774 Regular meeting of the City Council Austin, Texas, March 16, 1903 Hon Th. H. Shelley, President of the Council presiding. Roll Called Present Aldermen Crooker, Davis, Kimm, Love, Maddas, Nitschke, Read, Schneider, Shelley, Shumate, Smith, Welch – 12 Absent Alderman Mortimer. On motion the minutes were approved as recorded in the City without reading. Petitions, memorials etc By the Chair: Memorial of the Good Government League Memorial of the City of Austin, containing charges against the City the Good Marshall and certain Police officers. Government On motion Judge Jas. H. Downs, President of said League League presenting was permitted to read the memorial. charges against Alderman Mortimer entered the Council Chamber. the Marshall After the reading of the memorial, Alderman Maddas certain Police moved that it be referred to the Police Committee and Reserved to City Attorney, with instructions to take immediate action Committee and to agree which motion prevailed. The Chair laid before the Council a petition from citizens of Pet. Citizens North North Austin, asking to have certain water mains laid. Austin to have The petition was read and on motion was referred to the Water Certain Water main and Light Commission. By Alderman Maddas – Petition of citizens regarding Plumbing Pet. Citizens Plumbing and Drainage. Read and on motion referred to the Water and Light and Drainage Committee. By Alderman Welch – Petition of citizens asking that a bridge Citizens for bridge be built across Waller Creek on 17th Street. Read and on 17th St. on motion referred to the Street Committee. By Alderman Maddas, Communication from Mr. Butten Mr Butten Road in regard to the Barton Springs road in South Austin Barton Springs Road. Read and on motion referred to the Street Committee. By Alderman Davis. Petition from Geo. A. Brush asking Citizens from Geo. that certain improvements be made on streets leading A. Brush asking to Peace Park. Alderman Davis moved that the petition be Certain improvements granted, and that the Street Committee and City Engineer on streets leading be directed to have the work asked for done. to Peace Park. Alderman Maddas moved as a substitute that the petition be referred to the Park and Street Committee with instructions to report at the next regular meeting of the Council. The substitute was adopted. Reports of City Officers. The Chair laid before the Council the report of the Assessor and Collection The Assessor and the Collector for the month of Feb. 903 which was on motion referred to the Finance Committee, without reading. Reports of Standing Committees --- Page break --- 775 Reports Bund Alderman Uaaddar for the Finance Committee to whom Finance was referred the reports of the Assessor and Collector, the Treasurer and the Cash for the month of Jany 1903, presented a report stating that they had been examined and found Correct. The report was adopted. Alderman Read on the Hospital Committee to whom was referred the reports of the City Physician for the month of Jany 1903, presented a report stating that they had examined Same and found it Correct. The report was adopted. Purchasing Alderman Shumate for the Purchasing Committee, presented Current Pr a report stating that they had asked for and received bids for implement- furnishing an Current price of implement for the City, and recommended for the City- that the bid of the Austin Wholesale Co be accepted. On motion the report was adopted. Also that they had asked for and received bids for furnishing drugs for the City Hospital and for prescription for paupers and received bids for medicines for paupers, and that of J.W. Graham for prescription for paupers and that of J.W. Graham for medicines for the Hospital. On motion the report was adopted and the Contracts awarded as suggested by the Committee. Purchasing on Alderman Shumate for the Purchasing Committee to whom resolution that was referred a resolution requiring City employes to pay their City employes to bills, presented a report stating that a similar resolution pay their bills had heretofore been passed by the Council, and therefore there was no necessity for the passage