Austin Alderman Dispute Resolved in 1879
• Election Challenge Dismissed – E. Rains filed a complaint alleging that J.J. Tobin was illegally holding the position of alderman for Ward 4, but the city council ruled the demurrer (legal objection) in Tobin's favor, declaring him the legitimate alderman.
• Formal Hearing Conducted – The council held a two-day special meeting to hear arguments from both sides, with each party's lawyer given 15 minutes to present their case before the council voted.
• Street Infrastructure Review – The city appointed a Street Committee to inspect and appraise the value of all city-owned lamp posts currently under municipal contract.
Full Transcript
Called Meeting of City Council Austin Texas Nov. 28th 1879 Mayor De Gress presiding. Roll Called Present Aldermen Leooulfe, Brasher, Metz, Hally, Robertson, Richman, Sheeher, Tobin, and Wahrenbergen. The Mayor stated the object of the called meeting to be the consideration of a complaint filed by E. Panus & J. J. Tobin complaining that said Tobin was illegally holding and exercising the office of Alderman of the fourth ward. The complaint was read. On motion of Alderman Brasher, the Council adjourned until 7:30 P.M. tomorrow. Approved Nov. 29. 1879. E. M. Bradley City Clerk
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Adjourned Meeting of the City Council. Austin Texas Nov 29, 1879. The Council met pursuant to adjournment. Mayor De Gress Presiding. Roll called. Present Aldermen Boardhaus, Legoinbs, Croaker, Metz, Halle, Patterson, Sheehan, Tobin & W. Shruberger. Alderman Croaker moved a call of the council. The call being sustained by three the Marshal was despatched for the absentee. The minutes of the meeting of Nov. 28 were read and approved. The Mayor appointed the Street Committee as a committee to examine the Lamp posts owned by the city and now by the city under contract with the City and to appraise the value of the same. On motion of Alderman Halle the call was suspended. The matter of the complaint of E. Rains vs J. J. Tobin was then taken up. The answer and demurrer of the respondent and the answer of the relator to said demurrer were read. On motion it was resolved that the Counsel for the relator and the respondent be allowed fifteen minutes each for argument upon any question raised during the trial. Alderman Richman appeared & answered to his name. After argument of Counsel for the respondent and the relator the question was put "Shall the demurrer be sustained?" The vote being taken the demurrer of the respondent was sustained. Alderman Croaker offered the following resolution, which was adopted. "Resolved that the petition of E. Rains, and the same is hereby dismissed, and that J. J. Tobin be and is hereby declared the legally elected and qualified Alderman of Ward No 4 of the City of Austin." There being no further business on motion the Council adjourned.
Approved Dec. 1/79