San Antonio Daily Light

COUNCIL SESSION.

Routine Business Of But Little Importance- Mayor Pro Tem, Schreiner In the Chair,

After a rest of two long hot weeks, the city fathers yesterday again assembled in the council chamber to counsel among themselves for the welfare of the metropolis.

Everybody but His Honor the Mayor was there. They waited for him until 5 o'clock, but he never came in.

When the clock had struck that hour, Alderman Lockwood rose from his seat on the left and moved that the body go into executive session. This motion was carried and Mayor Pro Tem Schreiner, whose good humored countenance was seen at his desk after so many weeks of illness, took the chair.

Upon taking his seat His Honor ordered the minutes read which was accordingly done.

The minutes were adopted and the following

PETITIONS AND MEMORIALS

were read and referred to the respective committees with power, if necessary to act upon them:

G.F. Scharfenberg, J. M. Taylor, Mrs. M. M. Murphy, Paul Magadieu, Albert Maverick. J. T. Brown, E. A. Giraud. A.J. Fry. Denman & Frank. lin attorneys for G. E. McKeely, Mrs. R. Rose. F Greenwood.& Co.. Frank Howard. Vinton James. Chas. Graeb ner and wife and A. A. Gray for correction or reduction of assessments.

Frankel & Hayden, to construct a cess pool corner Main and Park avenues.

Frankel & Hayden to construct a brick cess pool on property of R. A. Arthur in block 4, west side of Main avenue.

Thomas Rafter, for permit to erect a lumber privy on Matamoros street.

W. O. Bray. for permission to put in a lumber privy vault, lot 10, block 6. Smith street.

J. W. Bundren, for permission to put in a 12 horsepower engine on his premises, corner Garden and Nueva streets. for operation of machinery.

J. W. Bundren. to construct a retaining wall of cypress logs along river bank, in rear of his premises, corner Garden and Nueva streets.

J. R. Ransom, to erect an iron warehouse for storage of illuminating oils, southwest corner of Buena Vista and Salado streets.

Waters, Pierce Oil company, requesting permission to erect a warehouse for storage of oil, petroleum, etc, on railway reserve, between Monterey and Matamoros streets, ward 3, submitting plans and specifications of proposed structure.

San Antonio Gas company, to erect a line of poles on Guenther and Adam streets and Crofton avenue for electric light purposes.

San Antonio Gas company, permit to erect 6 poles between Avenue D and Fifth street and Avenue C and Sixth street.

W. S. Hadley, J. G. and Caroline Marshall. requesting that certain streets in Keystone Park and Beacon Hill addition be opened up for the benefit of themselves, purchasers and contemplating purchasers of property in a subdivision made by the aforesaid parties.

F. H. Baldwin, G. W. Russ, et al., owners of block No. 14, Three's first addition to the city, requesting that an alley in rear of same be closed for their convenience.

J.W. White, offering to compromise his suit vs. the city, for the sum of $2500, injuries sustained by his wife at Southern Pacific railway crossing upon Pine street.

Potter & Spelman, to put in a 1 1-2 horse power engine at No. 15 South Alamo street, without brick protecting wall.

This business having been disposed of the council went into executive hearing and the following were handed in under the head of

REPORTS OF OFFICERS:

The city engineer reported that it would cost $36 to keep clean from scum that part of the river just north of the Commerce street bridge.

This report was received and on motion of Lockwood an appropriation was unanimously made for the purpose. Another report, regarding the testing of the Crockett street bridge, was received from him and adopted, as follows:

"Hon. Mayor and Committee on Streets and Bridges:

"Gentlemen:-I beg to report that the Crockett street bridge was inspected and tested yesterday. I find that all the requirements of the contract are complied with. The result of the final test made June 14th is as follows: Bridge light, 7.29; 12 ton roller; 7.295; 15 ton roller, 7.31; 2 rollers, 7.315, showing the deflection of the bridge to be under live load, 0.025 or very near 1-4 inch."

Very Respectfully,

Paul Pretzer, City Engineer.

City Attorney Oscar Bergstrom sent in another report regarding occupation taxation. It read as follows and was ordered filed as read.

San Antonio. Tex., June 20, 1892.

