407 Minutes of a Regular Meeting of the City Council. Austin, Texas, Dec. 5, 1892. Hon. Henry A. Linn, President of the Board of Aldermen, presiding. Roll Call. Roll Call. Present Present- Aldermen Anderson, Assmann, Glass, Hume, Jackson, Ketchum, Linn, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Shelley, Sutor, Townsend, Warmoth — 18. Absent Absent- Aldermen Graham, Miller, Weyerman, Ziller — 4. Minutes adopted. The minutes of the meeting of the City Council which was held on the 21st day of November, 1892, were adopted as printed. Alderman Weyerman Alderman Weyerman entered the Council and answered Entered the Council to his name. On motion the rule which provides that "all bills Rule suspended as to which are not approved by the Committees at the bills not approved by hour of meeting shall remain over to the next meeting Com. of the Council," was suspended by a two-thirds vote of the whole Board of Aldermen. Alderman Morris moved that the Council take a Recess taken recess of thirty minutes for the purpose of enabling the Committees to approve bills. Carried. Alderman Hume At the Expiration of recess Alderman Hume was excused excused. from further attendance upon the session of the City Council and the role was again Called and resulted as 2nd Roll Call follows: Present Present- Aldermen Anderson, Assmann, Glass, Graham, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Shelley, Sutor, Townsend, Warmoth, Weyerman — 20. Absent. Absent- Aldermen Hume, and Ziller — 2. It was moved that Mr Neil McLashin be Neil McLashin requested to relieve the City Clerk temporarily from requested to act as clerk attendance upon the Session of the City Council in order to enable him to Complete the general appropriation Ordinance. Carried. Petitions, Memorials, Etc: Petitions &c The following petitions were introduced: From Geo. A. Brush: To the city Council of the city of Austin Geo. A. Brush Please find enclosed for sewer pipe two bills, one for a Car and one for part of a Car, relating to Sewer pipe which if for any reason is not paid at your regular meeting Dec. 5th, please let me know in writing the reason for not paying. It was referred to the Committee on Claims and Accounts. From Citizens of Austin: A petition requesting the City Council to prevent, by injunction or otherwise, --- Page break --- 408 citizens ask that the use of what is known as the Palm property for burial purposes. It was referred to the Cemetery Committee. By Alderman Ketchum: a petition from Geo. W. Warner asking the City Council to enforce the ordinance requiring the hitching of horses left alone upon the streets. It was referred to the police Committee. By Alderman Miller, by request: An account of D. W. Weaver against Louis Morris, colored policeman, bearing an aux. date of Feb 28, 1890, with a statement from Mr. Weaver to the effect that he had been unable to Collect the amount and, therefore, requests the City Council to Consider the matter and grant him relief. It was referred to the police Committee. Reports of City Officers. Reports of City officers for the month of November, 1892, were referred to the appropriate Committees without being read. Reports of Committees. Alderman Townsend, for the Police Committee, to whom was referred the city Marshals reports for the months of September and October, 1892, submitted reports thereon which state that the Marshals reports were examined and approved. The reports of the Committee were adopted. New Business. Alderman Anderson moved to reconsider the Vote by which the City Council at its last meeting adopted the following committee report: Austin, Texas, Nov. 21, 1892. To the Hon. John McDonald, mayor, and Board of Aldermen of the city of Austin: Gentlemen – Your Special Committee appointed to investigate property leased to a Company, then known as the Capital Ice Factory, for the purpose of Manufacturing ice in the City of Austin, beg leave to report, after Careful investigation, find that there is no such Company Existing at this time, nor has there been for several years, said Company having ceased operations as such for a period of five years or more, and not likely to resume as such in the future. Said Company having sold all the machinery from the premises, and Geo. B. Zimpelman is now Subletting said property for other purposes contrary to said lease. Your Committee would therefore recommend that Said lease, referring to the reading thereof, be declared null and void. (signed) R. Utter. W. J. Winter. The motion was adopted by the following vote: Ayes–Aldermen Anderson, Glass, Graham, Jordan, Morris, Newton, Nitschke, North, Schneider, Shelley, Tobin, Townsend. 