475 Regular Meeting of the City Council Austin Tex. March 04, 1884 Hon J. W. Robertson Alderman of Ward Presiding Roll call present Aldermen Schneider Fellow Hancock Wells Campbell Maas Dickies Crooker, Odell Carrington S. G. Robertson Hill Clark Erwin Brush and Breen 16. absent Aldermen Suton Schuber and Underhill Aldermen Suton and Underhill came in and answered to their names Reading of the minutes of previous meeting was dispensed with On motion of Alderman Odell the leave of absence of W. A. Saylor Mayor was extended to March 15th 1884. Alderman Brush presented a petition from the Trustees of the Swedish Lutheran Church, stating that said church owned Lots 5.6.7.& 8 in Block 46. division E. and that the lots had been assessed for the taxes of 1883. as their church was built on said lots they asked that the tax be remitted. Referred to the Finance Committee The report of the City Physician for Feb 1883 was read and ordered filed A communication was received from the City Physician in regard to the City building a slaughter house and having all meat inspected to prevent the sale of diseased meat. Referred to the Ordinance Committee The following reports were received from the City Marshal, which on motion were ordered filed To the Honorable Mayor and Board of Aldermen. of the City of Austin. --- Page break --- Gentlemen At the last meeting of your honorable Body the petition the petition of R. L. Duval which complained of certain hogs running at large, and the report of the street committee on the same was referred to me, the report of the committee referred me to the ordinance governing animals. I would respectfully beg leave to report that I find under art 34 of the Revised ordinance of this City that it was the duty of the City Marshal to establish a pound and impound all animals found running at large. but I find that on the 19 day of March 1883 the City Council did pass and act and enacting an ordinance providing for the appointment of a pound master and providing that he shall establish a pound. I am unable to find any authority under which I can act as poundmaster. I would therefore respectfully request further in structions from your honorable body in regard to the matter. Very Respectfully H. G. Lee City Marshal To the Honorable Mayor and Board of Aldermen of the City of Austin Gentlemen At your last meeting a petition and a report of the Street Committee was refer red to me in regard to certain obstructions in the streets. I am requested to remove the same and place the streets in good order. the petition does not state where the obstructions are or what streets are to be graveled. I would therefore respectfully report that on account of the above reasons I have been unable to comply with the directions of the Council and herewith return the petition asking further instructions in regard to the matter. Very Respectfully H. G. Lee City Marshal --- Page break --- 477 The following report was received from the City Marshall which was read and ordered filed. Austin Texas March 3 1884 To the Hon Mayor and Board of Aldermen of the City of Austin Gentlemen At the last meeting of your honorable Body, Alderman Hancock offered a preamble and resolution which was adopted and which said resolution omitting the preamble, reads as follows, Be it Resolved that the City Marshal be and is hereby instructed to report in writing to the Council at its next regular meeting, the Causes which render said force thus inefficient and to suggest measures to remedy the same. In accordance thereupon with the instructions of said resolution I as City Marshal have given the subject matter of said resolution my best consideration and state that the Causes to which are largely due the failure of the existing Police force of Austin to come up to the expectations of the public, may be classed under two heads, both of which will probably affect the police force under any Marshal who may hereafter serve and which have largely affected me in my official duties, and to a great extent crippled me in my efforts to preserve the City and preserve its peace. Under one of these heads may be stated the manner of appointing the police of the City who under the present charter and existing ordinances are appointed by and removed by the board of Aldermen and thus are not directly accountable to the City Marshal, nor while held responsible for the efficiency of the Police is not vested with the power to select and reject the material composing the same. In my judgment no police force can be made thoroughly efficient in this City until their head in command shall be their head in fact and those have the power to have it composed of persons who are in harmony with him --- Page break --- 478 and his views and who having him and their access to look to will not be guilty of insubordination and want of respect for their Chief as many of the present force have shown themselves to be. The second cause of