To the Honorable Mayor and Board of Aldermen:

Gentlemen--Heretofore I submitted to you my opinion as to the power of the city to tax occupations not heretofore taxed by the state, particularly with the reference to the occupation of operating street railways and telephone lines. The opinion as then given was based upon the decision of the court of appeals, in which that court held that the provision of the constitution limiting the power of municipal corporations to levying occupation taxes to only such occupations as were taxed by the state and limiting the amount thereof to one-half of such state tax, did not apply to municipal corporations having a population of more than 10,000 inhabitants, and incorporated by special act of the legislature granting to such corporation the special power to levy an occupation tax upon all occupations, the constitution specially providing that such cities may be incorporated by the legislature with special powers not given to cities of less population.

Since that time, however, in the case of William Hoefling & Son against the city of San Antonio the supreme court has overruled the decision of the court of appeals and holds that the provision of the constitution limiting the power of cities and towns to tax occupations, to such occupations as are taxed by the state, applies to all municipal corporations, whether incorporated by special act of the legislature or by general law. and as the supreme court can be the final arbiter of the validity of every occupation tax imposed by the city. I am therefore of opinion that every occupation tax imposed by the city of San Antonio, except one-half of the amount levied by the state, is void and of no force or effect. This, however, does not cover or affect the power of the city to levy a reasonable license fee for regulating such matters or occupations as affect public rights or the public health.

Upon such question I will send to the council a further communication as soon as the same can be prepared.

Very truly yours,

Oscar Bergstrom,

City Attorney.

REPORTS OF COMMITTEES.

Finance-The report of the expenditures of the city for the month of May were examined and found correct.

Streets and Bridges-Petition of citizens to compel Martin & Schryver to move an obstruction, in the shape of a shed at the corner of Hayes and Walnut streets was granted.

Fire and Fire Limits-J. W. Bundren to put up an engine on Garden street, granted.

F. A. Taylor to put in 6 horse power engine on Avenue C, opposite fire company No. 2 to propel hobby horses. Granted.

Rev. C. C. McLean. to erect an awning from residence to stable. Granted.

W. W. Teel, city veterinary surgeon, was received and found correct.

Ditches and Irrigation-Dr. Oldham's report on the condition of San Pedro creek was received and adopted. It stated that the creek was in an extremely filthy condition being filled with all kinds of rubbish. decaying vegetables and other dirty stuff; that it needs cleaning from Marshall street down. In connection with this Alderman Weber introduced a resolution that the ditch commissioner of the west side be ordered to clean same, which was adopted.

The report of the ditch commissioner of the east side was found correct and ordered filed.

Assessment-H. R. Abbey was granted one month's time in which to pay city tax. The following petitioners had their assessments corrected as follows:

Aug. Kuehne, note for $2,000 charged to E. D. L. Wickes, note for $1,000 charged to C. C. Thomas; R. Fried rich, note for $2,000 charged to E D. L. Wickes, note for $1,500 charged to A. Leroy; Mr. and Mrs. J. F. Sweeney, taxes due on notes for $2,251 assessed to Moses Baumblatt; Mrs. A. Mondrau Morisset, value of three acres deducted from assessment, as there is a judgment against her in court for this possession of the same; C. M. and Elizabeth Bruce, taxes on vendor's lien notes for $1,200 deducted, as they had been transferred; E. Dittmar, assessment of building reduced $250, assessment of piano reduced $100, taxes reduced $54.85; J. R. and M. Tuttle, value of horse and buggy deducted from assessment, value of note not deducted as petition does not state to whom it was transferred; A. F. Dignowity, assessment on lot 2, block 2. original city lot 135, deducted, as it was sold prior to assessment, assessment on building permit, $600. deducted, as building was not erected.

Some of them, however, failed to please the committee and will have to put up. The unfortunate ones are E D. L. Wickes, Maria Wryzsez, J. N. and H. S. Groesbeck, L. J. Gembler, Henry Koerber, H. L. Benson, J. P. Cruger and H. Steinmayer.

Police.-Assistant Market Master Charles Schreiner. for striking a prisoner while in his care, was found guilty and the committee recommended that he be dismissed from the service. Adopted.

Gas and Water.-Several petitions for water mains were granted. Several were not granted.

Market.-The market master's report for May was found correct. H. D. Spencer was granted permission to put gondolas on the San Pedro lake under condition that he pay the city $25 per year in advance. for light boats, and that he keep the lake clean.

