Show started stopped and then postponed WEDNESDAY NIGHT the mayor suggests changes in the glasmann franchise street sprinkling matters license ordinance goes over again the city council met in regular evasion last night and bandied a business they went into committee 0 the whole at 11 the committee on laws was first to report and in the matter of the claim 0 H henderson recommending the t payment of 40 in payment thereof adopted the committee on streets becom mended that the petition ot F morley for use ot thirty first street hill be granted adopted committee on license recommended the rebate ot 66 ca to A P bigelow on hib liquor license adopted the committee on sanitary reported the 0 A Pei ereon correct and re fenel the matter ot to the council on motion the amount of 75 was ordered paid as salary in the matter oi the petition of B malan for a certain lot it was recommended by the committee on buildings and grounds that he have bame on payment of adopted abe committee on claims reported recommending the payment of the following claims union light power co 50 hestmark wilcox continental oil co 4 10 newman bros 10 50 autel co H spargo 60 R jones 7 20 PJ hall 4 50 S P tyree 2 88 8 43 wm chambers 2 25 I 1 L dark son edgar jones 15 75 thomas bros 11 00 FB lodgett A L brewer 18 00 LW Shurtliff 29 75 J A lampert 2 00 charles creamer 1 70 james macbeth 10 45 gaisford A dean 2 50 job kead 1 50 geo parker co 9 00 W W brownings co 7 au MD Barstow 14 88 16 10 the committee on claims recommended the payment of in full ot the claim 0 dr 0 E coulter adopted the committee further recommended the payment ot 35 to john melvin adopted A communication was here read from john A boyle mayor returning the ordinance granting a telephone franchise to wm glasmann without bib approval because ha did not think sec 9 wag as it should be sec 9 provides that the city council shall have the power to alx the rates but they shall not be fixed LOWR than abo schedule named in the franchise mayor boyles idea waa that the cay council should have power to fix rates but in fix them HIGHER than named in the franchise the matter was referred to the committee nf the whole the city auditor reported that patrolman J P sprunt who was suspended by the chief ot police had accepted bis warrant for 38 bat entered a demand for salary to date of april 30 referred to committee of the whole A further communication from the mayor was read in which he returned the payroll oi the police department without his approval ue was willing to approve the payroll in eo far as it referred to gobiet davenport captain whitaker detective fender patrolmen brown layne and murray but as to the others there were two aeta ot people claiming those positions and he thought the only way to protect the city was to refuge to pay any of them it was moved that the matter be referred to the committee of tle whole aaa could not eee the necessity of re to the committee of the whole ho was ready to vote now and knew what he was doing jones also favored voting now brewer wanted to hear from the attorney the city attorney said he had to several councilmen daring the day and thought the only proper thine to do ws to pay no one for whose position there were two claimants the matter was referred to the committee of the whole judge beut in a bill for 60 for fees in the police court referred to committee on claims the grand army invited the mayor and city council to participate in memorial day exercises referred to special committee shelton co offered some especially ruled books for referred to committee on engrossing 4 MEISS jones moved that the council take up the trial ol 01 officer Mei esner aeh objected because of the irregularity of the charges he information in the matter he did not yet know that the council bad any right or power to try these charges he rehearsed the stories ol 01 the chargee and said they did not come before the council regularly the complaint should have been made to the chief of police aad if be thought there was in them he could have suspended celaa ner if a patrolman had tailed n bis duty in stopping a common street brawl as the atson case was he should have been if the chief thought Me lesner bad not done his duty be would have suspended him city attorney alcieon said ho thought the council had the power to try the tiny officer the chargee made by fawl alleon were read by recorder anderson 1 those made foster woolley that they try on one complaint at a time the discovery was hero made that abe complaining witnesses were not present one witness for foster was present but no one to represent widson browning eaid their statement would be found in the charges and it was decided to go on with abe trial and to hear the witnesses in abe case anyway after a laugh attorney beesinger Lee singer entered his appearance for officer enteritis an objection to the council trying ibis case because first abe charges were preferred by a private party and not by the chief the council or the mayor this is a criminal charge it is not a charge of chency or drunkenness or inability to perform bis duty as an officer and the council lias no authority to conduct this trial that remains for abe district court he cited a california case under a similar to the utah statute eta tute he concluded the statute provides that a criminal charge may be tried in a criminal crimi oal court kach one of those complaints charges assault and battery and there is a court to hear that the city attorney said be had riot looked closely into the matter and would not give an opinion as to abe cause the statute gives the counce with the con of the mayor without stating the cause president browning charged chairman ash of abe police committee with not attending attend inz to hie duties ash denied abo proposition and de banded to know in what manner he bad failed he further said that he had consulted the attorney but only to find that the police committee cougil only bear abe trial of abe