of this - They recommended that the resolution do not pass. The report was adopted. Unfinished business $1500. Stone The Chair laid before the Council an ordinance appropriating Culvert 5th the sum of $1500. for the purpose of building a Stone Culvert Nuceerts across Little Shoal Creek at the intersection of 5th Nuceerts The Ordinance was read the third time and passed by the following Vale Yeas Aldermen Low Maddax Mortin Nitscheke Read Schneider Meix Nays Aldermen Crooker Davis Hume Shelley Shumate Stumpff 6. New Business $1000. for By Alderman Nitscheke an Ordinance appropriating the sum Street work on of $1000. for Street work on Congress avc and between 14th Capital Congress 14th & and 19th Street The Ordinance was passed under 19th suspension of the rules by the following Vale Yeas Aldermen Crooker Davis Hume Low Maddax Mortimore Nitscheke Read Schneider Shelley Shumate Stumpff Meix 13 Nays none. By Alderman Stumpff An Ordinance regulating the printing of Election tickets in the City of Austin The Ordinance was passed under suspension of the rules by the following Vale Yeas Aldermen Crooker Hume Low Maddox Mortimore Nitscheke Read Schneider Shumate Meix --- Page break --- 776 Ways Aldermen Davis Schneider By Alderman Strumpf an ordinance ordering an election to be held on Monday April 6th 1908, in the City of Austin for the purpose of election of Mayor & other City officers. The ordinance was read the first time and on motion the rule was suspended and the ordinance placed on its second reading by the following Vote: Yeas Aldermen Crooker Davis Lowe Lladdox Mortimer Ritscheke Redd Shelley Shumate Strumpf Aulick - Ways None. // The ordinance was read the second time by Captain Alderman Shumate moved to amend same by adding at the end of Section 1 the following "Providing that if the pending Charter amendment providing for the election of a City Treasurer by the Council shall become effective before the printing of election ballots there shall be no election for City Treasurer and be hereby ordered." The amendment was adopted and after filling in the blanks fixing the places at which the polls shall be opened and the election held and the appointment of Judges and Clerks of election in each of the wards, the ordinance was passed under suspension of the rule by the following Vote Yeas Aldermen Crooker Davis Hume Lowe Maddox Mortimer Ritscheke Redd Schneider Shelley Shumate Strumpf AulickWays None 13 On motion City Attorney Brooks was excused from further Attendance at this session of the Council By Alderman Maddox an ordinance granting the Lone Star Gas Company the right to build a spur track of RR on Colorado Street etc The ordinance was read the first time, and on motion the rule was suspended and it was placed on its second reading by the following Vote Aldermen Crooker Davis Hume Lowe Maddox Mortimer Ritscheke Redd Schneider Shelley Shumate Strumpf AulickWays None 13 The ordinance was read the second time Alderman Maddox offered the following amendment, Amend by adding "Provided Said parties shall put the street adjoining Said tracks in good Condition to the satisfaction of the City Engineer and Streets Committee" The amendment was adopted and the ordinance as amended was passed under suspension of the rule by the following Vote Yeas Aldermen Crooker Davis Hume Lowe Maddox Mortimer Ritscheke Redd Schneider Shelley Shumate Strumpf AulickWays None 13 By Alderman Maddox An ordinance appropriating the sum of $2,500.00, for the purpose of paying most instalment of money due on Contract between the City and the Receiver of the Austin Electric Light & Power Co etc. --- Page break --- 777 The ordinance was passed under suspension the rules by the following Vote Yeas Aldermen Crooken Davis Kinne Maddas Mortimer Mitschele Redd Shelley Shumate Strumpf Veit 11 Nays none apprs for st By Alderman Lock An Ordinance appropriating the sum of $1085.30 for the purpose of paying approved accounts. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Davis Kinne Low Maddas Mortimer Mitschele Redd Shelley Shumate Strumpf Veit 12 Nays none By Alderman Maddas an ordinance appropriating the sum of $50. for the purpose of paying interest due prior to Jany 1900. on Vreden Light bonds 382. 383. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Davis Kinne Low Maddas Mortimer Mitschele Redd Schneider Shelley Shumate Strumpf Veit 13 Nays None. Exchauge bond By Alderman Maddas an ordinance appropriating the sum of $29. for the purpose of paying expressage & exchange on refunding bonds. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Davis Kinne Low Maddas Mortimer Mitschele Redd Schneider Shelley Shumate Strumpf Veit 13 Nays None. apprs for st By Alderman Maddas an ordinance appropriating the sewer dept. sum of $1799.10 for the purpose of paying approved accounts The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Davis Kinne Low Maddas Mortimer Mitschele Redd Schneider Shelley Shumate Strumpf Veit 13 Nays none Special Policemen By Alderman Maddas an ordinance appropriating the sum of $135.= for the purpose of paying Salaries of Special Policemen for the month of Jany 1903. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Crooken Davis Low Maddas Mortimer Mitschele Redd Schneider Shelley Shumate Strumpf Veit 12 Nays Alderman Kinne. Alderman Maddas moved that the City Marshal be directed to dispense with the services of one of the Special Policemen now employed, from this date and that the other be discharged at the end of the present Month, which motion prevailed. By Alderman Maddas An ordinance appropriating the sum of $140.= for the purpose paying the salaries of drivers of street teams for the remainder of the fiscal year --- Page break --- 178 The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Brooken Davis Kimmel Loud Maddox Mortiman Nitschke Redd Shelley Shumate Stumpff Welch 12 Nays none. By Alderman Maddox an Ordinance, appropriating the sum of $3250.⁰⁰ for the purpose of paying the salaries of Janitay employees for the remainder of the present fiscal year. The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Brooken Davis Kimmel Loud Maddox Mortiman Nitschke Redd Shelley Shumate Stumpff Welch 12 Nays none. By Alderman Maddox An Ordinance appropriating the sum of $27.772.⁰⁰ for the purpose of paying the salaries of officers and employees for the remainder of the present fiscal year The Ordinance was passed under suspension of the rules by the following Vote Yeas Alderman Brooken Davis Kimmel Loud Maddox Mortiman Nitschke Redd Shelley Shumate Stumpff Welch 12 Nays none. By Alderman Maddox An Ordinance appropriating the sum of $1350.⁰⁰ for the purpose of paying the Salaries of Aldermen for the balance of the fiscal year. The Ordinance was read the first time and a Motion made to suspend the rule and place it on its second reading, which Motion was lost by the following Vote Yeas Aldermen Brooken Davis Kimmel Loud Redd Schosboden Shelley Shumate Stumpff Welch 8 Nays Aldermen Maddox Mortiman Nitschke 3 On Motion the Council adjourned. Jas. O. Johnson City Clerk --- Page break --- (Adjourned Called Meeting of the City Council Austin, Texas, March 24th 1903 Hon. W.D. Seilers, President of the Council presiding. Roll Called Present Aldermen Crooken Davis Low Wadday Mortimer Nitschke Redd Schneider Shelley Shumate Walet - 10 Absent Aldermen Hume Mortimer Shumate - 3 Alderman Schneider moved a call of the Council which was ordered and the Marshal directed to bring in the absentees. On motion of Alderman Wadday the Roll was suspended. The memorial of the Good Government League was read. Aldermen Mortimer and Shumate entered the Council chamber. The preamble and resolution passed by the Council at the Called Session held on the 19th of March 1903, was read. Alderman Shumate stated to the Council that Maj. Littlefield who had been summoned to be in attendance this evening had informed him that he could not be on account of being sick. The Attorney for the defendants in this investigation presented their Trial of Marshal and Policemen answer. Alderman Wadday moved that the answer presented by the defendants be over-ruled - which motion prevailed by the following vote: Yeas Aldermen Crooken Davis Low Wadday Mortimer Nitschke Redd Schneider Shelley Shumate Walet - 12 Nays none The following