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 ^WEUNIVERi'/A.
 
 CHARTER 
 
 OF THE 
 
 CITY OF GALVESTON 
 
 AND THE 
 
 REVISED ORDINANCES 
 
 AS ORDAINED AND PUBLISHED BY THE 
 
 BOARD OF COMMISSIONERS 
 
 OF THE CITY OF GALVESTON. 
 
 DIGESTED AND REVISED BY 
 
 GEO. F». KIN LAY 
 
 GALVESTON, TEXAS : 
 
 Clarke & Courts, Manufacturing Stationers. 
 
 1902.
 
 ►-D 
 
 A > ^ 
 
 CHARTKR 
 
 OF THE 
 
 CITY OF GALVESTON 
 
 An Act to incorporate the City of Galveston and grant it a new 
 Charter ; and to repeal all pre-existing Charters. — [^Approved 
 April 19, 1901]. 
 
 Sectiox 1. That all the inhabitants of the city of Galveston 
 shall continue to be a body politic and corporate, with perpet- 
 ual succession, by the name and style of the "City of Galves- 
 ton," and as such they and their successors by that name shall 
 a have, exercise and enjoy all the rights, irnmunities, powers, 
 ^ privileges and franchises now possessed and enjoyed by said 
 .» citv, and herein granted and conferred; and shall be subject 
 ^ to all the duties and obligations now pertaining to or mcum- 
 ^ bent on said city as a corporation, not inconsistent with this 
 - act, and may ordain and establish such acts, laws, regulatioub 
 , and ordinances, not inconsistent with the constitution and 
 *^ laws of this State, as shall be needful for the government, in- 
 terest, welfare and good order of said body politic ; and under 
 the same name shall be known in law ; and be capable of con- 
 tracting and being contracted with, suing and being sued, im- 
 plead and being impleaded, answered and being answered 
 unto, in all courts and places, and in all matters whatever; 
 may take, hold and purchase, lease, grant and convey, such 
 real and personal or mixed property or estate as the purposes 
 of thevs£orporation may require, within or without the limits 
 thereof; and may make, have and use a corporate seal, and 
 change and renew the same at pleasure. 
 
 Sec. 2. That the limits of said city shall embrace so much 
 of the Island of Galveston from the point thereof on the east 
 to Fifty-sixth street, or to include the league and labor of 
 
 3 
 
 1 Bi
 
 Sec. 3. charter of the 
 
 land known as the ^lenarcl grant; provided, that said league 
 and labor shall extend beyond Fifty-sixth street: thence to 
 include Galveston Bay and Pelican Island, and one mile north 
 thereof ; and the waters of the Gulf of Mexico extending south 
 one marine league from the shore, from the channel and an- 
 chorage on the eastern end of Galveston Island to the western 
 boundary of the city, so as to extend the police authority and 
 jurisdiction, inclusive of Pelican Island, over all the area and 
 territory aforesaid; provided, nevertheless, that jurisdiction 
 shall extend from the eastern boundary of said city over all 
 real estate beyond said limits purchased or in any manner ac- 
 quired by said city for the use of the corporation ; and provi- 
 ded, furthermore, that all the municipal regulations of said 
 city shall apply to, extend and be in full force over the harbor 
 and anchorage of Galveston, and to the bar at the entrance of 
 said harbor; and the corporate authority and jurisdictit)n shall 
 extend from the eastern boundary of said city over the east 
 end of Galveston Island, and over all real estate beyond said 
 limits purchased or in any manner acquired by said city for 
 the use of the corporation ; and provided further, that the said 
 limits may be hereafter extended, including and adding more 
 territory to the same, whenever a majority of the inhabitants 
 of said territory shall indicate a desire to be included within 
 the limits of said city; and provided, further, that neither the 
 corporate limits nor the jurisdiction of said city shall extend 
 to any point of the mainland so as to interfere or conflict in 
 any wise with the riparian rights and privileges of the owners 
 of the mainland, or any part thereof bordering upon the waters 
 of said bay; and provided, further, that the jurisdiction of 
 said city shall not extend over Bolivar channel, except for 
 police and sanitary purposes. 
 
 Sec. 3. The territory contained within the boundary of the 
 city of Galveston shall be divided into 12 wards, as follows : 
 
 The first ward shall contain all the territory lying north of 
 Avenue G and east of Thirteenth street. 
 
 The second ward shall contain all the territory lying north 
 of Avenue G, between Thirteenth and Seventeenth streets. 
 
 The third ward shall contain all the territory lying north 
 of Broadway, between Seventeenth and Twenty-first streets. 
 
 4
 
 CITY OF C4ALYESTOX. SeC. 4. 
 
 The fourth ward shall contain all the territory lying north 
 of Broadway, between Twenty-first and Twenty-fifth streets. 
 
 The fifth ward shall contain all the territory lying north of 
 Broadway, between Twenty-fifth and Twenty-ninth streets. 
 
 The sixth ward shall contain all the territory lying north 
 of Broadway, between Twenty-ninth and the western bound- 
 ary of the city. 
 
 The seventh ward shall contain all the territory lying south 
 of Broadway, between Twenty-ninth street and the western 
 boundary of the city. 
 
 The eighth ward shall contain all the territory lying south of 
 Broadway, between Twenty-fifth and Twent3^-ninth streets. 
 
 The ninth ward shall contain all the territory lying south 
 of Broadway, between Twenty-first and Twenty-fifth streets. 
 
 The tenth ward shall contain all the territory Ij'ing south -T 
 Broadway, between Seventeenth and Twenty-first streets. 
 
 The eleventh ward shall contain all the territory lying south 
 of Avenue G, between Thirteenth and Seventeenth streets. 
 
 The twelfth ward shall contain all the territory lying south 
 of Avenue G and east of Thirteenth strcf^t ; provided, 
 that the board of commissioners of said city shall have power 
 from time to time by ordinance to cause a division of said 
 city to be made into as many wards (not less than twelve) as 
 they may deem necessary, and for the good of the inhabitants 
 of said city. 
 
 Sec. 4. The waterworks and sewerage plants, fire engines, 
 fire alarm telegraph system, hose and hose carriages, horses, 
 and wagons, engine houses, school houses, public buildings, 
 public squares, parks, promenades, wharves, streets, alleys, all 
 stock and interest in any incorporated company, held pr used 
 for public purposes or in trust for the public, and all property 
 which may have been granted or released to said city of 
 Galveston by the State, through a general or special law or 
 joint resolution of the Legislature, and any judgment or judg- 
 ments or causes of action in favor of said city of Galveston, 
 and the electric light plant or other plant used for public 
 purposes, and all other property, real and personal, held, con- 
 trolled or used by said city of Galveston for the purposes of
 
 Sec. 5-6. charter of the 
 
 government, including all property of whatsoever character 
 or description, whether of the same nature or not as the prop- 
 erty heretofore specified, which may have been held, con- 
 trolled or used by said city of Galveston for public uses or in 
 trust for the public, or which may have been vested in the city 
 of Galveston under and by virtue of any laws of the State of 
 Texas, shall vest in and remain and inure to the said corpora- 
 tion under this act. 
 
 Sec. 5. There shall be appointed by the Governor of the 
 State, as soon as possible after the passage of this act, three 
 commissioners, one of whom shall select and designate as 
 president of the board of commissioners provided for herein, 
 and within ten days after the passage of this act it shall be 
 the duty of the commissioners court of Galveston county to 
 order an election to be held in the city of Galveston, at which 
 election the qualified voters of the city of Galveston shall se- 
 lect two other commissioners, who, together with the three 
 commissioners appointed by the Governor, shall constitute 
 the board of commissioners of the city of Galveston. 
 
 In ordering such election, the commissioners court shall de- 
 termine the time and the places in the city of Galveston for 
 holding such election, and the manner of holding the same 
 shall be governed by the laws of the State regulating general 
 elections. Each of said five commissioners shall be over the 
 age of 25 years, citizens of the United States and for five 
 years immediately preceding their appointment or election 
 residents of the city of Galveston. Each of said five commis- 
 sioners shall hold office for two years from and after the date 
 of his qualification and until his successor shall have been 
 duly appointed or elected, as the case may be, and duly quali- 
 ified. 
 
 Said board of commissioners shall constitute the municipal 
 government of the city of Galveston. 
 
 Sec. G. The first president and the other members of the 
 first board of commissioners appointed and elected under this 
 act, shall be held and deemed, in law and in fact, the succes- 
 sors of the mayor and aldermen of said city of Galveston, 
 and upon the qualification of said president and the other 
 members of said board of commissioners, all the powers. 
 
 6
 
 CITY OF GALVESTON. SEC. 7-8. 
 
 rights, and duties of the mayor and board of aldermen of the 
 said city shall cease ; and wherever the said city has hereto- 
 fore, under the decree or judgment of any court, or under any 
 Jaw, ordinance or resolution, been entitled to representation 
 through the mayor of said city and one or more of the alder- 
 men thereof, on the board of directors of any incorporated 
 company in which the said city may own stock or be interested, 
 it shall hereafter be represented on any such board of direc- 
 tors by the president of said board of commissioners, and by 
 two other members of said board, to be selected by said board. 
 
 Sec. 7. Said commissioners shall collectively constitute 
 and be known as the "Board of Commissioners of the City of 
 Galveston." They shall take an oath to faithfully perform the 
 duties of their said office, and each shall receive as compensa- 
 tion for his said services the sum of five hundred (500) dol- 
 lars per annum, payable in equal monthly installments, ex- 
 cept that the president of said board shall receive a salary of 
 three thousand (3000) dollars per annum, payable in equal 
 monthly installments, and said president shall devote at least 
 six hours a day to the duties of his office and to the afifairs of 
 said city. 
 
 Sec. 8. That each commissioner, before entering upon the 
 duties of his office, shall give bond, payable to the Governor 
 of the State, for the use and benefit of said city, in the sum 
 of five thousand (5000) dollars, for the faithful discharge of 
 his duty, with two or more good and sufficient sureties, to be 
 approved by the county judge of Galveston county, and shall 
 in addition to taking the oath prescribed by the Constitution 
 of the State, also take an oath that he is not under any direct 
 or indirect obligation to appoint or elect any person to 
 the office of policeman or fireman, or to any other office, 
 position or employment under said government. The said 
 commissioners shall by a majority vote of the com- 
 missioners appointed and elected under this act hav--: 
 the power to appoint all officers and subordinates in 
 all of the departments of said city, and to suspend and to 
 discharge the same for cause, at will, under the limitations 
 hereinafter provided. Each commissioner appointed by the 
 Governor of the State shall qualify as provided by this sec 
 
 7
 
 Sec. 9-11. charter of the 
 
 tion within ten clays after his appointment, and each com- 
 missioner elected under the provisions of this act shall qualify, 
 as provided by this section, within ten days after the delivery 
 to him by the county judge of Galveston county of a certificate 
 of his election. 
 
 Sec. 9. Any member of said board of commissioners who 
 holds his office by virtue of appointment by the Governor 
 of the State, may be removed by the Governor of the State 
 for good and sufficient, cause, to be spread on the records of 
 his office, and to be reported by him to the next session of the 
 Legislature thereafter. But in no case shall the Governor of 
 the State remove the two commissioners, or either of them, 
 that have been elected under the provisions of this charter. 
 Such two members may be removed for the same reasons 
 and in the same manner as county officers. 
 
 Sec. 10. Resignation by any of the commissioners ap- 
 pointed or elected under this act shall be made in writing to 
 the Governor for his action, and resignation by any of the 
 other officers of said city shall be made in writing to the 
 said board of commissioners for their action thereupon. In 
 case of the removal of any commissioner from the territorial 
 limits of such city, such removal shall ipso facto be deemed 
 to create a vacancy in the office of such commissioner. In 
 case of the death, resignation, removal from office, or removal 
 from the territorial limits of the said city of any member of 
 the board of commissioners, appointed by the Governor, the 
 Governor of the State upon being informed of the fact of such 
 vacancy shall fill any such vacancy for the unexpired term 
 by appointment. In case of the death, resignation, removal 
 from office, or removal from the territorial limits of said city, 
 of either or both of the two commissioners elected, any such 
 vacancy shall be filled in the manner provided by the Consti- 
 tution of this State, for filling vacancies in State or district 
 offices other than members of the Legislature. 
 
 Sec. 11. Said board shall, at the first meeting after their 
 qualification, or as soon thereafter as practicable, organize by 
 the election of some competent man to be the secretary of 
 said board, who shall keep the minutes and records of all their 
 proceedings in a well bound book kept for that purpose, and
 
 CITY OF GALVESTON. Seo. 12. 
 
 shall perform such other duties as may be required of him 
 by said board, and shall receive a salary not to exceed twelve 
 hundred (1200) dollars per annum. The president of said 
 board shall have the right to vote, as a member thereof, on all 
 questions which may arise. Said board of commissioners shall 
 have the power to summon and compel the attendance of wit- 
 nesses, and the production of books and papers before them, 
 whenever it may be necessary for the more effective dis- 
 charge of their duties ; and shall have the power to punish for 
 contempt of said board with the same fines and penalties as 
 the county judge may punish for contempt of the county court. 
 All process necessary to enforce the powers conferred by this 
 section shall be signed by the president of the board, and 
 attested by the secretary thereof, and shall be served by any 
 member of the police force of said city. 
 
 Sec. 12. Said board of commissioners so constituted shall 
 have control and supervision over all the departments of such 
 city and to that end shall have power to make all such rules 
 and regulations as they may see lit and proper, concerning 
 the organization, management and operation of such depart- 
 ments ; and shall have power, under such rules and regula- 
 tions as they shall make, to appoint, and, for cause which to 
 said board shall seem sufficient, and after an opportunity to 
 be heard, to discharge all employes, including the chiefs of 
 the departments respectively. Said commissioners shall have 
 sole authority to pass and adopt all such rules and regulations 
 concerning all of the departments of such city and the other 
 agencies created by them for the administration of its affairs. 
 
 And in addition to the powers aforesaid, the said commis- 
 sioners shall have the right, and it shall be their duty, by a 
 majority vote of all the said commissioners appointed and 
 elected, to designate from among their members one com- 
 missioner, who shall be known as "Police and Fire Com- 
 missioner," and who shall have under his special charge the 
 enforcement of all police regulations of such city and general 
 supervision over the fire department of such city ; and one 
 commissioner to be known as the ''Commissioner of Streets 
 and of Public Improvements," who shall have under his special 
 charge the supervision of the streets and alleys of such city, 
 
 9
 
 Sec. 13-U. charter of the 
 
 and be charged with the duty of lighting such streets, and 
 keeping the said streets and alleys in a clean and sanitary con- 
 dition, and with the enforcement of all rules and regulations 
 necessary to that end, for the preservation of the health of 
 the inhabitants of such city, and who shall also have under his 
 special charge the supervision of all public improvements, 
 and shall see that all contracts therefor are faithfully complied 
 with, and that the conditions of the grant of any franchise or 
 privilege are faithfully complied with and performed ; and 
 one commissioner to be known as the "Waterworks and 
 Sewerage Commissioner," who shall have under his special 
 charge the waterworks and sewerage departments of such 
 city, and shall see to the enforcement of all regulations with 
 respect to said departments, and with respect to all the reve- 
 nues pertaining thereto; and one commissioner who shall be 
 known as the "Commissioner of Finance and Revenue," who 
 shall have under his special charge the enforcement of all 
 laws for the assessment and collection of taxes of every kind 
 and the collection of all revenues belonging to such city, from 
 whatsoever source the same may be derived ; and who shall 
 also examine into and keep informed as to the finances of such 
 city. 
 
 Sec. 13. That the president of said board of commissioners 
 shall be the executive officer of said city, and shall see that 
 all the laws thereof are enforced. The commissioner named 
 as the head of each department shall audit all accounts against 
 it, but before payment they shall be acted upon and approved 
 by at least two members of said board of commissioners. 
 Said board shall require a statement to be published in Janu- 
 ary, April, July and October of each year, in the official news- 
 paper of said city, showing a full, clear and complete state- 
 ment of all taxes and other revenues collected and expended, 
 indicating the respective sources from which the moneys are 
 derived, and also indicating the disposition made thereof. 
 All legislative sessions of said board, whether regular or 
 called, shall be open to the public. 
 
 Sec. 14. That whenever the president of the board of com- 
 missioners shall deem it necessary, in order to enforce the 
 laws of the city, or to avert danger, or protect life or prop- 
 
 10
 
 CITY OF GALVESTON. SEC. 15-16. 
 
 erty, in case of a riot or any outbreak, or calamity or public 
 disturbance, or when he has reason to fear any serious viola- 
 tion of law or order, or any outbreak, or any other danger to 
 said city or the inhabitants thereof, he shall summon Into 
 service, as a special police force, all, or as many of the citizens 
 as in his judgment and discretion may be necessary and 
 proper ; and such summons ma}^ be by proclamation or order, 
 addressed to the citizens generally, or those of any ward of 
 the city or subdivision thereof, or such summons may be by 
 personal notification ; such special police, while in service, shall 
 be subject to the orders of the president of the board of com.- 
 missioners, shall perform such duties as he may require, and 
 shall have the same power while on duty as the regular police 
 force of said city; and any person so summoned, and failing 
 to obey, or appearing and failing to perform any duty that 
 may be required by this act. shall be fined in anr suro not 
 exceeding one hundred dollars. 
 
 Sec. 15. In case the president of said board is unable Lo 
 perform the duties of his olifice by reason of temporary or con- 
 tinued absence or sickness, the said board shall appoint, by 
 ballot, by a majority vote of all the members thereof, one of 
 their number to act in his stead, whose official designation 
 shall be "Acting President of the Board of Commissioners," 
 and the commissioner so appointed shall be invested with all 
 the powers, and shall perform all the duties of the president 
 of said board, during such absence or sickness, and shall re- 
 ceive the salary of the said president during such vacancy ; 
 provided, that it shall continue for ten days or longer, and 
 during that time the president shall receive no salary. 
 
 Sec. 1G. Said board of commissioners shall meet at least 
 once every week in regular meeting, at such time as shall be 
 fixed by said board, at the city hall or other designated place 
 in such city, to consider and take under advisement and act 
 upon, such business as may come before them. A majority 
 of such board as appointed and elected shall constitute a c[uo- 
 rum for the transaction of all business, but no action of said 
 commissioners shall be eiTective unless upon a vote of a ma- 
 jority of such quorum ; and no final action shall be taken in 
 any matter concerning the special department of any absent 
 
 11
 
 Sec. 17-19. cHARTE)i of the 
 
 commissioner, unless such business has been made a special 
 order of the day, or such action is taken at a regular meeting 
 of the board. Special meetings may be called by the presi- 
 dent of such board, or by any two members thereof, at any 
 time, to consider only such matters as shall be mentioned in 
 the call for said meeting, and writtten notice thereof shall be 
 sfiven to each member of said board. 
 
 Sec. 17. The board of commissioners of such city shall be 
 vested with the power and charged with the duty of making 
 all laws or ordinances not inconsistent with the ("onstitution 
 and laws of this State, touching every object, matter and sub- 
 ject within the local government instituted by this act. 
 
 Every ordinance imposing any penalty, fine, imprisonment 
 or forfeiture for a violation of its provisions, shall, after the 
 passage thereof, be published in every issue of the oflficial 
 newspaper for ten (10) days successively (excluding Sun- 
 days) and proof of such publication by the printer or pub- 
 lisher of such newspaper made before any officer authorized 
 to administer oaths, and filed with the secretary of the board 
 of commissioners or any other competent proof of such pub- 
 lication shall in all courts be conclusive evidence of the legal 
 publication and promulgation of such ordinances. 
 
 Ordinances passed by the board of commissioners and re- 
 quiring publication, shall take efifect and be in force from and 
 after the tenth publication thereof, unless it be otherwise ex- 
 pressly provided in such ordinance. Ordinances passed by 
 the board of commissioners, and not requiring publication, 
 shall take effect and be in force from and after their passage, 
 unless it shall therein otherwise expressly be provided. 
 
 Sec. 18. The style of all ordinances shall be "Be it 
 ordained by the Board of Commissioners of the City of Gal- 
 veston," but said caption may be omittted when said ordi- 
 nances are published in book form, or are revised and digested. 
 
 Sec. 19. The board of commissioners at their first meet- 
 ing after their qualification, or as soon thereafter as possible, 
 shall select the following officers, towit: A treasurer; an 
 attorney; a recorder; an assessor and collector of taxes- a 
 chief of police ; a chief of the fire department ; and if deemed 
 necessary by said board also an assistant chief of the fire de 
 
 12
 
 CITY OF GALYESTCN. SEC. 19b. 
 
 partment ; an engineer, who shall also be superintendent of 
 streets; an inspector of buildings; an auditor; a health phy- 
 sician; a harbor master; a sexton; a superintendent of the 
 waterworks ; and an engineer of the waterworks ; and snch 
 other officers and agents as said board of commissioners shall 
 direct. All said officers so elected shall hold their offices for 
 two years, and until the election and qualification of their 
 successors, unless removed by the said board of commis- 
 sioners, under the authority vested in it by this act. 
 
 TREASURER. 
 
 19b. The treasurer shall give bond, in such amount and 
 in such form as may be required by the said board, in a sum 
 not less than one hundred thousand (100,000) dollars, and with 
 two or more good and sufficient sureties, to be approved by rhe 
 president of the board and the commissioner of finance and 
 revenue, said bond to be conditioned for the faithful dis- 
 charge of his duties. It shall be his duty to receive and keep, 
 as herein provided, all money belonging to said city, and to 
 pay out the same only on warrants drawn by the auditor, and 
 signed by the president of said board, and countersigned by 
 the commissioner of finance and revenue under the seal of 
 said board, and not otherwise. All moneys belonging to said 
 city, and received by any officer or agent thereof, either from 
 collections, fines or any other sources whatsoever, shall be by 
 him deposited with the said treasurer daily. For all moneys re- 
 ceived, the treasurer shall give duplicate receipts in all*cases, 
 one to the party paying the said money into the treasury and 
 one for the auditor. All persons charged with the collection 
 of any money under this act, or ordinance passed in pursuance 
 thereof, shall promptly pay the same over to the treasurer, 
 under such penalty as may be prescribed by ordinance, and 
 shall forthwith hand the treasurer's receipts to the auditor, 
 who shall countersign the original receipt, and retain the 
 duplicate ; and the party paying shall then hold said original 
 receipt. Said treasurer shall render a full and correct state- 
 ment of his receipts and payments to the board of .commis- 
 sioners at the first regular meeting of the board of commis- 
 
 13
 
 Sec. 19c-19d. charter of the 
 
 sioners in each month, and whensoever at other times he may 
 be required by any member of said board so to do. 
 
 19c. The board of commissioners shall have the right to 
 require of the treasurer a new bond, whenever in their opinion 
 the existing bond is insufficient, and whenever such new bond 
 is required he shall perform no official act until said bond 
 shall be given and approved in the manner aforesaid. 
 
 19d. The said treasurer shall make daily deposits of such 
 sums of money as shall be received by him from all sources 
 of revenue, whatsoever, to his credit as treasurer of said city, 
 in one or more banks situated in said city, to be selected by 
 the president of said board of commissioners, the commis- 
 sioner of finance and revenue, and the treasurer of such city, 
 or by any two of them, and any such bank, before any such de- 
 posit is made therein, shall be required to enter into an obli- 
 gation with the said board of commissioners to pay into the 
 treasury of such city interest on the monthly balances of such 
 deposits at a rate to be fixed by the president of said board of 
 commissioners, the commissioner of finance and revenue, and 
 the treasurer, or by any two of them, and which rate mav be 
 changed in the same manner — such rate to be not less than 
 three (3) per centum per annum, and shall also execute a 
 good and sufficient bond, with sureties to be approved by the 
 president of said board of commissioners, and conditioned 
 that such bank will safely keep and account for, and pay over 
 said money. Said president of the board of commissioners, 
 the commissioner of finance and revenue, and the treasurer, 
 in the selection of any such depository bank, shall take into 
 consideration the reputation and solvency thereof, and the 
 sufficiency of the security offered by such bank. All interest 
 paid by any such bank upon such balances shall be collected bv 
 the treasurer of said city, and shall be by him reported in his 
 next statement following such collection, and shall be con- 
 sidered and treated as part of the general fund of such city, 
 subject to use for any legitimate municipal purpose; and said 
 treasurer shall do and perform such other acts as such board 
 of commissioners may require of him, and for all such serv- 
 ices he shall receive such salary as may be fixed by the board. 
 
 14
 
 CITY OF GALVESTON. SeC. 19e. 
 
 not exceeding- the sum of twelve hundred dollars (1200) per 
 annum, payable in equal monthly installments. 
 
 ASSESSOR AND COLLECTOR. 
 
 19e. The assessor and collector shall make up all the assess- 
 ments of all property for taxation in said city, including the 
 license and occupation taxes, and make rolls thereof, and on 
 completion of the said rolls he shall report the same to said 
 board of commissioners for their action. It shall be the duty 
 of said board, or a committee thereof, designated for that pur- 
 pose, one of whom shall be the commissioner of finance and 
 revenue, to, as soon as the assessment rolls of taxes due the 
 city are completed, sit as a board of equalization, to equalize 
 the taxes assessed on said rolls ; and in addition to the powers 
 granted them by this act, they shall also have the same powers 
 and perform the same duties as the county commissioners' 
 courts of this State in regard to the assessment of property 
 for taxation, and the equalization thereof, and shall be gov- 
 erned in their procedure and acts in this respect as is now 
 provided by the laws of this State relating to the equalization 
 of State and county taxes by the said commissioners' courts; 
 provided, however, that said board shall not sit for more than 
 thirty (3O) days in performing the duties herein described. 
 It shall also be the duty of the said assessor and collector to 
 make out a list of all property, real and personal, which has 
 not been given in for assessment, according to the provisions 
 of this act, and ordinances made in pursuance thereof, and 
 to assess the same in the name of the owner, if he be known, 
 and if not, then it shall be assessed by description of the prop- 
 erty, and by the name of the last known owner; and the 
 value of such property shall be determined by said board of 
 commissioners, sitting as a board of equalization ; and such 
 action may be taken to enforce the collection of taxes so as- 
 sessed, if the same are not paid, as is herein prescribed for 
 the collection of taxes on property given in for assessment. 
 It shall also be the duty of the assessor and collector, at the 
 expiration of the time fixed by ordinance, for the rendition 
 of property, to ascertain what property subject to taxation 
 shall be by him presented to said board of commissioners 
 
 15
 
 Sec. 19f. CHARTER OF THE 
 
 for equalization and valuation by said board, and the same 
 shall by him be entered in a supplement to the assessment 
 rolls as "unknown," specifying the year for which said tax 
 is not paid within the time prescribed by law, and such pro- 
 ceedings may be had to enforce the collection of taxes on 
 such property which has been given in for assessment. Said 
 assessor and collector shall also collect all taxes levied by 
 this act, including any tax levied for public schools, and in 
 the collection of the same in the event of non-payment, he 
 shall proceed in accordance with the provisions of the laws 
 of the State governing the collection of taxes, and shall have 
 the right to employ said remedies to enforce such collections. 
 He shall give bond in such amount and in such form as said' 
 board of commissioners may provide, in a sum not less than 
 twenty-five thousand (25,000) dollars, with two or more good 
 and sufficient sureties, to be approved by the president of 
 said board and the commissioner of finance and revenue ; and 
 the board of commissioners shall have the right to require 
 a new bond whenever in their opinion the existing bond is 
 insufficient, and whenever such new bond is required he shall 
 perform no official act until said bond shall be given and ap- 
 proved, in the manner aforesaid. He shall daily pay over 
 to the treasurer all money by him collected, and shall report 
 to said board of commissioners at the first meeting of that 
 body in every month a full statement of all moneys so col- 
 lected and paid over by him and shall perform all such other 
 duties, and in such manner, according to such rules and regu- 
 lations, as the said board of commissioners may prescribe. 
 He shall receive for his services an annual salary not to ex- 
 ceed the sum of eighteen hundred (1800) dollars. He is 
 authorized to require the owners of all property subject to 
 taxation to render a correct account of the same under oath, 
 which shall be administered by him. 
 
 ATTORNEY. 
 
 19f. It shall be the duty of the attorney to represent the 
 said board of commissioners in all cases brought for or against 
 said city in the courts of the State or of the United States in 
 the county of Galveston or elsewhere, and in the corporation 
 
 16
 
 CITY OF GALVESTON. SeC. lOg. 
 
 court of said city. When requested by the said board of 
 commissioners, or any member thereof, he shall in writing 
 give legal advice on all questions that may be referred to 
 him, and shall also in writing advise the officers of said city 
 as and when he may be called on for said advice. He shall, 
 when requested, prepare all ordinances ; and examine, super- 
 vise, prepare and approve as to form, all contracts made by or 
 with the said board of commissioners. He shall receive an an- 
 nual salary not to exceed twelve hundred ($1300) dollars, and 
 such commissions as may be allowed by said board of commis- 
 sioners ; provided, that no commissions shall be allowed said 
 attorney for the collection of taxes except in such suits as 
 may be designated to be brought by the commissioner of 
 finance and revenue, and in such cases no commission shall 
 be allowed exceeding five (5) per cent on the amount of taxes 
 collected after the institution of such suits. He shall give 
 bond for the faithful ])erformance of his duties in the sum 
 of five thousand ($5(»00) dollars. 
 