the inefficiency of the Police force lies largely in the fact that to a great extent I as its head have not received the moral support of the aldermen of this City in the performance of my duty but I and the Police under me have been made to feel that my every action would be scrutinized by unfriendly eyes anxious to seek occasion to blame. I do not intend to imply by this that all the aldermen have since acted for some I am glad to say have given me all the support to their full ave my position but there has been sufficient to have greatly impeded me in my efforts to do my full duty. It may be that the same state of affairs will not occur again to any successor of mine but it has certainly been most unfortunate. For me personally that my leading opponent for the position I hold by your suffrages should be a member of your body and seemingly disposed to carry toward me feelings not of the most friendly character I have thus briefly pointed out what it seems to me are the main causes of inefficiency against the police force It becomes my duty to suggest a remedy and fear that in so doing I may be only able to dimly indicate what you in your superior wisdom may be able to more fully adjust and mature. As stated in the first portion of this report I have pointed out that I believe one principal cause of any inefficiency of the police is to be found in the manner of their appointment and discharge. and this indicates what in my judgment is the remedy and that is that the power of appointing and discharging from the force should be taken from the board --- Page break --- 479 of aldermen and reph with the police committee and the city marshal who should be held strictly and solely responsible for the proper working of the force. I am not prepared to say how far such a plan of appointment may conflict with the existing city Charter and ordinances under it upon the subject but feel satisfied that if such a change can be legally made it will result in great good. In all other departments of our government, Heads of departments and bureaus select their own subordinates and sheriffs their deputies, after an apt illustration and it seems to me anomalous that the head of the force whose duty it is to protect the lives and property of the citizens should be denied the right to appoint such men as he may deem efficient and discharge those who he may find inefficient. But must accept men whose only qualification moral and physical may be subserviency and friendship to the alderman by whose efforts and influence he has received his appointment. and to whom rather than to his nominal chief. He looks for orders advice and support In view also of the fact that the police force is small in number. Some of whom are liable from sickness, or other cause to be unable to perform their duties I would also recommend that the city marshal be also authorized whenever any member of the police force is unable to attend to his duties, to appoint some suitable person to fill his place so that the force may always be kept full. Hoping these suggestions may receive your favorable consideration, I have the honor to subscribe myself H. R. W. City Marshal --- Page break --- 480 The following reports was received from the City Attorney, which was ordered filed Austin, Texas March 3 1884 To his honor the Mayor and City Council of the City of Austin Gentlemen In response to a reso lution passed at your last regular meeting calling for my opinion as to the right of the City to lease to private persons the walk for private purposes I desire to state that I freely concur in the opinion delivered by Mr Walton Sepr 27 1882 holding that the City has no right to lease said property to private persons to be used for private purposes Respectfully, Geo. F. Pendexter City Attorney Austin Texas March 3d 1884. To the Hon Mayor and City Council of the City of Austin Gentlemen I would respectfully state that in my opinion the City is under no legal responsibility for the damage sustained by Mr. J. D. Carroll on account of the accident by which his mule and wagon were injured and would therefore suggest that his claim be dismissed Respectfully, Geo. F. Pendexter City Attorney The report of the City Sexton for Feb 1884 was read and referred to the Cemetery Committee The monthly report of the City Treasurer was read and referred to the Finance Committee The report of the City Marshal for Feb 1884 was read and referred to the Police Committee. The following report of the street Committee an and ordinance amending art 174. (1) in regard to fast riding was adopted. Mr the street Committee to whom the above --- Page break --- 481 ordinance was referred unanimously approve the same and respectfully urge that the same pass. R Rath Chairman J W Duskie W B Brush, Street Committee To the Hon Mayor and Board of Aldermen Your Committee on street to whom was referred a petition of property owners on west Pecan Street would most respectfully