named witnesses for the prosecution were then separately sworn and examined, Viz: E.J. Worston W.B. Samson T.P. Davis W.R. Rusk and W.H. Potts Wm. Campbell J.P. Hallam J.F. Williams J.M. Johnson Alderman Wadday moved that the Council adjourn until Wednesday March 25th 1903, at 8 o'clock P.M. Alderman Mortimer moved as a substitute that it adjourn until 8 o'clock P.M. on Thursday March 26th 1903 The substitute was lost by the following Vote: Yeas Aldermen Alderman Mortimer Nays Aldermen Crooken Davis Low Wadday Nitschke Redd Schneider Shelley Shumate Walet - 11 The motion to adjourn until 8 o'clock P.M. Wednesday March 25th 1903 was then adapted Jas. O. Johnson City Clerk --- Page break --- Adjourned Called meeting of the City Council From the Office Austin, Texas March 20th, 1903 Hon. H.W. Shelley President of the Council Presiding Roll called Present Aldermen Brooks Davis Low Maddon Mortinson Shelley, Shumate and Tumpe Absent Aldermen Kuno Mortensen Reda and Weir 2 Alderman Shumate moved a Call of the Council which was seconded and the Call ordered - and the Marshal ordered to bring in the absentees In the meantime Aldermen Reda and Weir entered the Council Chamber and answered to their names. On motion the Call was suspended. The following named witnesses for the prosecution, were then called, sworn and examined, viz H.A. True, Leo Litchfield, Joe Bowen, Walter Price Joe Johnson, Joe Dunlavy, John Moore, Wm Rankin Chas Rosensky, E.S. Ross, John Cook & M.A. Brunean Alderman Maddon moved that the Council stand adjourned until 8 o'clock P.M. Thursday March 26th, 1903, and that the Prosecution be required to have all of their witnesses present on that occasion, which motion prevailed by the following vote Yeas Aldermen Brooks Davis Low Maddon Mortensen Tribbecke Reda Schneider Shelley Shumate Tumpe Weir - 12 Nays none. Jno. O. Johnson City Clerk --- Page break --- 781 Adjourned Called Meeting of the City Council Austin Texas, March 26th 1923 Hon. W. O'Shelley President of the Council Presiding. Roll Called Present: Alderman Crooken Davis Lora Redden Ritsche Reed Schneider Shelley Shumate Strumpf Wulft Absent: Alderman Green Martinez 11 The Chair directed that the investigation proceed. The following named witnesses for the prosecution were Called, sworn and examined, Viz: Jim Story, Alex Gamels & Clyde Jones. The attorney for the Prosecution stated that they did not desire to introduce further testimony, and would close. The attorneys for the defense stated that they did not desire of offer any testimony. Mr. Rector then addressed the Council on behalf of the prosecution after which Jerry Pardell & Judge Dauf addressed the Council on behalf of the defendants and F. H. Gregory Esq. Closed for the Prosecution. Alderman Maddax Moved that the City Attorney be requested to give to the Council his Views as to the Whatover of procedure by this Council, which motion prevailed, and the City attorney, addressed the Council on the matter suggested. Alderman Schneider moved that the Council go into Executive Session which motion was lost by the following VoteYeas: None Nays: Aldermen Crooken, Davis, Lora, Redden, Martinez, Ritsche Reed, Schneider, Shelley, Shumate, Strumpf, Wulf- 12 Alderman Maddax offered a resolution as show the Council should proceed in voting upon the Charges in the memorial of the Good Government League, which was in effect to Consider and, act on the charges against the parties named seperately, beginning, with the City marshal. The resolution was adopted. Alderman Maddax introduced the following resolution which was read and adopted. Whereas, the investigation of the charges against the City marshal & Various members of his Police force has developed the fact that a large majority of poll Tax receipts issued to the Voters of the City of Austin and on which the right of such persons to Vote at the approaching City election will depend, were issued in bulk and without any apparent authority from the persons named in such receipts; and, Whereas, this Attorney General of this state has ruled that no person will be entitled to Vote at said election who did not either personally pay