 AUDITOR. 
 
 19g. It shall be the duty of the auditor to examine in 
 detail all bills, accounts and claims against the said city, 
 and if found correct sign his name in approval thereof, but 
 if found incorrect he shall return them to the party pre- 
 senting the same for correction. He shall be the general ac- 
 countant of the said city, and shall keep in books regular 
 accounts of all real, personal or mixed property of the said 
 city ; of all receipts and disbursements of money ; and under 
 proper heads, separately, each source of receipt and the cause 
 of each disbursement; and shall also keep an account with 
 each person, including the officers, who have money trans- 
 actions with the said city, crediting amounts allowed by 
 proper authority, and specifying the particular transaction 
 to which such entries apply. It shall also be his duty at least 
 once in each month to examine the books of account of all 
 officers of said city charged with the receipt and disbursement 
 of money, and if they be found incorrect to at once make 
 a report in writing of the same to the commissioner of finance 
 and revenue. It shall also be his duty to examine all war- 
 1- 17
 
 Sec. 19h-19i. charter or the 
 
 rants, and countersign the same after a.ppropriation has been 
 duly made to pay the same by said board of commissioners; 
 and he shall render such other services from time to time as 
 said board of commissioners may direct. He shall receive 
 for his services such compensation as said board may de- 
 termine, not to exceed fifteen hundred ($1500) dollars per 
 annum, and shall give bond for the faithful performance of 
 his duties in the sum of ten thousand dollars ($10,000) with 
 two or more good and sufficient sureties, to be approved by 
 the president of the board and b}' the commissioner of finance 
 and revenue. 
 
 HEALTH PHYSICIAN. 
 
 19h. The health physician shall be a physician in active 
 practice, and shall be charged with the duty of enforcing all 
 quarantine regulations and of keeping the streets, alleys and 
 sidewalks of said city in a sanitary condition, and he shall 
 be authorized to enter all houses and other places, private 
 or public, at all times, in the discharge of his duties, for im- 
 proving the sanitation of said city and the prevention and 
 suppression of disease, and he shall have the power to abate, 
 or cause to be abated, all nuisances which may endanger or 
 afifect the health or comfort of said city, and generally to 
 do all acts and make all regulations that may be necessary 
 or expedient for the promotion of health or the suppression 
 of disease. He shall receive an annual salary of not to ex- 
 ceed one thousand ($1000) dollars. He shall give bond for 
 the faithful performance of his duties in the sum of five 
 thousand ($5000) dollars, with two or more good and suf- 
 ficient sureties, to be approved by the president of the board 
 and by the commissioner of finance and revenue; and shall 
 perform such other duties as may be prescribed by said board 
 of commissioners. 
 
 ENGINEER. 
 
 19i. The engineer of said city shall be a professional civil 
 engineer, and it shall be his duty to ascertain the established 
 monuments of such city, and from them to extend the sur- 
 veys thereof and establish others; and to locate, establish 
 and survey all private property, streets and alleys within 
 
 18
 
 CITY OF GALVESTON. SeC. 19k. 
 
 the territorial limits of said city when called on or required 
 so to do. He shall also maintain the grade of all streets and 
 alleys in such city, and exercise general supervision and 
 superintendence over all work undertaken on the streets, 
 alleys and public squares thereof, make estimates and plans 
 and give instructions as to grading or otherwise improving 
 the same, and with respect to the construction of sidewalks 
 so as to secure and preserve proper proportion and uniformity 
 in the height and width thereof; and also superintend and 
 direct the construction of all culverts, bridges, drains, ditches 
 and other improvements projected by said board; and he shall 
 see that all parties contracting with said board to do any 
 work as aforesaid shall faithfully perform their contract; and 
 in the event of their failure so to do it shall be his duty to re- 
 port the same to the president of said board. He shall also have 
 and exercise general supervision over the construction of all 
 railways which may at any time be constructed through the 
 streets of said city, requiring them to conform to the estab- 
 lished grade so as not to impede the use and passage of said 
 streets. He shall have the right and it shall also be his duty 
 to employ all laborers and workmen upon the streets and 
 alleys, and upon other work that may be under his super- 
 intendence, to the number i)rescribed by said board, and for 
 the compensation fixed by it. and to discharge such laborers 
 and workmen, and generally to have charge of all work done 
 on such streets and alleys, and from time to time to make 
 recommendations to said board as to necessary improvements 
 in said city; and he shall perform such other duties as may 
 be prescribed by said board. He shall receive for his services 
 a salary to be prescribed by said board, not to exceed twelve 
 hundred ($1200) dollars per annum, and such fees as may be 
 prescribed by said board for making surveys and fixing bound- 
 aries of private property, which fees shall be paid by the 
 owners of such private property. 
 
 INSPECTOR OF BUILDINGS. 
 
 l!»k. The inspector of buildings shall be an architect or 
 builder of at least five years' experience in the active practice 
 of his profession, and shall have had responsible charge of 
 
 19
 
 Sec. 191. chaetp:r of the 
 
 work for at least that length of time. He shall have the 
 supervision of the construction of all buildings erected in the 
 said city, and shall see that the building laws relating to the 
 construction of said buildings and the materials out of which 
 said buildings are constructed shall be fully complied with; 
 and he shall perform such other duties as may be prescribed 
 by ordinance, not inconsistent with this act. He shall be 
 paid a salary of nine hundred dollars ($900) per annum, pay- 
 able monthly. It shall be the duty of said inspector to visit 
 and inspect all theaters, hotels, public halls, churches, school 
 houses and buildings used for public assemblages, and all 
 manufactories employing twenty-Lve (25) or more persons, 
 now erected, or that may hereafter be erected in the said 
 city, for the purpose of ascertaining if said buildings have 
 the proper means of exit in case of fire or panic, and if, on 
 examination, the said inspector shall determine that said 
 buildings have not the proper means of exit for the purposes 
 herein prescribed, then it shall be his duty to notify in writing 
 the owners, trustees or lessees of said l)uildings to so im- 
 prove the same as to provide a proper means of exit in case 
 of fire or panic, as in the judgment of said inspector may be 
 deemed proper and necessary ; failure or refusal to comply 
 with such notice to be punished as may be provided bv ordi- 
 nance. 
 
 HARBOR MASTER. 
 
 191. The harbor master shall have the power to regulate 
 and station all ships or other vessels in the harbor or harbors 
 of said city, and at the wharves thereof, or moored or anch- 
 ored near thereto, and to superintend and enforce the ex- 
 ecution of all rules and ordinances regulating the clearing 
 of the docks in said city, and to prevent and remove all 
 nuisances about them ; to prevent the filling up of the harbor 
 and channel in said city and generally to direct and control 
 the manner of loading and unloading the vessels at the docks 
 or wharves in said city. He shall receive an annual salary 
 of not exceeding one thousand dollars ($1000). He shall 
 give bond for the faithful performance of his duties in the 
 sum of five thousand dollars ($5000) with two or more good 
 and sufficient sureties, to be approved by the president of 
 
 20
 
 CITY OF GALVESTON. SEC. 19m-19ll. 
 
 said board and by the commissioner of finance and revenue, 
 and to perform such other duties as may be prescribed by said 
 board of commissioners. 
 
 SUPERINTENDENT OF WATERWORKS. 
 
 19m. The superintendent of waterworks shall have full 
 charge of the city waterworks and city sewerage system and 
 all property connected therewith, and shall manage and con- 
 trol the same. He shall inspect all parts of said waterworks 
 and sewerage S3'stem and see that they are maintained in 
 good condition for use and are being properly cared for, and 
 that all employes of the waterworks and sewerage depart- 
 ment are attending to their respective duties. He shall keep 
 in good repair the pumps, machinery, hydrants and all other 
 waterworks and sewerage fixtures and property. He shall 
 employ all laborers in said department, except the engineer 
 of said waterworks, to the number prescribed by said board 
 and for the compensation provided by law or ordinance or 
 resolution, and shall have power to discharge the same. The 
 superintendent shall perform all such other duties as may 
 be prescribed by the l^oard of commissioners by ordinance 
 or resoUition, and shall receive for his services the sum of 
 twelve hundred dollars ($1"300) per annum, payable in equal 
 monthly installments. The engineer of said waterworks 
 shall perform such duties as may be prescribed by the board 
 of coiumissioners, by ordinance or resolution, and shall re- 
 ceive for his ser\-ices the sum of twelve hundred dollars 
 (Sl"-30(>) })cr annum, payable in ecpial monthly installments. 
 
 SEXTON. 
 
 19n. It shall be the duty of the sexton to exercise a gen- 
 eral superintendence over all cemeteries in such city, whether 
 belonging to said city or not. He shall keep a registry of all 
 burials and the location thereof in said cemeteries, of all 
 persons buried within the territorial limits of said city, and 
 keep all walks in the cemeteries belonging to said city in 
 good condition and free from rubbish and generally to have 
 charge of the interment of all bodies within said city. He 
 shall perform such other duties as may be required of him 
 
 21
 
 Sec. 20. charter of the 
 
 by said board of commissioners, and shall receive for his 
 services not more than one thousand dollars ($1000) per an- 
 num, to be paid in equal monthly mstallments. and such fees 
 as may be allowed by ordinance. 
 
 Sec. 20. Said board of commissioners shall have full povver 
 and authority to establish and maintain a police department, 
 to be composed of a chief of police, two sergeants and such 
 number of patrolmen or policemen as such board may deem 
 necessary, said officers and members of said police depart- 
 ment to be appointed, and their compensation and duties to 
 be fixed, defined and regulated as hereinafter provided, and 
 shall also have power and authority to establish and main- 
 tain a fire department, to procure fire engines and other ap- 
 paratus for the extinguishment of fires, and provide engine 
 houses for keeping and preserving the same ; and said fire de- 
 partment shall be composed of a chief of the fire department, 
 as assistant chief of the fire department, and such number 
 of firemen as said board may deem necessary, the officers 
 and members of said fire department to be appointed and 
 their compensation and duties to be fixed, defined and regu- 
 lated as hereinafter provided. At the first meeting of said 
 board of commissioners after their ([ualification. or as soon 
 as possible thereafter, it shall be the duty of the commis- 
 sioner who may be selected as police and fire commissioner 
 to prepare and present to the board of commissioners, in 
 writing, his recommendations of persons for a])pi)inlnu'nt. 
 both in said police and fire departments, based on the in- 
 tegrity of character and physical and intellectual capacities 
 of the applicants for such positions, and the said board of 
 commissioners shall, upon receiving such recommendations, 
 select therefrom proper persons to fill such positions in the 
 departments respectively as may be by them deemed wise 
 and necessary ; and upon the failure or refusal of said police 
 and fire commissioner to present said recommendations at 
 the second regular meeting of said board it shall thereafter 
 proceed to elect proper persons to fill such positions; pro- 
 vided, however, that so far as it may be practicable and 
 consistent with good order, discipline and improvement of 
 the public service, it shall be the duty of said i)olice and fire
 
 CITY OF GALVESTON, SeC. 20. 
 
 commissioner to prefer in recommendations to said board 
 for appointment to the police and fire departments, respect- 
 ively, those men who have proved themselves capable, good 
 and efficient in the performance of their duties, and the said 
 board shall give due weight to such recommendations ; pro- 
 vided, however, that the chief of police and chief of the fire 
 department shall have the power to temporarily suspend any 
 subordinate officer or member of their departments, re- 
 spectively, for reasons satisfactor}^ to said chief of police or 
 fire department, as the case may be, and to appoint some 
 person to discharge the duties of such suspended officer or 
 member until the grounds of such suspension can be inquired 
 into by the police and fire commissioner; and it shall be the 
 duty of the chief in whose department such suspension shall 
 occur, to report the same in writing within three (3) days, 
 with the reasons therefor, to the said police and fire com- 
 missioner, and also to furnish such suspended officer or mem- 
 ber with a copy thereof within like time. Said police and 
 fire commissioner is hereby invested with exclusive juris- 
 diction to hear and determine any and all charges against any 
 member of the police and fire department for infractions of 
 discipline, disobedience of orders, incompetency, corruption, 
 malfeasance or nonfeasance in office, for violation of any of 
 the rules or regulations prescribed for the government of said 
 police and fire department, or for any conduct unbecoming 
 an officer or member of the said departments, respectively, 
 and e\-ery officer and member of the police and fire depart- 
 ments shall obc}' all lawful rules and regulations prescribed 
 by said board of commissioners for the government of said 
 police and fire departments on pain of dismissal, or such 
 lighter punishment, either by suspension, reduction, or for- 
 feiture of pay, or otherwise, as the said police and fire com- 
 missioner may adjudge; provided, however, that all charges 
 or complaints against the chief of police or the chief of fire 
 department shall be heard and determined by said board of 
 commissioners as provided in this act in case of trials be- 
 fore said board of commissionefs. In case of any charges 
 or complaints made under the provisions of this section 
 against any member of said fire or police department, widiin 
 
 23
 
 Sec. 20. charter of the 
 
 the jurisdiction of the police and fire commissioner, he shall 
 have the power to administer oatiis. lo summon and compel 
 the attendance of witnesses before him, and to examine such 
 witnesses upon any matter where it may be necessary to 
 the discharge of his duties. The chief of police shall attend 
 upon the court which may be designated by law for the trial 
 of offenses arising under this act, or under any ordinance, 
 rule or regulation enacted by the board of commissioners 
 pursuant to this act, and shall promptly and faithfully execute 
 all writs and process issuing from said court. He shall be 
 the chief police oflficer of -said city and shall have like power 
 with the sheriff of the county to execute the writ of search 
 warrant; he shall be active in quelling riots, disorders and 
 disturbances of the peace within the limits of the said city, 
 and shall take into custody all persons so oflfending against 
 the public peace ; and shall have the authority to take suitable 
 and sufffcient bail for the appearance before said court of 
 any person charged with an offense within the jurisdiction 
 of said court ; and it shall be his duty to arrest all persons 
 who shall obstruct or interfere with him in the execution of 
 the duties of his office, or who shall be guilty of disorderly 
 conduct, or any disturbance whatever. To prevent a breach 
 of the peace, or to preserve quiet and good order, he shall 
 have authority to close any theater, barroom, ballroom, drink- 
 ing house or any other place or building of public resort, and 
 in the prevention and suppression of crime and the arrest 
 of offenders within said city, he shall have, possess, and 
 execute like power, authority and jurisdiction as a sheriff 
 of a county under the laws of this State. He shall receive 
 a salary of not exceeding fifteen hundred dollars ($1500) per 
 annum. He shall give such bond for the faithful perform- 
 ance of his duties, and perform such other duties, and possess 
 such other powers, rights and authority, in addition to those 
 herein provided, as the board of commissioners may require 
 and confer upon him, not inconsistent with the Constitution 
 and laws of this State, and the provisions of this act. In 
 case of the absence, sickness or inability to act, of the chief 
 of police, said police and fire commissioner shall have the 
 power, and it shall be his duty, to designate some other mem- 
 
 24
 
 CITY OF GALVESTON. SEC. 21-22. 
 
 ber of said police department as acting chief of police dur- 
 ing the period of such absence, sickness or inability to act, 
 of said chief of police. The chief of the fire department shall 
 be charged with the duty of superintending and directing 
 the extinguishing of fires and the preservation and safe 
 keeping of all lire engines, hose and other apparatus used 
 in connection therewith ; he shall have the power, and it is 
 hereb}^ made his duty, to keep away from the vicinity of 
 any fire all idle, disorderly and suspicious persons, and to 
 compel all officers of the city and all other persons to aid 
 in the extinguishment of fires and the preservation of prop- 
 erty exposed to danger thereat, and in preventing goods from 
 being stolen, and generally, to carry out and enforce such 
 regulations for the prevention and extinguishment of fires as 
 may be by said board of commissioners deemed expedient. 
 
 The chief of the fire department shall receive as compen- 
 sation for his services the sum of fifteen hundred dollars 
 ($1500) per annum, and the assistant chief of the fire de- 
 partment shall receive as compensation for his services the 
 sum of twelve hundred dollars per annum ($1200) payable 
 in equal monthly installments. 
 
 Sec. 21. Said board of commissioners shall have power 
 from time to time to require further and other duties of all 
 officers whose duties are herein prescribed, and to define and 
 prescribe the powers and duties of all officers elected to any 
 office under this act, whose duties are not herein specially 
 mentioned, and to fix their compensation when not herein 
 fixed. They shall also require bonds to be given to said 
 city by all officers for the faithful performance of their duties, 
 and shall require a new bond from any officer, whenever in 
 the judgment of said board, the existing bond is insufficient, 
 and whenever such new bond is required he shall perform 
 no official act until said bond shall be given and approved 
 as provided in this act. The board of commissioners shall 
 provide for the filling of vacancies in all offices not herein 
 provided for, and in all cases of vacancy the same shall be 
 filled only for the unexpired term. 
 
 Sec. 22. That the present officers and employes of said 
 city of Galveston shall continue in office and in the exercise 
 
 25
 
 Sec. 23-28. charter of the 
 
 of their functions until the board of commissioners pro- 
 vided for herein are appointed and elected as herein pro- 
 vided and qualified and shall otherwise provide. 
 
 Sec. 23. All ordinances, regulations or resolutions now 
 in force in the city of Galveston and not in conflict with this 
 act, shall remain in force under this act until altered, modi- 
 fied or repealed by the board of commissioners. 
 
 Sec. 24. No salary not fixed or limited in this act shall 
 ever exceed nine hundred dollars ($900) per annum for any 
 office which said board of commissioners are authorized to 
 create under the provisions hereof, and no officer shall re- 
 ceive fees or commissions except as herein provided. 
 
 Sec. 2.5. The duration of all offices created by this act. 
 or by any ordinance pursuant to this act, passed by the board 
 of commissioners of said city, shall never exceed two years; 
 provided, nevertheless, that the incumbent of any such office 
 shall continue to perform the duties thereof until his suc- 
 cessor is duly qualified. In case of vacancy in the board of 
 commissioners of said city such vacancy shall be filled in 
 the manner provided in section ten of this act for the un- 
 expired term, and in case of vacancy in any other office in 
 said city the board of commissioners thereof shall fill such 
 vacancy for the unexpired term. 
 
 Sec. 26. The health physician, attorney, engineer, auditor 
 and chiefs of police and fire departments shall attend all 
 regular meetings, of the board of commissioners and any 
 special meeting of said board at which their presence may 
 be requested by any member of the board. They shall have 
 the privilege of participating in the discussion of matters 
 relating to their respective departments, but shall have no 
 vote. 
 
 Sec. 27. All official bonds required under this act, except 
 the bonds of the members of the board of commissioners, 
 shall be made payable to the city of Galveston, and shall 
 be in such form and with such sureties as the board of com- 
 missioners may prescribe. 
 
 Sec. 28. It shall not be necessary in any action, suit or 
 proceeding of any kind in which the city of Galveston is a 
 party, for any bonds, undertaking or security to be executed 
 
 26
 
 CITY OF GALVESTON. SeC. 29-32. 
 
 by or in behalf of said city, but all such actions, suits, ap- 
 peals or proceedings shall be conducted in the same man- 
 ner as if such bond, undertaking or security had been given, 
 and said city shall be liable to the same extent as if they 
 had been duly given and executed. 
 
 Sec. 29. Said board of commissioners are hereby author- 
 ized to reduce the number of employes in any department 
 of said city, to remove from office in accordance with the 
 provisions of this act any officer or employe appointed by 
 said board, and to make appointments to any office under 
 them authorized by this act. in the manner herein provided. 
 
 Sec. 30. All funds, evidences of indebtedness, bo')ks, 
 papers and other property belonging to said city, in the 
 hands of the city treasurer at the time this act takes effect, 
 shall be held and retained by him, and he and his sureties 
 shall be held responsible therefor until the same be paid or 
 delivered to the treasurer elected by said board of commis- 
 sioners. 
 
 Sec. 31. All of the officials of said city charged with dis- 
 bursing, safe keeping, or performing any other acts touching 
 the taxes or other revenues of said city, now due or that 
 may hereafter become due, shall be liable for any and all 
 breaches of duty touching the same, as are the State and 
 county officials in regard to like services and acts ; and ma}' 
 be proceeded against criminally and civilly in the same way. 
 It shall be the duty of the district attorney of the district 
 in which said city of Galveston is situated, to enforce all 
 such remedies, civilly and criminally, just as in the case of 
 State officers ; provided, that nothing in this section shall 
 impair the jurisdiction of the board of commissioners in re- 
 spect to such oflfenses, as provided in this act, but all such 
 remedies shall be deemed and held to be cumulative. 
 
 Sec. 32. The board of commissioners shall have power 
 to remove any officer for incompetency, inefficiency, corrup- 
 tion, malconduct, malfeasance or nonfeasance in office, or 
 such other causes as may be prescribed by ordinance, after 
 due notice in writing and opportunity to be heard in his 
 defense, under the rules and regulations hereinafter set forth ; 
 provided, however, that by the word "officer" as used in this 
 
 27
 
 Sec. 33. charter of the 
 
 section, is meant all officers appointed or selected by said 
 board of commissioners, except policemen and firemen. 
 
 That whenever charges are preferred in writing and filed 
 with the president of said board by any person against any 
 such officer for any or all of the offenses named or provided 
 for as above, it shall be his duty to have the accused duly 
 served with a copy of such charges, and shall set a day to 
 inquire into the truth of such charges, and shall notify the 
 accused and the other members of said board, and the wit- 
 nesses for and against the accused, to be present, and the 
 said board of commissioners shall constitute a court to try 
 and determine said case, and they are hereby invested with 
 exclusive jurisdiction to hear and determine said charges, and 
 may continue the investigation from day to day, upon proper 
 showing, to enable the accused or prosecutor to get material 
 evidence before said board. The accused shall have the right 
 to be heard in person or by counsel, and said board shall 
 likewise be represented by counsel, if they desire it. Upon 
 the conclusion of the investigation and argument of the case 
 a vote shall be taken on each charge and specification, and 
 if a majority of all the members of said board vote to sus- 
 tain either of the charges against the accused, it shall be the 
 duty of the president of said board to enter up the judgment 
 of the court, in which he shall record the vote of each mem- 
 ber of said board upon the several charges and specifications, 
 and shall also include in said judgment an order removing 
 the accused from his office and declaring the same vacant, 
 but if the vote is otherwise the accused shall be declared 
 "not guilty," and judgment entered accordingly. 
 
 Sec. 33. The hospital in said city known as the John Sealv 
 Hospital shall, so long as the same is under lease from the 
 State to the city, be under the exclusive control of a board 
 of managers to be known as the "John Sealy Hospital 
 Board," and to consist of five members, to be chosen or ap- 
 pointed as hereinafter provided every two years, and within 
 thirty days after the installation of each new board of com- 
 missioners. Two of the members of the said hospital board 
 shall be selected from said board of commissioners, the mem- 
 bers so selected to be the commissioner of finance and reve- 
 
 . 28
 
 CITY OF GALVESTON. SeC. 33. 
 
 nue and commissioner of streets, alleys, etc., two to be named 
 or selected by the board of regents of the University of the 
 State, and the fifth member to be named or selected by these 
 four ; provided, however, that all members of said John Sealy 
 Hospital board shall be resident citizens of said city of Gal- 
 veston ; and provided further, that in case a majority of said 
 four can not agree upon the fifth member, then such fifth 
 member shall be named or designated by the president of 
 the board of commissioners. The said John Sealy Hospital 
 board shall have the exclusive right to appoint the house 
 surgeon, steward, matron, nurses and such other subordi- 
 nate officers and employes of said hospital as may be re- 
 Cjuired for properly carrying on or conducting the same ; to 
 designate the duties of such subordinate officers and em- 
 ployes; to determine their salaries and compensation, and 
 change the same, and to suspend or discharge them; pro- 
 vided always, that the said hospital board shall, in no event, 
 exceed in any c^nc year in their expenditures the annual al- 
 lowance set apart by the board of commissioners for de- 
 fraying the expenses thereof ; and the said board of com- 
 missioners, as long as said hospital is under lease from the 
 State to the said city, or is in any way responsible for such 
 expenses, shall have the exclusive right to determine and 
 regulate the amount to be expended in carrying on or in 
 conducting the said hospital. The said John Sealy Hospital 
 board shall have the exclusive right to prescribe rules and 
 regulations for the management and conduct of the hospital, 
 and shall have the exclusive management and control of its 
 internal government. The board of health of the city of 
 Galveston, acting through the health physician of said city, 
 shall have the sole and exclusive right and authority, whilst 
 the city is such lessee, to determine and designate what per- 
 son or persons may be admittted as charity patients into 
 said hospital. Patients who pay for hospital services ren- 
 dered them may, however, be received into said hospital 
 under rules and regulations to be prescribed by said hospital 
 board ; provided always, that applications for admittance into 
 said hospital for treatment as charity patients, with written 
 permits to that effect signed by the health physician of the 
 
 29
 
 Sec. 33. charter of the 
 
 city of Galveston, shall have precedence over all others ap- 
 plying for admittance therein. 
 
 The financial affairs of said hospital, so long as the city 
 of Galveston is such lessee, shall be under the exclusive 
 control of said board of commissioners, and the said hospital 
 board shall furnish to the said board of commissioners at its 
 regular meeting in February of each year during said lease 
 an itemized statement or estimate of the various ofificers 
 and assistants and the nurses and other employes and their 
 salaries and wages, and the nature and amount of all other 
 expenses necessary to the proper management and main- 
 tenance of said hospital for th--. twelve months next there- 
 after ensuing, which statement or estimate shall be subject 
 to revision, alteration, modification and reduction by said 
 board of commissioners ; and no expense or liability not pro- 
 vided for in said estimate or statement as finally aporoved 
 and adopted by said board of commissioners shall be in- 
 curred by said hospital board, or any subordinate in the 
 management of said hospital, unless the approval of the 
 board of commissioners in that regard shall have first been 
 obtained. All moneys or revenues arising from hospital serv- 
 ice in said institution during such lease shall, as collected, 
 be paid into the city treasury as a part of the revenues of 
 said city. 
 
 The said hospital board shall keep and preserve or cause 
 to be kept and preserved, in well-bound books, accurate 
 minutes of its meetings and proceedings ; also, in like man- 
 ner a roster of all visiting physicians and surgeons, and all 
 officers, employes and internes of said hospital, and in what 
 capacity serving, with dates of entering service and of dis- 
 charge therefrom, length of time employed and salaries and 
 wages allowed; and also a hospital register, showing name, 
 age, sex, nationality and residence of each and every person 
 admitted as a patient, disease at the date of admittance or 
 supervening while in hospital, dates of admittance, dates of 
 discharge or death of all patients admitted into said hos- 
 pital for treatment, the authority for the admittance of each 
 patient, and the rate charged each and every pay patient; 
 and the house surgeon or other officer in charge of said 
 
 30
 
 CITY OF GALVESTON. SeC. 34. 
 
 hospital shall keep, or cause to be kept, in well-bound books, 
 correct and accurate accounts of all receipts and disburse- 
 ments for account of said hospital, and shall render, under 
 oath, to the said board of commissioners, through the said 
 hospital board, monthly reports or statements showing, for 
 the month then ending all receipts and disbursements, with 
 proper vouchers ; also the number and names of all patients 
 received, the respective dates of admittance, and whether 
 charity patients or pay patients ; the number and name of 
 all patients that have been discharged, or have died during 
 the month ; the disposition made of the bodies of all patients 
 who have died during the month; and the names of all 
 officers and employes, in what capacity serving, and at what 
 salary or wages, respectively. The medical staff of the John 
 Seal}' Hospital shall be constituted of the house surgeon, 
 to be selected as above provided, and during said lease com- 
 pensated by the city; of the visiting physicians and surgeons, 
 to be designated by the board of regents of the University 
 of the State of Texas, from the faculty of the medical de- 
 partment thereof, but who are to receive no compensation 
 from the city for their services; and of two or more students 
 from the medical branch of said University, to serve as in- 
 ternes, and to be selected by said board of regents ; the 
 number and duties of the internes to be determined by said 
 hospital board, and said internes to receive for their services 
 only their board and lodging in said hospital. The officers 
 in charge of said hospital shall, at all times, admit for the 
 purpose of inspection, any member of the board of com- 
 missioners, or any member of the board of health of said 
 city, charged with the duty of visiting or inspecting said 
 hospital, and in like manner the regents of the said Uni- 
 versity or their authorized agents. All the members of said 
 hospital board, as also the house surgeon, shall before en- 
 tering upon their respective duties, take the oath of office 
 as prescribed by the Constitution of the State of Texas. 
 
 Sec. 34. That the local government established by this 
 act shall have power : 
 
 To make regulations to prevent the introduction of con- 
 tagious diseases into the city ; to make quarantine laws for 
 
 31
 
 g,i;e, 34. CHARTER OF THE 
 
 that purpose and to enforce them within the city and within 
 ten (10) miles thereof. 
 
 (1). To have the exchisive control and power over the 
 streets, alleys, highways and public grounds, and to abate 
 and remove encroachments or obstructions thereon ; to open, 
 alter, widen, extend, establish, regulate, grade, clean and 
 otherwise improve the same; and to put drains and sewers 
 therein, and to prevent the incumbering thereof in any man- 
 ner, and to protect the same from any encroachment or in- 
 jury, and to regulate and alter the" grade of premises, and 
 to require the filling up and raising of the same to such grade 
 as may be established under the provision of this act. 
 