12. Nays–Aldermen Ketchum, Winn, Miller, Platt, Sutton, Warner, Wyseman. – 7. --- Page break --- 409 Alderman Anderson then moved to refer the Committee report together with the petition therein referred to, also an Ordinance which was passed by the City Council on the 4th day of May, 1891, and which is entitled "An Ordinance authorizing the Capital Ice Company to use the premises on the river Walk in Austin, Texas, leased to it by the City December the 1st, 1884, for the further purposes of a tannery and general manufacturing business" to a Special Committee of three with instructions to take into Consideration the whole matter in every phase and report to the next meeting of the City Council. The motion prevailed and the chair appointed Aldermen North, Warmoth and Glass as such Committee. By Alderman Morris: An Ordinance Appropriating the Sum of $20,367.89 for the purpose of paying Certain expenses Connected with the Construction of the water works and Electric Light System for the City of Austin. It was read the first time, after which motions were made to suspend the rules and place the ordinance on its second and third readings and that it do now pass, each of which were adopted by the following Vote: Yeas—Aldermen Anderson, Assmann, Glass, Grahams, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Shelley, Sutor, Townsend, Warmoth, Weyerman.—20. By Alderman Morris: An Ordinance Appropriating the Sum of $5000 for the purpose of paying Expenses of the engineering department, the cost of clearing land to be submerged by the lake, the cost of releases from damage to land to be submerged and all other miscellaneous expenses Connected with the Construction of the water and light System. It was read the first time, after which motions were made to suspend the rules and place the ordinance on its second and third readings and that it do now pass, each of which were adopted by the following Vote: Yeas—Aldermen Anderson, Assmann, Glass, Grahams, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Shelley, Sutor, Townsend, Warmoth, Weyerman 20.— By Alderman Morris: An Ordinance appropriating the sum of $3660 for the purpose of paying the Salaries of officers and regular employees of the City of Austin. It was read the first time, after which motions were made to suspend the rules and place the ordinance on its second and third readings and that it do now pass, each of which were adopted by the following Vote: Yeas—Aldermen Anderson, Assmann, Glass, Grahams, Jackson, Ketchum, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schneider, Schuber, Shelley, Sutor, Townsend, Warmoth, Weyerman 20.— [Left Margin Notes:] To visit the Factory Special Committee on Same.. Dam $20,367.89 For paying certain expenses. $5000 to pay for sub- -merged land &c. $3660. for salaries of Officers & regular Employees --- Page break --- 410 Alderman Muston Excused Alderman Newton was Excused from further attendance upon the Session of the Council. By Alderman Morris: An Ordinance appropriating the sum of $1810.01 for the purpose of paying approved accounts. It was read the first time, after which motions were made to Suspend the rules and place the Ordinance on its Second and third readings and that it do now pass Each of which were adopted by the following vote: Yeas- Aldermen Anderson, Assmann, Glass, Graham, Jackson, Ketchum, Linne, Miller, Morris, Nitschke, North, Platt, Schneider, Schulsen, Shelley, Sutton, Townsend, Warmoth, Weyerman.