San Antonio Daily Light Newspaper Archives Jan 5 1886, Page 4

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San Antonio Daily Light (Newspaper) - January 5, 1886, San Antonio, Texas 3jhc a buy Light. L0 Jai news. Tuesday january 5. 1886. Items of interest and business As heard streets. On mexican curiosities at Paul Wagner a Bazaar. Oscar bbjm38thom. T. B. Okay. Bergstrom amp Gray undertakers funeral directors a Trenyi Mairm livery stables amp Hacks connect Efi to news no. 10,11, 12, Roll in. Undertakers Oitice 24 ilium Street time stables opposite Mendrer hotel. Bodies embalmed and shipped All Points in th., Union. Only White hearer City. Open Day and night. Tel. Ii Cutter f Mullaly. Than sep line. Livery feed and Sale stables undertakers an 1� fun eral directors 42 anti 44 a l Imo Plaza san Antonio Texas. I w special attention ii pc ii to forwarding bodies to nil parts of flu United states. Tele phone comic Tion. T ails attended Day and night. Tyllo by powder absolutely pure. Tils powder never varies. A Marvel it Puri strength and wholesomeness. More economical than Ordinary kinds and can not be so <1 in Competition with multitudes of Low Tea Short weight Alum or phosphate powders. Sold Only in cans. Koyal baking powder company iou Wall Street. New York Diamond King. Or. Light Hail continues to draw Large crowds Aud treats Many diseases publicly in a apparent skillful manner. He will remain in pity several Days yet. After which his Many remedies can be obtained at leading drug stores of this City. It Garrison re opens. La. Garrison burned out Painter no in East Houston Street has re opened with an entirely new Stock of paints oils varnishes and Glass. Satisfaction in goods guaranteed anti at prices to defy Competition. 12-23-1 tit s atoned Cord Wood delivered at any place in ally. Apply Corner of Starr and Chestnut streets or Telephone no. Of. 4 2- -3m Why go ragged and dirty when you can get your clothes dyed or cleaned fur Little Money at ii. Wolf s steam Dye works rear of fashion theatre on san Pedro Cleek 13- 8-1 in. Assignee s notice notice is hereby Given to All persons having claims against f. Sheets lately doing business in san Antonio Texas to present same with vouchers duly Verl led to subscriber who was on dec tiber 3,1885, duly appointed Assignee for Ben tit of creditors of said f. . , 250 West Commerce Street. San Antonio Tex., dec. 14, 1885. 211 a Good breakfast. Mrs. 8. Buy it announces to Public that site is prepared to serve through whole christinas week finest breakfast at lowest rates such us roast pig baked Turkey and ult kinds of cakes served with Coffet stand it my Market in left Corner. It there is not Bing that adds so Uii Ieli to per Mina Beauty As la set of Pearly White Teeth and pure Sweet breath by Teet h mid to urns Are kept in perfect Orde Aud a fragrant breath assured. Only go Cut ii Box. Liquid amt powder. For mile by f Kut Toyer amp son. For Sale at a bargain of sold this month a Lindy improved property. Inquire on premises 41 South Street fourth Ward. 1-4-tf a several cases of measles Are in town. A mexican Dollar Are Only Worth 75 cents in san Antonio. A at present there Are i prisoners o to fined in county jail. A Vance will Case is still on trial in Hie District court this morning. A Public schools re opened yester Day after Holiday vacations. A Good woman Cook wanted by mrs. Ii a i la42 Goliad Street. L-4-.�?~lt a a Large Quantity of Cotton was shipped by deniers Iii this City yesterday. A ground was broken yesterday for new additions to Star brewery. A or. Tyner s buggy was considerably smashed in a runaway yesterday afternoon. A of you would be successful in business Call on professor , it Central hotel. I-4-4t largest and Best selected Stock of clothing Ever in this Market. Lo-2-3m fan coast amp son. A one of Hie a inn it pox patients is reported to have died last night at Hie pest House. A professor i. Mcmullen tile Blind Phreno Logist of 44 years experience at Central hotel. I 4 i t a a very Large Stock of fall and Winter underwear. Prices right. Lo-21-3m Pancoast a son. A our Mary Ann was cured of cough by red Star cough cure. On a Quarter. No opiates. A a a teen to Briseno aged nine month tiled yesterday in second Waul from cholera inf Antum. A there will a tinting of ladies hebrew benevolent society tomorrow afternoon at 4 of clock. A be sure you Are right then go ahead. All on professor Mcmullen at Central hotel and lie will put you rigid. L-4-4t Dunlap hats. Lyons 1 umbrellas. And very Best makes in Fine furnishing goods at Pancoast a son. 10-2l-3m a i Stii Nonias of ability and correctly is from Ablest men of age Are furnished by professor Mcmullen. 4�?it a a negro cutting scrape occurred St St. Hedwig. Perkins Cut Throat of u negro named Celeste but doing no in ined Inte fatal damage. A bring your children and have professor Mcmullen put them on right path in life. Will also Call at residence when requested. I-4-it a a Constable from Laredo became drunk and boisterous last night and was run Iii by tile police. It he contributed $5 to City fund this morning. A Alderman Fritz Schreiner bag most Beautiful and Complete collection of living Cactus in Hie City at his residence on North Flores Street. A if you want to buy or sell any kind of Stock or real estate go to Chavez Morin a Mateo. South Flores Street. I hey will Deal squarely. I 2-tt a More than usual number of visitors were present at City Council meeting yesterday and there were chairs in chamber to accommodate them. A will Whitworth and c. A. Francois fought last voting on military Plaza Over an old quarrel. Francois was tined $5 by recorder and Whitworth w As dismissed. For heat to desirable tenant House of six rooms on Grayson Street fronting government Parade ground. For terms apply to Henry Laager. 