 (2). To provide for lighting the streets and to regulate 
 the lighting thereof, and to exclusively regulate, direct and 
 control the laying and repairing of gas pipes and fixtures in 
 the streets, alleys, and sidewalks thereof. 
 
 (3). To erect and establish hospitals, and control and 
 regulate the same. 
 
 (4). To regulate the inspection and vending of fresh meats 
 and all other provisions, and to make such rules and regula- 
 tions in relation to butchers and other vendors of provisions 
 as may be deemed necessary and proper. 
 
 (5). To prevent, prohibit, and suppress immoderate riding 
 or driving in the streets, and to prohibit and punish the abuse 
 of animals, and to compel persons to fasten horses and other 
 animals while standing or remaining in the streets. 
 
 (6). To restrain and punish vagrants, mendicants, beg- 
 gars and prostitutes, and to cause the arrest of all vagrants, 
 tramps, drunken or disorderly persons within said city, and 
 to provide for the punishment of the same by fine or other- 
 wise. 
 
 (7). To arrest and confine for trial, or take bond for the 
 appearance at trial, of all persons charged with ofifenses which 
 are punished as misdemeanors by the laws of the State of 
 Texas, or said local government. 
 
 (8). To compel all owners, tenants or occupants of im- 
 proved property in all instances that may be deemed neces- 
 sary for good sanitation, to construct sanitary appliances, 
 
 32
 
 CITY OF GALVESTOX. SEC. 34. 
 
 and to connect the same with water and sewer mains or 
 pipes. 
 
 (9). To direct and determine in what part of said city 
 buildings of wood shall not be erected ; to regulate and es- 
 tablish the size of bricks that are to be used in houses to 
 be built in said city, and to prescribe the material out of 
 which the mortar used in said houses is to be made and the 
 proportions of such material ; to provide for the taking down 
 and removal of buildings, walls, structures, or superstruc- 
 tures; that are or may become dangerous, and to require 
 owners to remove them, or put them in a safe and sound con- 
 dition at their own expense ; to regulate the building and 
 maintenance of party walls, partition fences, parapet and fire 
 walls, smoke flues and fire places, hot air flues, boilers, kettles, 
 smokestacks and stove pipes; to provide for and regulate 
 the safe construction, inspection and repair of all private 
 and public buildings within the said city, and to regulate, 
 restrain or ])rohil)it the erection of wooden or frame build- 
 ings within the limits of said city, or any part thereof, and 
 remove the same at the owner's expense when erected or 
 suffered to remain contrary to law or ordinance ; to regulate 
 the height, construction and inspection of all new buildings 
 hereafter erected in said city, and the alteration and repair 
 of any buildings already erected, or hereafter to be erected, 
 in said city, and to regulate the limits within which it shall 
 be lawful to erect steps, porticoes, bay windows, sheds, gal- 
 leries, awnings or other structural ornaments to houses front- 
 ing on any of the streets or alleys of said city. 
 
 (10). To prohibit by fine the introduction of paupers into 
 the city by steamboats, railroads or other carriers of persons; 
 to regulate, control and suppress disorderly houses and houses 
 of ill-fame ; to regulate, control and suppress houses of assigna- 
 tion and gaming houses, and to punish gaming as provided by 
 the Penal Code of the State of Texas ; to pass all laws to pre- 
 serve the health of the city ; to define, prevent and remove 
 nuisances within the city, and for a distance of five miles 
 outside of the same ; to prohibit the erection of houses for 
 curing green hides, or slaughter pens, or factories, and all 
 houses of like character; to have the power to require all 
 3- 33
 
 Sec. 34. charter of the 
 
 owners, tenants, or occupants of improved property, which 
 may be located upon or near any street or alley along which 
 mav extend any sewer or system of sewerage that the said 
 city may construct, own or control, to connect with such 
 sewer or S3^stem of sewerage, all water closets, sinks or drains 
 upon their respective properties or premises, so that their 
 contents may be made to empty into such sewer or system 
 of sewerage; provided, that whenever any tenant or occupant 
 shall be required under any ordinance of the city to make 
 sewer connection, or to do any other thing of which the 
 board of commissioners has the power to compel the per- 
 formance, such tenant or occupant shall have a lien upon the 
 property occupied for reimbursement and reasonable attor- 
 ney's fees, if the primary obligation to do the same was on 
 the landlord, said lien to be enforced by competent proceed- 
 ings in any court of competent jurisdiction, and the tenant 
 or occupant may, when so entitled under the general princi- 
 ples of set-ofif, use such claim against his liability for rent ; 
 and to have power to condemn as nuisances all buildings, 
 cisterns, wells, privies and other erections in the city which, 
 on inspection, shall be found to be unhealthy, unsanitar}' or 
 dangerous to persons or property, and cause the same to be 
 abated or removed, unless the owners thereof, at their own 
 expense, upon notice, shall reconstruct the same in such 
 manner as shall be prescribed by the laws of the city; and 
 as to all buildings, cisterns, wells, privies and other private 
 improvements to be constructed in future, they shall have 
 the power, and it shall be their duty, to have the same so 
 constructed as not to interfere with the health of persons, 
 or the safety of persons or property, within the cit}-. 
 
 (11). Said board shall have the power, and it shall be their 
 duty, to provide that the city is kept in a clean and healthy 
 condition, the yard and premises of every occupant of every 
 dwelling, outhouse, office, store, shop, or other place of busi- 
 ness, are cleaned and so kept by such occupant, every day, 
 at his own expense, and to prohibit, by proper laws and pen- 
 alties, every such occupant from throwing or putting any trash 
 or improper material in the streets, alleys or sidewalks, ex- 
 cept for the purpose of removal; to require such occupant 
 
 34
 
 CITY OF aALVESTON. SeC. 34. 
 
 daily to deposit all unsanitary material in the street near by, 
 in some suitable vessel to be provided by the occupant at 
 his or her own expense, to be carried off by the public carts; 
 to have power to prohibit the erection, building, placing, 
 moving or repairing, of wooden buildings within such limits 
 in said city as for the purpose of guarding against the 
 calamity of fire may be designated and prescribed, and may 
 also w'ithin said limits prohibit the moving or putting up, 
 of any wooden buildings from without said limits, and may 
 also prohibit the removal of any wooden buildings from one 
 place to another within said limits, and may direct, require 
 and prescribe that all buildings within the limits so desig- 
 nated and prescribed as aforesaid, shall be made or con- 
 structed of fire-proof materials, and to prohibit the rebuild- 
 ing or repairing of wooden buildings within the fire limits 
 when the same shall have been damaged to the extent of 
 thirty-three and one-third per cent (33 1-3 per cent) of the 
 value thereof, and may prescribe the manner of ascertaining 
 such damage, and may declare all dilapidated buildings to 
 be nuisances, and direct the same to be repaired, removed or 
 abated in such manner as they shall prescribe and direct, 
 and to declare all Avooden buildings in the fire limits which 
 they deem dangerous to contiguous buildings, or in causing 
 or promoting fires, to be nuisances,' and recjuire and cause 
 the same to be removed in such manner as they shall pre- 
 scribe. 
 
 (12). To have the power to prevent and prohibit the 
 dangerous condition of chimneys, flues, fire places, stove 
 pipes, or any other apparatus used in or about any building 
 or manufactory, and to cause the same to be removed, or 
 placed in a secure and safe condition, when considered dan- 
 gerous, and generally to establish such regulations for the 
 prevention and extinguishment of fires as said board of com- 
 missioners may deem expedient. 
 
 (13). To regulate and control plumbers, and plumbing 
 works, and to enforce efBciency of the same. 
 
 (11:). To direct, control and prohibit the keeping and 
 management of houses, or any building for the storing of 
 gunpowder and other combustible explosives, or dangerous 
 
 35
 
 Sec. 34. charter of the 
 
 materials within the city, and to regulate the keeping and 
 conveying of the same, and to regulate and prevent and pro- 
 hibit the use of fireworks within the said limits. 
 
 (15). To regulate and prescribe the mode and speed of 
 vessels, steamboats and other craft on entering and leaving 
 the harbors of said city, and of coming to and departing from 
 the wharves thereof, and the disposition of the sails, yards, 
 anchors and other appurtenances of such vessels, wdiile enter- 
 ing, leaving or abiding in such harbors, and to regulate and 
 prescribe the location of every steamboat, steamship, or other 
 craft, ship, vessel, barge, boat or float, and such changes of 
 station and use of the harbor as may be necessary to pro- 
 mote order therein, and in the safety and equal convenience, 
 as near as may be, of all steamboats, steamships or other 
 craft, ship, vessel, barge, boat or float, and may impose 
 penalties for any ofTense against such ordinance, and may 
 appoint a harbor master to carry out the powers herein 
 granted, and to report any violation of such regulations to 
 the court having jurisdiction thereof. 
 
 (16). To direct and control the laying of railroad tracks, 
 turnouts and switches, or to prohibit the same in the street:";, 
 avenues and alleys, unless the same shall have been author- 
 ized by ordinance ; to require that all railroads, turnouts and 
 switches shall be so constructed as to interfere as little as 
 possible with the ordinary travel and use of streets, avenues 
 and alleys, and that sufficient space shall be left on cither 
 side of said track for the safe and convenient passage of 
 persons, teams, carriages and other vehicles, and to construct 
 and keep in repair suitable crossings at the intersections of 
 streets, avenues and alleys, and ditches, sewers and cul- 
 verts, when the said commissioners shall deem it necessary ; 
 and to direct the use and regulate the speed of locomotive 
 engines within said city or to prevent and prohibit the use 
 or running of the same within the said citv. 
 
 (IT). To make all suitable and proper regulations in re- 
 gard to the use of the streets for street cars, and to regulate 
 the running of the same so as to prevent injury or incon- 
 venience to the public. 
 
 36
 
 CITY OF GALVESTON. SeC. 34. 
 
 (18). To regulate or forbid the opening' and digging up 
 of the streets or alleys by gas, telephone or other companies 
 to the public detriment. 
 
 (19). To provide the city with water; to make, regulate 
 and establish public wells, pumps, cisterns, hydrants and res- 
 ervoirs in the streets or elsewhere within said city, or beyond 
 the limits thereof, for the extinguishment of fires and the 
 convenience and health of the inhabitants thereof, and to 
 prevent the unnecessary waste of water, or any injury to said 
 waterworks ; and to pass ordinances for the condemnation 
 of property for the purpose of establishing, enlarging or main- 
 taining a system of waterworks, whether within or without 
 the limits of such city, conforming the mode and manner of 
 the same to the rules now prescribed for cities and towns by 
 the General Laws of the State in the condemnation of property 
 for the construction of sewers or sewerage systems. 
 
 C^O). To authorize and regulate the laying of pipes and 
 the location and construction of tanks, reservoirs and pump- 
 ing stations for the storage and conveyance of oil and gas. 
 
 (21). To regulate the inspection and vending of fresh 
 meats, fish and other provisions, and to prohibit the sale of 
 any tinted or unwholesome meat, fish or other provisions, 
 and to make such rules and regulations in relation to, butchers 
 as they may deem necessar}- and proper. 
 
 (22). To erect and repair all necessary public buildings. 
 
 (23). To repair and keep in repair streets, alleys, side- 
 walks and other public grounds and places in the city. 
 
 (24). To open and widen streets, to change the location 
 thereof, or to close the same, and to lay off new streets and 
 allevs when necessary, and to have and exercise control over 
 all streets and other public property of the city, as well as 
 that without as that within the city. 
 
 (25). To accept any money or property for the purpose of 
 any public or corporate use. 
 
 (26). To provide by ordinance special funds for special 
 purposes, and to make the same disbursable only for that 
 purpose for which the fund was created, and any officer of 
 said city misapplying said special fund shall be deemed guilty 
 of malfeasance in office, and shall, on complaint of any one 
 
 37 
 
 169 
 
 r;f>
 
 Sec. 34. charter of the 
 
 interested in said fund so misapplied, or anv taxpayer of said 
 city, be removed therefrom, and shall be incapable thereafter 
 to hold any office in said city, and shall, on con^■iction before 
 any court of competent jurisdiction, be fined in a sum not ex- 
 ceeding five thousand (5000) dollars, and be imprisoned in the 
 county jail not exceeding six (6) months. 
 
 (27). To provide for the inclosing, regulating and improv- 
 ing of all public grounds, parks and esplanades belonging to 
 the city, and to direct and regulate the planting and preservirg 
 of ornamental and shade trees in the streets, sidewalks and 
 public grounds thereof. 
 
 (28). To regulate the carrying of weapons, and to prevent 
 the carrying of the same concealed. 
 
 (29). To authorize the proper officer of said city to grant 
 and issue licenses and to direct the manner of issuing and the 
 registering thereof, and the fees and charges to l)e paid there- 
 for; provided, that no license shall be issued for a longer i)e- 
 riod than one year, and shall not be assignable, except by 
 permission of the board of commissioners. 
 
 (30). To establish and regulate public pounds, and to reg- 
 ulate, restrain and prohibit the running at large of horses. 
 mules, cattle, sheep, swine, goats and geese, and to authorize 
 the distraining, impounding and sale of the same for the costs 
 of the proceeding and the penalty incurred, and to order their 
 destruction when they can not be sold, and to impose penal- 
 ties on the owners thereof for violation of any ordinance, and 
 also to impose penalties on the owners or keepers thereof, 
 and to tax, regulate, restrain and prohibit the running at large 
 of dogs, and to authorize their destruction when at large 
 contrary to ordinance, and to impose penalties on the owners 
 or keepers thereof. 
 
 (31). To regulate the burial of the dead, and to regulate 
 the registration of deaths, marriages and births. Xo person 
 shall be buried without a certificate of the i)hysician or post- 
 mortem examination, or after a coroner's inquest. 
 
 (33). To compel and force all offenders against any ordi- 
 nance of the city found guilty by any court of competent jur- 
 isdiction and sentenced by it to imprisonment, to labor on the
 
 CITY OF GALVESTON. SEC. 35-36. 
 
 Streets and alleys of said city, or on any public works thereof, 
 under such regulations as may by ordinance be established. 
 
 (33). The board of commissioners, as established by this 
 act, shall be invested with the power and charged with the 
 duty of making all laws or ordinances not inconsistent with 
 the Constitution of this State, that may be necessary and 
 proper to accomplish the general object of this act, and to 
 pass all ordinances, rules and regulations necessary for the 
 good government, peace and order of said city and the trade 
 and commerce thereof, and to adopt rules for the government 
 of its proceedings. 
 
 (34). Said board shall have the power to establish, erect, 
 construct, regulate and keep in repair bridges, culverts, side- 
 walks and crossways, and to regulate the construction and 
 use of the same, and to abate and punish any obstructions 
 or encroachments thereon, and the cost of the construction 
 of sidewalks shall be defrayed by the owners of the lot or part 
 of lot or block fronting on the sidewalk. 
 
 (35). To establish and erect markets and market houses, 
 designate, control and regulate market places and privileges, 
 inspect and determine the mode of inspecting meat, fish, veg- 
 etables and all produce and every article and thing therein 
 brought for sale. 
 
 (3G). To provide for the suppression and prevention of 
 any riot, rout, affray, noise, disturbance or disorderly as- 
 sembly in any public or private place within the city. 
 
 (37). To prt)hil)il antl restrain the firing of firecrackers, 
 or use of any pyrotechnic or any other amusement or practice 
 tending to annoy persons passing in the streets or sidewalks 
 or to frighten horses or teams ; to restrain and prohibit the 
 ringing of bells or the blowing of horns and bugles, crying 
 of goods and all other noises, practices and performances 
 tending to the collection of persons on the streets and side- 
 walks, by auctioneers and others, for the purpose of amuse- 
 ment, business or otherwise. 
 
 Sec. 3.5. To prevent, regulate and control the dri^•ing of 
 cattle, horses and all other animals into or through the city. 
 
 Sec. 3G. To prevent any person from bringing, deposit- 
 ing or having within the limits of said city any dead carcass 
 
 39
 
 Sec. 37-40. chartek of the 
 
 or other offensive or unwholesome substance or matters, and 
 to require the removal or destruction by any person who shall 
 have placed, or caused the same to be placed, upon or near his 
 premises or elsewhere, of any substance or matter, filth or any 
 I)utrid or unsound beef, pork or fish, hides or skins of any 
 kind, and on his default, to authorize the removal or destruc- 
 tion thereof by some officer of the city, and require the owner 
 of any dead animal to remove the same to such place as may 
 be designated. 
 
 Sec. 37. The said board of commissioners shall have the 
 power to do any and all acts necessary to preserve the harbor, 
 and to dredge out, widen or deepen the channel of the harbor 
 of the city of Galveston, to prevent any use of the same or 
 any act in relation thereto inconsistent with the public health, 
 or calculated to render the waters of the same, or any part 
 thereof, impure or offensive, or tendi'ng in any degree to fill 
 up or obstruct the said channel ; and to prevent and punish the 
 casting, throwing or depositing therein of any stone, shell or 
 other substance, logs or floating matter, and to prevent and 
 remove all obstructions therein and to punish the authors 
 thereof. It shall also have the power to erect and to regulate 
 the erection of wharves fronting the channel, or their exten- 
 sion in such manner as may be by it deemed for the public 
 interest, to fill or cause to be filled or otherwise improved, 
 any property belonging to said city of Galveston, or under 
 its control, and to do any and all acts necessary and proper 
 to promote the use and availability of such property for the 
 purposes of commerce and in aid of the preservation and 
 protection of the said harbor of Galveston and the channel 
 therein. 
 
 Sec. 38. To prevent all trespasses, breaches of the peace 
 and good order, assaults, assaults and batteries, fighting, quar- 
 relmg, using abusive and insulting language, misdemeanors 
 and disorderly conduct, and to punish all persons thus offend- 
 ing. 
 
 Sec. 39. To prevent all prize fighting, cock and dog fight- 
 ing, and punish all persons thus offending. 
 
 Sec. 40. To regulate and determine the time and place of 
 bathing and swimming in the waters adjoining or within said 
 
 40
 
 CITY or (lALYESTON. SEC. 41-44. 
 
 city, and to prevent any obscene or indecent exposition, ex- 
 posure or conduct. 
 
 Sec. 41. The board of commissioners shall have power to 
 require on due notice all railway companies owning track 
 within the city limits, which may have been or may hereafter 
 be abandoned by them, by non-user, to remove such tracks 
 and to restore at their own expense the street or way upon 
 which such abandoned track is located to proper grade. The 
 board of commissioners shall have power at any time to 
 change the location or remove the railway track or tracks on 
 any street or avenue from one portion of the street to another, 
 and to enforce such change of location in mode to be pre- 
 scribed by ordinance. 
 
 Sec. 42. The board of commissioners shall, as soon as 
 may be, after the commencement of each fiscal year, contract 
 as they may by ordinance or resolution determine, with a 
 public newspaper of such city, as the official paper thereof, 
 and to continue as such until another is selected, and shall 
 cause to be published therein all ordinances, notices and 
 other matter required by this act, or by the ordinances of said 
 city to be published. 
 
 Sec. 43. The board of commissioners shall have authority, 
 by ordinance duly enacted, to provide for the establishment 
 and maintenance of a free public library in the city of Gal- 
 veston, and to this end may make appropriations in amounts 
 within their discretion; and may receive donations of books, 
 papers, magazines, periodicals, or other property, or money, 
 for the benefit of and maintenance of such public library. 
 
 Sec. 44. The board of commissioners shall have power to 
 appropriate money to provide for the expenses of said city. In 
 the month of February of each year, or as soon thereafter as 
 practicable, it shall make a careful estimate of the probable 
 revenues of said city for the ensuing year, and shall provide 
 for the disbursement and expenditure of the same and shall 
 at the same time fix the salaries of all officers and employes 
 appointed or elected under the provisions of this act, except 
 those whose compensation is fixed herein, said appointment 
 to be made as follows, towit : 
 
 41
 
 Sec. 44. chakter of the 
 
 1. It shall reserve and set apart a fund of twenty-five thous- 
 and (25,000) dollars, to be used only in case of extraordinary 
 emergencies, which could not have been foreseen before their 
 occurrence, but in no event to be used for the ordinary ex- 
 penses of said city; and whenever there shall remain unex- 
 pended any portion of such reserve fund the same shall con- 
 stitute a part of such reserve fund for the next ensuing year. 
 
 2. It shall then apportion the remainder of the estimated 
 revenue to the several departments of the said city for the 
 general expenses thereof. 
 
 Any member of said board of commissioners who shall 
 knowingly vote for, or in any manner aid or promote, the 
 passage or adoption of any ordinance, legislation or other act 
 of said board increasing the appropriation for the expenses 
 of said city beyond the estimate aforesaid, unless the actual 
 revenue shall have exceeded such estimate, and, in such event, 
 beyond such actual revenue, shall thereby vacate his office, 
 and shall be guilty of malfeasance in office, and shall be re- 
 moved from his office in the manner provided for in this act. 
 and shall be removed from his office in the manner provided 
 for in this act. 
 
 Said estimate or budget shall be prepared in such detail, 
 as to the aggregate sum and the items thereof, as the said 
 board shall deem advisable, and in order to enable the said 
 board to properly prepare such estimate, the heads of all de- 
 partments shall, at least thirty (30) days before the said esti- 
 mate is hereby required to be made, send to the said board, 
 in writing, estimates of the amounts needed for the conduct. 
 respectively, of each department of said city for the next en- 
 suing fiscal year. Such estimates shall be verified by the oath 
 or affirmation of the parties making them, and a wilfully false 
 statement made in a material matter, contained in such esti- 
 mates so made to said board, shall be perjury and punishable 
 as provided by the Penal Code of the State of Texas. The 
 said estimates shall specify in detail the objects thereof and 
 items required for the respective departments, including a 
 statement of each of the salaries of the officers, employes, 
 deputies and subordinates in each department. It shall' be 
 the duty of said board of commissioners, when assembled for 
 
 42
 
 CITY OF GALVESTON. SeC. 44. 
 
 the consideration and appropriation for said budget, to con- 
 sider and investigate the estimates prepared by said officers, 
 and to hold daily sessions for the consideration and adoption 
 of said budget. After said budget shall have been duly passed 
 and adopted, said board of commissioners shall not have the 
 power to increase the amounts fixed therein, in order to insert 
 any new items therein during such current year, and the said 
 several sums, as therein fixed, shall be and become appropri- 
 ated after the beginning of the next ensuing fiscal year for 
 the several purposes therein named, to be used by the said 
 board of commissioners and the several departments of said 
 government for the purposes therein named, and for no other 
 purposes or uses whatever. And said board of commissioners 
 shall not have the power, by any ordinance or resolution, to 
 enlarge any item contained in said budget after the same is 
 duly, passed. Xo appropriation provided for in said budget 
 shall be diverted or used under any circumstances for any 
 other purposes than that named therein ; and no temporary 
 loan shall be authorized or made to pay any deficiency arising 
 trom a failure to realize sufiicient income from taxation to 
 meet the amounts provided for in said budget, but the said 
 board of commissioners may borrow money for its use in antic- 
 ipation of the receipt of taxes levied for any one year; and 
 pledge as security the uncollected taxes for any such year; pro- 
 vided, however, that the money so borrowed for this purpose 
 shall not exceed in any one year the sum of $100,000. In case 
 of any such deficiency there shall be a pro rata abatement 
 of all appropriations contained in said budget ; and in case 
 of any surplus arising in any fiscal year by reason of an ex- 
 cess of income received from the estimated revenues over 
 the expenditures for such year, the said surplus shall be cred- 
 ited to the general fund of said city and shall form part of the 
 general fund for the next ensuing fiscal year. The fiscal year 
 of the city of Galveston shall begin on the first day of March 
 in each year; provided, however, that the first board of com- 
 missioners appointed and elected under this act shall, within 
 thirty days after their cjualification, make up a budget in com- 
 pliance with the provisions of this section for the period end- 
 ing February 28, 1902. 
 
 43
 
 Sec. 45-46. charter or the 
 
 Sec. 45. No franchise or right in relation to any highway, 
 avenue, street, lane or alley, either on, above or below the sur- 
 face of the same, and no franchise or right in relation to any 
 island or land covered by water that may belong to or be 
 claimed by the city of Galveston, shall be granted by the 
 board of commissioners to any person or corporation for a 
 longer period than fifty (50) years. Every grant of any sucli 
 franchise or right may make provision by way of forfeiture of 
 the grant or otherwise for the purpose of compelling compli- 
 ance with the terms of the grant, and to secure efficienjzy ci 
 public service at reasonable rates], and the maintenance (A 
 the property in good condition throughout the full tern) of 
 the grant. Before any grant of any such franchise pr right 
 shall be made, the proposed specific grant, embodied in ^he 
 form of a brief advertisement, prepared as may be directed 
 b}' ordinance of the board of commissioners, shall be published 
 at the expense of the applicant, for at least three (3) days in 
 the official journal of said city. When the grant of any such 
 franchise or right is made, the city shall not part with, but 
 shall expressly reserve the right and duty at all times, to exer- 
 cise in the interest of the public, full superintendence, regu- 
 lation and control in respect to all matters connected with the 
 police powers of said city. Before any such grant of any such 
 franchise or right shall be made, the proposed specific grant 
 shall be embodied in the form of an ordinance, with all such 
 terms and conditions as may be right and proper, including 
 a provision as to the rates, fares and charges if the grant pro- 
 vides for the charging of rates, fares and charges. All 
 legal ordinances, resolutions or acts heretofore passed or had 
 by the said city, makmg any grant or concession, or vesting 
 any property right, interest or franchise, shall remain un- 
 afifected by the repeal of the charter of said city, and amend- 
 ments thereto, hereinafter provided for. 
 
 Sec. 46. Said board of commissioners shall have the power 
 and it is made their duty to adopt rules and regulations for the 
 management of the waterworks and sewerage systems, and 
 they shall make and establish a schedule of water and sewer 
 rates and tolls, and describe the mode and manner of the 
 construction of the surface pipes, alley laterals and house con- 
 
 44
 
 CITY OF GALVESTON. SeC. 47-48. 
 
 nections. with the water mains and sewer pipes; and the said 
 board of commissioners shall pass all ordinances necessary 
 for the protection and preservation of the said waterworks 
 and sewerage system, and for the prevention of waste and 
 damage thereto ; and said board of commissioners shall have 
 power to require all property owners whose property may be 
 located upon or near any street or alley along which may 
 extend any sewer or system of sewerage that the said cit}' 
 may construct or authorize to be constructed, or that it may 
 acquire by purchase or otherwise, to connect with such sewer 
 or system of sewerage all water closets, sinks and drains lo- 
 cated upon their respective property or premises, so that their 
 contents may be made to empty into such sewer or system of 
 sewerage, whether said system is constructed by said city i^r 
 is acquired by it by purchase or otherwise. 
 
 Sec. 47. That neither the said commissioners nor the said 
 city of Galveston shall be liable in damages, except for neg- 
 ligence, for any injury or injuries to persons or to property 
 caused by filling, raising, grading or elevating any property 
 within the city of (lalveston, or in the prosecution of any pub- 
 lic improvement in said city. 
 
 Sec. 48. The board of commissioners shall have power, 
 and they are hereby authorized, to impose additional uses and 
 burdens upon the streets, avenues, alleys and public grounds 
 of said city, for the location, construction and maintenance of 
 breakwaters and other like works for the protection of the 
 city of Galveston, whether constructed by the United States 
 government the State of Texas or the city of Galveston, with 
 the right to take and appropriate such land and other prop- 
 erty as may be deemed necessary for the establishment, loca- 
 tion, construction and maintenance of said breakwaters and 
 other like works for the protection of the city of Galveston 
 from encroachment or overflow by the waters of the gulf; 
 and for such other purpose to define the area of land neede i 
 and to acquire, take, hold and enjoy the same, and for that 
 purpose shall have the right to exercise the right of eminent 
 domain and to condemn lands for said purposes and uses, in 
 the manner and under conditions provided by law in rhe 
 case of railroad corporations. 
 
 45
 
 Sec. 49-51. charter of the 
 
 Sec. 49. To pass ordinances for the condemnation of prop- 
 erty for the purpose of opening the streets in the city, con- 
 forming the mode and the manner of the same to the rules 
 prescribed for cities and towns by the General Laws of the 
 State; and to regulate, prohibit or remove all buildings or 
 structures on the shores or in the waters within the limits of 
 the city where the same are not authorized by law. 
 
 Sec. 50. That said commissioners shall not issue any bonds, 
 notes, scrip or other evidence of indebtedness, except as pro- 
 vided in this act, and shall in no event contract for work, 
 material or services in excess of the amount of the estlrnated 
 revenues for the current year and the funds on hand applica- 
 ble to such purposes; and all parties contracting with said 
 commissioners for work, material or services shall look alone 
 to the revenues for that year, and to such funds as may be 
 applicable for such purposes at the date of any such contract, 
 and the revenues of no subsequent year shall be appropriated 
 or used to meet any such deficit, and no property, real or 
 personal, owned or held by said city of Galveston for public 
 use, for governmental purposes, or in trust for the public, shall 
 ever be subject to execution or attachment, or seizure under 
 any legal process, for any debt heretofore or hereafter created 
 by said city of Galveston ; and all taxes due, or money in the 
 hands of the officers charged with the collection of taxes or 
 any other revenues belonging to said city, shall be exempt 
 from seizure, under attachment, execution, garnishment or 
 any other legal process. 
 