–19. Street Com. to see Alderman Nitschke moved that the Street Committee and Superintendent two mules. of Streets be empowered to sell the two mules which belong to the City and are now in pasture. Adopted. Alderman Morris moved that the City Council Stand adjourned Adjourned until 8 o'clock p.m. Saturday, Dec. 10, 1892. Carried. Milton Morris, City Clerk. --- Page break --- 411 Minutes of an adjourned Regular meeting of the City Council. Austin, Texas, Dec 10, 1892. Hon: John McDonald, mayor, presiding. Roll Call. Present - Aldermen Assmann, Glass, Graham, Hume, Jackson, Linn, Miller, Morris, Newton, Nitschke, North, Platt, Schneider, Schulze, Shelley, Townsend. - 16. Absent - Aldermen Anderson, Ketchum, Sutor, Warmoth, Weyerman, Zilker. - 6. Election Com. appointed to canvass. returns. election Dec. 5, 1892. Alderman Linn moved that the regular order of business be suspended and that the chair appoint a Committee of three to canvass the returns of the City election held on the 5th day of December, 1892. The motion prevailed and the chair appointed Aldermen Linn, Morris and Hume as such Committee. A.H. Newton vs H.B. Hancock contest The mayor then gave the Board of Aldermen notice of contest filed by Alderman A.H. Newton from the eighthward, against the installation of Hugh B. Hancock as Alderman from the Eighth Ward. Alderman Linn, for the Special Committee appointed to canvass the returns of the election, read the following report: Returns 1st Ward First Ward- W.J. Sutor received 128 Votes. C.W. Powell received 139 Votes. Powell's majority, 11 Votes. 2. Ward. Second Ward- W.F. North received 90 Votes. 3. Ward Third Ward- Francis Fischer received 106 Votes. J.L. Wren received 93 Votes. Fischer's majority, 13 Votes. 4th Ward Fourth Ward- Thos. F. Taylor received 82 Votes. R.C. Walker received 73 Votes. Taylor's majority, 9 Votes. 5th Ward Fifth Ward - A. W. Townsend received 93 Votes. 6th Ward Sixth Ward- Chas. P. Raymond, received 147 Votes. W. H. Tobin received 140 Votes. Raymond's majority, 7 Votes. 7th Ward Seventh Ward- Jos. Nitschke received 323 Votes. Aug. H. Goebel received 23 Votes. Wm. Lochridge received 50 Votes. Wm. m. Sears received 109 Votes. Nitschke's majority 141 Votes. 8th Ward Eighth Ward.- (on account of notice of Contest having been filed the result of the election in the Eighth ward was not announced.) 9th Ward Ninth Ward- N.S. Platt received 159 Votes. J. Cummings received 39 Votes. J.S.L Cummings received 1 Vote. Platt's majority 121 Votes. 10th Ward Tenth Ward- W. A. Glass received 226 Votes. --- Page break --- 412 Election E. Campbell received 179 Votes. Glass received 124 Votes. Campbell's majority, 55 Votes. 11th Ward Eleventh Ward - N. A. Dawson received 85 Votes. R. Weyerman received 52 Votes. Dawson's majority, 33 Votes. Aldermen elect The mayor then declared W. P. Powell, W. H. North, Francis Fischer, Thos. I. Taylor, H. W. Townsend, Chas. P. Raymond, J. B. Nitschke, R. Platt, W. A. Glass and N. A. Dawson duly and Constitutionally Elected Aldermen of the city of Austin from their respective wards for the ensuing term. Roll call of The roll of the Aldermen elect was then called and the following Aldermen elect answered to their names: Dawson, Fischer, Glass, Nitschke, North, Platt, Powell, Raymond, Taylor, Townsend. The mayor Oath of Office then administered the oath of office to Each of them, after which they took seats in the Council. The roll of Aldermen was again called and resulted as follows: Present - Aldermen Assmann, Dawson, Fischer, Glass, Hume, Ligon, Miller, Newton, Nitschke, North, Platt, Powell, Raymond, Schneider, Schuber, Shelley, Taylor, Townsend.—19. Absent- Aldermen Anderson, Ketchum, Warmoth. - 3. Reports of Committee Reports of Committee Street Committee Alderman Hume for the Street Committee, to whom on Petition of Miss was referred the petition of Burut McDonald for Miss M. E. M. E. Brackenridge Brackenridge, along with for permission to erect an iron stairway on the south side and one on the west end of the First National Bank building submitted a report thereon recommending that the petition be granted. The report was adopted. Ordinance Committee Alderman North, for the Ordinance Committee, to whom was referred a petition from East Austin Hose Company East Austin Hose Co. No. 4, No. 4, requesting that lot No. 14, block No. 4, Outlet No. 4 division exempting Co. property "B" be dropped from the assessment rolls of the city for the from taxation for 1892. year 1892, as the same is used Exclusively for fire purposes, submitted a report thereon recommending that the papers in the case be returned to the Company with the suggestion that when the time Comes to Collect taxes, they make an application for an appropriation equal to the taxes, and that this report be also delivered to it. The report further states that the meritorious object sought will then be achieved and