charges the question of sustaining the objection of mr lessenger was then bored upon and the objection was denied by a unanimous vote lessenger entered an objection browning then jumped onto the city recorder about a copy of the charges to officer according to orders of the council the city recorder said the council gave no such orders charles frederick ford waa then called up and the quasion que sion of swearing abe witness came up no one bad authority to swear the and then Leese demanded that abe council be sworn to try the cabe lie cited dillon on municipal cor coratious ious in support of bis objections and demand browning referred to city attorney alcieon All allison said be did not propose as far as he personally was concerned to act in a judicial capacity capa cily and bear objections and decide questions of law at this time the only way to hear witnesses aeeti monr is to bear that is your advice says brawn ing it ie says the attorney dont presume to speak upon the validity or legality of the trial but if the council will proceed abe only way to do it is to proceed then browning says go on ford with your statement and ford proceeded by stating that on the of november at a mas quera def that foster came up to Mei esner and offered to chako hands with him and the next thing that be knew was that struck foster with his club and befell backward into the dressing room I 1 rushed in and asked him what was the matter and be did not answer be was stunned he was not nor drunk he was unconscious for an hour and a quarter was struck on the left temple and ford showed how Mei saner swung abe club was with foster when he came to he wanted to snow what was tha matter and then recollected it on cross examination nothing new was elicited the defense attempted to elicit evi fience that ford was unfriendly to but be would not admit it there was clipping of notes from abe president and a conference of the city attorney and a councilman and then he query are there any more witnesses for abe plaintiff there were aone and abe prosecution rested involuntarily mercer was billed tor the de eube she that she was at a dance at abe union opera house and then woolley suggested a post as there other witnesses and the complaining witness was not present he thought that there should an opportunity for abe plaintiff to present his evidence and he moved a postponement until wednesday brown and williams opposed abe mo ion to postpone abe complainants had notice and if they fail to appear its their fault woolley stated that when he moved postpone last friday night it was with abe idea that alie date for the trial was to be beet by the council tonight lessenger Les objected to a continuance these people knew as well as defendant abat abe trial was to be this night if the council did decide to continue be wanted to get in arc mercers testimony as abbe was not well the motion to continue was carried on a roll call ash brewer cullen wil caius voting no and Brow ninEr jenking pingree shaw jones woolley aye there being no mercers testimony was taken at once she was nt abe union house saw Mei esner there caw up and not bear Mei saner speak foster shook hands and Mels smiled and tried to beet his hand away bad the abe club flew up and etrick him on abe bead did not think it was intentional ane smil ing foster went out Mei flener stepped into the room where ho was be was cone for some time came back and said he was very sorry that it happened said foster squeezed bis hand like the dickens and he to pull ate band away when in tha pc utile the club hurt foster thought foster war drinking thought lie was a friend of Maie ener he held bis hand longer than usual waa sitting down did not bear him speak aaa abe club strike him foster walked into abo dressing room I 1 did not know he was hurt much Mei ascer followed him oat the witness then excused and the council proceeded to busi williame introduced a resolution authorizing abe committee on water supply to secure bids on the erection of three more and be given power to act pingree wanted to know where alie were to be put it the city proposed to sprinkle the whole city be would favor but if not be did not the need of it he paid taxes but he lived on twenty eighth street and hewak willing to pay if be bad bis sprinkled williams supported his resolution arguing the advantage of getting water very easily by sprinkling wagons the motion was lost pingree moved that all men driving sprinklers lers and asins their own team receive per day of 8 hours and per day of 10 hours lost moved that the committee on water supply be instructed to sprinkle twenty fourth and twenty fifth streets from wall avenue to adams avenue and washington from twenty second to weber canal kouth lie explained that all other sprinkling be discontinued williams moved an amendment to make the sprinkling on twenty fourth to the freight depot carried the original motion was then put and ash spoke in opposition to the same and explained how the sprinkling bad been handled by the water supply committee they had done everything they could to the pleasure and convenience 0 the citizens the resolution was passed the license ordinance was laid over the petition of J 0 armstrong tor payment costs in paving case wes referred to committee on claims the following p roles were allowed sanitary department 8 15 41 60 25 street sprinkling 75 public buildings and grounds W 00 street department ai and the council went into the committee of the whole at 11 the committee of the whole roee at 12 ana reported through ita chairman mr woolley recommending that salary be fixed adopted the council then sustained the mayors veto of the police pay roll and the veto of the glaesmann Gla emann telephone franchise ordinance the latter was referred to the committee on laws with instructions to amend as per the mayors and report at next meeting the council then adjourned until tonight when it is expected the licence ordinance will be taken up |