273 Commerce Street. L-4-3t a some 15 new members were admitted to membership in Madison Square Presby Terian Church inst sunday making Over 20 additions of membership recently. A a wire sheep Fence stretched along ditch nearly in front of Southern hotel last night caused Many an oath to escape from Hie people who ran against it in Lite dark. Do not forget to e ancient order of hibernian a Ball wednesday evening. January <5. At Casino Hall. Music by Mcallister a band. Tickets for Sale at Lames Clarks. 405 East Houston St. St �?chave/., Morin amp Mateu have taken Barge of Ute Stock Yard on South fiores Street South of military Plaza where they will do a commission business buying and Selling All kinds of Stock. 12-9-tf a Captain Joe shely arrived in City this morning from Rio Grande Border. He reports everything in those parts As quiet. He leaves this evening on a business trip to Western new Mexico. Major i. N. Bash United states paymaster is preparing to Start for fort Clark and other Frontier posts As fur As fort Davis on his periodical paying trips that always brings gladness to Soldier boys. A a a Shiner a Corral a where Small pox was first discovered recently is not at Shiner s pasture As Many suppose but is a collection of mexican huts on East Side of South Laredo Street near Nueva Street. A a Large delegation of stockmen from this Section it is said. Will attend tile approaching state association Whit it meets at Austin on Lith. A Good Many interesting questions concerning stockmen of this Section will come up. A i Kiltie Gardner Aud Nellie Howard two of Demi Monde got into a Hack late last night and a Hurrah town. They were very abusive to toe officer who arrested them and in court this morning Lillie was very pert and saucy cases were continued. A or. Augustus Kolt who has completed Bis Tine Birds Eye View of san Antonio left yesterday evening for Bis Home in Kansas City to. He will re turn in March to deliver Bis work to subscribers. President Lott of Arkansas pass railway was a subscriber for 12 copies. A Hattie Baxter a Given Bond for her appearance before tile grand jury my has now made affidavit against two Young men. Boti sad Frank Fuller charging them with theft of $120, part of which sum she is accused of having stolen from Man Mcgee fill tors Are said to be in Galveston. And if so will be arrested there. Water works contract. Tho lengthy opinion of City attorney. H3 holds that existing contract is All right and binding on part of City. Tattle Hon. Bryan it Al Laghai mayor aint Board of aldermen to ii . In a re a tuition j adopted by your honorable Lindy requesting my opinion As to Validity of contract existing Between City of san Antonio and. The san Antonio wat or works company i j Ham tile Honor to submit follow Ina As my views after Cit Ilia original Cor Root and Hie subsequent contract opinion continue it was Tim evident intention it City government and of water works company and their respective attorneys that Mueh mooted question a to Validity of waterworks contract should be definitely settled try Compromise and modification it Hie original common and it has been suggested that decision of court Iii ease Hereinbefore referred to would preclude City from now enquiring into Validity of contract. I eau not concur in this View. It Isa Well established Rule of Taw. That a judgment of a court of competent jurisdiction is conclusive Aud binding upon parties As to All Points directly involved or necessarily determined by it until same tie reversed or vacated. But Hie principle by which judgments Are lied conclusive upon parties Nap ii res i hat i lie Rule should apply Only to that which was directly Iii Issue and not everything which a incidentally brought into con fro Ersy during litigation. Morton is. Hamilton 20texas, hot. So in Cook is. Burton. 45 Tex., of. It was eld. A that in order that a former judgment humid operate an estoppel on rights asserted a second action it is essential thut Issue in t in second action upon which former judgment is brought to Bear was a material Issue in first action necessarily do. Refined by judgment therein and that former judgment was upon its merits. So Iii Girardin is. Dean. 40 Tex. 243, it was held that a applicability of plea res adjudicate depends upon identity of Mise of action or matter of defence in Issue my not Tim identity or similarity if Points or grounds urged to support or maintain action or Tim Ter of a reference to petition in tile ease of tie water works company is. Tile City it i i seen that suit was brought for tin rent f tire hydrants used by e to and not to it Force a contract and while City pleaded. A matter of defence thereto Hie invalidity f contract it was not necessary to determine Iii t Fiat Uit whether contract a Abd or invalid and so far As liability of he City for rent