Regular meeting of the City Council August 2nd 1883 Mayor L. L. Austin presiding. Roll called. Present, Aldermen [illegible] H. Boardman, Deily, Flatt, Roppell and Watson. Absent Alderman Brooke and Ball. Quorum present. The Mayor presented the following communication, which upon motion of Flatt was accepted & tendered: Mayor’s Office Austin Aug 2nd 1883 To the honorable Board of Aldermen Gentlemen:— I beg leave to tender my resignation of the office of Mayor of the city, to take effect upon the election and quali- fication of my successor. The principal reasons that prompts this action are: 1. My health is in such a condition that I have become unable to attend to the duties of the office, as I think they should be, and my physician has recommended rest and quiet. 2. The matter which I have become involved in as to the quo warranto, it has given me a great deal of trouble and annoyance, and the Supreme Court of this State, having held that an officer on the return of the writ, cannot hold the office of Mayor of the City, makes the litigation of this office as but only a question of time. In connection with this I desire to place myself clear before the people. The first time I was elected Mayor, by nineteen hundred and eighty votes, a protest was presented to the City Council in which it was alleged that I was ineligible to fill this office, the matter was referred to a Committee which after due investigation, reported that by a majority of whom I was eligible. The second time I was elected Mayor, by over three hundred and sixty votes, a like protest was filed, which was referred to a Committee which reported that I was ineligible, by a majority of whom I was eligible. --- Page break --- 120 without any opposi- tion. Nevertheless, before I could assume to the people, qualities of head and heart, nor was he confronted by a pamphlet written by an unknown hand, nor was this case of great public interest throughout the city. And in about ten days after his gentleman assumed the office, was defeated on the same issue, as to my qualifications, by a 75 majority in the city, but being personally known to the people, and having no ability for such a purpose, was able to canvass every ward and carry everything. I had been led to believe that the first election was made to Duval County in a republican, but upon my acquaintance of the then political condition I came to the conclusion that it was not. I was furnished with a copy of your Judiciary Act, with several cartoons, and several orders which contain many grave and erroneous statements which were very favorable to me. I inquired into the decision of the city council of Tallahassee, which had been rendered by the Hon. W. M. H. F. N. Theile, Judge of the Middle Judicial District of Florida, and which contained, the ground in which this gentleman had, however, to the court and had its office held conclusively that the issue was left by law to be decided by the people, and the appeal was direct to them. He was advised that such issue as to the right of a person who protested, to hold the office was not triable by such authorities, as were provided for the hearing in this case, and that the only questions in this case which could be raised and being personally known to the people were the ability to canvass, and the had jurisdiction. The first election, the people of the city had, however, to the court and had its office held conclusively that the issue was left by law to be decided by the people, and the appeal was direct to them. He was advised that such issue as to the right of a person who protested, to hold the office was not triable by such authorities, as were provided for the hearing in this case, and that the only questions which could be raised and had been previously decided. In fact, the decision of the City Council was, that the majority of the people had given him a decision, and that he was elected. No existing question from said decision has ever been brought to my attention. I am advised that when an election is left by law to be decided by the people, an appeal is directly to them, and that it is held conclusive, unless it could be attacked collaterally on case of fraud, but in this case I find that it has no fraud. I hereby submit to your consideration a concise and conscientious statement of the case which contains all the facts I believe you desire. I send you a copy of my Judicial Act. With great respect, Your friend, A. S. Mc [illegible] 2. 1876. Your obedient servant. --- Page break --- 121 had been low the. From This case stood is too that official holds any in the diplomatic The enrollment to their pay to certain queries honorable Secretary that they be attached person on the retired list civil office, except in the for service, and draw civil office in addition to their pay of officers. The Court of Claims of the United States, on the rendition that the pay of a retired under section 3 of an Act of after due consideration by the full bench question, it was a decision that no for paying on the retired list. No objection was made to any installation ever asked was given in every instance when to the street that this was a matter no objection was made. I have been in every kind of business of the people of Kentucky, more than any I know no people but are ready to receive but that they will approve All know that the affliction, which has been and empowered me as well unknown to them. In conclusion, I have the honor to inform a special election the office of mayor, in accordance be held on the 16th day of to take place on with respect their request. Free Schools --- Page break --- 122 management of the public free schools in this city and towns of Humphrey and McKinney be appointed by ordinance approved April 3d 1872, ordered an on objection touching said schools to take place on the same day. Very respectfully, S. B. Gregg, Mayor. Petition of R. E. Houston to open a bar room in division E. granted. Petition of R. E. Robinson to open an outside market in Section Block 38, Mulberry & granted. Petition of L. A. Berow to open a saloon on the north side of H. 4th street, Mulberry, Block 74, in Mulberry, laid on table. Petition of Frank Mehenholtz to have one half of said City tax refunded to him, granted. Petition of Citizens to have all children from 6 to 18 years old Educated at the Govt. School. read and ordered filed. Report of City Sexton showing number of deaths in month of July to be 15, males 