 Sec. 51. To license and tax the owners of all vehicles in 
 the city of Galveston used or kept for private or public uses, 
 and to license, tax and regulate hackmen, draymen, omnibus 
 drivers and drivers of baggage wagons, porters and all others 
 pursuing like occupations, with or without vehicles, and pre- 
 scribe their compensation, and provide for their protection, 
 and make it a misdemeanor for any person to attempt to de- 
 fraud them of any legal charge for services rendered, and to 
 regulate, license and restrain runners for steamboats, rail- 
 roads, stages and public houses ; and enforce the collection of 
 all such taxes by proper ordinances ; and all revenues collected 
 under the provisions of this section, or any ordinance passed 
 
 46
 
 CITY OF GALVESTON, SeC. 52-54. 
 
 in pursuance thereof, shall be used only for the improvement 
 of the streets and alleys of said city. 
 
 Sec. 53. That the said board of commissioners of said city 
 is authorized to appropriate all delinquent taxes against which 
 no demands are outstanding-, and after the purposes for which 
 said taxes were levied have been fulfilled and satisfied, to an}^ 
 proper municipal purposes, and the said board is empowered, 
 at the end of each fiscal year thereafter, to declare such residue 
 of all said delinquent taxes a surplus fund, and to direct that 
 the same, when collected, be carried in bulk as a surplus ac- 
 count, subject to appropriation by said board for proper mu-* 
 nicipal purposes, under the provisions of this act. 
 
 Sec. 53. The following property in said city shall be ex- 
 empt from taxation, towit: All lands used exclusively for 
 graveyards, or grounds for burying the dead, except such as 
 are held or owned by any person, company or corporation with 
 a view to profit, or for the purpose of speculation in the sale 
 thereof ; all buildings belonging to institutions of purely pub- 
 lic charity, together with the lands belonging to and occupied 
 by such institutions not leased or otherwise used, with a view 
 to profit, and all moneys and credits appropriated solely to 
 sustaining such institutions, together with such other prop- 
 erty as is exempt from taxation by the Constitution and laws 
 of the State of Texas or of the United States. 
 
 Sec. 54. The board of commissioners shall have power 
 and they are hereby authorized to levy for general purposes 
 an annual ad valorem tax on all real, personal and mixed prop- 
 erty within the territorial limits of said city, not exempt from 
 taxation by the Constitution and laws of the State of Texas, 
 of and at the rate of not exceeding seventy (70) cents on the 
 one hundred (100) dollars cash valuation of said property. 
 The meaning of the term "real property," as used in this act, 
 shall be construed to include lots, lands and all buildings or 
 machinery and structures of every kind erected upon or affixed 
 to the same ; and the meaning of the term "personal property," 
 as used in this act, shall be construed to include all house- 
 hold furniture, moneys, .goods, capital and chattels, all ships, 
 steamboats and vessels, whether at home or abroad, all stocks 
 of corporations, moneyed or otherwise, and, generally, all 
 
 47
 
 Sec. 54. charter of the 
 
 property which is not real. That the taxes herein and hereby 
 authorized to be levied shall become due and payable on 
 September first of each year and shall bear interest at the rate 
 of six per cent per annum from October first following the 
 said levy, until the same are paid, and said taxes are hereby 
 made payable in the currency or coin of the United States. 
 
 Said board shall also have the power to annually levy and 
 collect a poll tax of one (1) dollar of and from every male in- 
 habitant of such city over the age of twenty-one (21) years 
 and under sixty (60) years of age, who shall have resided 
 therein six (6) months previous to the levy of such tax. 
 
 Said board of commissioners shall have power to provide 
 by ordinance for the assessing and prompt collecting of all 
 the taxes aforesaid, and to determine when taxes shall be 
 paid by corporations and when by individual corporators. 
 The license and occupation taxes authorized to be levied by 
 this act shall be collected by the assessor and collector of 
 taxes, and shall be paid to that officer by each and every per- 
 son and firm before engaging in any trade, j)rofession, busi- 
 ness, calling, vocation or occupation subject to said tax, as 
 is provided by the terms of this act. 
 
 Said board of commissioners shall have the power to regu- 
 late the manner and mode of making out tax lists or invento- 
 ries, and the appraisement of pro])erty therein, and should 
 prescribe how and when property shall thus be rendered, and 
 shall also prescribe the number and form of assessment rolls 
 and fix and define the duties and powers of the assessor and 
 collector, and adopt such measures as they may deem advis- 
 able, to secure the assessment of all property within the limits 
 of said city, and to collect the taxes thereupon, conforming the 
 said manner and mode of rendering property for assessment, 
 and the assessment thereof, as near as may be, to that provided 
 by law for the rendition and assessing of property for State 
 and county purposes, and until the passage of such ordinances 
 the said board of commissioners and the assessor and col- 
 lector of taxes shall be governed in their procedure and acts 
 in relation to the assessment and collection of said taxes as is 
 provided by the laws of this State relating to the assessment 
 and collection of State and county taxes. 
 
 48
 
 CITY OF GALVESTON. SeC. 55-57. 
 
 When any real or personal property situated with the ter- 
 ritorial limits of said city has been returned delinquent, or 
 reported sold to said city for the taxes due thereon, the board 
 of commissioners may cause to be prepared lists of delinquents 
 in the same manner as is provided for in Section 3 of the act 
 of the Twent3'-fifth Legislature of the State of Texas, and 
 set out in Chapter 103 of the General Laws of said Twenty- 
 fifth Legislature, and when such list shall be certified to as cor- 
 rect by the president of said board of commissioners, the said 
 board of commissioners may direct the city attorney to file 
 suit in the district court of Galveston county for the recovery 
 of the taxes due on said property, together with the penalty, 
 interest and costs of suit, which suits may be brought in the 
 same manner as is provided in Section 5 of said act of the 
 Twent3'-fifth Legislature above mentioned, for the bringing 
 of suits by the county attorne}', and the provisions of said 
 act of the Twenty-fifth Legislature, as contained in Chapter 
 103 of the General Laws of said Legislature, shall be in force 
 as to such taxes so far as the same are applicable. 
 
 Sec. 00. The board of commissioners shall have power to 
 provide by ordinance for the levy and assessment of taxes on 
 the property or shares of the capital stock of all corporations, 
 companies, banks and other like institutions, and on their 
 notes and bills receivable, and all of said property or shares 
 of such corporations, companies and banks shall be assessed 
 and taxed in the same manner as is provided by the laws of 
 the State of Texas for State and county taxes. 
 
 Sec. 5G. All taxes levied by this act shall be a lien on all 
 property upon which they are assessed, both real and personal, 
 until the same shall have been paid, and in addition to the 
 other remedies provided by this act for the collection of such 
 taxes suits may be instituted to recover the same and the said 
 liens forclosed in any court of competent jurisdiction. 
 
 Sec. 57. Any and all descriptions of real estate, blocks, 
 outlots, lots, or any parts or fractions thereof, and of all 
 personal property, and any and all dates, 3'ears, valuations, 
 taxations, nvmibers, quantities, or amounts contained in any 
 assessment roll, land tax book, personal tax book, or descrip- 
 tions contained in any book or roll used for the purpose of 
 4- 49
 
 Sec. 58. charter of the 
 
 assessing property, shall be sufficient and valid when made or 
 stated in whole or part in abbreviations or contractions of 
 words, letters, characters, or figures; and when so made or 
 stated shall be deemed and held to be fully and fairly made 
 and stated, as though the same had been written out in full. 
 Xo error or irregularity in any assessment roll, tax book, or 
 other document relating to the levy, assessment, equalization, 
 or collection of the taxes of the city shall in any manner affect 
 or impair the validity of any tax, or affect the proceedings for 
 the collection thereof, but ever}^ such assessment shall be 
 liberally construed to affect the purposes and objects of this 
 section in determining the validity thereof. 
 
 Sec. 58. That in all cases where any dealer in goods, or 
 merchandise of any kind subject to either ad valorem or occu- 
 pation taxes, or both, under the provisions of this act, shall, 
 after the rendition of said goods, wares, or merchandise, for 
 taxation or after becoming liable for any occupation tax, be- 
 come, or be adjudged, bankrupt, or make an assignment of 
 said goods, wares or merchandise, or sell out or transfer the 
 same in bulk, then the assessor and collector of taxes shall at 
 once present to the trustee in bankruptcy, receiver, assignee, 
 or vendee of said dealer, for payment, a statement of the 
 amount due for said occupation or ad valorem taxes by said 
 dealer, and in case of the failure of said trustee in bankruptcy, 
 receiver, assignee, or vendee to at once pay the amount of said 
 taxes, the said assessor and collector shall, by virtue of his as- 
 sessment roll, levy upon, seize and sell from the said goods, 
 wares, or merchandise, enough to satisfy the amount of said 
 taxes, interest and costs, such sale to be conducted in the man- 
 ner prescribed for the sale of personal property under execu- 
 tion ; and said taxes, until paid, shall be and constitute a prior 
 lien on all of said merchandise, goods and wares, in default of 
 the payment of said taxes ; and, whenever any goods, wares, or 
 of attachment or execution upon which the said city has a 
 assessor and collector shall, by virtue of his assessment roll, 
 levy upon, seize and sell from the said goods, wares, or mer- 
 chandise, enough to satisfy the amount of said taxes, interest 
 and costs, such sale to be conducted in the manner now pre- 
 scribed for the sale of personal property under execution ; 
 
 50
 
 CITY OF GALVESTON. SEC. 59-60, 
 
 and said taxes, untu paid, shall be and constitute a prior lien 
 on all of said merchandise, goods and wares, in default of the 
 payment of said taxes ; and whenever any goods, wares, or 
 merchandise shall be levied upon or seized under any writ 
 of attachment or execution, upon which the said city has a 
 claim for ad valorem or occupation taxes unpaid, said asses- 
 sor and collector shall present for payment to the ofBcer levy- 
 ing said writ of attachment or execution, the amount due for 
 said taxes, interest and costs on said goods, wares or mer- 
 chandise, and in case of the failure of said officer, or of the 
 plaintiff in said writ, to at once pay the amount of said taxes, 
 said assessor and collector shall proceed to levy upon, seize 
 and sell enough of said goods, wares or merchandise, to sat- 
 isfy the amount of said taxes, interest and costs, as herein- 
 before provided. 
 
 Sec. 59. Xo demand for the payment of any taxes due the 
 city shall be necessar}-, but it is hereby made the duty of 
 every person or corporation subject to taxation to attend at 
 the office of the assessor and collector of taxes at the time 
 Avhen said taxes may be made payable by ordinance, and pay 
 all such taxes. If any one fails to pay said taxes before the 
 first day of October the same shall be and become delinquent 
 within the meaning of this act. 
 
 Sec. 60. All taxes due by property owners on any and 
 all property for the year 1884 and up to and including the year 
 1899, and for all years to come until otherwise provided by 
 charter, as appears upon the tax rolls of said city, may be 
 collected by suit from delinquent and foreclosure of the lien 
 thereon be had in any court having jurisdiction of the 
 same, and any person who shall purchase property encum- 
 bered with a lien for taxes shall be deemed as to such taxes 
 a delinquent taxpayer, and such purchaser takes the property 
 charged with the lien, and he can not interpose any defence 
 which his vendor might not have interposed had he continued 
 to be the owner thereof. And no delinquent taxpayer shall 
 have the right to plead in any court, or in any manner rely 
 upon, any statute of limitation by way of defense against the 
 jjayment of any taxes or assessments due from him or her to 
 the city of Galveston. 
 
 51
 
 Sec. 61-63. chaktee of the 
 
 Sec. 61. In all cases where the State has instituted suit for 
 taxes, where taxes are due the city on the same property for 
 the same years, the city of Galveston shall have the right to 
 intervene in such pending suits and have judgment for its 
 taxes and to foreclose its lien for said taxes, and in cases where 
 the city has first instituted suits for taxes the State shall have 
 the same right to intervene. 
 
 Sec. 62. Said board of commissioners shall have the power 
 to license, tax and regulate merchants, commission merchants, 
 hotel and innkeepers, drinking houses or saloons, barrooms, 
 beer saloons and all places or establishments where intoxi- 
 cating or fermented liquors are sold, brokers, money brokers, 
 real estate agents, insurance agents, insurance brokers, and 
 all other trades, professions, occupations and callings of every 
 kind not specially mentioned herein as may be taxed or li- 
 censed by the laws of the State, but no assessment or license 
 tax levied imder this section shall exceed one-half of the 
 amount levied by the State for the same period on such pro- 
 fession or occupation, and the same may be regulated, levied 
 and collected in the same manner as said taxes are regulated 
 and collected by the State. 
 
 Said board shall also have the power to license and regulate 
 any itinerant or transient vendor of clothing or wearing ap- 
 parel, article of bedding or merchandise of any description 
 whatever. To license and regulate dealers in bankrupt or fire 
 stock, or damaged stocks of any kind, second-hand dealers, 
 pawnbrokers, junk shops and dealers in junk, or any other 
 business or occupation which in the opinion of said board 
 shall be the proper subject of police regulation. 
 
 Sec. 63. The board of commissioners of said city, by the 
 unanimous vote of the full board, shall have the power, and 
 are hereby authorized, to correct, adjust and reduce any as- 
 sessment upon property heretofore made, and in cases of 
 financial inability, or acute financial distress, caused by the 
 hurricane of September 8, 1900, to compromise, adjust and set- 
 tle any uncollected taxes, interest and penalty levied for the 
 year 1900, by said city upon such property, and also to com- 
 promise and settle any judgment for taxes, interest and pen- 
 alty. The power and authority conferred by this section upon 
 
 52
 
 CITY OF GALVESTON. SeC. 64-66. 
 
 said board of commissioners ma}^ also be exercised and en- 
 forced by any court of competent jurisdiction. 
 
 ScE. 6-i. That all revenue arising- from assessments or real 
 and personal property, that have been heretofore or may here- 
 after be made or levied on account of public schools or public 
 education in the said city, shall be and remain for the use and 
 benefit of the public schools of said city, and when the said 
 tax is collected it shall be paid over, weekly, to the treasurer 
 of the board of public school trustees of the said city. 
 
 Sec. 65. The board of commissioners of said city of Gal- 
 veston shall, annually, levy and assess the special tax for the 
 support of the public free schools in said city that has hereto- 
 fore been or may be hereafter voted for that purpose by the 
 qualified voters in the city of Galveston, by an ordinance duly 
 passed by said board upon the requisition of the board of 
 trustees of the public schools of the city of Galveston, said 
 tax to be levied and assessed in the same manner as is re- 
 quired by this act in the levy and assessment of taxes for gen- 
 ral purposes. 
 
 Sec. 66. The board of commissioners shall have power to 
 assess and collect the ordinary municipal taxes upon city or 
 horse railroads, and to compel the said city railroad companies 
 to keep their roads in repair, and to restrain the rate of travel 
 so as not to exceed seven miles per hour, and to compel said 
 city railroads to supply ample accommodation for the safe and 
 convenient trave'l of the people on any street where their 
 tracks may run. The board of commissioners may enforce 
 these regulations by proper ordinance, wnth suitable penalties 
 for any violation of said ordinances. 
 
 Whenever the said board of commissioners shall determine 
 to fill, grade, pave, or otherwise improve any street or avenue, 
 and over and upon which, or any portion thereof, there may be 
 the tracks and roadbed of any railroad company, the said rail- 
 road company shall, vipon notice, fill, grade, pave or otherwise 
 improve the portion of said street or avenue so occupied by 
 it, between the rails of said tracks and for one foot on each 
 side of said rails, with such material and in such manner as 
 has or may be provided by said commissioners for the im- 
 provement of the other portions of such street or avenue. Upon 
 
 53
 
 Sec. 67. charter of the 
 
 failure so to do, after thirty days' notice, the said board may 
 so improve such street or avenue between said rails and for 
 one foot on each side thereof for account of said railroad com- 
 pany, and for all sums so expended, and legal interest thereon, 
 the city of Galveston shall have a first lien on the roadbed, 
 franchises and other property of said railroad company : and if 
 not paid upon demand, suit may be brought by said city to 
 recover said indebtedness and for the foreclosure of said lien. 
 
 Sec. 67. The city of Galveston shall have the power to 
 issue bonds to the amount of not exceeding $3,100,000.00 of 
 such denomination as the board of commissioners may deter- 
 mine, payable at such time, not to exceed fifty years, as they 
 may determme and as may be agreed to by the holders of 
 such bonds, bearing interest, payable semi-annually, at a rate 
 to be agreed on by the holders of such bonds and the board 
 of commissioners; said interest rate, however, not to exceed 
 five per cent per annum, but the city ^of Galveston shall have 
 the right to select by lot as interest coupons on said bonds 
 mature, sufficient of the bonds to retire at not exceeding par, 
 not less than two per cent per annum of the total bonds out- 
 standing of each issue into the sinking fund thereof. These 
 bonds are to be issued for the purpose of refunding such of 
 the outsanding bond issues of the city of Galveston as are 
 hereinafter specified; that is to say, a sufficient number of 
 said bonds so authorized to be issued, shall be in lieu and in- 
 stead of the outstanding forty-year limited debt bonds of 18S1 ; 
 a sufficient number of said bonds so authorized to be issued, 
 shall be in lieu and instead of the waterworks, street improve- 
 ment and city hall bonds outstanding; a sufficient number 
 thereof shall be in lieu and instead of the forty-year limited 
 debt bonds of 1891 outstanding; a sufficient number thereof 
 shall be in lieu and instead of the general indebtedness funding 
 bonds of 1895 outstanding; a sufficient number thereof shall 
 be in lieu and instead of the general indebtedness funding 
 bonds approved September 8, 1897, outstanding; a sufficient 
 number thereof shall be in lieu and instead of bonds out- 
 standing, issued for the establishment and maintenance of a 
 sewerage system in pursuance of an ordinance of the citv of 
 
 54
 
 CITY OF GALA^ESTOX, SeO. 07. 
 
 Galveston passed December IC, 1897, and the amendment 
 thereof, passed August 21, 1899. 
 
 The board of commissioners of the city of Galveston shall 
 have power to levy, assess and collect an annual ad valorem 
 tax not exceeding- twenty cents on the one hundred dollars 
 valuation of all property subject to taxation within said city, 
 in order to provide for the payment of interest at such rate as 
 may hereafter be determined by the board of commissioners 
 of said city of Galveston, not to exceed five per cent per an- 
 num, and to create a sinking fund of not less than two per 
 cent per annum on such amount of the total bonds remaining 
 unpaid, of the issue of what is known as the forty-year limited 
 debt bonds of 1881, and refunding bonds, respectively issued 
 in lieu of same. 
 
 The board of commissioners of the city of Galveston shall 
 have the power to levy, assess and collect an annual ad valo- 
 rem tax not exceeding sixteen and four-tenths cents on the 
 one hundred dollars valuation of all property subject to taxa- 
 tion within said city in order to provide for the payment of 
 interest at such rate as may hereafter be determined by the 
 Ijoard of commissioners, not to exceed five per cent per annum, 
 and to create a sinking fund of not less than two per cent per 
 annum on such amount of the total bonds remaining unpaid of 
 the issue of what is known as the waterworks, street improve- 
 ment and city hall bonds, and refunding bonds, respectively 
 issued in lieu of same. 
 
 The board of commissioners of the city of Galveston shall 
 ha\e the power to levy, assess and collect an annual ad valo- 
 rem tax not exceeding thirty-three cents on the one-hundred 
 dollars valuation of all property subject to taxation within 
 said city, in order to provide for the payment of interest at 
 such rate as may hereafter be determined by the board of 
 commissioners, not to exceed five per cent per annum, and to 
 create a sinking fund of not less than two per cent per annum 
 on such amount of the total bonds remaining unpaid of the 
 issue of what is known as the forty-year limited debt bonds 
 of 1891, and refundmg bonds, respectively, issued in lieu of 
 same. 
 
 55
 
 Sec. 67. charter of the 
 
 The board of commissioners of the city of Galveston shall 
 have power to levy, assess and collect an annual ad valorem 
 tax of not exceeding five and five-tenths cents on the o-ie 
 hundred dollars valuation of all property subject to taxation 
 within said city, in order to provide for the payment of interest 
 at such rate as may hereafter be determined by the board of 
 commissioners, not to exceed five per cent per annum, and to 
 create a sinking fund of not less than two per cent per annum 
 on such amount of the total bonds remaining unpaid of the 
 issue of what is known as the general indebtedness refund- 
 ing bonds of 1895, and refunding bonds, respectively, issued 
 in lieu of the same. 
 
 The board of commissioners of the city of Galveston shall 
 have power to levy, assess and collect an annual ad valorem 
 tax not exceeding five cents on the one hundred dollars valua- 
 tion of all property subject to taxation within the said city 
 in order to provide for the payment of interest at such rate 
 as may hereafter be determined by the board of commission- 
 ers, not to exceed five per cent per annum, and to create a 
 sinking fund of not less than two per cent per annum on such 
 amount of the total bonds remaining unpaid, of the issue of 
 what is known as the general indebtedness refunding bonds 
 of 1897, and refunding bonds, respectively, issued in lieu of 
 the same. 
 
 The board of commissioners of the city of Galveston shall 
 have power to levy, assess and collect an annual ad valorem 
 tax, not exceeding ten cents on the one hundred dollars valu- 
 ation of all property subject to taxation within said city, in 
 order to provide for the payment of interest at such rate as 
 may hereafter be determined by the board of commissioners, 
 ^not to exceed five per cent per annum, and to create a sinking 
 fund of not less than two per cent per annum on such amount 
 of the total bonds remaining unpaid of the issue of what is 
 known as the sewer bonds and refunding bonds, respectively, 
 issued in lieu of same. Provided, however, that the said board 
 of commissioners shall not determine upon a less rate of in- 
 terest than five per cent per annum upon any outstanding legal 
 bonds of the city of Galveston, except and unless, with the 
 consent of the holders of such bonds, respectively, and if the 
 
 56
 
 CITY OF GALYESTOX. SeC. 67. 
 
 holder or holders of any such bonds do not so consent to a less 
 rate of mterest than five per cent per annum, then, and in that 
 case, the bond or bonds of any such holder or holders, not so 
 consenting, shall bear interest at the rate of five per cent per 
 annum. 
 
 This act shall not be so construed as to authorize the board 
 of commissioners of the city of Galveston to levy or to assess 
 or to collect any tax in excess of the rates mentioned in this 
 section, for the purpose of paying the interest on, or creating 
 a sinking fund for, any series of either the outstanding bonds 
 or the refunding bonds mentioned in this section; provided, 
 however, that if any of such outstanding bonds be not re- 
 funded, then, and in that case, said board of commissioners 
 shall have power to levy, assess and collect such rate of taxa- 
 tion to pay the interest on, and to create a sinking fund for, 
 such bonds not refunded, as does not exceed the rate of taxa- 
 tion prescribed in any legal ordinances, resolution of act here- 
 tofore passed by the city council of the city of Galveston or 
 act of the Legislature heretofore passed relating thereto, 
 providing for the issuance and payment of either principal 
 or interest of any such outstanding, legal, unpaid and unre- 
 funded of the city of Galveston. 
 
 Each of said funds so created shall be a special fund for 
 the purposes aforesaid and shall not be dravv-n upon or diver- 
 ted for any other purpose, and the city treasurer of said city 
 of Galveston shall honor no drafts upon said fund, except to 
 pay the interest upon, or to redeem the bonds for which each 
 or either of said funds was created under the provisions of this 
 section. All bonds issued as refunding bonds, shall be signed 
 by the president of the board of commissioners and coun- 
 tersigned by the secretary of said board and shall be payable 
 at such place as may be fixed by ordinance of said board of 
 commissioners. It shall be the duty of the president of said 
 board of commissioners, when such bonds are issued, to for- 
 ward the same to the Comptroller of the State of Texas, whose 
 duty it shall be to register them in a book kept for that pur- 
 pose, and to indorse on each bond registered his certificate 
 of resfistration. 
 
 57
 
 Skc. 67. CHARTER OF THE 
 
 Immediately upon the qualification of the commissioners 
 of the Citv of Galveston to be appointed and elected as pro- 
 vided in this act, or as soon thereafter as practicable, it shall be 
 their duty to make publication of the terms of this funding act : 
 but the passage of this act shall be and is hereby deemed suf- 
 ficient notice to the holders of the present bonds of the city 
 of Galveston now outstanding. 
 
 The manner of exchange of refunding bonds, their date of 
 issuance, rate of interest, maturity and all other details of the 
 issuance of the new bonds is hereby left to the board of com- 
 missioners under such rules and regulations as a majority of 
 them shall prescribe, not inconsistent with the provisions of 
 this act. 
 
 The acceptance and consummation by any creditor of the 
 exchange of bonds provided by this act shall of itself operate 
 to assign and transfer to said municipal corporation, all his 
 rights to, and claims against the uncollected taxes or other 
 assets whatever, of said municipal corporation, including 
 whatever funds there may be, either in bonds, money or other 
 securities, held in either interest or sinking funds of the issue 
 so exchanged or refunded, with the right in said municipal 
 corporation to enforce the same either in his own name or in 
 the name of the creditor; and the funds that may be realized 
 therefrom are to be paid to the treasurer of said munici]ial 
 corporation, and they are hereby devoted and appropriated 
 to the payment of the present floating debt of the city of Gal- 
 veston ; and after that is paid to go in the general fund for any 
 proper municipal purposes, so far as is not inconsistent with 
 the terms of this act. 
 
 Said board of commissioners shall have the power and it is 
 made their duty, from time to time, as they may determine, 
 whenever as much as two thousand dollars shall have accum- 
 ulated in the sinking fund of any of the proposed series of 
 refunding bonds, to invest the same in bonds of any such se- 
 ries, in bonds of said city of Galveston, in bonds of the State 
 of Texas, or in bonds of the United States, as may be deemed 
 most advantageous by said board; provided, however, that 
 when bonds of any particular series are purchased for the 
 sinking fund of the same series, said bonds shall be canceled 
 
 58
 
 CITY OF GALVESTON. SEG. 68. 
 
 and retired. It shall be the duty of said board of commission- 
 ers, upon the surrender of any evidence of indebtedness, for 
 which a new bond is to be issued, under the provisions of this 
 act, and before the said bond is delivered, to cancel the evi- 
 dence of indebtedness so surrendered, with a punch or by 
 witness across the face thereof, that it is canceled, so that it 
 cannot be again used. All matured interest coupons shall be 
 surrendered with the bonds, and no bond shall be received or 
 refunded from which unmatured interest coupons are de- 
 tached, unless such coupons are produced and surrendered 
 with the bond. 
 
 Said board of commissioners shall also keep, or cause to be 
 kept, for and on behalf of the city of Galveston, a complete 
 bond registry and set of books, showing all bonds issued, the 
 date and amount thereof, the rate of interest, maturity, etc., 
 of all bonds or other indebtedness surrendered under the pro- 
 visions of this act, and all the other transactions of such 
 board having reference to the refunding of the indebtedness 
 of said city. AVhen bonds or their coupons are paid, their 
 payment or cancellation shall be noted in said registry, and 
 the said book so required shall be kept safely among the 
 records of the said city of Galveston. 
 
 No other taxing power whatever, for any other purpose than 
 is set forth in this act, shall be exercised by the board of com- 
 missioners of the city of Galveston under this act. 
 
 That for any violation of the trusts imposed upon the offi- 
 cers or agents of the city of Galveston employed under this 
 act, the same consequences shall follow civilly and criminally, 
 that result from any breach of trust or willful violation of 
 dut}- imposed by law upon any of the officers of the State of 
 Texas, charged with the discharge of like duties, and for a 
 breach of trust or willful violation of duty in respect thereof, 
 upon conviction, they shall be punished in like manner as is 
 or may be provided by the penal laws of the State of Texas. 
 
 Sec. 68. The board of commissioners of said city of Gal- 
 veston shall have the power and they are hereby authorized 
 to appoint a board of engineers, to consist of three competent 
 and skilled engineers, who shall devise and report to said 
 board of commissioners plans and specifications, with esti- 
 
 59
 
 Sec. 69. cHARTEii or the 
 
 mates of the cost, for elevating, filling and grading the ave- 
 nues, streets, sidewalks, alleys and lots of the city of Galves- 
 ton, so as to protect said city from overflow from the waters 
 of the gulf and to secure sufficient elevation for drainage and 
 sewerage. When the report of said board of engineers has 
 been adopted by the board of commissioners, all filling, rais- 
 ing and grading in said city shall be done with reference to 
 the grades thus established. The board of commissioners are 
 authorized to spend out of the general revenue of the city 
 a sum not to exceed ten thousand (10,000) dollars to pay the 
 expenses of said board of engineers. 
 
 Sec. 69. The board of commiss'oners shall have the power 
 and are authorized in addition to the powers granted by this 
 act, to issue other bonds; also to issue, from time to time, 
 bonds of the city of Galveston, in the denomination of one 
 hundred (100) dollars or multiples thereof, to the amount of 
 one million, five hundred thousand (1,500,000) dollars, pay- 
 able not more than fifty years after their date, with the right 
 of the city at any time to select by lot and redeem with the 
 sinking fund any of them, and bearing interest, payable semi- 
 annually, at the rate of not to exceed five (5) per cent per 
 annum. Said bonds shall not be sold or otherwise disposed 
 of at less than par, and their proceeds shall be used and ex- 
 pended for raising and filling to grade the avenues, streets, 
 sidewalks, alleys and lots in the following localities in said 
 city, viz : 
 
 First, that part of the city lying east of the west line of 
 Thirteenth street and south of Market street ; and, second, that 
 part of the city lying west of Thirteenth street and south of 
 the north line of Broadway, or such portions of said localities 
 as may be designated by the board of commissioners upon the 
 recommendation of the board of engineers provided for in the 
 foregoing Section No. 68. 
 