of hydrants was Cott erne Issue raised was not material it having used tire hydrants was capped from setting up a a matter of defence invalidity of tin contract amt became liable for reasonable value of use of mime Independent of contract. This univ seem at first Blush to contravene Hie Rule Laid Down Iii Ireene Sbrice s i it in ires 2nd ed., path to Tik a that Mere aet that a corporation has received theron Ler ution of or otherwise Der vial Benefit rom. A contract Ultra Vires does not involve it in any liability upon such contract a Butin Field on corporations Sec. 273, following is deduced As it conclusion from in extended examination of authorities on Iii subject a better doctrine would seem be hint where u contract Ultra Vires has been made by a corporation Aud it has recited full consideration and appropriated me same so that it cannot be restored and lie other party placed in state quo and especially where no objection is interposed on he part of those who might have made it. The Irp oration will generally be bound try on tract same As a natural in Hitchcock a s. Helveston Tai is 34, it Connell of Galveston inn contracted with Hitchcock Aud others for construct Ion of train sidewalks to be paid for by Issue of Ity lanais. After work was partly per ruled City Council stopped Hie work Ami prevented its completion. The action was for this breach of contract. It was objected that by reason of supposed w ant of Power to Issue Bonds i he entire Coni tact was void and no action could lie maintained for a breach thereof. The supreme a our of t cited states held that Tim City was liable to extent of work actually performed under contract even though it Tad to lawful authority to Issue Bonds nil in discussing subject said a it is Slough for plaintiffs that City Council have Power to enter into a contract to improve id Wulk that such a contract was made with them that under it they have proceeded o furnish material and do work As Well a a Astone liabilities thai City has received and horses mules and wagons at audion. Every morning it to o clock Sharp com int be lug wednesday. December 24. Come every body you Are All invited. On military Liszt Ift front of Southern hotel. 12-23 in 8. M. Wha it n. Personal. Major pm. Born route agent of Wells Fargo a co s express is in City. Miss nettle Lockhart la at present vis iting her Friend miss sum stray Horn in Austin. . Weems and j. R. We Rumson of Han Marcos Are at 8t Leonard hotel. Or. John t. Wilson came in from Sabinal yesterday and is stopping at Southern. Messes. M. M. And Augustine gon /.ales, of Daltilio. Mexico Are it Southern. Or. And mrs. Nettleton relatives of major in b. Adams left this morning for their Home in new York after spend ing some weeks very pleasantly in san Antonio. Captain j. U. Ballance u. S. A., act lug judge advocate has been detailed As recorder of retiring Board instituted by paragraph Xiv special orders no. 290, if85, now in Josh Benefit of what they have done Ami furnished and that for these tilings it it promised to pay and that after receiving he Benefit of contract City has broken t. It matters not if Hie Promise to pity was in mods not authorized by Law. Of payment can not be made in Bonds because their Issue is Ultra Vires it would be sanctioning rank joust ice to hold that payment need not lie made it so in ease of City of East St. Louis is. He St. Louis Bis Light and t Oke company wills., 415 which was an action for Money claimed to be due for Gas Light furnished City of fast St. Louis and in All Dity of contract was set up As a de lense thereto court says a general tile applying in such cases is that where a a arty lets accepted and made disown la Nett of a contract he buses mapped himself from Lens ing in courts Validity of in Trumen by which these Benet its came to passing from question of res adjudicate xviii now discuss different provisions of contract and authority of City. Under its charter to enter into it. There seems to be an idea from what i have heard on this subject that courts of equity will always stand Between citizens and Imine pal authorities to shield them from abuses and extravagant actions. This i take it. Is not me of tile functions of courts. Quot it is one of incidents of popular government Quot says judge Campbell Ina recent Case Quot that people must Bear tin con be Lue nees of mistakes Cit their representatives. No court can save them from this experience. It is one of modes of teaching necessity of choosing proper servants and being vigilant to obtain reforms from abuses. The discretion which is necessarily vested in Public functionaries cannot tie reviewed byline one else of they go beyond Range of Power Given them a ease arises for interference of judiciary authority to keep them within lines bounding their Agency. A Putnam it Al. Is. Crand Aphis vol 25, no. 2 Northwestern reporter p ct2. Consent gently question of impropriety of making contract cannot be considered in determining its Validity or invalidity. Tile question is simply one of Power not of Wisdom of contract violates charter it is invalid. If not it is valid and must stand. Quot every City charter is enacted Aud intended for permanence and in View of both extended Bounds mid growing populations. It usually leaves a wide Range of discretion in Choice of Means of promoting Public Aswell As private convenience. It does not require Community to be deprived of Comfort Ami convenience of new inventions and improvements and it usually docs not restrict it to atty Way of obtaining first question that presents itself is whether City of san Antonio was authorized under it charter to contract with a private corporation to Supply City and its citizens with water. It is a general urn undisputed proposition of Law that municipal corporations can exe Riat following Powers Viz 1st. Those granted Iii express words. 