliberating upon its decisions. 8. All preliminary or interlocutory questions, and all motions shall be argued for not exceeding five minutes on each side. The case on each side shall be opened by one person. The final argument on the merits shall be made by one person on each side & the argument shall be opened and closed on the part of the City; Provided that a half hour shall be allowed each person except the person representing the City, who shall have ten minutes in closing the case. 9. If the Mayor shall be a witness the President of the Council shall administer the oath to him. 10. Witnesses shall be sworn in the following form by the Mayor. You do solemnly swear that the evidence you shall give in the case now depending between the City of Austin and ---- shall be the truth, the whole truth and nothing but the truth, so help you God. Counsel for the defendant objected to the proceedings on the ground that the charges were not specific, and that no copies thereof had been served or legal notice given. Objections overruled by the Council. A motion by defendant for a continuance was also overruled. Defendant then filed exceptions & answer. The charges against the defendant were then read. On motion of Mr. Hall the further hearing --- Page break --- 518 of the cause was postponed until tomor- -row May 11th at 8 PM Resolution — Whereas the barracks situated upon the Reservation of the U. S. Govt. in this city are going to decay and are being used to a great extent by tramps and other disreputable charact- -ers to the damage of said property and the city - therefore be it Resolved — 1st That the Senators & Representatives in the U. S. Congress from this State are hereby requested that they use their ef- -forts to have an appropriation of $10,000.00 for the purpose of putting the barracks in good repair. 2nd That the Mayor is hereby directed to forward a true of these resolutions to the Hons. Richard Coke & J. B. Maxey U. S. Senators; D. C. Giddings member of Congress from this Dist; to the Hon. Secy of War and another copy to Genl E. O. C. Ord com-manding the Dept. of Texas with the request that Genl Ord forward these resolutions to the Hon. Secy of War with such endorse-ment as he deems, with the knowledge he possesses of the condition of said barracks, to the best interests of the Service. On motion the resolutions were adopted. By Alderman Param. Be it resolved by the City Council of the City of Austin, that a synopsis of the proceedings of the meeting of Monday the 6th of May, shall be published in the Texas Volks-zeitung in the German language. On motion of Alderman Param the resolution passed. A Resolution appropriating $27.50 for fixing blinds and awnings to windows in office of the Assessor and Collector. Resolution read. On motion the rules were suspended and the resolution placed on its second reading by the following vote. Yeas Aldermen to-ho. --- Page break --- 519 Millett, Metz, Platt, Pavru, Sheehan & Strong 7. Absent Aldermen Brooker, Nalle & Vaughan 3. The resolution was read second time and on motion the rules were further suspended and the resolution placed on its third reading by the following vote: Yeas Aldermen Crow, Millett, Metz, Platt, Pavru, Sheehan & Strong 7 Absent Aldermen Brooker, Nalle & Vaughan - 3. Resolution was read the third time and on motion passed by the following vote: Yeas Aldermen Crow, Millett, Metz, Platt, Pavru, Sheehan & Strong 7 Absent Aldermen Brooker, Nalle & Vaughan 3. By Alderman Sheehan. Be it resolved by the City Council of the City of Austin 1. That the thanks of the citizens of the City of Austin through their representatives in the City Council be and the same are hereby tendered to Hope Hook & Ladder Co. #2 for the noble conduct and achievement at the Waco Mai Fest and to the other Firemen of this city who visited Waco as the representatives of our Fire Dep't and aided in the noble victory. 2. That we recognize in our Fire Department that true and noble spirit which is always ready to make any sacrifice to defend our homes and protect our people and are ever ready to respond at the call of assistance at home or abroad On motion the Resolution was adapted. A Resolution. Be it resolved by the City Council of the City of Austin that the sum of $100.00 be and the same is hereby appropriated for the payment of the attorneys employed by the City in the case of the City Water Company vs The City of Austin. Resolution read. On motion the rules were suspended and the resolution placed on its second reading by the following vote: Yeas Aldermen Crow, Millett, Metz, Platt, Pavru, Sheehan & Strong 7. Absent Aldermen Brooker, Nalle & Vaughan 3. --- Page break --- 520 Resolution read second time. On motion the rules were further suspended and the resolution placed on its third reading by the following vote. Yeas, Aldermen Crow, Miller, Metz, Platt, Parm Sheehan, & Strong 7. Absent Aldermen Crocker, Halle & Vaughall 3. Resolution read third time and on motion passed by the following vote Yeas Aldermen Crow, Millett, Metz, Plate, Parm, Sheehan & Strong Absent Aldermen Crocker, Halle & Vaughan 3. On motion the Council adjourned to 8 P.M. May 14th Approved L. M. Bradley May 15 1878 City Clerk [illegible] 5/15/76 --- Page break --- Adjourned Meeting City Council. Austin Texas, May 14th 1878. Council met pursuant to adjournment. Mayor De Gress Presiding. Roll called. Present Aldermen Crow, Croaker, Metz, Paven, Sheehan, Strong as VaughanAbsent Aldermen Millett, Hallet, Platt - /3. Alderman Crooker moved a call of the Council. The call being sustained by three Aldermen the Marshal was sent for the absentees. Alderman Platt appeared and answered to his name. On motion of Alderman Crow the call was suspended *. The case of the City of Austin Vs S. N. Hildy was taken up. Motion by Defendant that the council in- struct Mayor De Gress to vacate the chair for reasons stated in the motion and call the President of the Board of Aldermen to preside, during this investigation. Also that the City Marshall and City Treasurer be authorized to act during this in- vestigation as members of the City Council. Motion [illegible]. Alderman Platt moved that the rules of procedure adopted by the City Council be strictly adhered to. Carried Exceptions by Defendant to the rules of procedure adopted by the council. Also exceptions to the jurisdiction of the City council in the matter pending. Alderman Platt moved that the Excep- tions be not sustained by the Council. Motion Carried. By Alderman Crooker. Resolution allow- ing the attorneys of Defendant half hour each and that they be allowed to examine witnesses. On motion the resolution was adopted. On motion of Alderman Metz the Council adjourned to 8 P.M. May 15th 1878. Approved L. M. Bradley May 15 1878. City Clerk --- Page break --- 522 Adjourned Meeting City Council. Austin Texas, May 15th 1878. Council met pursuant to adjournment. Mayor D.W. Goss presiding Roll called. Present. Aldermen Crow, Millett, Parru, Sheehan and Vaughan - 5. No quorum present. Alderman Millett moved a call of the Council. Call sustained by three and the Marshal sent for absentees Aldermen Brooker, Halle and Strong ap- peared and answered to their names. Quorum present.* On motion of Alderman Brooker the Call was suspended The Case of the City of Austin vs Sam. N. Hildy, City attorney was taken up. By Alderman Millett. Resolved That the Board of Aldermen of the City of Austin have heard all the evidence in the matter of S.N. Hildy & The City of Austin that they deem necessary to a just decision of the question, On motion the resolution was adopted. By Alderman Vaughan. Resolved that we now take a vote whether S. N. Hildy be removed or retained as City Attorney Resolution adopted The question then being. Will the Council remove S.N. Hildy City attorney? the roll was called and the question lost by the following vote. For removal Aldermen Crow and Millett. 2. Against removal Aldermen Brooker, Halle, Parru,Sheehan, Strong and Vaughan 6. Absent Aldermen Metz and Plato 2. On motion of Alderman Crow the Council adjourned. Approved L.M. Bradley May 24th 1878 City Clerk *The minutes of May 8th 1878 were read and approved