202 Called meeting of the City council Austin Texas October 06, 1882 W A Dayton Mayor Presiding Roll call present Aldermen Hartz Kenney Schutze Radkey Plath Wilson Absent Aldermen Brueggerhoff Kueppertz Tholleen Cook A fine of one dollar was entered against Aldermen Cook Brueggerhoff Kueppertz Tholleen for non attendance at this meeting On motion of Alderman Plath the Council was called and the marshal sent after the absen tees and on motion of alderman Plath the Call of the Council was suspended Alderman Plath made the following motion that the consideration of the leave of absence granted to the City Marshal Ben Thompson be postponed until the next regular meeting of the City Council Alderman Radkey offered the following amendment to alderman Plaths motion that leave of absence be extend until the next regular meeting which and pay. Alderman Plath accepted the amendment the motion was the adopted. The Mayor presented the following veto message on the ordinance establishing the market limits of the City of Austin Mayors office Austin October 6th 1882 To the honorable members of the City Council of the City of Austin Gentlemen I herewith return to your honorable body an ordinance repealing section one of article 837 of an ordinance establishing the market limits of the City of Austin said ordinance passed your honorable body October 5th 1882 without my signature for the following reasons First I do not believe a law made applicable only to a certain portion of a municipal corporation and not affecting other portions will be held good by the courts of the Country, therefore the present ordinance would only result in litigation and exposed to --- Page break --- 203 the City without accomplishing the end for which it is intended. Second I believe it against public policy to tax the necessities such as this ordinance contemplates Third the the Charter of the City of Austin does not authorize a tax of the character mentioned in this ordinance that while it expressly authorizes the erection of Market houses establishing of markets and market places it does not any where authorize a tax and that this if no other reason would be fatal to the enforcement of the ordinance Fourth I am not of the opinion Citizens should be compelled to come to one central market for necessities and if no other reason could be urged against this ordinance this alone should induce your honorable Body not to force them to such an inconvenience I trust you may find these reasons sufficient to induce you to reconsider your former action Very Respectfully W. H. Dayly Mayor Alderman Radkey moved that the council postpone action on the veto of the Mayor Ayes Alderman Hartz Platt & Wilson Yeas Alderman Kenney Alderman Schubring Radkey no voting absent Aldermen Cook Bruggerhoff Kappe & Steller On motion the Council adjourned A. L. Purnell City Clerk Read and approved Oct 16. 1882