the Assessor and Collector's books, rolls and accounts will be kept Clean. The report was adopted. [illegible] report on Alderman North, for the Ordinance Committee, to whom Wire (fences?) was referred an Ordinance to prevent the Construction of barbed wire fences in the city of Austin, - reported adversely thereon and the report was adopted. Alderman North for the Special Committee appointed to [illegible] what action if any, should be [illegible] by the City to a portion of Shoal Creek [illegible] with [illegible] by the [illegible] Ice Company, and others, who reside in the vicinity of the Capitol [illegible] operate an ice factory. --- Page break --- 413 it being charged that the property is not now Lease to Capitan Ice Co, Consideration postponed leased according to the terms of the Lease, Submitted an exhaustive report concerning the subject, with the recommendation that no further action be taken by the City Council at present. The report was adopted. The following was then read: Austin, Texas, Dec. 10, 1892. To the Hon. Mayor and City Council of the City of Austin N. B. Hancock asks to be installed. Gentlemen- Having received a plurality of the votes cast for Alderman in the 8th ward at the Election of December 5th 1892, I respectfully ask to be installed as such alderman and that it be declared that no valid contest is pending for said office. 1st. Because no contest was filed within three days after the return of the result of the Election by the judges to your honorable body. 2nd. Because no contest was filed before the meeting of your honorable body tonight. 3rd. Because no notice of contest was served on me. Respectfully, H. B. Hancock. The following was then read: Austin, Texas, Dec. 10, 1892. H. B. Hancock, Esq. Sir- you are hereby notified that I will contest your right to be installed as an alderman of the city of Austin for and representing the Eighth Ward of said city, to which position you claim to have been elected at an Election held in said Eighth Ward on the fifth day of Dec. 1892, and at which A. W. Newton notice to H. B. Hancock of Contest. Election I was a candidate for such position. As the grounds for such contest I claim, allege and will prove that a large number of ballots towit: Forty five, were deposited at said Election with your name only on them, which said ballots were counted for you and all of which ballots were cast by persons not legally entitled to vote in the Eighth ward for alderman at said Election. That the names and residences of such persons so illegally voting at said election are at this time not fully known to me, but a list of same will be furnished to you in a reasonable time after I shall have had an opportunity to inspect the poll books of said election, which I cannot do until tonight. Respectfully A. W. Newton. Hearing of contest case of Newton vs. Hancock fixed for Thurs. Dec. 15th 1892. Alderman Simon moved that the hearing of the contest of the Election held in the Eighth Ward Dec. 5th 1892, be fixed for Thursday, Dec. 15, 1892, and to hear all and sundry testimony to be taken viva voce and in writing [illegible] [crossed out] [illegible] [illegible] in lieu thereof that the amendment was adopted. Alderman North moved to amend the motion made by --- Page break --- 414 Alderman Linn by striking out "Thursday" and inserting instead thereof "Saturday". The amendment was adopted and the motion as amended was Carried. It was then moved that the Council Stand adjourned until Saturday at 3 P.M. Adopted. Milton Morris, City Clerk. --- Page break --- 415 Minutes of an adjourned Regular Meeting of the City Council Austin Texas, Dec. 17, 1892 Hon. John McDonald, mayor, presiding. Roll Call. Present Aldermen - Glass, North, Platt, Cou... Powell, Schuher. - 5. Present Absent - Aldermen Anderson, Assmann, Dawson, Fischer, Absent Hume, Jackson, Ketchum, Linn, Miller, Stanton, Nitschke, Raymond, Schneider, Shelley, Saylor, Townsend, Warmoth - 17 Call of Council Alderman Glass moved a Call of the Council, which was duly adopted. The marshal was sent after the absentees. Call suspended The Call of the Council was suspended and the roll recalled, which showed the following; Second Roll call. Present. Aldermen Anderson, Assmann, Glass, Jackson, Linn, North, Platt, Powell, Schuher, Shelley, Saylor, Townsend, Warmoth. - 13. Absent - Aldermen Dawson, Fischer, Hume, Ketchum, Miller, Newton, Nitschke, Raymond, Schneider - 9. Aldermen Nitschke, Fischer, Raymond, Schneider and Hume entered the Council and answered to their names. Alderman North offered the following; Whereas a Contest in fact exists for the office of alderman from the Eighth Ward of the City of Austin; and, Whereas, the City Council Contest A.N. Newton is, under the charter of the City, the judge of such matters vs H.L. Hancock and of the procedure to be followed; Resolved, that the Contest is recognized to Exist and that the inquiries of this body Shall be Confined to the merits of the Case in the Manner of procedure following manner: in the contest. First - The Contestant Shall introduce evidence in support of the allegations of his Contest papers. Second- The Contestee Shall introduce evidence in his defense. Third- The Contestant may offer evidence in rebuttal Fourth- The City Council Shall then decide the Contest without argument of Counsel on either side. Alderman Platt moved to amend the resolution by striking out the fourth division thereof and inserting in lieu thereof "hearing argument of attorneys for Contestant and Contestee." The amendment was lost. Attorneys for Contestee Attorneys for Contestee objected to the passage of the obj. to the same. resolution while the attorneys for Contestant supported it. It was moved that the resolution be adopted and the motion carried. Alderman Newton Alderman Newton Entered the Council and answered Entered & answered to his name. to his name. Alderman North moved that the City Clerk be directed to open the ballot box of the Eighth Ward and to take --- Page break --- 416 therefrom the poll list and to disclose to the attorneys for Contestant and Contestee the contents of said list. The attorney for Contestee opposed the motion but it prevailed and was duly complied with in the presence of the City Council. The list so taken from the ballot box was then offered in evidence by Contestant. Q. A. Bone was called as witness by contestant and was sworn and testified. Alderman North moved that Counsel for contestant furnish direct evidence of illegal voting, after which contestee may offer evidence in rebuttal. Carried. Alderman Ketchum entered the Council and answered to his name. The following named persons were called by contestant in the order named as witness, and being sworn, testified: Willis Carpenter, A. H. Harrison, Jim Harrison, Jake Spivey, Jim Plush. A W Newton vs A B Hancock - Lauk to Contest Alderman North moved that evidence be confined to names of alleged illegal voters furnished by contestant to contestee and by contestee to contestant. Carried. W. A. Cato and Abe. Duncan were then called by contestant as witnesses and, after being sworn, testified. Alderman Glass moved to adjourn until 8. O.clock tonight. Proceedings had in Night. The contest ~~~~~ Lost Alderman Ketchum and Glass were excused until 8 o.clock P. M. Dec 17th 1892. By unanimous consent of the Council, contestant was given five minutes time which to confer with his attorneys. After consultation, contestant asked that further hearing of the contest be postponed until next Tuesday at 3. o.clock P. M. Contestee objected to postponement of the case. Alderman North moved, that further hearing of the case be postponed until next Tuesday at 3. o.clock P. M. The motion was lost. The following named persons were then called by contestant in the order named as witnesses, and after being sworn, testified; Ed Brooks, Albert Doyle, John Doyle, John Waynes, Monroe Hudson, James Laudes, George W. Conner, Allen Robertson, Willie Scott, Alex Veal, Albert Harrison. At this point, contestant rested his case. Alderman North moved that it is the sense of this body that the contestant has not made his case and the motion was decided in the affirmative by the --- Page break --- 417 following vote: Yeas - Aldermen Anderson, Aumann, Bocken, Neume, Brewson, Liene, Nitschke, North, Platt, Powell, Raymond, Schneider, Schubert, Shelley, Taylor, Townsend, Warmuth. — 17 Alderman Liene moved that Mr. N. B. Hancock be declared duly elected as alderman from the Eighthward, and that he be installed. The motion was carried, after which Aldermanelect N. B. Hancock came forward and took the oath of office. The Council then adjourned Milton Morris, City Clerk