2d. Those fairly and necessarily implied or incident to Powers expressly granted. By. Those essential to declared objects of corporation not simply convenient but indispensable. 4th. All Powers within fair intent and purpose of their creation which in reason ably proper to give effect to Powers expressly granted. Will Ains is. Davidson Iii Tex., p i i Dillon on mimic Cor a note on p. It4. Again while actions of municipal corporations Are to be held strictly within limits prescribed by their Charters yet within tiles units they ate to be favored. Bowers expressly granted or necessarily implied ate not to be Defeated or impaired by t St l in Cut construction. Cooley on const lim., p. So. I Dillon Mutt Cor., p. 1t4, and note p. It Smith is. Madison,., is Kyle is Martin h ., it. Tucker is. Nevada 4 Nev 2u american Cor. Cases p. To. Ender a Power conferred by legislature upon u municipal corporation a Quot to make All contracts in their corporate capacity which they May deem necessary for welfare of corporation under Constitution a a it is held unit they have right to make a Eon tract for construction of water works and May Levy a tax to pay for them. Home is Cabot 20 a. 50 Section 4 1 of City charter empowers mayor Aud a try Council Quot to provide City wit la water to make ngnuv4.�,un4c-Thbljsti Public Wells pumps cisterns fountains Zirri Guiou and draining ditches hydrants and reservoirs in streets or elsewhere within City or beyond limits thereof for extinguish ment of tires irrigation of Hinds Anil Eon vet lie Nee of citizens and for draining off surplus water and to make estate Misli Hud regulate All irrigation and Drain ditches Aud have entire control of same and to compel parties be be tit cd by same to Pax a mounts which May be assessed against them to defray their proportion of expenses incurred in making or constructing same or Iii keeping same Iii repair such proportions May lie fixed by it May i a claimed that Flowers conferred in this Section of Lite charter an legislative and governmental and is such Are incapable of delegation. If Section were subject to tins construe Hon. There would to no question As to invalidity of la contract nut it is difficult for Tut to see Hon this provision can is held to confine Lite Cliv to such methods of acquiring wider for Public or Domestic use As to require Lite City to own or operate water work in w Hole or in part. Iii conjunction Xiv if Power to provide i he City with in ate a Etc., i Ity of san Antonio is Given Power by its charter to site Aud in sued Ami to make All necessary Eon tracts Etc. It will Hills be seen hint Hie City is Given Flower to contract and lie contracted w it Haud lids must extend to purposes of ii dicer iteration. Among such purposes Are tile tines above enumerated. How Are these various object to in accomplished except through Means of a contract Mere ordaining with respect to them will not Semi re them when hit City a once determined upon execution of any of these provisions then cont met becomes necessary to carry info effect Hie determination As for erecting of building and he obtaining of Supply of water or Street Light. Atter having acted under he Power to Quot provide City will water Quot it is for City to determine How it shall provide water whether by Cret Olio to town water works or contracting with other for its Stolpp y. Quot a municipal corf oration like a trod gone May unless in some Way restrained by charter enter info any contract necessary to enable it to carry out Powers conferred main it Quot. City of Galena , to iu., 42.1 Ketchum is. Buffalo 14 m. Y., i>50 Douglas is. \ Irginia City 5 nev., 14t Mcpherson is Foster. 43 Iowa. 4h 22 american heft 215 waiters actions and defences vol 4. P i02. Unless charter provides that inc Powers therein conferred shall tie exercised Iii a particular manner it rests with governing body of City to determine manner it exercise enjoy input and discharge of ifs Flowers. It will hardly be questioned but what provision of charter referred to fully authorized mayor and City Council to Quot provide City with water a and it must be admitted there is no provision of charter requiring this Power to be executed in any particular Maimer this was left to Riedi Cre Tion of mayor and Ity Council. They determined and entered into a contract with a private corporation for its Supply their determination is irrevocable unless there is some provision of contract that in Ali dates it. A serious question arises in this connection As to tile Power of Ity Council to make what is termed a time contract or one running for a. Series of years. Under terms of Section i of original contract As modified by Section 7of Tea intend de contract contract is to run tor a term of 25years, at end of which time Hie right