Telephone and telegraph-Edward Brogden's petition to paint street car poles in front of his shop as a barber's sign was refused.

The San Antonio Gas company was given leave to erect poles on several streets.

Building-$180 were appropriated for the purpose of erecting ornamental sheds for the protection of the horses of the police.

UNFINISHED BUSINESS.

An ordinance providing for the taxation of bill posting was laid over until next meeting to hear the city attorney's report.

An ordinance granting a charter to the San Antonio District Messenger company was read and put under the rule. It provides that the company shall not charge for their boxes for the first year more than $1 per month, and not over $6 per year afterwards. That they must put in boxes at police station, at the company's expense: that when any alarm of fire or burglary is turned in to their central office, they must immediately inform the police and failing to do so the charter will be overruled.

NEW BUSINESS.

Under this head the following communication from City Engineer Paul Pretzer was heard by Alderman Gregory; which was adopted and $7,175 was appropriated for that purpose.

SAN ANTONIO, June 20, 1892.

Honorable Mayor and City Council:

Gentlemen-In reference to complaint of property owners, relative to the unsanitary condition of San Pedro creek, caused by different sewers of closets and waste pipes draining into it, I would state that the only remedy I see for same would be:

First, to clean thoroughly the creek of all foul and decaying matter; then lay a sewer pipe in bed of creek and compel all sewers now running in same to connect with sewer, said main sewer to be used as a separate system only, no storm water to be allowed to enter same, the size of pipe to be 15 inch south of Houston street. North of Houston street the size of pipe may be reduced. Distance from north side of Houston street to Arsenal street, 2,950 feet. The thorough cleaning of the creek for that distance will cost $1,200. The pipe laid in place including all such as manholes, lamp-holes, etc., will cost about $1.50 a lineal foot. Total for that distance, $5,925. Total with cleaning, $7,125.

Admitting that the present sewer pipes now discharging into creeks do not require the large sized pipe that is specified in the above, I am of the opinion that what we do now should be done so that in later years, in case a sewerage system is constructed, the work done now could be made part of same and the money expended would not be wasted. I would respectfully call your attention to the fact that in most cases where your honorable body has permitted waste water connections to be made to river, ditches, creek and public sewers, the privileges allowed have been abused by parties connecting their water closets to same. In case your honorable body should give this your favorable consideration I will state that the within estimate is based only from Houston to Arsenal streets, and if the water above said sewer is polluted it will be of little benefit. Therefore strict attention will have to be paid to prohibit persons from defiling the water above said sewer.

Respectfully submitted,

Paul Pretzer,

City Engineer.

Another resolution by Gregory was adopted, as follows:

Resolved-That his honor the mayor cause safety bars or gates to be placed at the West Commerce street crossing of the I. & G. N. railway; the Burleson street crossing of the G. H. & S A. Ry. and the South Flores street crossing of the S. A. & A.P. Ry., and with this end in view, and the construction and expense to be borne by the railway companies.

His honor is requested to promptly address Mr. T. M. Campbell, receiver of the I. & G. N. Ry. company. and also the highest local authority of the G. H. & S. A. and S. A. & A.P. railway companies.

By Gregory, that the mayor cause to be made estimates for the purchase of one hundred iron settees for the city parks; adopted.

By Gregory, that he be allowed 90 days leave of absence; granted.

By Guerguin, that Assessor Frasch be allowed an extra man in his office for two months at a salary of $75 a month, and that $150 be appropriated for this purpose; granted. This makes three extra assistants the assessor has been given at the expense of the city.

By Lockwood, that the San Antonio Street Railway company be ordered to repair paving at corner of Losoya and Houston streets. Adopted.

By Lockwood-That the city attorney draw up an ordinance prohibiting

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the hitching of horses on Main avenue, between Veramendi street and Main plaza. Adopted.

By Guerguin—That the San Antonio and Aransas Pass railway be ordered to make crossing at Laredo and Leal streets. Adopted.

By Muth—That across the foot of St. Mary's street the city engineer be ordered to put up a fence. Adopted.

The following new water mains were ordered laid:

Mason street, between North Flores and Upson; Adams, from Laredo, two blocks south; San Fernando and other streets in vicinity; Lamar or Burleson, from Olive to settlement east of Smith's store, and in Woodlawn subdivision.

By Connor—That we adjourn. Adopted.