9, females 6; white 9, colored 6. Read and ordered filed. The following report from the City Physician was read and ordered filed. City Physician's Office Austin, July 31st 1880 To the Honorable Mayor and Board of Aldermen, City of Austin: Gentlemen. At the date of my last report there remained under treatment in the Hospital when I went on duty some have been cared for making a total of 31 treated during the month. Of this number, nine have been relieved and have returned home under treatment, three have died, and twelve remain under treatment. I have given --- Page break --- The following report from the City Engineer was read & referred to the City Committtee & City Engineer, & was ordered to lie in the Clerks Office. Austin August 2d 1880. Hon. J.L. Drees Mayor: Dear Sir: I have the honor to call your attention to the bad condition of streets, bridges & culverts, & roads in many places, in fact so many places are washed out & so impaired generally that I can only & will take such action as in the premises to particularly call at attention to that portion of the street running between Bois d'Arc and Rio Grande street at the intersection of this little branch of the Bois d'Arc that has been so exceeding injured that it is dangerous to pass over with safely & the public is obliged daily in going to & from the cemetery. It is dangerous to pass over with safely, & the public is obliged daily in going to & from the cemetery, as well as vehicles, to pass. 2. The number of bridges throughout the city that have been built within the last two or three years were repaired with wood at his good cypress planking and would last at least twenty five years. Very respectfully, Austin City Engineer. Quarterly report of the City Collecter, was read & ordered to lie in the Clerk’s office, and filed. Report of cemetery committee on proposition of H.D. & C.D. Ridley was read and ordered to lie in the Clerks office. Report of special committee on the City & City Treasurer was read --- Page break --- 124 To the Honorable Mayor and Board of Aldermen. Your committee on streets to whom was referred the petition of J. DePorte, and others relative to a certain crossing over a water branch on Liberty St. near Riechschman’s and Sheehans and Riechschman’s place begs leave to report that they find upon personal inspection that the crossing over the branch above refered to leading to the Riechschman and Sheehans place is not in proper condition, as it is washed out at the intersection of Liberty Street and Hersey Avenue being bad and that a suitable appropriation be made to build a good wooden bridge with stone abutments over the branch above referred to. Respectfully submitted Jacob Weber Fritz Riechman Alderman Platt moved to refer to street committee. Alderman Riechman moved to lay on the table, motion lost. An ordinance was presented as to build a bridge on Liberty Street. Ordinance read first time. Alderman Platt moved to lay the ordinance on the table. Lost. Alderman Riechman moved the rules be suspended and the ordinance be read, a second and third time by the following vote: Yeas - Alderman Boardman, Robertson, Riechman, Johann, Wohlburger, Kays - Leich, Platt, Stoddard, Sheehan. Alderman Crooker opposed said motions. Noes none. Said ordinance amending ordinance No. 119, 1491 and motion to vote was called by Yeas - Alderman Boardman, Robertson, Riech Johann, Wohlburger, Kays, Platt. Alderman Crooker did not answer his name. --- Page break --- 125 had just re official business. After being absent from the report was adopted a petition of citizen of the city by Justice. and created by the business with a view to ordinance that she was probably probably be satisfied. The committee The committee appointed empowered to empowered to investigate the to report to report that on an investigation there plan of remedies are good made and as a means of remedy and continuance and that of the committee it shall be so continued for in specie with the preacher of the to devise the best the churches and of the ditch house. for the suspension G. I. Broadman J.I. On motion the above report was adopted. an ordinance to amend and Article 25.3, of the divided ordinance of the city of Justice. was read first time and on motion The rules were suspended and the ordinance read second time, being by the votes. Aldermen Broadman, Brooke, Dick, Robertson, Rickman, Sherman, and Wohlenberger. Nays - None. The ordinance was read the second time Alderman Plat moved to suspend the recessary to provide that the Council not apply to licensed vehicles. on motion the rules were further suspended and the ordinance placed upon its third reading by the following votes. Nays - Aldermen Broadman, Brooke, Dick, Robertson, Rickman, Sherman, and Wohlenberger. --- Page break --- 126 Bays. Ordinance read third time. Passed by the following vote: Yeas: Brosker, Robertson, Rick- ett, Robinson and Wahrburger. Nays: None. The Mayor, Mr. Brosker, presented a petition of the council, The petition of sundry citizens, praying that the Electric Light be supplied to such theatres as now exist in the city. Had determined under the law, to can- call upon the council to grant the petition, and that he conference relating thereto. council. The finance committee submitted a report upon the petition of the council, that the city at was asked for further was absolutely and necessary to the public safety. Whereupon Mr. Wahrburger introduced the following resolution, which on motion, was unanimously adopted, ordered spread upon the minutes of the and also to be published. Whereas, the honorable J. C. Brosker, our mayor, has presided over the has resigned the position, therefore, Whereas, he has during his term of office always discharged his different duties of the law, with that ability and he has presided over all the deliberations of the board of aldermen with the strictistory, perfect fairness, both Resolved, by the City Council of Hot Springs, that in the resignation of Col. J. C. Brosker, the city of Hot Springs, loses the services of a whole souled and competent whose services are rendered for her without favor or prejudice. --- Page break --- of the city of Louis $250.00. It be of the resolution ed to issue bonds on, Reichman & was voted upon a reading, which was by vote. Two third yea, the ayes being Alderman Schulz, Platton and Schuha Roberts, Berger, Hays noes were There being no further business the Council adjourned Duly Clerk