report that we have examined the same and would recommend that the gutter be made for the distance of 140 feet along west Pecan Street on north side, beginning at the Corner of San Antonio Street and running west toward the Creek said gutter to be laid as soon as the property owners put in their curbing, for which grades have already been established. R Rath Chairman J W Duskie W B Brush Street Committee The following report was received from the Street Committee on an ordinance appropriating $300 for improvements on Eden and Cypress Street. We the street Committee respectfully recommend that the ordinance do pass. R Rath W B Brush. To the Hon Mayor and members of the City Council. Gentlemen We your street Committee to whom was referred the petition of property owners on and along Live Oak Street. Also an ordinance amending an ordinance granting the privilege of constructing a railroad upon also all streets in the City would respectfully report that we have given the same particular attention and would recommend that no --- Page break --- 482 View of the fact that said street is now one of the first in the City and that the construction of a rail road upon it would materially injure same as a street, as the construction of the road now constructed from beginning to end clearly demonstrates, and in view of the fact that there is a number of other streets that the road could be put on by which the Company could easily reach the point they have in view would recommend that the petition be granted and that the ordinance do pass Jno. W. Dixill R. Plath The following report was received from the Finance Committee which was read and ordered filed. To the Hon Mayor and City Council of the City of Austin The Finance Committee to whom was referred the two ordinances appropriating money to erect stables and purchase teams etc begs leave to respectfully report that they have had the same under consideration Believing that the object in view can best be reached by combining some of the features of each ordinance. The committee report here with an ordinance as a substitute and recommend that the same do pass Respectfully J. W. Odell Wm. Means Lewis Hancock Committee Alderman Plath Chairman of the special committee of overn asked for further time as they were not ready to report. Further time granted. Alderman Crooker moved to suspend the regular order of business and take up an ordinance appropriating $2000 for street improvement as the ordinance had been referred to the Finance committee and they had not reported on the same Alderman Crooker moved that --- Page break --- 483 the committee be excused from making a written report but report verbally motion adopted. Ald. Odell reported in as much as the Finance Committee had reported an ordinance appro priating money to purchase horses carts and to build a stable that they thought best not to appropriate $3000. for other improvements. Ald. Hancock moved to postpone action on the ordinance appropriating $3000. for street improvement motion carried by the following Vote yeas Aldermen Schvield Wells Campbell Underhill Maas J.W. Robertson Odell G. L. Robertson Hill Platt Brush 10 Nays Aldermen Wells Campbell Driskill Crooker Platt Ervin and Brennen Sutton. Alderman Brush called up an ordinance amending Article 479 (1) of the revised ordinance granting privileges to the Austin City R.R. Co The ordinance was read second time the motion to suspend the rules, and read the ordinance third time was lost. Alderman Brush called up an ordinance amending article 174 sec 1 of the revised ordinance of the City of Austin in regard to fast riding and driving. the amendment provides that persons may drive on San Bernard street in a gait not to exceed twenty mile per hour and that by the words "gait faster than ordinary" it means a gait faster than ten miles per hour The ordinance was read second and third time under suspension of the rules and passed by the following vote. Yeas Aldermen Schwield Pillow Hancock Wells Campbell Underhill Maas J.W. Robertson Driskill Crooker Odell Carrington Geo L. Robertson Hill Platt Ervin Brush and Brennen Alderman Sutton come in and answered to his name --- Page break --- 484 Alderman Cocl for the Finance Committee offered an ordinance entitled an ordinance providing for the erection of stables and barns, and for the purchase of carts mules harness wagons scrapers, plows, etc. for the city of Austin and appropri ating $1000 for the same. The ordinance was read second time under suspension of the rules. Alderman Crooker moved to amend by striking out committee of three and insert street committee amendment lost. Motion of alderman Brush to strike out river work was lost. Alderman Hancock moved to amend section 4 by adding to the words "who shall be responsible for the preservation and good condition of the building carts etc." about innumerated. The amendment was adopted. The ordinance was read third time under