is reserved to City to buy works and on failure to agree As to Price their value is to be ascertained by arbitration. This question has been before courts of older states and has been Subj t of Mueh diversity of opinion and Iii order to acquaint myself with Lite reasons Given by Theta i have examined All authorities Oil subject at my command. Those t hat have decided adversely to Validity of such contracts have assigned various reasons Why they should not stand. Some have placed inability on part of City to make them on ground of Public policy others that it is an abridgement of legislative or governmental Powers of City Iii that it barters away Power of legislative body of City to legislate on subject for a series of years and that one set of of pedals should not make a contract that w Ould tie hands of their successors and prevent them from inquiring into advisability or necessity of continuing contract. At Hist Blush this May seem to he Correct View of Taw and reason therefor though some excuse May be found for such contracts in presumed difficulty of securing to contract for construction of such of Peus Lve winks without Assurance of patronage for some considerable length of time. Lint i eau not favor idea that there can be no general pow or to enter into such contracts. I Ain of opinion and believe i am sustained by great we Gilt of authority and Mon especially by decisions of courts which Lime recently passed upon this question that if there is any inability to make such contracts. It must arise from some provision of charter restraining authorized body of City from in King them. Iii ease of but Nam is. The City of grand a pins divided in november Isby supreme court of Michigan a contract for live years was held void because such contracts were prohibited by charter of City of grand lipids and court says Iii rendering its opinion a we cannot favor doctrine that there Ean lie no general authority to make such contracts. We base our decision entirely on restrictions of charter and not upon any general incapacity had charter been silent. In Hie face of charter array of ant Bori ties allowing time contracts by cities does not in Garrison is. Chicago a time contract As held void because no appropriation was made Iii Advance a required by charter t Bess. 4ho. In Stein is. The City of Mobile 40 ala., 962 to am., 2h5i, it Ity of Mobile entered into a out met with Albert Stein to furnish said City with w Ater. Said contract was so entered into on with Day of december Mfd Aud rights arising under it were to taint in tie for 20 years at least and thereafter until said City redeemed Cornin water works conveyed to Stein which had been formerly used by City. The supreme court of Alabama held contract Olid Aud in rendering its opinion said there is no pretence that to Stein has failed to perform and comply Wilt said stipulations or that Hie said contract has expired that any id duties under it have ceased to tie required of him. In this contract Ity of Mobile in its corporate and personal opacity is contracting party on one Side and Stein in tile Othi r. The business to to performed or carried on is w within bin its of lie City. A it is a Grant to Stein by City for purpose that is it is a Kraut to him to carry on business of his water works in City under ids contract. A contract executed As web As executory contains obligations binding on both parties. A Grant in its own nature amounts to an establishment of right of Grant or and implies a contract not to reassert that right a party is therefore always stopped by lbs own so Iii ease of Malum is. The City of Columbus 5h miss.,310 3h am. Hep., sikh City of Columbus leased its water works to Mutton for period of 15 years. Objection was nude to contract on ground Quot that it was incompetent for City to abdicate for themselves and their successors in office that control Over water works which was invested in them for Public supreme court of Mississippi in rendering its opinion said Quot we Are not disused to adopt hits View. The mayor and aldermen were by City charter authorized to provide City with water by water works within or beyond boundaries thereof. The authority being general Aud there being no up eclat cation us to manner of operating works after their erection we see no reason Why it might not us Well be done by Eon tract As by hiring employees Aud electing v careful study of charter of City of san Antonio discloses no specification us to Auuner in which mayor and City Council arc to provide City with water Ami no restriction on their Powers to make contracts for such length of time a they May deem proper hence i conclude thai City of Sun Antonio a authorized in making a time contract. Under soc. I of modified contract in consideration of he water works company reducing rent of Turc hydrants from find to #50 each per annul City contracts among other things Quot to remit Ami relinquish to water works company Ull City tuxes whatsoever which otherwise might tie As beaded and levied upon atty of property Iff tin water works company mud of lied or he ii by said company for purpose of operating their works such property however not to exceed Iii value tin sum of $250,. Sees. I Aud 2 of Art. Chi of Hie Constitution of state of Texas mud Sec. 1h2 of City charter provide Quot Section i. Taxation