 Said board of commissioners may also expend and use not 
 to exceed one hundered thousand (100,000) dollars of the 
 proceeds of said bonds in raising and filling to grade the 
 streets and avenues in any locality in said city. All lots and 
 blocks in the portions of the city above designated, that are 
 below the grades that may be established for those localities, 
 
 60
 
 CITY OF GALVESTON. SeC. 70-72. 
 
 are hereby declared to be dangerous to the health and safety 
 of the inhabitants of said city and a public necessity exists 
 for raising and filling the same to grade, and said board of 
 commissioners shall have the power and are hereby authorized 
 to cause the same to be raised and filled to grade and to pay 
 for the same out ut the proceeds of the bonds herein authorized 
 to be issued. 
 
 Sec. 70. All moneys that may be donated or appropriated 
 by the State of Texas to the city of Galveston shall be applied 
 to and used for the purpose of paying the interest upon and 
 providing a sinking fund of not less than two per cent per an- 
 num, for the redemption of the one million five hunded thous- 
 and (1,500,000) dollars of bonds the issuance of which is pro- 
 vided for in the preceding Section No. 69, and said board of 
 commissioners shall have the power and are hereby authorized 
 to levy and caused to be assessed and collected for the year 
 1002 and annually thereafter an ad valorem tax of not to ex-- 
 cecd forty cents on the hundred dollars cash value of all real, 
 personal and mixed property within the corporate limits ot 
 said city of Galveston, or that may be taxable therein on t'.'e 
 first day of January of each and every year, except so mucli 
 thereof as may be exempted by the Constitution and laws of 
 this State or of the United States. 
 
 Sec. 71. In addition to the ad valorem tax provided for 
 in Section 70 of this act, said board of commissioners may, ex- 
 cept in so far as the same are otherwise disposed of by this act, 
 also hypothecate and pledge the annual dividends and income 
 that may be received by the city from its stock in the Galves- 
 ton Wharf Compan}^ or so much thereof as will, when adfled 
 to the money received each year from the ad valorem tax 
 proN'ided for in said Section N^o. 70, be sufficient to pay the 
 interest and sinking fund upon the bonds authorized to be 
 issued under said Section No. 69 that are then outstanding. 
 
 Sec. 72. Each tax authorized under this act to be levied, 
 assessed and collected for the purpose of paying the interest 
 and sinking fund upon any bond issue under this act shall 
 be, and the same is hereby, declared to be a trust fund for 
 the purpose of paying the interest upon and providing a 
 sinking fund for the redemption of the respective bonds for 
 
 61
 
 Sec. 73. charter of the 
 
 which it was levied; and when collected the money therefrom 
 shall never be diverted from the purpose for which it was 
 levied, nor used for any other purpose. Any dividend or 
 income that may be pledged to secure the interest and sink- 
 ing fund upon any of the bonds authorized to be issued under 
 this act shall also be, and is hereby, declared to be a trust 
 fund, and shall never be used for any other purpose than that 
 for which the same may be hypothecated or pledged. 
 
 Sec. 73. The president of said board of commissioners shall 
 cause to be prepared and make stated financial reports at 
 least as often as once every six (6) months to the Comp- 
 troller of the State of Texas, in .iccordance with forms and 
 methods to be prescribed by said Comptroller. All such 
 reports shall be certified as to their correctness by the audiloi 
 of said city. Such reports shall be printed as a part of the 
 public documents of the State and be submitted by the Comp- 
 troller of the State to the Legislature at each regular session 
 next succeeding the making of such reports. Such reports 
 shall contain an accurate statement in summarized form, and 
 also in detail, of the financial receipts of the city from all 
 sovirces, and of the expenditures of the city for all purposes, 
 together with a statement in detail of the debt of said city 
 at the date of said report, and of the purposes for which said 
 debt has been incurred, as well as such other information 
 as may be required by said Comptroller of the State. Said 
 Comptroller of the State shall have power, and it is also 
 made his duty, by himself or by some competent person or 
 persons appointed by him, to examine into the afTairs of the 
 financial department of said city; on every such examination, 
 inquiry shall be made as to the financial condition and re- 
 sources of the city, and whether the requirements of the 
 Constitution and laws have been complied with and into the 
 methods and accuracy of the accounts of the said city, and 
 as to such other matters as the said Comptroller may pre- 
 scribe. The Comptroller of the State and every such ex- 
 aminer appointed by him shall have power to administer an 
 oath to any person whose testimony may be required on 
 any such examination, and to compel the apperance and 
 attendance of any such person for the purpose of any such 
 
 62
 
 CITY OF GALVESTON". SeC. 74. 
 
 examination and the production of books and papers. A re- 
 port of each such examination shall be made and shall be 
 a matter of public record in the office of said Comptroller. 
 
 Sec. 74. That the said board of commissioners shall, in 
 every case, before entering into any contract involving the 
 expenditure of more than five hundred (500) dollars, ad- 
 vertise daily, for one week or more, in the official news- 
 paper of said city, to be designated as provided in this act, 
 for proposals for work to be done, or materials to be fur- 
 nished, and shall open all bids on the day named in the ad- 
 vertisements, or as soon thereafter as practicable, in the 
 presence of not less than three (3) members of said board, 
 and shall enter such bids with the names of the bidders, in 
 a book to be kept for that purpose, which book shall at all 
 times be open for the inspection of citizens, and every bid 
 shall remain at least one day open for discussion before any 
 contract shall be awarded upon it, and after that time the 
 award shall be made, if at all, to the lowest responsible bid- 
 <ler, who shall in all cases be required to give ample bond 
 and security for its performance, the bond and security to be 
 approved by the members of said board, or a majority thereof. 
 No contract shall be made which does not receive the •I'^sent 
 of a majority of all said board; and all such contracts involv- 
 ing an expenditure of said sum shall be in writing, and shall 
 be executed by the president and secretary of said board, and 
 shall also be executed by the other contracting party, and shall 
 be recorded in full in a well-bound book to be kept for that 
 purpose, open to the inspection of citizens at all times. The 
 commissioner designated as the head of each department shall 
 in every case involving an expenditure of over five hundred 
 (500) dollars, before any advertisement be made for pro- 
 posals, submit to the said board a statement in writing, with 
 an estimate by him of the cost of the proposed work to be 
 done, or materials to be furnished, and unless the same re- 
 ceive the sanction of at least three members of said board 
 it shall not be advertised, nor undertaken; said written 
 sanction to be endorsed on the statement with the estimate 
 made by said commissioner, and to be kept on file 'u the 
 office of said board. It shall be a felony for any membe'; of 
 
 63
 
 Sec. 75-77. charter of the 
 
 said board to become interested, directly or indirectly, nearly 
 or remotely, in any contract of any kind made in behalf of 
 said city, and upon conviction the guilty party shall be pun- 
 ished as provided by Article 266 of the Penal Code of the 
 State of Texas, governing such matters; provided, however, 
 chat nothing in this section shall be construed to prohibit 
 said board from having v^^ork done by day labor, or materials 
 purchased under such rules and regulations as said board 
 may by ordinance prescribe. 
 
 Sec. 75. That no person shall be an incompetent judgc^ 
 justice, witness or juror by reason of his being an inhabitant 
 or freeholder in the city of Galveston, in any action or pro- 
 reeding in which said city may be a party interested; and 
 all officers and employes of said cit}'- shall be exempt from 
 jury service while holding office or in the employ of said 
 city. 
 
 Sec. 76. At the end of each fiscal year if an amount should 
 have accrued from taxation, or revenue received from divi- 
 dends on stock or surplus receipts, or earnings from any 
 source, which are now or will be hereafter pledged to be 
 applied to the interest and sinking funds for the protection 
 of all classes of outstanding bonds, or bonds to be hereafter 
 issued, should exceed two per cent for sinking fund, then 
 and in that event the surplus, if any, over and abo\e said 
 two per cent sinking fund, can be used for the purpose of mak- 
 ing general improvements, or otherwise, as the commission- 
 ers may determine. 
 
 Sec. 77. All ordinances of the city, when printed and pub- 
 lished by authority of the board of commissioners, shall be 
 admitted and received in evidence in all courts and placee 
 without any further proof whatever, and all ordinances thus 
 printed in book or pamphlet form shall be presumed to have 
 been printed by authority of the said board, and shall be 
 prima facie evidence of that fact. Certified copies of ordi- 
 nances shall also be received in evidence. All ordinances, 
 resolutions, rules and regulations now in force in the city of 
 Galveston and not in conflict with the provisions of this 
 act, shall remain in force under this act until ahered, amended 
 or repealed by said board, after this act takes efifect. 
 
 G4
 
 CITY OF GALVESTON. SEC. 78-80. 
 
 Sec. 78. There is hereby created and established in said 
 city of Galveston a court to be known as the recorder's court 
 in such city, which shall have the jurisdiction and organiza- 
 tion hereinafter prescribed. 
 
 Sec. 79. Said court shall have jurisdiction within the ter- 
 ritorial limits of said city in all criminal cases arising under 
 this act or under the ordinances of the board of commis- 
 sioners made in pursuance of this act, and shall also have 
 jurisdiction, concurrently, with any justice of the peace in 
 any precinct in wnich said city is situated, in all original 
 cases arising under the criminal laws of this State in which 
 the pimishment is by fiiie only, and where the maximum 
 of such fine may not exceed two hundred (300) dollars, and 
 arising within the territorial limits of said city. Such court 
 shall be known as the recorder's court of the city of Gal- 
 veston. 
 
 Sec. 80. Such court shall be presided over by a judge, 
 to be known as the recorder of such court, who shall be 
 elected by the board of commissioners of said city as soon 
 as practicable after their organization, and who shall hold 
 his office for two years after his election and until his suc- 
 cessor shall be elected and shall qualify. The secretary of 
 the board of commissioners shall be ex-officio clerk of such 
 court. The clerk of said court shall hold his office as clerk 
 of said court during his term as secretary of such board of 
 commissioners, and until his successor as secretary of said 
 board is elected and qualified. It shall be the duty of such 
 clerk to keep a minute of the proceedings of the said court; 
 to issue all process, and generally to do and perform all of 
 the duties of a clerk of a court as prescribed by law for the 
 clerk of the county court, in so far as the said provisions 
 may be applicable. The judge of said court shall receive 
 such annual salary, to be paid monthly out of the treasury 
 of said city, as may be fixed by said board of commissioners, 
 not exceeding the annual sum of six hundred (600) dollars. 
 
 In case of vacancy in the office of recorder or clerk of 
 such court, the same shall be filled by the board of com- 
 missioners, sitting as a board, for the unexpired term only. 
 
 65
 
 Sec. 81-83. chaeter of the 
 
 Sec. 81. All rules of pleading-, practice and procedure now 
 established for the county court shall apply in said recorder's 
 court, in so far as the same are applicable, except that the 
 proceedings in said court shall be commenced by complaint, 
 in the manner and under the regulations as now prescribed 
 by law in cases prosecuted before justices of the peace, and 
 except that the recorder need not charge the jury except 
 upon charges requested in writing by the defendant or his 
 attorney, which such charges he shall have power to give 
 or refuse, under the same rules and regulations now ap- 
 plicable to the granting or refusing of such charges by the 
 county judge in criminal cases. That complaints before such 
 court, hereby created and established, may be sworn to be- 
 fore the recorder, the clerk of said court, or the attoriiey 
 for said board, each and every one of which officers, for that 
 purpose, shall have power to administer oaths. 
 
 Sec. 82. The said recorder's court of said city shall have 
 a seal, to be supplied by the board of commissioners, having 
 engraved thereon a star of five points in the center, and the 
 words "Recorder's Court for the City of Galveston, Texas," 
 the impress of which seal shall be attached to all proceed- 
 ings, except subpoenas, issued out of said court, and shall 
 be used to authenticate the official acts of the clerk and the 
 recorder, where he is authorized or required to use the seal 
 of office. 
 
 Sec. 83. That all prosecutions in said court, whether 
 under this act or under the provisions of the Penal Code, or 
 under an ordinance of the board of commissioners, shall be 
 commenced in the name of the State of Texas, and shall con- 
 clude "against the peace and dignity of the State," and where 
 the offense is covered by an ordinance of the board of com- 
 missioners of said city, the complaint may also conclude, "as 
 contrary to the said ordinances," and all prosecutions in such 
 court shall be conducted by the attorney for said board of 
 commissioners; provided, however, that the county attorney 
 of Galveston county shall represent the State of Texas in 
 any prosecution in said court arising under the Penal Code, 
 and in all such cases the said county attorney shall be en- 
 titled to receive such fees, or other compensation, for said 
 
 66
 
 CITY OF GALVESTON. SEC. 84-86. 
 
 services as are or may be allowed by law in case of prosecu- 
 tions before a justice of the peace; and in no case shall the 
 said county attorney have the powder to dismiss any prose- 
 cution pending in said court, unless for reasons filed and 
 approved by the recorder of said court. 
 
 Sec. 84. That the board of commissioners shall, from time 
 to time, by ordinance, prescribe such rules, not inconsistent 
 with the provisions of this act nor the laws of this State, as 
 in the discretion of said board of commissioners may be 
 proper, to enforce, by execution against the property of the 
 defendant, or by imprisonment of the defendant's person, 
 the collection of all costs and fines imposed by such re- 
 corder's court, and shall also have power to adopt such rules 
 and regulations concerning the practice and procedure in 
 such court as said board of commissioners may deem proper, 
 not inconsistent with the provisions of this act, nor with any 
 other law of this State ; and until the passage of such ordi- 
 nance all rules and regulations of the city of Galveston now 
 in force concerning the municipal court therein, and the en- 
 forcement of the collection of the fines and costs imposed 
 by such court, shall apply to the court hereby created and 
 established for said city of Galveston so far as the same may 
 be applicable. 
 
 Sec. 85. That all costs and fines imposed by the said re- 
 corder's court in any prosecution therein, shall be paid, when 
 collected, into the treasury of said city, for the use and bene- 
 fit of said city ; provided, however, that all costs and fines 
 imposed by said court in any prosecution therein under the 
 Penal Code of the State shall be disposed of as directed by 
 laAv in like cases in a justice's court. 
 
 Sec. 86. That there shall be taxed against and collected 
 of each defendant, in case of his conviction before such re- 
 corder's court, such costs as may be provided for by the 
 ordinance of the said board of commissioners for said city ; 
 but in no case shall the board of commissioners prescribe 
 the collection of greater costs than is prescribed by law to 
 be collected of defendants convicted before justices of the 
 peace.
 
 Sec. 87-90. chaetee of the 
 
 Sec. 87. That the provisions of the Code of Criminal Pro- 
 cedure now in force, regulating the amount and collection 
 of jury and witness fees and for enforcing the attendance 
 of witnesses in criminal cases tried before a justice of the 
 peace shall, so far as applicable, govern and be applicable 
 to the trial of cases before the recorder's court created and 
 established by this act. 
 
 Sec. 88. That the judge of said recorder's court shall ha\e 
 the power to punish for contempt to the same extent and 
 under the same circumstances as the county judge may pun- 
 ish for contempt of the county court. He. shall have power 
 to take recognizances, admit to bail and forfeit recognizances 
 and bail bonds under such rules and regulations as now govern 
 the taking and forfeiture of the same in the county court. 
 
 Sec. 89. That all process issuing out of said recorder's 
 court shall be served by the chief of police or any policeman 
 of the city, under the same rules and regulations as are 
 now provided by law for the service by sheriffs and con- 
 stables of process issuing out of the county court, so far as 
 the same are applicable. Such recorder's court shall hold no 
 terms, but shall be deemed at all times open for the trans- 
 action of business, but each defendant shall be entitled to at 
 least one day's notice of any complaint against him. if such 
 time be demanded. 
 
 Sec. 90. In all cases begun in such recorder's court and 
 thence appealed, the fines imposed on appeal, together with 
 the costs imposed in the recorder's court and in the court 
 to which appeal is taken, shall be collected of the defend- 
 ant and his bondsmen, and such fine and the cost of re- 
 corder's court shall, when collected, be paid into the treasury 
 of the city of Galveston for the use and benefit of said city. 
 When the defendant in such cases is committed to custody 
 he shall be committed to the custody of the chief of police 
 of said city, to be held by him in accordance with the ordi- 
 nance of the city providing for the custody of prisoners con- 
 victed before such recorder's court, and said city shall be 
 liable to the officers of the court to which the appeal is taken 
 for the costs due them when such defendant has fully dis- 
 charged such fine and costs. 
 
 68
 
 CITY OF GALVESTON. SeC. 91-94. 
 
 j 
 
 Sec. 91. Appeals from judgments rendered by such re- 
 corder's court shall f be from such recorder's court to the 
 criminal district court of Galveston county, and in all such 
 appeals to such criminal district court the trial shall be 
 de novo, the same as if the prosecution had been originally 
 commenced in that court. Said appeals shall be governed 
 by the rules of practice and procedure for appeals from jus- 
 tice's courts to the county court, as far as the same may be 
 applicable. 
 
 Sec. 93. That until the due and legal organization of said 
 recorder's court in said city as herein provided for, the cor- 
 poration court, or other municipal court of the city, as now 
 established, shall continue to exercise its powers and juris- 
 dictions ; that, upon the due and legal organization of said 
 recorder's court for said city, the said corporation court, or 
 other municipal court, and the offices of the judge and clerk 
 thereof, shall be, and the same are hereby, abolished, and 
 the said corporation court, or other municipal court, shall 
 be entirely superseded in said city by the recorder's court, 
 and such offices as are herein created and established. 
 
 Sec. 93. That an act entitled: "An Act to incorporate 
 the city of Galveston and grant it a new charter," passed on 
 the 2nd day of August, 187G, and all other acts relative to the 
 incorporation of the city of Galveston, as well as all amend- 
 ments to the charter of said city, be and the same are hereby 
 repealed. Excepting, however, all legal ordinances, resolu- 
 tions or acts heretofore passed b}^ the city council of Gal- 
 veston and any provisions of said charter of 1876, and amend- 
 ments and acts relating thereto providing for the issuance 
 and payment of either principal or interest of outstanding legal 
 unpaid bonds of the city of Galveston. Provided, that the 
 rate of taxation hereafter fixed in any ordinance providing 
 for the issuance of refunding bonds, shall not exceed the rate 
 levied in the ordinance under which the bonds to be refunded 
 were issued ; provided further, that nothing in this act shall 
 be taken or construed to impare the obligations of outstand- 
 ing legal contracts of the city of Galveston. 
 
 Sec. 94. This act shall be taken and held to be a public 
 law and all courts and tribunals shall take judicial cognizance 
 6- 69
 
 Sec. 95. charter of the 
 
 and knowledge of the contents and provisions hereof, and 
 it shall not be necessary to plead or prove such contents or 
 provisions. 
 
 Sec. 95. Whereas the inhabitants of the territory within 
 the limits of the "City of Galveston" have suffered a great 
 public calamity through the storm of September 8, 1900, and 
 there exists a necessity for immediate action by the Legis- 
 lature for their relief; therefore an emergency and impera- 
 tive public necessity exists requiring that the constitutional 
 rule requiring bills to be read on three several days, be sus- 
 pended, and said rule is so suspended and this act shall take 
 eft'ect and be in force from and after its passage, and it is 
 so enacted; provided, that the commissioners appointed and 
 elected, respectively under this act, shall not qualify before 
 the first Monday in June, 1901. 
 
 [Note. — The enrolled bill shows that the foregoing act 
 passed the House of Representatives, no vote given; and 
 passed the Senate by two-thirds vote, ayes 28, nays 0.1 
 
 Approved April J8,. 1901. 
 
 Takes eft'ect 90 days after adjournment. 
 
 70
 
 INDEX TO CHARTER. 
 
 Acting President — Section. 
 
 Appointment of 15 
 
 Powers and duties 15 
 
 Salary of 15 
 
 Assessor and Collector — 
 
 Election . . 19a 
 
 Assessment, duties 19e 
 
 Duties, general 19e 
 
 Bond, Salary 19e 
 
 Duties in certain cases J . . . 58 
 
 Unrendered roll /7\ /. . . 19e 
 
 Payments daily. . . . . I ij .i • .-i^A^- • 19e 
 
 Board of equalization, dut/es . . . ■ LJ- /j t- yl ^^^^^ •/I- • • ■ l^e 
 
 School tax, collection of / . j^- •LJ-^ftA^ • • • Wi,^'^^ • ^^® 
 
 Oaths, shall require and selSmister/ .' •^^v'^ • • • 19e 
 
 Payment of funds, duties /C/K- ii-*,,,»*<\ 19b 
 
 Keports, shall make n^tfuily . . . .^^^'^. 19e 
 
 Poll tax, shall collect .... .^'<^\ 54 
 
 Seizure and sale for taxes 58 
 
 Bankrupts and insolvents, duties 58 
 
 Notice to taxpayers, not necessary 50 
 
 Attorney — 
 
 Election and duties 19f 
 
 Bond 19f 
 
 Salary and commissions 19f 
 
 Legal advice 19f 
 
 Ordinances, shall prepare 19f 
 
 Contracts, shall prepare 19f 
 
 Sessions, shall attend 26 
 
 Accounts — 
 
 Approval of 13 
 
 Attorney, County — 
 
 Duties of Recorder's Court 83 
 
 Fees in Recorder's Court 83
 
 11 INDEX TO CHARTEE. 
 
 Auditor — 
 
 Sec. 
 Election, duties, salary 19„ 
 
 Bond and approval 19~ 
 
 Warrants, shall countersign ]9_ 
 
 Sessions, shall attend vy 
 
 Banks of Deposit — 
 
 Selected, how 291 
 
 Bonds, duties, interest. 29^ 
 
 Bankeupts and Insolvents — 
 
 Taxes, collection of -u 
 
 Liens for Taxes ro 
 
 Seizure and sale, taxes -o 
 
 Board of Commissioneks, Duties- 
 How constituted r 
 
 President of 
 
 Qualifications of ]. 
 
 Term of office ^ 
 
 Removal of 
 
 Successors of 
 
 Directors in corporations 
 
 Name of 
 
 Oath of office 
 
 Salaries of 
 
 Acting President of 
 
 Apportionment of Revenue 
 
 Board of Engineers, appointment 
 
 Bonds, issue ot 
 
 Bonds, filling and grading 
 
 Budget, estimates, penalties 
 
 Contracts, how made 
 
 Contempts, punishment of 
 
 Discussion, privilege of 
 
 Employees, discharge of 
 
 Employees, appointment of 
 
 Financial statement, publication . , 
 
 Funds, sinking, penalties 
 
 Levy of special tax ''J 
 
 Meetings of ^" 
 
 Officers, appointment ot ' ^ 
 
 Officers, removal of ^ 
 
 Officers, suspension and discharge . ' ' ^'^ 
 
 Ordinances and laws, powers ..''.. ' ' ' ^ 
 
 Quorum '7 
 
 Resignation of ^ '• 
 
 Vacancies, how filled .... ' • ^'^ 
 
 Engineer, employment of ^" 
 
 «8 
 
 9 
 6 
 U 
 
 -(8) 
 
 7 
 
 1.'. 
 
 4A 
 
 OH 
 (J7 
 
 *;<• 
 44 
 74 
 II 
 2<i 
 11' 
 ]-2 
 
 la
 
 INDEX TO CHARTER. HI 
 
 Board of Commissioners, Powers— Sec. 
 
 Abusive lano^uage 34-(5) 
 
 Animals, abuse of o4-(5) 
 
 Animals running at large 34-(30) 
 
 Animals, driving in streets °^ 
 
 Bathing and swimming ^^ 
 
 Beggars, regulating 34-(b) 
 
 Births, records to be kept 34-(81) 
 
 Buildings, public 34-(22) 
 
 Buildings, regulating <>4-(9) 
 
 Buildingsin fire limits o4-(ll) 
 
 Buildings, dangerous '^^-(9) 
 
 Burial of the dead 34-(31) 
 
 Bridges, culverts 34-(o4) 
 
 Butchers, regulating o4-(o) 
 
 Carcasses, dead, regulating ^^ 
 
 Chimneys, flues, regulating 34-(r2) 
 
 Cleaning yards, sidewalks regulating • 34-(ll) 
 
 Compromise of taxes, judgments 63 
 
 Dead carcasses, concerning 
 
 36 
 
 Deaths, record 34-(31) 
 
 Donations, acceptance of. 34-(25) 
 
 Digging in streets 31-(18) 
 
 Disorderly houses 34-(10) 
 
 Disorderly' assembly 34-(db) 
 
 Dogs, regulating 34-(30) 
 
 Donations, state, how expended "^^ 
 
 Exemption from taxes ^*^ 
 
 Exemption from execution, atfachnunt 50 
 
 Exemption from garnishment ^0 
 
 [■Employees, appointment, discharge 1-^ 
 
 Fastening horses .... 34-(5) 
 
 Fire limits, may establish 34-(9)-(ll) 
 
 Fireworks, regulate may 34-(14) 
 
 Fish and fresh meats, inspection S4-(21) 
 
 Firecrackers 34-(37) 
 
 Filthy foods, regulating °^ 
 
 Fighting, abusive language ^° 
 
 Gaming houses, punishing • • • 34-(lO) 
 
 Gun powder, regulate storing 34-(14) 
 
 Grounds, public, may improve, regulate 34-(27) 
 
 Gas pipes, regulate 34-(2) 
 
 Harbor, preservation 34-(2/) 
 
 Harbor master, duties 34-(]5) 
 
 House of ill fame 34-(10) 
 
 Hide houses, regulation 34-(16) 
 
 Inspection, fish, meats. o4-(3o)
 
 iy INDEX TO CHAETEE. 
 
 Board of Commissioners, BvTiES—ConUmied. Sec. 
 
 Inspector of buildings, duties 
 
 Junk shops, dealers, regulating 62 
 
 Lighting streets 34-(2) 
 
 Lien of tenant for se%ver improvements . . ■ 34-(10) 
 
 Locomotive engines, may regulate or prohibit 34-(16) 
 
 Licenses, assignment of • 34-(_9) 
 
 Library, public, free ^^ 
 
 Markets and market houses, regulate 34-(35) 
 
 Marriages, registration 34-(31) 
 
 Meats, fish, inspection 34-(4) 
 
 Misdemeanors, State, shall prosec-nte 34-(7) 
 
 Mendicants, beggars, j^uppress 34-(6) 
 
 Misdemeanors, all kinds 38 
 
 Newspapers, printing 42 
 
 Noises, suppressing 34-(37) 
 
 Nuisances, sanitation 34-(14) 
 
 Opening streets and closing. 34-(24) 
 
 Occupation taxes, may levy ^'^ 
 
 Pawn brokers, license and regulate t'2 
 
 Plumbers and plumbing .... 34-(13) 
 
 Prisoners, work on streets 34-(32) 
 
 Paupers, regulating, introduction 34-(10) 
 
 Pounds, establish and regulate 34-(30) 
 
 Prize fighting, regulate 39 
 
 Prostitutes, may suppress 34-(6) 
 
 Public grounds, parks 34-(27) 
 
 Quarantine, may establish and regulate 34 
 
 Railroad tracks, crossings, duties 34-(16J 
 
 Railroad tracks, removal of 41 
 
 Riots and disturbances, suppression 34-(36) 
 
 Streets, alleys and highways 34-(l) 
 
 Sanitation, concerning 34-(8)-{ll) 
 
 Sewerage connections, regulating . . 34-(8) 
 
 Slaughter houses, regulating 34-(lo) 
 
 Street cars, regulating 34-(17) 
 
 Streets, alleys and public grounds 34-(2o) 
 
 Special funds, regulating 34-(2t>) 
 
 Special funds, misapplication 34-(26) 
 
 Sidewalks, regulating 34-(26) 
 
 Shade trees, planting 34-(27) 
 
 Tramps, regulating 34-(6) 
 
 Transient vendors, regulating 62 
 
 Vessels, regulating speed 34-(15) 
 
 Board of Equalization- 
 How selected 19e 
 
 Duties and length of session 19e
 
 INDEX TO CHABTER. V 
 
 Bond Registry — Skc. 
 
 Shall be kept 67 
 
 Payments recorded 67 
 
 Cancellation of bonds 67 
 
 Set of books to be kept 67 
 
 Rate of interest, record of 67 
 
 Bonds, Notes and Scrip — 
 
 Regulating issuance of 50 
 
 Bonds, Debt — 
 
 Power to issue 67 
 
 For redemption 67 
 
 Taxes, special 67 
 
 Separate funds 67 
 
 Signed how. 67 
 
 Must be registered 67 
 
 Sinking fund 67 
 
 Publication of this act 67 
 
 Bonds, Filling and Grading — 
 
 May issue amount 69 
 
 Expended how 69 
 
 Territory in which 69 
 
 Regulations 69 
 
 Bonds, Costs and Appeal — 
 
 Not required 28 
 
 Bonds, Official — 
 
 Board shall require 21 
 
 New bonds 21 
 
 Payable to whom 27 
 
 Form and sureties 27 
 
 BoRKowiNG Money — 
 
 Rules concerning 44 
 
 Limit of Amount 44 
 
 Pledge of taxes as security 44 
 
 Breakwaters — 
 
 Use of streets and grounds 48 
 
 Condemnation of land lor 48 
 
 Budget — 
 
 Estimates to be made 44 
 
 Reserve fund 44 
 
 Penalties for voting 44 
 
 Increase prohibited . 44
 
 Vi INDEX TO CHARTER. 
 