his poll tax prior to the 3rd day of January, 1903, or by authority conferred, prior to said date, authorize some one else to pay same; now, therefore, be it Resolved, by the City Council of the City of Austin, Trial of Marshal and Policemen Resolution regarding Polls at Election. --- Page break --- 782 That the presiding Judge at each of the Voting places in the City at the election to be held on April 6th, 1903, be, and is hereby instructed to Satisfy himself that the persons offering to Vote at Said election paid their poll taxes either in person, or by duly authorized agents within the time prescribed by law! And Such Judges are hereby further instructed not to receive the Votes of any person offering to Vote at Said election, if it should appear that Such persons did not pay, or authorize the paying of his poll tax within the time prescribed by law, Viz! At Some time prior to the 1st day of February 1903; and be it further, Resolved, That the City Clerk of the City of Austin Texas, be, and is hereby instructed and directed to Send to each of the presiding Judges of Said election for his guidance for properly and legally holding Said election a Copy of this Resolution. Alderman Davis moved that the Council now proceed to Vote upon the charges presented by the Good Government League against the officers mentioned in Said charges, which motion prevailed. Trial of The Vote was then taken on the charges against City marshal Montgomery Marshal and which resulted as follows: Policemen For Sustaining the charges Alderman Crooker Against Sustaining the charges. Aldermen Davis Lowe Maddox Mortimer Nitschke Redd Schmieder Shelley Shumate Struck & Ulith - // The Chair declared the charges not Sustained. The Vote was then taken upon the charges against Sgt of Police Owens and resulted as follows: For Sustaining the charges Aldermen Crooker Maddox Mortimer Nitschke Shelley & Shumate 6 Against Sustaining the charges Aldermen Davis Lowe Redd Schmieder Struck and Ulith 6. The Chair declared that the charges were not Sustained. The ballot was then taken upon the charges against Policeman Off Gibson which resulted as follows For Sustaining the charges Aldermen Crooker Uraddar Nitschke Shelley and Shumate 5 Against Sustaining Such charges Alderman Davis Lowe Mortimer Redd Schmieder Struck Ulith 7 The Vote was then taken upon the charges against Policeman R N Bustion with the following result For Sustaining Said charges Aldermen Crooker Maddox Mortimer Nitschke Shelley & Shumate 6 Against Sustaining the charges Aldermen Davis Lowe Redd Schmieder Struck & Ulith 6 The Chair declared that the charges were not Sustained. The Vote was then taken on the charges against- Policeman Pierce with the following result For Sustaining the charges Aldermen Crooker Maddox Mortimer Nitschke Shelley & Shumate 6 --- Page break --- 783 Against Sustaining Said Charges Aldermen Davis Low Redd Schneider Stumpff, Weih 6 The Chair declared that the charges were not Sustained. Alderman Davis Stated that in the investigation certain evidence had been produced against Policeman J.W. Bracken, and while no charges had been preferred by the Good Government League against him, he moved that the Council Vote upon the proposition of his guilt of the charges preferred against his brother Officers which motion prevailed and the vote was taken, resulting as follows: Viz In favor of Sustaining Such Charges Aldermen Crooker Maddax Ribschke & Shelley 4 Opposed to Sustaining Such Charges Aldermen Davis Low Mortimen Redd Schneider Shumate Stumpff Weih 8 The Chair declared the charges not sustained. The Vote was then taken on the charges against Jno McNamara with the following result For Sustaining Said Charges Aldermen Crooker Maddax Mortimer Ribschke Shelley & Shumate 6 Against Sustaining Such Charges, Aldermen Davis Low Redd Schneider Stumpff Weih 6 On motion the Council adjourned Jas. O. Johnson City Clerk Vote on the adoption of the resolution of Alderman Maddax, as to instructions to election Judges. was Yeas Aldermen Crooker Low Maddax Mortimer Ribschke Redd Johnson Shelley Shumate Stumpff Weih 11 Nay Alderman Davis 1 Jas. O. Johnson City Clerk