shall be equal and uniform ail property ill tills stale wind Lier owned by natural persons or corporations lither than municipal shall be taxed in proportion to its value which shall be ascertained As May be provided for by Law. The legislature May in disc a a Oll tax. It May also Impo a occupation taxes both upon natural persons and upon corporation other than municipal doing business in this Minto. It May also tax incomes of both natural persons and corporations other than Muir ii jul. Except that persons engaged in mechanical and agricultural pursuits shall never tie required to pay any occupation tax provided that is Worth of household and Kitchen furniture belonging to each family in this state shall be exempt from taxation and provided further that occupation tax levied by any county City or town for any year on persons or corporations pursuing any profession or business shall not exceed one half of tax levied by state for same profession or business. Quot see. 2. All occupation taxes shall is equal and uniform upon same class of subjects within limits of Hie authority levying tax hut legislature May by Gocr Altus. Exempt from taxation Public property used for Public purposes actual places of religious worship places of burial not held for private or corporate prod All buildings used exclusively and owned by persons or associations for school purposes and necessary fund Titre of All schools arid institutions of Public Charity and ail Laws exempting property other than Bluit allele mentioned shall be Bec. In of Hie charter of tin a by of san an Tanto provides Quot that All property exempt from taxation under Laws it state shall la exempt from taxes imposed or author i re by tills aet arid City t a our Etc May by ordinance provide for exemption of such other property As they May deem just and proper Quot i Here i an apparent Eon dict Between this Section of Oit it charter and Theca on Titu i Hon of state. This May la explained however by fact that our charter was i granted prior to adoption of present j Constitution. Preterm it ing from this opinion ques i thin As to whether such inhibitions As Are j found in sections of Constitution re i ferret to apply to such local in a divisions of state As cities and town organized under Quot a special legislative or Are confined in their operation to taxation raised under Laws of stat Quot As Contra distinguished from taxation rained under Hie ordinances of i to City Quot for support Aud maintenance of state government and such local sub divisions of Hie state As retain attribute of sovereignty snob As counties and Peri Lap towns organized tinder tin general incorporation act. A question arises does tilts Section of tile amended contract exempt pro a Fly i rom taxation thai is taxable under Constitution and Law of state of so i it such ail exemption a is inhibited try Constitution it will not be denied but what such property a is owned by water works company is in Hie t to taxation under Hie Constitution and Laws of state. Sec. I of Art. Chi of Constitution provides that Quot taxation shall be equal and it was obvious intention of trainers of our Constitution in positively inhibiting any exemption from taxation except As therein enumerated to cause Burden of taxation to fall equally upon All citizens As Burden of taxation shall fall equally upon All. Statutes exempting persons or property Are construed with strictness Ami exemption should lie denied unless so clearly granted a to be free from fair doubt. Second Dillon on municipal corporations. See. Bib. The provisions of Ute Constitution Are violated whenever such in exemption is made As requires remaining property to contribute More than its pro rata share toward support of government. Page is. St. Louis 20 to. My Durham is. Chicago 55 111., it is universally conceded that Tim Lii Nib i Tauts of a Tow ii cannot legally lie taxed to raise Money to give a loan to individuals or corporations for private purposes on account of any supposed incidental advantages which May possibly accrue therefrom and that att exemption from taxation without consideration is in substance and effect same As a gift. Exemptions from taxation Are not favored try courts nor should municipal authorities permit them to form either tin whole or a part of consideration of their contracts. It is better policy to have consider to Ion of their contracts fixed and de flute and taxes on property of contracting party Regulo by assessed and collected in Hie manner provided by Law then there would be no room for Cavil or doubt but looking at question from a Legal standpoint i do not believe that in exemption founded upon to valuable consideration operates a a gift or violates spirit and intent of Constitution it does not destroy uniformity of taxation Aud require one citizen to contribute More than his proportionate share toward support of gov i Ament. By see Ion of contract under consideration City obligates to remit and relinquish taxes on property of Hie water works company on a fixed valuation for a valuable consideration Itiat consideration timing Iii part reduction of rent of Tim first Mai Are hydrants from #100 each to $5 1 each per a n num. Concurring in opinion of Hon t. J. Devine and messes. Howard and Harrison tin attorneys who represented City at time Liis contract was entered into. I do not believe it creates such an exemption us is inhibited by Constitution. The effect would be same if taxes were regularly assessed and collected and then paid to water works company Usa part of consideration of reduction of rent of Tiro hydrants. I have found no ease wherein this question Lins been subject of judicial decision. Even though t his provision should he deemed unauthorized it is very questionable whether it would operate to Render Hie whole contract void. If Iii Hie exercise of its undoubted Powers a corporation makes a contract some stipulation of which is in excess of its Powers this does not avoid whole contract if after re meeting such stipulation there remains a Good execution of tie Powers granted. Lewis is. City of Clarendon . C. .