 Buildings— ^^^• 
 
 Regulating ooustruction 34-(9) 
 
 Removal of 34-(ll) 
 
 Chief of Police — 
 
 Appointment of 1^* 
 
 Duties and powers . 
 
 20 
 
 Salary and bond ^^ 
 
 Search warrants, may execute 20 
 
 Process, shall execute 20 
 
 Bail, may take 20 
 
 Barrooms, Theatres, may close 20 
 
 Suspension of members 20 
 
 Report of suspensions 20 
 
 Charges, trial of 20 
 
 Trial of Chief 20 
 
 Discussion, privilege of 26 
 
 Session, shall attend 26 
 
 Chief of Fire Department — 
 
 Appointment of 19a 
 
 Duties and Powers 20 
 
 Salary and bond 20 
 
 Charges, trial of 20 
 
 City Limits — 
 
 Territory embraced in 2 
 
 City of Galveston — 
 
 Enacting clause 1 
 
 Powers, duties, obligations 1 
 
 City Pkoperty — 
 
 Schedule of 4 
 
 Commissioner— 
 
 Appointment and election 5 
 
 Qualification and terms of office 5 
 
 Successors of 6 
 
 Name of 7 
 
 Oaths and salaries 7 
 
 Bonds and additional oath 8 
 
 Removal of 9 
 
 Vacancies, how created 10 
 
 Vacancies, how filled 10 
 
 Department, designated how . 12 
 
 Powers and jurisdiction 12 
 
 Audit and accounts 13 
 
 Assessment and collection 13
 
 INDEX TO CHARTER. vil 
 
 Commissioner of Finance and Revenue — Sec. 
 
 Designated liow 12 
 
 Duties, powers, jurisdlctiou I'i 
 
 Audit of accounts 13 
 
 Assessment and collection 13 
 
 Commissioner of Streets and Public Improvements — 
 
 Designated how 12 
 
 Duties, powers, jurisdiction 12 
 
 Supervision of i)ublic improvements 12 
 
 Audit accounts 13 
 
 Commissioners, President of 
 
 Appointment of 5 
 
 Salary 7 
 
 Oath of office ''-{^) 
 
 Time devoted to duty 7 
 
 Bond 8 
 
 Voting, right of . 11 
 
 Executive officer 13 
 
 Suppression of riots 14 
 
 Protection of life 14 
 
 Special police, shall summon 14 
 
 Absence or disability 15 
 
 Financial report 73 
 
 Comptroller, State — 
 
 Duties as to financial condition 73 
 
 Oaths, shall administer 73 
 
 Witnesses, shall summon 73 
 
 Report of, public 73 
 
 Contempts — 
 
 Power to punish 11 
 
 Recorder, power to punish 
 
 Charter — 
 
 Enacting clause 1 
 
 Public law 94 
 
 Repealing clause 93 
 
 Contracts — 
 
 Rules for making and advertising f)r bid-s 74 
 
 By majority of whole Board 74 
 
 Commissioner not to be interested 74 
 
 Writing shall be in 74 
 
 Executed, by whom 74 
 
 Recorded in book 74 
 
 Limitations 50
 
 y\{\ index to charter. 
 
 Sbc 
 
 COBPOKATIONS — * 
 
 Directors in 
 
 County Commissioners— 
 
 Election, shall order 
 
 Damages— 
 
 Suits for, limitation on '*'' 
 
 Debt — 
 
 Mav borrow, limited 
 
 Bonds, limitation "^^ 
 
 Funds, limitation *^" 
 
 Contract for payment of ^" 
 
 Discussion — 
 
 Privilege of • ^6 
 
 DisTEicT Attorney — 
 
 Duties of ^1 
 
 Donations, State — 
 
 How expended '" 
 
 Employees — 
 
 Appointment and discharge of 12 
 
 Members may be reduced 29 
 
 Jury service, exempt from 75 
 
 Exemptions, other 75 
 
 Engineer, City— 
 
 Election 19a 
 
 Qualifications 19i 
 
 Duties 19i 
 
 Laborers, shall employ 19i 
 
 Laborers shall discharge 19i 
 
 Salary and fees 19i 
 
 Shall attend sessions 26 
 
 Survey of private property. 19i 
 
 Monuments, shall establish 191 
 
 Street work, shall supervise • 19i 
 
 Contracts, shall supervise 19i 
 
 Railway construction, shall supervise 191 
 
 Exemptions— 
 
 Attachment, execution and garnishment 50 
 
 Taxes 53 
 
 Jury service 75
 
 INDEX TO CHAKTER. IX 
 
 Fees— Sec. 
 
 Limitation of 24 
 
 Financial Statement — 
 
 Publication of 15 
 
 Filling and Grading — 
 
 Bonds for 69 
 
 Rate of interest 69 
 
 Territory to be filled 69 
 
 Donations, State 70 
 
 Wharf dividends 71 
 
 Board of Engineers 68 
 
 Fiee Limits — 
 
 May establish 34-(9) 
 
 Fiscal Year — 
 
 Shall begin, when 44 
 
 Fire Department — 
 
 Organization of ... . 20 
 
 Powers and duties 20 
 
 Chief of, duties and salary 20 
 
 Franchises — 
 
 Limitation of 45 
 
 Advertisement of 45 
 
 Heretofore granted 45 
 
 Reservation of rights 45 
 
 Forfeitures • 45 
 
 Funds — 
 
 Surplus, how used 76 
 
 Misapplication of special 34-(26) 
 
 Penalties therefor 34-(26) 
 
 Trust funds, taxes 72 
 
 Misapplication of 31 
 
 Galveston Wharf Company — 
 
 May pledge dividends of 71 
 
 Directors in 6 
 
 Harbor Master — 
 
 Election of 19a 
 
 Duties of 191 
 
 Salary and bond 191 
 
 Ships, shall station ■ . . 191
 
 X INDEX TO CHARTER. 
 
 Harboe Master — Continued. Skc. 
 
 Rules, shull enforce ^"1 
 
 Nuisauces, shall prevent l"! 
 
 Vessels, loading and unloading 191 
 
 Health Physician — 
 
 Election of l^a 
 
 Qualification, duties 191i 
 
 Salary 191» 
 
 Bond and approval 191» 
 
 Quarantine regulations 191i 
 
 Abate nuisances 19h 
 
 Duties other, shall perform 19h 
 
 Hospital, John Sealy and Board — 
 
 Board selected, how 38 
 
 Duties and powers 33 
 
 Officers and employees ... 33 
 
 Rules and regulations, shall make 33 
 
 Salaries and compensation 33 
 
 Limit of expenses 33 
 
 Visiting register 33 
 
 Patients register 33 
 
 Oaths of office 33 
 
 Inhabitants — 
 
 Judge, jury, witness, competency of 75 
 
 Inspector of Buildings — 
 
 Election 19a 
 
 Qualifications 19k 
 
 Duties 19k 
 
 Judgments — 
 
 Old, to remain in force 75 
 
 Legislative Sessions — 
 
 Open to the public 13 
 
 Meetings of 16 
 
 Special meetings 16 
 
 Quorum ot 16 
 
 What officers shall attend 26 
 
 Privilege of discussion 26 
 
 Market and Market Houses— 
 
 Establishment and regulations 35 
 
 Inspection 35
 
 INDEX TO CHARTER. XI 
 
 Municipal Government of Galveston — Sec. 
 
 What constitutes ^ 
 
 Successors to • ^ 
 
 Officers — 
 
 Election of 18a 
 
 Term of office 19a 
 
 Duration of oflQce 25 
 
 Misapplication of funds 31 
 
 Eemoval of 32 
 
 Trial on charges 32 
 
 Ordinances — 
 
 Enforce 2;3-(77) 
 
 When printed and published 77 
 
 Certified copies, evidence 77 
 
 Board, shall make 1~(17) 
 
 Penal, shall be published 17 
 
 Proof of publication 17 
 
 When to take effect 17 
 
 Style of 18 
 
 Personal Estate — 
 
 Definition of 54 
 
 Poll Taxes — 
 
 May levy 54 
 
 Police Department — 
 
 Organization of 20 
 
 Officers of 20 
 
 Salaries and compensation 20 
 
 Charges, how tried 20 
 
 Police and Fire Commissioner — 
 
 Designated, how 12 
 
 Powers and jurisdiction 12 
 
 Accounts, shall audit 13 
 
 Members of fire department, appointment 20 
 
 Appointments recommended 20 
 
 Jurisdiction to try charges 20 
 
 Oaths, may administer 20 
 
 Witnesses, attendance 20 
 
 Chief may appoint, Avhen 20 
 
 Pounds — 
 
 May establish 30
 
 Xii INDEX TO CHARTER. 
 
 President— *'"'j'- 
 
 See Commissioners, President of 
 
 Printing— 
 
 42 
 
 Contract for 
 
 Newspapers, contract with 
 
 Ordinances, publication of 
 
 Property, City- 
 Schedule of . 
 
 Public Act — 
 Public law 
 
 94 
 
 Quarantine — 
 
 Laws, may make ^* 
 
 Quorum — 
 
 What constitutes ^" 
 
 Railroads, City — 
 
 Regulation of "" 
 
 Taxation of. 66 
 
 Speed, may regulate "^ 
 
 Paving, expense of "" 
 
 Lien for paving 66 
 
 Real Estate — 
 
 Definition of ^^ 
 
 Recorder's Court — 
 
 Created and established 78-(83) 
 
 Jurisdiction 79 
 
 Name of court .... 79 
 
 Recorder, how elected 19a-(80) 
 
 Salary and duties 80 
 
 Procedure and practice 81 
 
 Seal of court 82 
 
 Costs and fines 85-(86) 
 
 Rules and Regulations 84 
 
 Jury and witness fees 87 
 
 Enforcing attendance 88 
 
 Recognizances 88 
 
 Contempts, may punish 88 
 
 Forfeiture of bail 88 
 
 Service of process 89 
 
 Appeals 90-(91) 
 
 Repealing act 93
 
 INDEX TO CHAETEE. xiii 
 
 Reserve Fund — Sec. 
 
 Emergency 44 
 
 Penalties 44 
 
 Revenues and Expenditures — 
 
 Statement of, to be published 13 
 
 Salaries— 
 
 Limitation of 24 
 
 Fixing of 44 
 
 Seal, Corporate — 
 
 May make and change 1 
 
 Secretary — 
 
 Appointed, how 11 
 
 Salary. 11 
 
 Attestation of process 11 
 
 Duties 11 
 
 Clerk of Recorder's Court 80 
 
 Duties of Recorder's Court 80 
 
 Sexton — 
 
 Election, duties, salary IDn 
 
 Registry of burial 1 9n 
 
 Fees and compensation 19n 
 
 Interment of all bodies Pdn 
 
 Sinking Fund — 
 
 Investment of 57 
 
 School Taxes — 
 
 Shall levy 65 
 
 Shall pay over 65 
 
 Payments, weekly 65 
 
 Collection of 64 
 
 Sewers and Sewerage — 
 
 See waterworks and sewers 19m 
 
 Streets and Alleys — 
 
 Burdens and uses 48 
 
 Breakwater 48 
 
 Condemnation of land 48 
 
 Opening of streets . 49 
 
 Removal of buildings 49
 
 Xiv INDEX TO CHARTER. 
 
 Taxes and Taxation— 
 
 Ad valorem 
 
 Assessor aud Collector, duties o2-(o4) 
 
 Assignments by debtor, taxes _ ^^ 
 
 Bankrupts, taxes 58-(62) 
 
 Corporation shares ''^ 
 
 Compromise and reduction ^^ 
 
 Damage stocks "'' 
 
 Delinquent taxes ^4 
 
 Delinquent taxpayers 
 
 60 
 
 Exemption from ^^ 
 
 Intervention for taxes ^1 
 
 Junk dealers ^2 
 
 Limitation for general purposes 54 
 
 Occupation, limit of ^'^ 
 
 Liens for taxes 5" 
 
 Limitation, not to be pleaded 60 
 
 Merchandise lien 58 
 
 Mode of assessment 54 
 
 No demand necessary 5;» 
 
 Occupation and license 52 
 
 Occupation and license 54 
 
 Pawnbrokers 62 
 
 Personal property, defined 54 
 
 Poll tax 54 
 
 Power to levy ad valorem tax for bonds, limited 67 
 
 Keal estate, defined 54 
 
 Railroads, city .... 60 
 
 Seizure and sale 58 
 
 Suits for taxes 54-(60) 
 
 School taxes 64 
 
 Sufficiency of tax roll 57 
 
 Transient vendors 62 
 
 To pay bonds, interest and sinking fund 67 
 
 Trust funds 72 
 
 Vehicles 51 
 
 When due 59 
 
 Treasurer — 
 
 Election of 1 9a 
 
 Bond, amount of 19b 
 
 Approval of bond 19b 
 
 Duties 19b 
 
 Accounts, shall make monthly 19b 
 
 Receipts, duplicates 19b 
 
 New bonds 19c 
 
 Deposits, daily 19d 
 
 Banks of deposit 19c
 
 INDEX TO CHARTER. XV 
 
 Treasurer — Continued. Sec. 
 
 Interest collections, report of liJd 
 
 Salary 19d 
 
 Books, funds, etc 30 
 
 Vacancies — 
 
 HoAV created 10 
 
 How filled 10-(21) 
 
 Of commissioners . . *. 10-(25) 
 
 Of other officers 25 
 
 Causes of 44 
 
 Kecorder, clerk 80 
 
 Vehicles — 
 
 License tax and regulate 51 
 
 Defrauding .... 51 
 
 Revenues I'rom 51 
 
 Kunners tor public houses, etc 51 
 
 Wards — 
 
 City divided into 3 
 
 May be changed 3 
 
 Wharf Company — 
 
 City Directors in 6 
 
 Dividends, how expended 71 
 
 Weapons — 
 
 Carrying of concealed 28 
 
 Penalties 28 
 
 Commissioner of Waterworks and Sewerage — 
 
 Designated, how 12 
 
 Duties, powers, jurisdiction 12 
 
 Audit accounts 13 
 
 Rules and regulations. 46 
 
 Rates and tolls 46 
 
 Sewerage connections 46 
 
 Sewerage and waterworks 19m 
 
 Sewerage connections ;]4-(8)-(]0) 
 
 Superintendent of Waterworks — 
 
 Election of 19a 
 
 Salary 19m 
 
 Duties 19m 
 
 Inspection 19m 
 
 Labor, shall employ all 19m 
 
 Discharge of laborers 1 9m 
 
 Repairs 19m
 
 REVISED ORDINANCES. 
 
 71
 
 AN ORDINANCE 
 
 To Adopt and Establish the Revised 
 Ordinances of the City of Galveston: 
 
 Section 1. Be it ordained by the 
 Board of Commissioners of the City of 
 Galveston, That the following Titles, 
 Chapters, Articles, Sections and Sub- 
 divisions shall hereafter constitute 
 
 72
 
 THE 
 
 REVISED ORDINANCES 
 
 OF THE 
 
 CITY OF GALVESTON 
 
 TITLE I. 
 
 CHAPTER ONE. 
 
 CHARTER OFFICERS, BONDS, SALARIES, DUTIES, OATHS. 
 
 Article 1. There shall be appointed, by the board of com- 
 missioners, at the time and in the manner prescribed in Sec- 
 tion 19 of the city charter, the following officers, towit : A 
 treasurer ; an attorney ; a recorder ; an assessor and collector 
 of taxes; a chief of police; a chief of the fire department; 
 an engineer, who shall be superintendent of streets ; an 
 auditor ; a health physician ; a harbor master ; a sexton ; a 
 superintendent of the waterworks ; an engineeer of the water- 
 works ; and such other officers and agents as said board of 
 commissioners shall direct. All said officers so elected shall 
 hold their offices for two years, and until the election and 
 qualification of their successors, unless removed by the said 
 board of commissioners, under the authority vested in it by 
 this act. 
 
 TREASURER. 
 
 Art. 2. The treasurer shall give bond in the sum of one 
 hundred thousand dollars ; his salary shall be twelve hundred 
 
 73
 
 Art. 3-5. revised ordinances of the 
 
 dollars per annum, payable in equal monthly installments, and 
 his duties shall be such as are prescribed in the city charter, 
 and such as may be prescribed by the board of commissioners. 
 
 ATTORNEY, 
 
 Art. 3. The attorney shall give bond in the sum of five 
 thousand dollars; he shall receive an annual salary of twelve 
 hundred dollars, and five per cent commissions on all col- 
 lections made by him, but he shall receive commissions for 
 the collection of taxes only in such suits as may be designated 
 to be brought by the commissioner of finance and revenue, 
 and only on the amount of such taxes collected after the in- 
 stitution of such suits. 
 
 AUDITOR. 
 
 Art. 4. The auditor shall give bond in the sum of ten 
 thousand dollars ; his salary shall be fifteen hundred dollars 
 per annum, and his duties shall be such as are prescribed 
 by the city charter, and such as may be prescribed by the 
 board of commissioners. 
 
 ASSESSOR AND COLLECTOR. 
 
 Art. 5. The assessor and collector shall give bond in the 
 sum of twenty-five thousand dollars; his salary shall be eigh- 
 teen hundred dollars per annum ; his duties shall be such as 
 are prescribed by the city charter, and such as may be pre- 
 scribed by the board of commissioners. Until hereafter other- 
 wise ordained by the board of commissioners the manner, 
 mode and forms prescribed by the laws of the State for the 
 rendition of property for taxation ; and for making out tax 
 lists and inventories and the appraisement of property therein 
 and prescribing how and when property shall be rendered for 
 taxation and prescribing the number and forms of assess- 
 ment rolls and fixing and defining the duties and powers of 
 assessor and collector of taxes, and for the collection of taxes 
 levied by the board of commissioners of the city of Galveston, 
 shall conform as near as may be to that provided by law for 
 the rendition and assessing of property for State and county 
 purposes and for the collection of State and county taxes, 
 and the assessor and collector of taxes shall be governed in 
 
 74
 
 CITY OF GALVESTON. ART. 6-10. 
 
 his procedure and acts in relation to assessing and collect- 
 ing of said taxes, as is provided by the laws of the State of 
 Texas relating to the assessment and collection of State and 
 county taxes, except in so far as is by the charter of the 
 city of Galveston otherwise expressly provided and required. 
 It shall also be the duty of the assessor and collector to 
 collect all moneys owing to the city and for the collection of 
 which no other provision is made. 
 
 RECORDER. 
 
 Art. G. The recorder shall give bond in the sum of one 
 thousand dollars ; his salary shall be six hundred dollars ; and 
 his jurisdiction, powers and duties shall be such as are pre- 
 scribed by the city charter. 
 
 CHIEF OF POLICE. 
 
 Art. 7. The chief of police shall give bond in the sum of 
 five thousand dollars; his salary shall be fifteen hundred dol- 
 lars per annum, and his duties are such as are prescribed by 
 the city charter, and such as may be prescribed by the board 
 of commissioners and the ordinances of the city. 
 
 CHIEF OF FIRE DEPARTMENT. 
 
 Art. 8. The chief of the fire department shall give bond 
 in the sum of five thousand dollars ; his salary shall be fifteen 
 hundred dollars per annum, and his duties shall be such as 
 are prescribed by the city charter, and such as ma}^ be pre- 
 scribed by the board of commissioners. 
 
 ENGINEER. 
 
 Art. 9. The engineer shall give bond in the sum of ten 
 thousand dollars ; his salary shall be twelve hundred dollars 
 per annum, and such fees as may be prescribed by the board 
 of commissioners for making surveys and fixing boundaries 
 of private property, which fees shall be paid by the owners 
 of such private property. 
 
 health physician. 
 
 Art. 10. The health physician shall give bond in the sum 
 of five thousand dollars : his salarv shall be one thousand
 
 Art. 11-15. revised ordinances of the 
 
 dollars per annum, payable in equal monthly installments: 
 his duties shall be such as are prescribed by the city charter, 
 and such as may be prescribed by the board of commis- 
 sioners. 
 
 HARBOR MASTER. 
 
 Art. 11. The harbor master shall give bond in the sum 
 of five thousand dollars ; his salary shall be one thousand dol- 
 dars per annum ; his duties shall be such as are prescribed 
 by the board of commissioners and by the provisions of the 
 city charter. 
 
 SEXTON. 
 
 Art. 12. The sexton shall give bond in the sum of twenty- 
 five hundred dollars ; his salary shall be one thousand dollars 
 per annum, and such fees as may be allowed by orditiance ; 
 his duties shall be such as are prescribed by the city charter, 
 and such other duties as may be recpiired of him by the board 
 of commissioners. 
 
 SUPERINTENDENT OF WATERWORKS. 
 
 Art. 13. The superintendent of waterworks shall gi\o 
 bond in the sum of five thousand dollars; his salary shall 1)6 
 twelve hundred dollars per annum ; his duties and powers, 
 are such as are prescribed by the city charter, and such as 
 may be prescribed by the board of commissioners. 
 
 ENGINEER OF WATERWORKS. 
 
 Art. 14. The engineer of waterworks shall give bond in 
 the sum of three thousand dollars; his salary shall be twelve 
 hundred dollars, payable in equal monthly installments, and 
 his duties shall l)e such as may be prescribed by the boar.l of 
 commissioners by ordinance or resolution. 
 
 SECRETARY. 
 
 Art. 15. The secretary shall give bond in the sum c: 
 twenty-five hundred dollars; his salary shall be twelve hnn 
 dred dollars per annum; his duties shall be such as are pre- 
 scribed in the cit} charter, and such as may be prescribed by 
 the board of commissioners.
 
 CITY OF GALVESTON. ART. 16-18. 
 
 OFFICERS CREATED. BONDS. 
 
 Art. 16. For the more efficient administration of the 
 affairs of the city the following officers are hereby created, 
 towit ; each of whom shall give bond in the sum set opposite 
 their names : 
 
 Chief inspector of health department ; bond, $1000. 
 
 Janitor of city hall and offices ; bond, $500. 
 
 Assistant assessor and collector of taxes ; bond, $5000. 
 
 Secretary of waterworks and sewers ; bond, $10,000. 
 
 Assistant secretary of waterworks and sewers ; bond, $2000. 
 
 Three port wardens, each to give a bond of $1000. 
 
 Two assistant secretaries of board of commissioners, each 
 to give a bond of $1500. 
 
 Night engineer of waterworks; bond, $2000. 
 
 Libraiian, one; bond, $1000. 
 
 Superintendent of drays; bond, $500. 
 
 Police officer in assessor and collector's office ; bond, $1500. 
 
 Every other policeman and every fireman ; bond, $500. 
 
 APPROVAL OF BONDS. 
 
 Art. 17. That except where otherwise provided 'by law, all 
 bonds given b}- the various officers and employes of the city 
 shall be conditioned for the faithful performance of the duties 
 of their respective offices and employments, and shall be ap- 
 proved by the president of the board of commissioners and 
 the. commissioner of finance and revenue, and if such officer 
 or employe be in any department in charge of a particular 
 commissioner, then his bond shall also be approved by such 
 commissioner. 
 
 COMMISSIONS. 
 
 Art. 18. That commissions in suitable form, signed by 
 the president of the board and attested by the secretary under 
 the corporate seal of the city shall as soon as practicable after 
 their appointment be issued to all officers of the city except 
 members of the board of commissioners, but all official acts 
 of such officers done or performed after taking oath and giv- 
 ing bond as prescribed for their qualification, shall be valid 
 and lawful as well before as after the issuance of such com- 
 missions.
 
 Art. 19-22. revised ordinances of the 
 
 CHAPTER II. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Art. 19. That each and every officer of the city of Gal- 
 veston shall discharge the duties indicated by his title and 
 such other duties as may be more specifically required of him 
 by the board of commissioners or under its authority, and 
 until otherwise ordered by the board, all ordinances and 
 regulations heretofore in force defining and regulating the 
 duties of officers bearing the same or similar titles to those 
 created by the present charter or by the board of commis- 
 sioners shall remain in force as prescribing the duties of such 
 officers as have been appointed by the board of commission- 
 ers, except in so far as such ordinances or regulations may 
 have been or shall be modified, changed or repealed by the 
 charter or by act of the board of commissioners. 
 
 Art, 20. That all offices heretofore created or existing 
 under the former charter and ordinances of the city of Gal- 
 veston and which are not provided for in the present charter 
 or which have not been created by the board of commission- 
 ers of the city of Galveston be and the same are hereby 
 abolished and the resolution to that effect adopted by the 
 board of commissioners on Oct. 1st, 1901, is liereby adopted, 
 ratified and confirmed. 
 
 Art. 21. That the action heretofore taken by this board 
 creating or filling any of the offices named in this ordinance, 
 as also in prescribing the bonds of officers and how they 
 shall be approved whether such action be by resolution or 
 other order of the board be and the same is hereby ratified, 
 adopted and approved as of the date when such action was 
 taken. 
 
 Art. 22. Whenever in the course of the administration of 
 the affairs of the city by this board it is necessary or proper 
 that any act or duty should be done which, under the former 
 administration was by law or ordinance required to be done 
 by the mayor of the city, the same may be done by the presi- 
 dent of the board of commissioners, unless by law or by 
 order of the board of commissioners it has been or shall be
 
 CITY OF GALVESTON. AET. 23-29. 
 
 otherwise provided, and that this ordinance take effect and 
 be in force from and after its passage. 
 
 Art. 23. Every person elected or appointed to any office 
 under the city charter or city ordinances shall, before he enters 
 on the duties of his office, take and subscribe the official oath 
 prescribed in the Constitution of the State, together with 
 such additional oath as may be or has been prescribed by 
 the city charter or the board. 
 
 Art. 2-4:. If any person shall fail to qualify within five 
 days after they shall have been notified of their election or 
 appointment by the secretary, their offices shall become 
 vacant, except in cases of sickness, unavoidable accident or 
 special action of the board. 
 
 Art. 25. That each officer of the city shall prepare a full 
 and exact inventory and list of all the effects, furniture, rec- 
 ords, books, archives, papers and other property belonging 
 to his office or department and owned by the city, and at the 
 close of his term of office he shall deliver same into the 
 possession of his successor, taking his receipt therefor in 
 duplicate, one of which he shall deliver to the secretary, which 
 shall be filed and kept in his office. 
 
 Art. 26. That the president is authorized to grant a leave 
 of absence to any officer of the city for a term not exceeding 
 five days; but no officer shall absent himself from duty, at 
 any time, for a term exceeding five days, without the con- 
 sent of the board. 
 
 Art. 27. That this ordinance shall apply to the following 
 officers, towit : The auditor, assessor, secretary, collector, 
 chief of police, chief engineer of the fire department, assist- 
 ant engineer of the fire department, engineer, harbor master, 
 health physician, and. sexton, and such other officers as may 
 be created by the board. 
 
 Art. 28. Officers may grant a leave of absence to any 
 subordinate or employe in their respective departments for 
 a term not exceeding five days ; but no subordinate or em- 
 ploye shall absent himself from duty, at any time, for a term 
 exceeding five days, without the consent of the board. 
 
 Art. 29. No leave of absence shall be granted to any such 
 officer, subordinate or employe, unless he shall have provided 
 
 79
 
 Art. 30-34. revised ordinances of the 
 
 a substitute to fill his place and perform the duties of his 
 ofifice during his absence. 
 
 Art. 30. Any such officer, subordinate or employe who 
 shall absent himself from duty without the consent of the 
 president or the board, as provided by this ordinance, shall be 
 liable to removal by the board. 
 
 CHAPTER THREE. 
 
 commissioners' duties. 
 
 Art. 31. It shall be the duty of each commissioner to 
 formulate all rules and regulations, necessary or expedient in 
 his judgment to be observed by the officers and employes 
 in his department, and such rules, when approved and adopted 
 by the board of commissioners, shall be printed for informa- 
 tion of and observance b}- all persons concerned. 
 
 TITLE II. 
 
 CHAPTER ONE. 
 
 SEXTON, RULES AND REGUL.'^TIONS. 
 
 Art. 32. There shall be appointed at the time and in the 
 manner provided in Section 19 of the city charter, a city sex- 
 ton, whose duties shall be as herein prescribed. 
 
 Art. 33. The block of ground bounded by Fortieth street 
 on the east, Broadway on the north, Forty-third street 
 on the west and Avenue L on the south sliall constitute the 
 city cemetery. 
 
 Art. 3-i. The place purchased by the city as a site for a 
 cemetery, being seven and one-half acres off the north end 
 of lot twenty-two (22) section one of Galveston island, is 
 hereby established as a place for the burial of the dead, for 
 the city of Galveston, and shall be designated as Lake View 
 city cemeter}^ 
 
 80
 
 CITY OF GALVESTON. AKT. 35-3«. 
 
 Art. 35. Lake A'iew city cemetery shall be laid off into 
 streets, alleys and lots by the city engineer. The size of a 
 full lot shall be twenty feet square, which full lots may be 
 sold in quarters. The price of a full lot shall be twenty-five 
 dollars, and of a quarter lot eight dollars. Lots for the burial 
 of strangers, or others not buried by the city or county, may 
 be sold for two dollars per grave. 
 