suspension of the rules and passed by the following vote. Yeas alderman Schneider Hancock Odell Pillow Wells Campbell G.L. Robertson Hill Bush and Brennen. Nays alderman Crooker Carrington Platt and Erwin. Alderman Odell for the Finance Committee offered an ordinance entitled an ordinance providing for the purchase of feed for the City horses and appropriating $300. for the same The ordinance was read second and third times under suspension of the rules and passed by the following vote. Yeas aldermen Schneider Sexton Pillow Odell Wells Campbell Underhill Mays J.W. Robertson Driiskill G.S. Robertson Brush Hill and Brennen. Nays aldermen Crooker Carrington Platt and Erwin. The Finance Committee introduced an ordinance appropriating the sum of $17.989.40 for the hay roll for Feb 1884 and approved accounts. The ordinance was read second time under suspension of the rules. --- Page break --- 485 The ordinance was then amended by striking out $399.71 for D Anderson. The ordinance was read third time under suspension of the rules and passed by the following vote: Yeas Aldermen Schneider, Newton, Pillow, Hancock, Wells, Campbell, Underhill, Means, J W Robertson, Driskill, Crooker, Odell, Carrington, Hill, Plath, Erwin, Brush, and Brunnan. Alderman Driskill offered the following resolution Be it Resolved by the City Council of the City of Austin. 1st That the present City Marshal, H. B. Lee be and is hereby removed from office and that the office of City Marshal be and is hereby declared vacant. 2d Be it further resolved that John Chinnwill be and is hereby removed from the office of Sargeant of Police and that said office be and the same is hereby declared vacant. 3d Be it further resolved that all of the Police force now in the service of the City be and they are hereby removed and their several positions are hereby declared vacant. 4th Be it further resolved that the City Council proceed at once to fill the offices and positions made vacant by this resolution Alderman Pillow offered the following as a substitute Be it Resolved by the City Council that the City marshal has been derelict in his duty in not bringing before this Council and urging the immediate removal, of all Police officers who have failed to perform their duty as such. Resolved That he has laid him self pretty liable to censure for this failure to perform what this Council deem his privilege and duty and be it further Resolved That it is sense of this Council that no police officer will be retained in office who shows any disposition to antagonize or hampshire the marshal in the performance of his duty or fails to cheerfully cooperate with him in the discharge of the same --- Page break --- 486 Alderman Hays offered the following as a substitute for the resolution that in view of the suggestion contained in the communication received from the marshal and for the purpose of enabling the Council to require of said marshal a better organization discipline and management of the Police force of the City so as to meet the first requirements of the Citizens in a well organized Police force. That in the selection of members of the Police hereafter that the wishes of the City Marshal as to the removal of said force be consulted and taken into consideration by the Council. Alderman Brennen moved to lay both the substitute on the table, motion to table carried by the following Vote yeas Aldermen Sexton Hancock Wells. Briskie Crocket Carrington Heath Ervin Brush and Brennen 10. Nays. Alderman Schneider Peilow Campbell Underhill Mead J W Robertson Cuell H L Robertson and Hill 9. Alderman Brush offered the following resolution as a substitute for the resolution offered by Ald Briskill. Be it Resolved that a commettee of five Aldermen be appointed to act in conjunction with the City Attorney to inquire into the complaints against the City Marshal and formulate charges or articles of impeachment of said officer and that said officer be served with a copy thereof at least five days before time and that the same be heard by the Council together with the defence of said Marshal at its next regular meeting The resolution was adopted. His honor appointed as the commettee Aldermen Brush Hill Hancock Crocket and Underhill The following ordinances were read first time by caption and referred By Alderman Hancock for the paving on the gutter on the north side of Pecan St between Colorado and Lavaca St. to street commettee By Ald Brush regulatory the running at large of --- Page break --- 487 of animals, and creating a pound master, and defining his duties. To ordinance committee. By Ald. Haas Amending Art 307 section of the revised ordinances referred to street Committee. By Ald. Erwin appropriating $300 for unprovements on Pecan St. to street Committee. By Ald. Hill to prohibit, the abuse of telephone telegraph and electric light poles within the City to street Committee. On Motion the Council adjourned T. H. Purnell City Clerk