�?T., to. I ark., Hep. Vol. 0. P. Bio 2i Iii., 91-02 to Peters 343 25 i la. .317. My attention Lins been called to Section 3 of original contract which it is claimed creates a monopoly Quot Section 3. The said City further obligates itself not to Grant to any other Lindy of Mon or person during continuance it this contract right to furnish water for fire hydrants or other Public a monopoly As debited Ity u. S. Supreme court in tile Case of Charles by verb Ridge is. Carronbridge ii Peters 525, is a that which Lias been granted without consideration As a monopoly of Trade or of manufacture of any particular article to exclusion of All Competition. It is withdrawing that which is common right from Community and vesting it in one or More to exclusion of All others such monopolies Are justly odious a they operate not Only injuriously to Trade Lait against Hie general Prosperity of adopting this definition a a Rule of construction question arises were privilege granted by this contract without consideration does this Section withdraw that which Isth common right from Hie Community and Vest it in one or More to exclusion of All others i take it that Rule of construction that that Law requires to la applied to All contracts forces a negative answer to each one of these questions tills Section and contract under consideration construe it a strictly As you please does not prohibit and other person or corporation from erecting and operating a system of water works within limits of City of san Antonio nor does it prohibit City in its corporate capacity from erecting Aud operating its own water works. A City simply binds itself not to Grant to any other body of men or person during continuance of contract right to furnish water for lire hydrants or other Public purposes. My attention has been called to a decision made by supremo court of Michigan lathe ease of Gale is. Tho Village of Kalamazoo 23 mich., 341. This was an action brought by Gale against Village of Kalamazoo for broach of Conli actg. B. Franks special Holiday offering in ladies misses and children s new markets Dolman Jacques and walking jackets we also offer great inducements in menus youths boys and children a suits and overcoats. I too boys and children a suits with Long or Short pants for less than new York Cost. Call Early at g. B. Franks Al Aimo Stobb. 31 and 33 Alamo Plaza. A Why pay High prices for o t by i hot 3 when you can get Sutta of finest i m pouted Oil Domestic cloths in atle up in latest fashion especially to your order at moderate prices by Valentine Loura popular tailor Commerce Street near Bridge. Only Host Elass workmen employed and Tim Best t rimming used. A tit guaranteed. Val. Lorra popular tailor Commerce St., near Bridge. White Lime and ement i f. W. Mcallister amp Bro. 201, 201 and 205 s. Alamo of. Villita san Antonio to a a we arc wholesale and retail dealers Ustin White Lime Best brands of dark Rosendale and imported English Portland cements plaster of Paris and Long Goat hair Aud would ask you to a All or write us for prices before purchasing else where. Please mention this paper. Tami a a in. A in Rani i Stepp is arms company a dealers is c3-Tttts pistols cutlery and fishing tackle. Agents Kors Gale contracted with authorities to build a Market House and to put it under their control for ten years in consideration that they would pay Over rents thereof to him appoint a croon to superintend it permit no other Public Market House to lie erected or used nor certain articles specs tied to be sold elsewhere in tin Village during said ten years Aud that Hie stalls Iii Market should lie rented for such sums of Money and to such persons As May lie agreed upon by authorities of Hie Village and said Gale and at end of term to surrender Market House to tin said Gale or ids heirs or Legal represent att \ is. The main purpose was Village wanted a Market House and Gale agreed to in it one in consideration of which Village agreed to Fondue Hie marketing of Oil zeus to House of Gale Ami appoint a competent person to tie paid by Gale to manage said House and to Sis enforcement of All by Laws and ordinances relative to markets and to rent stalls at such prices As Gale might agree to collect rents and turn them Over to him City not even to have Market House at end of term. Judge Cooley very properly remarked in rendering ids opinion Quot not Only was marketing to be confined to one locality but plaintiff was to have an unlimited rigid to control occupation of Hie Market House through Power Given him