 Art. 3G. The city engineer shall survey said grounds, and 
 shall make a map thereof, of a size not exceeding twenty feet 
 to the inch, on durable paper, and neatly and artistically 
 drawn, designating in some appropriate part some portion 
 as burying ground for paupers, bviried b}' the county or city, 
 and another for strangers, and numbering the lots from the 
 south central entrance to the north, consecutively, as ranges 
 east and west from the central street, one, two, three, etc.; 
 and the quarter block shall be designated northeast, north- 
 west, southeast and southwest quarter, which map, when com- 
 pleted, shall be framed and suspended in the office of the 
 city secretar}-, and a copy thereof filed in the office of the 
 recorder of deeds. 
 
 Art. 37. The said map being executed and adopted, the 
 lots shall be open to purchase, and the person selecting a 
 lot or quarter lot, or one or more lots for a congregation, shall 
 point the same out to the city secretar}', who shall note the 
 same on the map, with the date and name, and give the ap- 
 plicant a certificate of selection. The applicant shall present 
 said certificate to the city collector, who shall receive the 
 price of the lot or lots, and endorse his receipt on said cer- 
 tificate, which shall be returned to the secretary and filed 
 in his office. 
 
 Art. 38. The president shall cause to be printed and bound 
 substantially, blank deeds for lots in the cemetery, describing 
 
 the lots as lot No. , in range No. (east or west, as 
 
 the case may be), and on the return of the certificate of 
 selection, with the receipt of the collector endorsed, the sec- 
 retary shall fill up one of the blank deeds with the name of 
 the purchaser, number of range and lot, or cjuarter lot, and 
 date, and the president and purchaser shall sign said deed, 
 and their signatures shall be attested by the secretary, who 
 
 81
 
 AET, 39-41. REVISED ORDINANCES OF THE 
 
 thereupon shall deliver to the purchaser a certificate of pur- 
 chase, describing- the lot as in the deed, and the certificate 
 of purchase shall bear the number of the page of the deed 
 book. The said book shall be indexed alphabetically, v^ith 
 the names of all purchasers of lots, and the page of the deed, 
 and shall remain as record of the city, in the custody of 
 the secretary ; and for each certificate of purchase completed 
 the secretary shall receive one dollar, to be paid by the 
 purchaser. 
 
 Art. 39. All lots and vacant pieces of ground owned by 
 the city in the city cemetery may be sold at such prices as 
 may be recommended by the committee on cemeteries, and 
 the president is authorized to make title to the same in ac- 
 cordance with the rules herein prescribed for the sale of 
 lots in Lake A'lew city cemetery. 
 
 Art. 40. The proceeds of lots sold shall, as received by 
 the treasurer, be credited to the cemetery fund, and shall 
 be subject to draft only for cemetery purposes, and to re- 
 imburse the city for the amount paid for the grounds. 
 
 Art. 41. The city sexton shall receive for his services the 
 sum of one thousand dollars per annum, to be paid monthly, 
 as other city officers are now paid, and it shall be his duty 
 to exercise a general superintendence of all cemeteries in the 
 city of Galveston, as well as all cemeteries belonging to the 
 city of Galveston. He shall keep a book of registry of all 
 burials, as provided for in article 15, Revised Ordinances, in 
 which shall be entered the "date or burial," "name of de- 
 ceased," "nativity," "age," "cause of death," "place of burial," 
 "number of lot," and "number of grave in lot," (provided that 
 when the burial is made in a private lot the number of grave 
 shall be omitted), of all persons buried in any of the ceme- 
 teries within the corporate limits of the city of Galveston, 
 as well as all burials in any cemetery without the corporate 
 limits, for which service there shall be charged and collected 
 by the city collector of taxes a registration fee of one dollar. 
 The term "burial" here used is intended to include regis- 
 tration fee for all bodies placed in vaults. And in all cases 
 where bodies are removed and reburied, or placed in vaults, 
 or removed from the city for interment elsewhere, there shall
 
 CITY OF CtALVeston. Art. 42-44. 
 
 be charged and collected by the city collector a registration 
 fee of two dollars, a careful registration of such removal and 
 reburial being made and entered by the city sexton in the 
 Book of Registry of Burials. And the following schedule 
 of prices shall be charged in all cases where parties are buried 
 in any of the city cemeteries : 
 
 For preparing the graves of adults $3 50 
 
 For preparing the graves of children 2 50 
 
 And the same charges shall be made in all cases where bodies 
 are placed in vaults in the city cemeteries. And the city sex- 
 ton shall require and demand a receipt from the city collector 
 of taxes showing the payment of such charges before pre- 
 paring graves or allowing bodies to be placed in vaults in 
 any of the city cemeteries; provided, that the fees and charges 
 herein provided for shall not apply to paupers buried at the 
 expense of the city. 
 
 Art. 42. In all cases where paupers are buried at the 
 expense of the county of Galveston, there shall be charged 
 and collected by the city collector of taxes from the county 
 of Galveston the sum of one dollar and fifty cents for pre- 
 paring the graves of all paupers buried in any of the city 
 cemeteries, a registry of such burial being entered as herein- 
 before provided, for which no charge will be made. In ad- 
 dition to the duties which devolve on the city sexton as 
 herein prescribed, he is required to keep all the walks in the 
 city cemeteries in good condition and free of grass and all 
 other growth, and he shall be allowed, for the compensation 
 of such help as he may be required to employ monthly in 
 preparing graves and keeping the walks of the city ceme- 
 teries in proper condition, such amount as may be fixed 
 monthly by the board of commissioners, which sum shall 
 be paid from the registration fees collected as herein pro- 
 vided for by the cit}' collector for the registration of burials. 
 The amount to be allowed monthly for the compensation of 
 the help of the city sexton to be appropriated monthly by 
 the board of commissioners. 
 
 Art. 43. It shall be the duty of the commissioner of streets 
 and public improvements, at least once a month, to examine 
 into the condition of the cemeter}^, and report to the board. 
 
 83
 
 Art. 44-48. revised oRDrNA^x•ES of the 
 
 Art. 44. The city sexton shall keep a registry in his office, 
 in a substantially bound book, in index form, allowing eight 
 to ten pages to each letter, which register shall be ruled into 
 columns, showing "date of burial," "name of deceased," 
 "nativity," "age," "cause of death," "place of burial," "num- 
 ber of lot." and "number of grave in lot ;" provided, that when 
 the burial is made in a private lot, the number of the grave 
 shall be omitted. 
 
 Art. 4."). The sexton shall enter in said register all burials 
 made in the cemetery, whether in private, lots, potter's field, 
 or strangers' ground; and for the purpose of making said 
 entry, he shall require from the friends of the deceased a 
 certificate from the attending or other practicing physician 
 as to the facts necessary to entitle the body to be interred, 
 or shall have an inquest held on the body. 
 
 Art. 4fi. The said register shall be kept in the office of 
 the city sexton, and shall be open to the inspection of any 
 one interested, and failure to make such entries shall be suf- 
 ficient cause for removal from office. 
 
 Art. 47. The city sexton shall, before he enters upon the 
 duties of his office, take and subscribe an oath before the 
 mayor, or some justice of the peace resident in said city, 
 well and truly to perform the duties of his said office. 
 
 Art, 48. Any person, desiring to have a dead body in- 
 terred in any city cemetery, shall apply to the city sexton 
 for that purpose; and it is hereby made the duty of the said 
 sexton faithfully to inter the dead bodies of all persons in- 
 trusted to him for that purpose. The person having charge 
 of such dead body, or desiring such interment to be made, 
 shall furnish the sexton with a certificate of the attending 
 physician of the deceased, or in case such certificate can not 
 be procured, or there was no physician in attendance, with 
 a certificate of some practicing physician, stating the name, 
 sex, age, place of birth, and residence of the deceased, the 
 time and place of death, and the disease or casualty which 
 caused such death, or as many of said particulars as may 
 be known or can be obtained; provided further, that the 
 holding of an inquest upon such dead body by a justice of 
 the peace or other officer shall not relieve the sexton from the 
 
 84
 
 CITY OF GALVESTON. AET, 49-53, 
 
 obligation to require a physician's certificate as aforesaid 
 before interring such dead body. 
 
 Art. 49. Any person desiring to ship or transport a dead 
 body beyond the city limits, for interment elsewhere than 
 in a city cemetery, shall furnish the city sexton with a cer- 
 tificate in accordance with the provisions of this article be- 
 fore removing the same. Any person who shall ship or 
 transport a dead body beyond the city limits, without first 
 having furnished the city sexton with the certificate herein 
 prescribed, shall be. fined ten dollars. 
 
 Art. 50. It shall be the duty of the sexton to require such 
 certificate to be delivered to him before he inters any dead 
 body, and, if he shall bury any such body without such cer- 
 tificate, he shall be subject to a fine not exceeding ten dol- 
 lars. And it shall not be lawful for any dead body to be buried 
 within the city limits, except in some cemetery of the city, 
 unless express permission therefor be granted by the health 
 physician ; and any person who shall bury, or attempt to bury, 
 such dead body within the corporate limits elsewhere than 
 in such cemetery, without such permission from said board, 
 shall be subject to a fine of not exceeding fifty dollars. 
 
 Art. 51. It shall be the duty of every householder, or 
 other person having charge of the body of any deceased per- 
 son, and of the attending physician, to furnish the certificate 
 required herein, and upon refusal or neglect to comply with 
 such requisition, he shall be fined in a sum of not exceeding 
 ten dollars. And, if any person shall knowingly make any 
 such certificate, which shall be found to be false or untrue, 
 he shall be fined fifty dollars. 
 
 Art. 52. It shall be the duty of the city sexton to keep a 
 record book, in his office, to be provided by the city, which 
 shall contain a correct account of all burial lots or graves 
 sold, in the cemetery under his charge. He shall make a 
 weekly report to the health physician of all interments in the 
 cemeteries under his charge, and return to the health phy- 
 sician, with said report, all death certificates received by him, 
 under the provisions of this chapter, during the current week. 
 
 Art. 53. It shall be the duty of the health physician to 
 transcribe or record an abstract of said certificates returned 
 
 85
 
 Art. 22-22. revised ordinances of the 
 
 to him by the city sexton in a record book to be kept for 
 that purpose in his office, and publish a mortuary list in ac- 
 cordance therewith at least once in every week. 
 
 Art. 54. It shall not be lawful for any person to dis- 
 inter or remove any dead body deposited therein from any 
 grave or vault, except it be upon the application or with the 
 consent of the friends or family of the deceased; and then 
 only under the written permission of the health physician, 
 and superintendence of the city sexton. And if any person 
 shall offend against the provisions of this article, or shall 
 receive any such body, knowing it to have been so disinterred 
 and removed, without the permission of the health physician, 
 he shall be fined in a sum not exceeding one hundred dollars. 
 
 Art. 55. It shall be unlawful for any person to deposit for 
 burial, or to permit any dead body to remain in any vault 
 in the cemeteries, within the city of Galveston, without hav- 
 ing the same thoroughly sealed up in an air-tight compart- 
 ment thereof. Any person, either as owner or agent, who 
 shall violate any provision of this ordinance, shall on con- 
 viction be fined in the sum of fifty dollars. It shall be the 
 duty of the city sexton to enforce the provisions of this 
 chapter. 
 
 Art. 56. In all cases where permission has been granted 
 by the health physician to disinter or remove a dead body, 
 it shall be his duty, on application of the person interested, 
 to give such person a certificate, stating the cause of death 
 and such other facts as he may deeni necessary ; provided, that 
 no permit shall be granted where the death has been caused 
 by contagious or other pestilential disease. 
 
 Art. 57. If the said city sexton shall, without the con- 
 sent of the friends or family of the dead person, and with- 
 out proper authority, as specified in the preceding article, 
 suffer, permit or allow the disinterment of any dead body, 
 or participate directly or indirectly therein, or in unlawfully 
 or improperly withholding and keeping from interment any 
 dead body, or suffering it or allowing it to be done, he shall 
 be fined in a sum not exceeding one hundred dollars, and 
 shall be removed from office.
 
 CITY OF GALVESTON. ART, 08-GI. 
 
 Art. 58. The said sexton shall prepare, or cause to be 
 prepared, graves for the reception of dead bodies, as promptly 
 as shall be required, and shall take care that none be of a 
 less depth than three feet. And it shall be his duty to keep 
 the cemeteries free from weeds and in good condition. 
 
 Art. 59. If any person shall cut, break or otherwise injure, 
 mutilate or deface any tombstone, head or foot board, vault, 
 monument or enclosure, tree, shrub or ornament, in the city 
 cemeteries, or in any grave3'ard, whether belonging to the city 
 or not, he shall be liable to be fined in a sum not exceeding 
 twenty-five dollars. 
 
 Art. 60. The city sexton shall have control over the in- 
 terment and disinterment of all dead bodies in the grounds, 
 either public or private, of the city cemeteries, and shall 
 keep a record of the same, and make weekly report thereof 
 to the health physician. Any person, who shall inter or dis- 
 inter any dead bod}- in the city cemeteries without the knowl- 
 edge and consent of the city sexton, shall be fined in aiiy 
 sum not exceedine: one hundred dollars. 
 
 TITLE III. 
 
 CHAPTER ONE. 
 
 LIQUOR TAX. 
 
 Art. 61. That there is hereby levied and hereafter there 
 shall be collected from every person, firm, corporation or 
 association of persons selling spirituous, vinous or malt liquors 
 or medicated bitters, capable of producing intoxication, within 
 the corporate limits of the city of Galveston, an annual tax 
 on each separate establishment, as follows : 
 
 For selling such liquors or medicated bitters in quantities 
 of one gallon or less than one gallon, one hundred and fifty 
 dollars ; for selling such liquors or medicated bitters in quan- 
 8- 87
 
 Art. 62. revised ordinances of tee 
 
 titles of one gallon or more than one gallon, one hnndred 
 and fifty dollars ; provided, that in selling one gallon the same 
 may be made up of different liquors in unbroken packages, 
 aggregating not less than one gallon ; for selling malt liquors 
 exclusively, twenty-five dollars; provided, that nothing in 
 this section shall be so construed as to exempt druggists who 
 sell spirituous, vinous or malt liquors or medicated bitters, 
 capable of producing intoxication, on the prescription of a 
 physician or otherwise, from the payment of the tax herein 
 imposed; and provided further, that this article shall not 
 apply to the sale by druggists of tinctures and drug-com- 
 pounds, in the preparation of wh'ch said liquor or medicated 
 bitters are used, and sold on the prescription of a physician 
 or otherwise, and wnicli tinctures and compounds are not 
 intoxicating beverages, prepared in the evasion of the pro- 
 visions of this section. 
 
 Art. 62. That every person, firm, corporation or associa- 
 tion of persons desiring to engage in the sale of spirituous, 
 vinous or malt liquors or medicated bitters, capable of pro- 
 ducing intoxication, in the city of Galveston, as set forth 
 in Section 1 of this ordinance, shall, before commencing the 
 sale of such liquors or medicated bitters, file with the sec- 
 retary of this city an application, under oath, for license to 
 engage in the sale of such liquors or bitters ; said application 
 to be made on a form to be furnished said applicant by the 
 secretary, and which shall designate the place where it is 
 proposed to carry on the sale of such liquors or bitters, giv- 
 ing the street and number of the house, the quantity which 
 the applicant proposes to sell, whether one gallon or more, 
 or one gallon or less than one gallon, or whether he or they 
 desire to sell malt liquors exclusively; and shall also state 
 in said application whether said liquors or medicated bitters 
 are to be sold to be drunk on the premises. The secretary 
 shall then issue a certificate showing that such application 
 has been, made as herein provided, and thereupon, and not 
 before, there shall be issued by the collector of taxes a license 
 to said applicant, the entire annual tax herein levied having 
 first been paid to the collector of taxes of the city of Gal- 
 veston, according to the quantities the applicant may pro- 
 
 88
 
 CITY OF GALVESTON. ART. G3-65. 
 
 pose to sell. All taxes herein levied shall be paid in ad- 
 vance. All licenses issued hereunder shall be posted in a 
 conspicuous place in the place of business of said licensee, 
 and, on failure to so post said license or receipt, he or they 
 so failing- shall be considered as having no license and sub- 
 ject to all the pains and penalties as if no such had been issued. 
 
 Art. 63. That no license shall be issued for a longer period 
 than one year. The time for which such license is authorized, 
 the particular building, number and location, name of the 
 licensee, and the quantities allowed to be sold, shall be stated 
 in the license, which shall be valid and effective only at the 
 place of the person and in quantities as stated therein, and 
 shall not be subject to transfer except as herein provided. 
 
 Art. 64. That if any person, firm, corporation or asso- 
 ciation of persons shall have obtained a license hereunder 
 and desire to transfer the same to some other person, firm, 
 corporation or association of persons, such transfer may be 
 made by presenting application therefor to the secretary, 
 who shall thereupon furnish certificate of such application, 
 and upon presentation of such certificate and the license, hav- 
 ing the transfer endorsed upon the face thereof, the collector 
 of taxes shall endorse his approval of such transfer on the 
 face of the license ; and any person, firm, corporation or 
 association of persons having obtained a license and desir- 
 ing to change the place or time designated in said license 
 Avhere sales may be made, may have such change made by 
 applying therefor to the secretar}^, who, upon such applica- 
 tion being filed with him, in writmg, shall issue a certificate 
 that such application has been made ; upon presentation of 
 such certificate and the license to the collector of taxes, he 
 shall endorse on the face of the license the new place of 
 business; but this provision shall in no case permit of the 
 temporary closing one place of business to sell at another 
 place. 
 
 Art. 65. That any person, firm or association of persons 
 who shall engage in the sale of spirituous, vinous or malt 
 liquors or medicated bitters, without first having obtained 
 a license therefor, shall be fined in the sum of ten dollars. 
 Any person, firm, corporation or association of persons who 
 
 89
 
 Art. 66-68. revised okdinaxces of the 
 
 shall sell spirituous, vinous or malt liquors or medicated bit- 
 ters, in quantities not authorized by their license, or who 
 shall sell spirituous, vinous or malt liquors or medicated bit- 
 ters in any place other than that desig-nated in the license, 
 or who shall sell otherwise than as authorized by the license, 
 shall be deemed guilty of a misdemeanor, and on conviction 
 before the Recorder, bhall be fined in tlie sum of ten dollars; 
 provided, that each day any person, firm or association of 
 persons, shall engage in the sale of spirituous, vinous or malt 
 liquors or medicated bitters, in violation of any provision 
 of this ordinance, shall constitute a separate offense. 
 
 Art. go. That the payment nf the United States, special 
 tax or the State tax, as a seller of spirituous, vinous or malt 
 liquors, shall be prima facie evidence that the person, firm 
 or association of persons paying such tax are engaged in 
 selling such liquors. 
 
 Art. 67. That the secretary is hereby required to keep a 
 book showing all applications to him for licenses, for trans- 
 fers thereof and for changes of place of Ijusiness, which 1)ook 
 shall show the date of such application, the person, firm or 
 association of persons by whom such application is made, and 
 the place where such business is carried on ; and the col- 
 lector of taxes is required to keep a book which shall show 
 when and to whom licenses are issued, and where sales 
 thereunder are to be made, and all transfers and changes, 
 and the details thereof. 
 
 Art. 6S. That all persons, firms or associations of persons 
 who have paid this city for licenses for the sale of liquors, 
 under ordinances of this city heretofore existing, such pay- 
 ment having been made within twelve months prior to the 
 final passage thereof, shall be entitled, upon presentation 
 and surrender of such license issued by this city, to a new 
 license under the terms hereof, which said license shall be 
 valid and effective for a period of one year from the date of 
 the license so presented and surrendered. 
 
 !)0
 
 CITY OF GALVESTON. ArT. 69-70. 
 
 CHAPTER TWO. 
 
 OCCUPATION TAXES. 
 
 Art. no. That there is hereby levied on and shall be col- 
 lected from every person, firm, company or association of 
 . persons pursuing any of the occupations named in the fol- 
 lowing numbered sub-divisions of this section, within the 
 limits of the city of Galveston, an annual occupation tax, 
 which shall be paid annually, in advance, except when herein 
 otherwise provided, on every such occupation or separate 
 establishment as follows : 
 
 Art. 70. From every merchant whose annual purchases 
 amount to less than two thousand dollars, one dollar and a 
 half; from ever merchant whose annual purchases amount 
 to two thousand or less than five thousand dollars, three 
 dollars; from every merchant whose annual purchases amount 
 to five thousand dollars or less than ten thousand dollars, 
 six dollars ; from every merchant whose annual purchases 
 amount to ten thousand dollars or less than fifteen thousand 
 dollars, ten dollars ; from every merchant whose annual pur- 
 chases amount to fifteen thousand dollars or less than twenty- 
 five thousand dollars, twelve and one-half dollars ; from every 
 merchant whose annual purchases amount to twenty-five 
 thousand dollars or less than fifty thousand dollars, thirty 
 dollars ; from every merchant whose annual purchases amount 
 to fifty thousand dollars or less than one hundred and fifty 
 thousand dollars, sixty-two and one-half dollars; from every 
 merchant whose annual purchases amount to one hundred 
 and fifty thousand dollars or less than two hundred and 
 fifty thousand dollars, sevent}'-five dollars ; from every mer- 
 chant whose annual purchases amount to two hundred and 
 fifty thousand dollars or less than five hundred thousand dol- 
 lars, one hundred dollars; from every merchant whose annual 
 purchases amount to five hundred thousand dollars or less 
 than seven hundred and fifty thousand dollars, or more, one 
 hundred and twenty-five dollars ; from every merchant whose 
 annual purchases amount to seven hundred and fifty thousand 
 dollars or more, one hundred and fifty dollars. Every person, 
 firm, corporation or association of persons, desiring to sell 
 
 91
 
 Art. 71. REVISED ordinances of the 
 
 o-oods, wares or merchandise within this city shall, before 
 pursuing such occupation, pay the tax for one year and take 
 out a license to pursue the occupation of the merchant of 
 the class to which he properly belongs, according to his an- 
 nual purchases, as provided by law, and shall file with the 
 tax collector an affidavit of the amount of his annual pur- 
 chases for the past year, if previously engaged in such busi- 
 ness — or a part of a year, if engaged in such business less 
 than a year — and also of the estimated amount of his annual 
 purchases for the ensuing year. Said afihdavit shall be filed 
 and preserved by the tax collector as a part of the records 
 of his office, and shall be in substance as follows, viz. : 
 
 "The undersigned, as the representative of 
 
 , doing business in 
 
 the City of Galveston, Texas, do solemnly swear 
 that the estimate made of the annual purchase of 
 said concern of goods, wares and merchandise for 
 
 the next ensuing year does not exceed 
 
 thousand dollars. I further swear that the annual 
 purchases of said concern for the i)ast. . . .months 
 
 did not exceed the sum of thousand 
 
 dollars." 
 
 Said affidavit shall be signed and sworn to before some 
 officer authorized to administer oaths, and for this purpose 
 the tax collector of this city is hereby authorized to ad- 
 minister oaths. 
 
 Art. 71. From every merchant who may move from place 
 to place and offer for sale "Bankrupt stocks" of goods, or 
 advertising "Fire sales" or "Water and fire damaged stocks 
 for sale," for a limited period of time, there shall be collected 
 Fifty dollars per month for the first month, or less than a 
 month, for each and every place where such business is loca- 
 ted ; and for each additional month that sucli sales are con- 
 tinued, at any given place, said merchant shall pay an addi- 
 tional sum of Ten dollars; provided, that wliere they remain 
 for six months in one place, in addition to the Infty dollars 
 charged for the first month, they shall pay an additional sum 
 of Five dollars per month ; and provided further, that if they 
 
 92
 
 CITY OF GALVESTON. ArT. 72 80. 
 
 remain in one place for a period of twelve months, they shall 
 be required to pa}-, in addition to the Fifty dollars for the 
 first month, the sum fixed in the preceding paragraph, accord- 
 ing to class and amount of goods sold in one year. 
 
 Art. 72. From every traveling person selling patent or 
 other medicines. Fifty dollars ; and no traveling person shall 
 so sell until said tax is paid ; provided, that this tax shall not 
 apply to commercial travelers, drummers or salesmen making 
 sales, or soliciting trade for merchants engaged in the sale of 
 drugs or medicines by wholesale. 
 
 Art. 73. From every fortune teller. Five dollars ; from 
 every clairvoyant or mesmerist, who plies his or her vocation 
 for money. Five dollars. 
 
 Art. 74. From every person, firm or association of per- 
 sons engaged in discounting or shaving paper, or engaged 
 in business as money brokers or bankers, or dealers in stocks, 
 securities or bills of exchange, or in buying or selling bonds, 
 State, County or City warrants, or other claims against the 
 State, an annual tax of Twenty-five dollars. 
 
 Art. 75. From every operator or owner of any daguer- 
 rean, photograph or other like gallery, by whatever name 
 called, an annual tax of Five dollars. 
 
 Art. T(). From every auctioneer an annual tax of Five 
 dollars. 
 
 Art. 77. From every keeper of a toll bridge, an annual 
 tax of Three and one-half dollars. 
 
 Art. 78. From every person, firm or association of per- 
 sons following the occupation of ship brokers or ship agents, 
 an annual tax of Five dollars. 
 
 Art. 79. From every person, firm or association of per- 
 sons selling on commission. Five dollars. 
 
 Art. 80. From every land agent there shall be collected 
 an annual tax of Two and one-half dollars. The term "land 
 agent" shall be construed to mean any person, firm or asso- 
 ciation of persons performing for compensation any of the 
 following services : Purchasing or selling real estate for oth- 
 ers; purchasing or selling land certificates for others. But 
 this term "land agent" shall not be construed so as to levy a 
 tax upon an attorney in addition to the one hereinafter levied. 
 
 93
 
 Art. 81-8n. revised ordinances of the 
 
 Art. 81. From every person practicing law, and from 
 every conveyancer or other person drawing deeds or other 
 legal instruments for pay, Two and one-half dollars. 
 
 Art. 82. From every local practicing dentist, an annual 
 tax of Two and one-half dollars. 
 
 Art. 83. From every person or firm keeping a shooting 
 gallery at which a fee is paid or Demanded, an annual tax of 
 Fifteen dollars. 
 
 Art. 84. From each person or firm keeping a knife, cane 
 or doll rack, or any other device upon which rings are pitched, 
 or at which balls are thrown, an annual tax of Twelve and 
 one-half dollars. 
 
 Art. So. From every billiard, pool table, or anything of 
 the kind, used for profit, Ten dollars ; and any such table used 
 in connection with any drinking saloon or other place of busi- 
 ness where intoxicating liquors, cigars or other things of value 
 are sold or given away, or upon which any money or other 
 thing of value is paid, shall be regarded as used for profit. 
 
 Art. 86. From any person or persons who shall sell pools 
 on horse races or other contests. Two and one-half dollars 
 for each and every da}^ they may so sell said pools. 
 
 Art. 87. From every nine or ten pin alley or any other 
 alley used for profit, or whatever name called, constructed or 
 operated upon the principle of a bowling alley, and upon 
 which balls, rings or other devices are used as substitutes 
 thereof, arc rolled, without regard to the number of pins used, 
 or whether pins are used or not, or whether the balls, rings or 
 other devices are rolled by hand or with a cue or any other 
 device, Ffty dollars. Any such alley used in connection with 
 any drinking saloon, or any drug store, or with any drug 
 store where intoxicating liquors are sold, or given away, or 
 upon which money or anything of value is paid, shall be re- 
 garded as used for profit. 
 
 Art. 88. From all persons keeping or using for profit any 
 hobby horse, flying jenny, or device of that character, with or 
 without name, Seven and one-half dollars for each place where 
 the same are kept or used. 
 
 Art. 89. From every foot peddler Two dollars and fifty 
 cents ; from every peddler with one horse or one pair of oxen, 
 
 94
 
 CITY OF GALVESTON. ART. 90-92. 
 
 the sum of Three dollars and seventy-five cents ; from every 
 peddler with two horses or two pair of oxen, Five dollars ; from 
 every peddler with sail or other boat in Galveston Bay within 
 the city limits. Five dollars ; provided, that nothing herein 
 contained shall be so construed as to include traveling ven- 
 dors of literature, or traveling vendors of poultry, vegetables, 
 fruits or other countrv produce exclusively, and fruit trees 
 exclusively. 
 
 Art. 90. From every theatre or dramatic representation 
 for which pay for admission is demanded or received, Two and 
 one-half dollars per day for every day they may perform ; 
 provided, that theatrical or dramatic representations given 
 by performers for instruction only, or entirely for charitable 
 purposes, shall not be herein included ; and provided further, 
 that this tax shall not be collected where the performances 
 are exhibited in regularly recognized opera houses or theatres, 
 but in lieu of said tax the managers of said opera houses or 
 theatres shall pay an annual occupation tax of Twelve and 
 one-half dollars. 
 