to determine rents to tie paid by Lessee. This vested in him a practical monopoly of u Public it will Laidly he maintained that there is any similarity Between two contracts so far As their monopoly features an concerned. A very interesting decision was rendered Billie supreme court of Iowa Iii december Ikhil Iii Hie Case of Dodge it Al. Is. Hie City of Council Bluffs it a1., on effect of a club to Ina contract granting in exclusive right. This was ii suit by some citizen of City of Council Bluff s for an injunction to restrain a defendants from enforcing Aud Earl Jug out a certain ordinance providing for tile supplying City or Council Bluff with water on tile ground among others that ordinance conferred upon company Hie exclusive privilege of laying pipes under streets and alleys of City under supplying its inhabitants with water for tire Protection for maidu Faez using purposes and Domestic use. The court says Quot rite ordinance purports to Grant an exclusive rigid whether it was competent for City to Grant such right we need not determine of we should conclude that it was not it is Manifest that ordinance would not be void. It would result merely that rigid granted is not exclusive and plaintiffs is Mere tax users cannot properly raise that question such question cannot properly he raised until u conflict arises Between american instruction company company contracted w Ino and sonic person or persons or corporation claiming also a rigid from defendant City to construct and operate Northwestern re Porter vol in p. Mob citing Grant is. City of Davenport a Iowa 40fl. It is not claimed that there was any fraud in consummation of tills contract or that water works company Lins failed in any important particular to perform its obligations and in passing upon contract i have assumed that neither of these objections exist. I am of opinion that City was authorized under its charter to make contract and that contract contains no provisions that invalidate it. Very rest artfully s. A Newton City attorney. A Macbeth asked his doctor if i could a Pluck from Tim memory a rooted sorrow or raze out written troubles of if course he could met. But Browne a Iron tonic eau Quot raze out system indigestion sick headache dyspepsia backache caused by diseased kidneys Anil chills and f pc and All similar jul Dregs. For Sale by a dress and England amp co i Lefever Hammer less Gans american Wood powder Peck amp Snyder s goods. A sporting articles and Hunting outfits. A a 240 co merge St % san ai7t0n10, Tex a a amp in in a in in in m in in in in i Emerson holds bridged to help boys Over. Emerson a is a Good place to get Money or spend it if a War Jaak my in Wpm mme. A m Nwe to a a Quot in my a a a a a a Southern hotel Mala and military plazas san Antonio Texas James p. Hickman jr., proprietor convenient to business Center with Best accommodations. In la to a. I notice to contractors. A if you want to buy or sell any kinds of Stock go to Chavez Morin amp Mateu South Flores Street. They will Deal squarely. A 12-9-tf a it is to your advantage to Call and get your cigars and smokers articles at Henry pumps opposite Chile town on military Plaza. 12-7-0tn Foric Ursene whooping cough spasms known As Crown lug disease of Slud pipe tor ail put common among Little people. And indeed my montary ailments most Mohle is two bit cough syru1 is a certain cure. For Sale by f. K ult Eyer amp son. A i have established a to theopha hic pharmacy entirely separate from my other business and am prepared to till prescription4 or furnish strictly reliable homoeopathic medicines in any form. Harjey Fowler no. 14 West Houston Street. A 12-2-tf new Boston Texas january to Imp i. Messes Morley Bros. Gentlemen Send us four dozen mor Leys two bit cough syrup. It is Hest cough syrup known. Send by express. Are entirely out. Hoskins amp Hughes. For Sale by f. Kalteyer amp son. For Sato. Furnished House and lot with All modern improvements buggy and harness almost As Good As new Aud 2a shares of paid up Stock in Bexar building and loan association for Sale cheap. Apply to Otto Andrea care Bell amp Bros. Ivy Mayoux Okeke i Imon Antonio Texas december 20, kh5. I sealed proposals will be received at mayors office. Until i Quot of clock noon monday january Lith for construction of a coffer dam around North abutment of Mill Bridge Aud such masonry or Concrete work As May be Itulid necessary in tilt repairs to foundations. Prices to be for offer dual Complete Ami per cultic Yard inc tiding excavations for masonry and Concrete. Bidders xviii lie required to Deposit a forfeit Olim to insure commencement of work. Further information Ean lie obtained at City Engineer s office. Bryan Callaghan by in i. Uca Coon mayor City clerk. 8tn-t4 tree and ornamental shrubbery Ito a to my Hgt ornaments Olanta amt8 mull to Gay grape vines hot House ishm in in ii v Ico. Ute. Every vol Ais. A but of ornamental shrubbery and Claiire bim1 a a gardening. My Stook is very a id a twp �?~i8.ht Tolje very lowest. Come North tt.4 convinced. Nos. 23 and 25 Cali. Vu.ju08 h it >1 i a a it it a i to old Buffalo ii a i a do 1/hlhlp Wolf proprietor. I2-2h-im w. Blair assistant. K a kor everything needed in Jhelum a Cut. In a Keitel at International and great Northern depot by \
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