 Art. 91. From every circus wherein equestrian or acro- 
 batic feats and performances are exhibited, for which pay for 
 admission is demanded or received, for each performance or 
 exhibition where an admission fee of one dollar is charged, 
 One hundred and twenty-five dollars ; for each performance 
 or exhibition where an admission fee of seventy-five cents is 
 charged. One hundred dollars ; for each performance where 
 fifty cents or less is charged. Fifty dollars ; provided, that the 
 amount of fee charged for reserved seats shall be considered 
 as a part of such admission fee ; provided, that where there is 
 a combination of circus and menagerie, or circus and other 
 exhibitions, the highest tax fixed by this act for any division 
 or department of the combination shall be collected; provided 
 further, that every show or exhibition which advertises itself 
 as a circus or menagerie, or combination of circus and mena- 
 gerie, shall be held and construed to be a circus or a mena- 
 gerie, or a circus and menagerie, whether it be such or not. 
 
 Art. 92. From every menagerie, wax work museum, side 
 show or exhibition, whether connected with a circus or not, 
 where a separate fee is demanded or received. Five dollars for 
 
 95
 
 AkT. 93-100. REVISED ORDINANCES OF THE 
 
 every performance or exhibition in which fees for admission 
 are received. 
 
 Art. 93. From every exhibition where acrobatic feats are 
 performed and an admission fee charged for .profit, not con- 
 nected with the circus or theatre, Five dollars for each per- 
 formance. 
 
 Art. 94. From every sleight of hand performance or exhi- 
 bition of legerdemain not connected with a theatre or circus, 
 Twelve and one-half dollars. 
 
 Art. 95. From every person bringing ofif a fight between 
 dogs and bulls, or between bears and dogs, or between bulls 
 and any other animal, or betweer dogs and dogs, Two hun- 
 dred and fifty dollars for each performance. 
 
 Art. 96. From every cock-pit, when kept for profit or upon 
 which any money or anything of value is bet or paid. Twenty- 
 five dollars. 
 
 Art. 97. From every menagerie, wax work exhibition of 
 any kind, where a separate fee for admission is demanded or 
 received, Five dollars for every day on which fees for such 
 admission are received; provided, that exhibitions by associa- 
 tions organized for promotion of art, science, charity or be- 
 nevolence, shall be exempt from taxation ; and provided fur- 
 ther, that no persons who form a museum composed entirely 
 of the products of Texas shall have a right to exhibit the same 
 for a fee without paying any occupation tax. 
 
 Art. 98. From every concert where a fee for admission is 
 demanded or received. One dollar ; provided, that entertain- 
 ments when given by the citizens for charitable purposes, or 
 for the support or aid of literary or cemetery associations, 
 are exempt. 
 
 Art. 99. From every livery or feed stable, fifteen cents for 
 each stall and fifteen cents for each hack, buggy or other ve- 
 hicle ; and from every hack, buggy, dray, wagon or other 
 vehicle let for hire, not connected with a livery, feed and sale 
 stable. One dollar; from every wagon yard used for profit, 
 Two and one-half dollars. 
 
 Art. 100. From each and every person acting as general 
 adjuster of losses, or agent of fire, life, marine and accident 
 msurance companies, who may transact any business as such 
 
 96
 
 CITY OF GALVESTON. ART. 101-104. 
 
 in this City, an annual occupation tax of Twenty-five dollars. 
 By "general agent," as used in this law, is meant any person 
 or firm, representative of any insurance company in this City, 
 or who may exercise a general supervision over the business 
 of such insurance company in this city, or over the local 
 agency thereof in this City; provided, that when such a gen- 
 eral agent acts as a local agent, he shall pay an additional tax 
 as a local agent as hereinafter provided. 
 
 Art. 101. From each and every person or firm acting as 
 local agent or agents of life, fire, marine and accident insur- 
 ance companies, who may transact any business as such in 
 this City, an annual occupation tax of Two and one-half dol- 
 lars. By "local agent," as used in this law, is meant any per- 
 son or firm who may solicit, contract for or receive premiums 
 for insurance in this City for any insurance company or com- 
 panies, or who may deliver contracts or policies of insurance, 
 including railway agents and employes who may solicit or re- 
 ceive premiums for accident insurance in this City. 
 
 Art. 102. From each and every person or firm acting as 
 local agent or agents of industrial life insurance companies, 
 who may transact any business as such in this City, an annual 
 tax of One dollar. By "industrial life insurance," as used in 
 this law, is meant insurance adapted to the wants and necessi- 
 ties of the wage earners, in that the policies are small and the 
 premium collected weekly at the homes of the insured, the 
 maximum policy of insurance written on any one person being 
 one thousand dollars. 
 
 Art. 103. From every person, firm, corporation or asso- 
 ciation of persons following the occupation of cotton broker, 
 Eighteen dollars ; and every person canvassing for the sale of 
 lightning rods, an annual tax of Fifty dollars. 
 
 Art. 104. From every person, firm, corporation or asso- 
 tiation of persons following the occupation of cotton broker, 
 cotton factor or commission merchant, an annual tax of Sev- 
 enteen and one-half dollars ; provided, that a merchant who 
 pays an occupation tax under this law shall not be considered 
 as a cotton broker. A "commission merchant," in the mean- 
 ing of this section, is every person, firm, corporation or asso- 
 ciation of persons, receiving country produce, horses, cattle. 
 
 97
 
 Art. 105-114. kevised ordinances of the 
 
 sheep, hogs, grain, corn, hay, lumber, shingles, wood, coal, 
 goods, wares and merchandise, or anything else for sale, to 
 be accounted for to the owner when sold, and charging a com- 
 mission therefor. 
 
 Art. 105. From every pawnbroker, an annual tax of Sev- 
 enty-five dollars. 
 
 Art. lOG. h>om every cotton buyer or buyers of wool or 
 hides. Five dollars; provided, that a merchant who pays an 
 occupation tax, as herein prescribed, shall not be considered 
 a cotton buyer or buyer of wool or hides. 
 
 Art. 107. From every person, firm, corporation, agency or 
 association of persons dealing in sewing machines, an annual 
 tax of Seven and one-half dollars; provided, that a merchant 
 Avho pays an occupation tax, as required under this section, 
 shall not be required to pay this special tax to sell sewing 
 machines when sold in his place of business. 
 
 Art. 108. From every person or firm who peddles out 
 clocks, cooking stoves or ranges, wagons, buggies, carriages, 
 surreys and other similar vehicle, washing machines and 
 churns, an annual tax of One hundred and twenty-five dollars; 
 provided, that a merchant who pays an occupation tax, as 
 required under this article, shall not be required to pay this 
 special tax for selling the articles named in this paragraph 
 when sold in his place of business. 
 
 Art. 109. From each gas company manufacturing gas in 
 this City, an annual tax of Seventeen and one-half dollars. 
 
 Art. 110. From each electric light company operating an 
 electric light plant in this City, an annual tax of Seventeen and 
 one-half dollars. 
 
 Art. 111. I^Vom each and every owner or keeper of any 
 skating rink used for profit. Twelve and one-half dollars. 
 
 Art. 112. From every manager of a base ball park in this 
 City, where an admission fee is charged. Twelve and one-half 
 dollars. 
 
 Art. 113. From each owner or keeper of every steam 
 laundry. Five dollars. 
 
 Art. 114. From each person or corporation, who are 
 wholesale dealers, sellmg imported or home made ice to the 
 
 98
 
 CITY OF (}^ALVESTON. ART. 115-121. 
 
 trade to be sold again, in this City, an annual tax of Twenty- 
 five dollars. 
 
 Art. llo. From every owner or manager of every race 
 track, one mile or more in length, used for profit, Fifty dollars; 
 from each owner or manager of every race track, one-half mile 
 or less in length. Twenty-five dollars per annum; provided, 
 that this shall not apply to race tracks owned by private indi- 
 viduals and used only for training purposes, or in connection 
 with agricultural affairs and expositions. 
 
 Art. 116. From every street car company in this City, 
 One dollar per mile on each mile of track owned by said com- 
 pany or corporation. 
 
 Art. 117. From each owner or manager of every grain 
 elevator, doing business for fees or toll, with a capacity of 
 one hundred thousand bushels, Twenty-five dollars; on each 
 owner or manager of every elevator with a capacity of fifty 
 thousand bushels and not over one hundred thousand bushels. 
 Twelve and one-half dollars. 
 
 Art. 118. h'rom each owner or manager of every phono- 
 graphic, electric battery, graphophone or other like machines 
 or instruments, where a fee is charged, an annual tax of 
 Twelve and one-half dollars ; provided, that when an electric 
 battery is used by a regularly authorized physician on a pa- 
 tient no tax shall be charged. 
 
 Art. 119. From each owner or keeper of every kineto- 
 scope, cinetograph or similar machine or instrument, used 
 for profit, which shows the life like motions of persons or 
 animals, an annual occupation tax of Twelve and one-half 
 dollars. 
 
 Art. 120. From each owner, manager or keeper of every 
 panorama or view show, used for profit, exhibiting in a wagon, 
 room, tent or elsewhere, an annual occupation tax of Five dol- 
 lars per annum. A panorama or view show, in the meaning of 
 this act, is a show exhibiting pictures, statuary or other works 
 of art which are viewed through stereoscopic or magnifying 
 lenses. 
 
 Art. 121. From every person, firm or association who are 
 wholesale dealers in cotton seed oil, or any of the products of 
 cotton seed, selling such to the trade, a tax of Twelve and one- 
 
 99
 
 Art. 122-125. revised ordinances of the 
 
 half dollars ; provided, that this tax shall not apply to a mer- 
 chant who sells other goods and merchandise and pays an an- 
 nual occupation tax therefor. 
 
 Art. 132. From each owner, manager or keeper of every 
 show or company of persons giving exhibitions of music, 
 songs, recitations, sleight of hand, gymnastic, dancing or other 
 kinds of performances in a tent, house or elsewhere, which 
 said exhibitions are used for profit by sale of medicines, elec- 
 tric belts or other articles of value, whether charge is made 
 only for seats or not, an annual occupation tax of Twenty-five 
 dollars ; provided, this tax shall not be assessed when these 
 performances are given inside the grounds of any State or 
 County fair during the time that said State or County fair is 
 giving its annual exhibition. 
 
 Art. 123. From every person, firm or association of per- 
 sons selling on commission in this City, Twenty-five dollars; 
 this article is intended to cover every person, firm or associa- 
 tion of persons selling on samples only, and who do not carry 
 any stock of merchandise or anything else on hand ; provided, 
 that this tax shall not apply to commercial travelers or sales- 
 men making sales or soliciting trade from merchants. 
 
 Art. 12-lr. From all dealers in cigarettes in this City, the 
 sum of Five dollars per annum ; a cigarette being, within the 
 meaning of this act, the same as defined by the laws of the 
 United States government; provided, that this tax shall be in 
 addition to the occupation tax levied on merchants, and any 
 other tax levied under the law ; and provided further, that each 
 dealer shall be required to procure an annual license from the 
 City Collector of the City of Galveston, which shall be granted 
 for no longer or shorter period than one year; and provided 
 further, that the license shall describe the houses and locality 
 where the dealer proposes to sell cigarettes. 
 
 Art. 125. That all licenses issued for the pursuit of the 
 occupations herein taxed shall be for the municipal year be- 
 ginning January 1 and ending December 31; provided, that 
 any such licenses may be obtained at any time for the unex- 
 pired portion of the year upon the payment of the proper pro- 
 portions of the prescribed tax ; provided further, that quar- 
 terly licenses may be issued in any case where the annual tax 
 
 100
 
 CITY OF GALVESTON. ART. 126-129, 
 
 amounts to ten dollars or more ; and provided further, that the 
 receipt of the proper officer shall be prima facie evidence of 
 the payment of such taxes as herein named ; and provided 
 further, that no person, firm or association of persons, who 
 shall begin the conduct of any business herein taxed, after the 
 levy hereof, shall be exempt from the operations thereof. 
 
 Art. 126. No license shall be transferred except upon pre- 
 sentation of said license to the Collector of Taxes, who shall 
 endorse thereon the date of presentation, the name of trans- 
 ferree, and the place of business. 
 
 Art. 126a. It shall be the duty of any person, firm or cor- 
 poration subject to an occupation tax or license in said City, 
 on desiring to open, undertake or carry on any business, pro- 
 fession, trade or avocation, upon which an occupation or li- 
 cense tax is imposed, before opening, undertaking or carrying 
 on any such business, profession, trade or avocation, to call 
 upon the Assessor for assessment thereof, and to pay to the 
 Collector of the City the amount of such license or occupa- 
 tion tax; and it shall be the duty of the collector to receive 
 the said tax and to issue to such person, firm or corporation 
 a receipt or license, describing the street or number of the 
 place of business, calling, trade or profession. 
 
 Art. 127. Any person, either as principal or agent, who 
 shall pursue any business or occupation taxed by the provisions 
 of this ordinance, without first having paid the tax and ob- 
 tained a license therefor from the Collector, shall be fined in 
 the sum of Ten dollars for each day such violat/rn of this 
 co'dinance may continue. 
 
 Art. 128. It shall be the duty of every person, firm or 
 member of a firm or corporation, doing business within this 
 City, to have hung up or posted in their office or place of bus- 
 iness, in a conspicuous place, the certificate of the Collector, 
 or license, as hereinbefore provided. Any person who shall 
 fail to comply with the provisions of this section, shall be fined 
 in any sum not exceeding Ten dollars. 
 
 Art. 129. Any person arrested or prosecuted for the non- 
 payment of the occupation taxes, under the provisions of this 
 ordinance, may have said prosecution dismissed upon the pay- 
 ment of the tax due, together with the costs that may have 
 accrued in such proceedings in the Recorder's Court. 
 
 101
 
 Art. 1;5U-132. revised OliDINANCES OF THE 
 
 CHAPTER THREE. 
 
 ITINERANT VENDORS. 
 
 Art. 130. That hereafter, m the City of Galveston, no itm- 
 crant or transient vendor of clothing or wearing apparel, or 
 goods intended for the make of any personal garment, or arti- 
 cle of bedding, or goods of any description whatsoever, shall 
 advertise, represent or hold forth any sale as an insurance, 
 l)ankrupt, insolvent, assignee, trustee, testator, administra- 
 tor, syndicate, wholesale manufacturer or closing out sale of 
 any goods damaged by boat or railway or other wreck, or by 
 smoke, fire, water or otherwise, or in anj sijnilar form, unless 
 he shall before doing so pay the license required in this ordi- 
 nance, and shall under oath in writing to the Assessor and 
 Collector, in his application for license to conduct such sales in 
 said City, all of the facts relating to the character and reason 
 of such sales, and the names of the person or persons from 
 whom such goods were obtained and the place from whence 
 said goods were last taken, and all the details necessary to 
 exactly locate and identify the same as being actually as ad- 
 vertised, represented or held forth, and in order that the 
 health ofificer may ascertain whether any of such goods be 
 from any place afifected by any infectious or contagious dis- 
 ease, and their sale dangerous to the public health. 
 
 Art. 131. Every person who, f(ir himself, herself, or an- 
 other shall undertake to carry on or conduct any such sale, 
 or dispose of goods advertised and represented to be the char- 
 acter and kind of goods mentioned in the preceding section, 
 without having first made the written statement therein re- 
 quired, and secured the license required, shall be punished for 
 every day so offending by a fine not exceeding one hundred 
 dollars nor less than fifty dollars, and shall stand committed 
 as in other misdemeanors, until such fine and costs of court 
 are paid. 
 
 Art. 132. That any person for himself or another, who 
 shall falsely represent, hold forth and advertise for sale, goods 
 of the kind mentioned in this ordinance, or who shall sell any 
 goods of any other kind whatsoever that are not as actually rep- 
 resented by him or her, or his or her agent, in the written appli- 
 
 102
 
 CITY OF GALVESTON. AET. 133-13G, 
 
 cation for license to the city assessor, shall be guilty of a 
 penal offense, and for each article of goods so falsel}- adver- 
 tised, represented and held forth and sold, shall, on conviction 
 thereof, pay a fine of not more than fifty ($50) and not less 
 than ten dollars ($10), and the costs of prosecution. 
 
 Art. 133. Be it further ordained, that the city assessor and 
 collector, before issuing a license herein, shall first refer said 
 written statement of the application for license to the city 
 health officer, and if the city health officer shall be satisfied 
 that none of the goods described by applicant came from any 
 locality aft'ected with a contagious or infectious disease then 
 he shall so report, and the assessor, on the payment of the tax 
 required for such occupation, shall issue a license to such 
 vendor to carry on and conduct such sales. 
 
 Art. 134. Be it further ordained, that the tax on such 
 transient or itinerant person, engaged in such sales, shall be 
 fifty dollars ($50) for any month, or part of a month, of such 
 sales, and no license shall be issued for a less sum than fifty 
 dollars ($50), and the license shall not be transferable, and for 
 every day such sales shall be conducted without the payment 
 of the tax required, on conviction thereof, he shall i)ay a fine 
 of one hundred dollars ($100). 
 
 Art. 135. Be it further ordained, that if at any time any 
 such dealer shall, knowingly or careless!}", expose for sale, or 
 bring to the city for sale, any article of goods from any locality 
 affected by any infectious or contagious disease he shall for- 
 feit his license, and be subject to a fine of not less than one 
 hundred dollars ($100) nor more than two hundred dollars 
 ($200). 
 
 Art. l.')(i. The provisions of this ordinance shall not apply 
 to sales made to dealers by commercial travelers or selling 
 agents in the usual course of business, nor to bona fide sales 
 of goods, wares and merchandise by samples for future deliv- 
 ery, to street hawkers or peddlers, or to sheriff's, constables 
 or other public officers, or to bona fide assignees or auction- 
 eers, or trustees or receivers, regularly appointed, selling 
 goods and merchandise in said city, nor to bona fide mer- 
 chants, having license as such, and who are not itinerant or 
 transient ^'endors solely and exclusively advertising goods 
 9- 103
 
 Art. 137-140. revised oedixakces of the 
 
 damaged by wrecks, or fire or water, or in other manner as set 
 • out in section one of this ordinance. 
 
 CHAPTER FOUR. 
 
 MANUSCRIPT BONDS. 
 
 Art. 137. That the commissioner of finance and revenue 
 be, and he is hereby authorized, empowered and instructed, 
 to have prepared manuscript bonds, to be issued in the name 
 of the City of Galveston, and to be signed by the President and 
 countersigned by the City Secretary, and the City Auditor, 
 with the seal of the City affixed thereon, said bonds to be 
 executed and delivered in lieu of and to take up all the bonds 
 now at the credit of all the sinking funds of the said City of 
 Galveston. That the City Auditor be and he is hereby in- 
 structed to prepare such manuscript bonds in such amounts 
 as may be necessary for each separate sinking fund, the form 
 to be approved by the City Attorney. Said manuscript bonds 
 shall recite that they are issued in lieu of the bonds in said 
 funds, giving the numbers and the series to which each of the 
 same may belong, and shall bear the same rate of interest as 
 the bonds for which they are substituted. 
 
 Art. 138. Said manuscript bonds shall, when executed, be 
 delivered to the City Treasurer of said City, to be substituted 
 for said original coupon bonds of the City of Galveston now 
 held by said Treasurer in trust for the sinking funds to which 
 they may belong, and it is hereby made the duty of the City 
 Treasurer, and to that end he is hereby authorized, empow- 
 ered and directed, to collect the semi-annual interest of each 
 of such manuscript bonds as the same may become due and 
 payable, and to place the same to the credit of the sinking 
 - funds of the respective issues of bonds in which such manu- 
 script bond or bonds shall have been substituted. 
 
 Art. 139. All manuscript bonds issued under the provis- 
 ions of this Ordinance shall also have stamped or written 
 across the face thereof that they are non-negotiable and be- 
 long to such sinking funds. 
 
 Art. 140. Whenever one or more manuscript bonds shall 
 be issued under the provisions of this ordinance and delivered 
 
 104
 
 CITY OF GALVESTON. AUT. 141-142. 
 
 to the City Treasurer, it shall be, and is hereby made the duty 
 of the Commissioner of Finance and Revenue, acting together 
 with the Aviditor and the City Treasurer, at a time and place 
 to be designated by the Commissioner of Finance and Reve- 
 nue, to burn and destroy the original bonds in the respective 
 sinking funds for which such manuscript bond or bonds shall 
 have been issued and substituted, and whenever and as often 
 as any such bonds are destroyed by burning, the same shall 
 be done in the presence of and with the consent of all the 
 officers aforesaid, and a full report thereof shall be made to 
 the next meeting of the board for its approval. 
 
 Art. 141. That when all of the bonds now held in trust 
 in said sinking funds of this City shall have been taken up and 
 manuscript bonds issued and delivered in lieu thereof, it shall 
 thereafter, whenever b}^ the accumulation of bonds in any 
 one of said sinking funds the same shall amount to or exceed 
 the sum of twenty-five thousand dollars ($25,000), be the 
 duty of the Commissioner of Finance and Revenue to pro- 
 ceed, as directed by this ordinance, to have executed and deliv- 
 ered a manuscript bond to take up the additional accumulation 
 of bonds in such sinkinof fund. 
 
 TITLE IV, 
 
 CHAPTER ONE. 
 
 HARBOR MASTER, PORT RULES AND REGULATIONS. 
 
 Art. 142, Xo vessel or steamer coming into the harbor of 
 Galveston shall be allowed to lay in the stream, in front of the 
 wharves, north, for a longer time than twenty-four hours pre- 
 paratory to haviling into a berth at the wharves; and that no 
 vessel preparing to go to sea shall be allowed to lay in the 
 stream in front of the wharves, for a longer time than twenty- 
 four hours after leaving her berth at the wharf. 
 
 105
 
 Art. 143-150. revised ordinances of the 
 
 Art. 143. All vessels lying in the stream shall keep their 
 small boats hauled up alongside, or hoisted up to the davits, 
 and during- the night shall show a proper light. 
 
 Art. 144. All vessels hauling into the wharves shall have 
 their yards topped, anchor flukes taken inboard or stoppered 
 at the hause pipes, cables bent and clear with ten fathoms range 
 of chain overhauled, jib and flying jib-booms rigged in, stern 
 and quarter davits and bumpkins turned in or unshipped, and 
 that all vessels of seventy-five tons and upwards, on arriving 
 in the stream at the port of ("jalveston, shall, before hauling 
 into berth, and within twenty-four hours after such arrival, 
 report at the harbor master's office and book for berth. 
 
 Art. 145. No vessel propelled by steam within the harbor 
 of Galveston shall pass within one hundred feet of any wharf 
 at a greater speed than at the rate of five miles an hour. The 
 master, pilot and engineer of any vessels violating the ])ro- 
 visions of this act shall severally be punished by a fine not 
 exceeding one hundred dollars. 
 
 Art. 14(). No steamship or any other vessel shall be al- 
 lowed, while anchored in the stream in front of the wharves, 
 between lines running north from the shore at the foot of 
 Forty-first street across the channel in the west, and from the 
 foot of Ninth street in the east, to receive or deliver ballast 
 or any cargo of any description, excei)t as may be hereafter 
 provided. 
 
 Art. 147. All vessels, steamers and barges shall keep a 
 good and proper ship-keeper at all times on board. 
 
 Art. 148. Any master or agent of any vessel or vessels 
 violating any of either of the preceding articles of this chapter, 
 shall, for each and every ofifense, on due conviction thereof, 
 be fined in the sum of not less than ten dollars nor more than 
 one hundred dollars. 
 
 Art. 141). It is made the special duty of the harl)or master 
 to carry out the foregoing rules and regulations. 
 
 Art. 1.50. No person shall bring into the harbor of the 
 city of Galveston, nor shall leave there, the wreck of any ship 
 or vessel, whereby such portion of the harbor may be occupied, 
 and the entrance or departure of any craft hereby be incom- 
 moded, under the penalty of twenty-five dollars for everv 
 
 106
 
 CITY OF GALVESTOX. AET. 151-152. 
 
 such oliensc, and the further i)eualt}' of ten dollars for every 
 day, or part of said day, the wreck of said vessel or ship may 
 continue there, after being duly notified of the same by the 
 harbor master of the city of Galveston. 
 
 Art. 151. Xo person shall cast or deposit, or svilTer to be 
 cast or deposited, in the harbor of said city, any stone, gravel, 
 earth, ashes or other like substances, or any filth, logs or like 
 iloating things, or create any obstruction therein, under a 
 penalty of a fine of not more than twenty-five nor less than 
 ten dollars for each and every offense. 
 
 Art. 15"2. Said harbor master shall have power to regulate 
 and station all ships or other vessels in the harbor, within the 
 port and corporate limits of the city of Galveston, and at the 
 wharves thereof, or moored or anchored near thereto and in 
 such proximity to other shipping as to aft'ect the same in case 
 of fires, or in the loading and unloading of their cargoes or 
 ballast, and also to remove from time to time any and all such 
 ships or other vessels from one place to another, whenever 
 he shall deem it necessary to afford a more general accom- 
 modation to the shipping in the harbor within said corporate 
 limits ; and if an}' master or other person having charge of said 
 ship or other vessels, within said harbor and corporate limits, 
 and any master or other person having charge of said ship 
 or other vessel within said harbor and cor],>oiate limits 
 shall refuse or neglect to remove or regulate the same, after 
 having been notified to do so by said harbor master, then said 
 harbor master shall have the power and authority to go 
 aboard said ship or vessel, with such assistance as he may 
 think necessary, and remove or otherwise regulate the same 
 to such point or in such manner as he mzy i;hlnk just 
 and proper for the better accommodation of other shipping in 
 said port; and, moreover, said master or other person in 
 charge of said ship or vessel, who shall refuse to obey the 
 directions of said harbor master, shall, for each and everv 
 refusal, on due conviction thereof before the recorder, be fined 
 in a sum not less than ten nor more than fifty dollars, and said 
 master or other person shall, moreover, be liable for all ex- 
 penses incurred b}' said harbor master in his removal of said 
 ships or other vessels as is hereinbefore provided, which 
 
 107
 
 Art. 153-155. revised ordinances of the 
 
 amount may be sued for and recovered for the use of the city 
 beforc any court of competent jurisdiction. And any other 
 person, affecting or claiming to control any such ship or other 
 vessel, shall be subject to the same fine for refusing and neg- 
 lecting to obey the directions of the harbor master as afore- 
 said. 
 
 Art. 153. It shall be the duty of said harbor master to 
 superintend and enforce the execution of all by-laws and ordi- 
 nances regulating the clearing of the docks, and prevent and 
 remove all nuisances about them; and if the person or per- 
 sons whose duty it shall be to remove such nuisance shall 
 refuse or neglect to remove the same within twenty-four hours 
 after having been notified to do so by the harbor master, such 
 person or persons so refusing or neglecting shall forfeit and 
 pay a fine of not less than five nor more than fifty dollars, and 
 shall be liable besides for all expenses incurred in the removal 
 thereof, to be sued for and recovered for the use of the city 
 before the president or any court of competent jurisdiction. 
 
 Art. 154. No vessel shall be allowed to moor within a 
 cable length of any wharf, and no vessel whatever between the 
 wharves of said city and outer bar shall throw overboard any 
 stone or other ballast below high water mark, and all ballast 
 shall be landed fairly on the shore, and at the time of 
 landing or discharging care must be taken not to drop any 
 part thereof overboard, nor shall any ballast be unloaded at 
 night; that no pitch, tar or other combustibles shall be heated 
 on board of any vessel, but such heating must be done on 
 stages or boats, removable in case of accident. 
 
 Art. 155. It shall be unlawful for any steam car or other 
 vehicle used for the conveyance of freight, containing more 
 than one-half ton of gun or other explosive powder, to be 
 brought into or unloaded in the city east of Twenty-ninth 
 street; and it shall be unlawful for any such car or vehicle to 
 receive or be loaded with more than one-half ton of such pow- 
 der in said city east of said Twenty-ninth street ; and it shall be 
 further unlawful for any vessel or steamer, loaded with or con- 
 taining such gun or other explosive powder to land at any 
 wharf of said city until the same is discharged. Upon the ar- 
 rival of any vessel or steamer having on board such powder, it 
 
 108
 
 CITY OF GALVESTON. AUT. 156. 
 
 shall be the duty of the master of the same to hoist a red flajj in 
 the rigging and keep said flag hoisted during the time of dis- 
 charging the same, and said vessel or steamer shall be an- 
 chored in the stream west of Twenty-ninth street, until such 
 powder she may have on board has been discharged under the 
 following regulations, viz : 
 
 1st. Any vessel or steamer containing gun or other ex- 
 plosive powder shall discharge the same upon the dock west 
 of Twenty-ninth street, by small boats or lighters, and 
 that it shall be the duty of the consignee to remove the same 
 as fast as it may be landed ; that vessels containing or having 
 on board less than one-half ton of such powder shall be ex- 
 empt from the provisions hereof. 
 
 3d. That said boats or lighters shall bring ashore not more 
 than one ton of such powder at one time, and upon the removal 
 of said ton from the dock or wharf by the consignee, said 
 baat or lighter may bring another load, and so continue until 
 the entire cargo is discharged, and under no circumstances or 
 conditions shall any vessel land or make fast to the said docks 
 or wharves until the foregoing provisions have been complied 
 with ; and it shall further be unlawful for any person or per- 
 sons to receive on board, or cause to be received or loaded, 
 any such gun or other explosive powder in a larger quantity 
 than one-half of a ton upon or into any vessel or steamer lying 
 in Galveston bay, at, in front of or north of any of the wharves 
 in said city ; provided, however, that west of Thirty-third 
 street such powder may be received and loaded upon any ves- 
 sel or steamer bv small boats and lighters, and in such quanti- 
 ties and in the same manner as is herein provided for unload- 
 ing and discharging same. But under no condition shall any 
 vessel or steamer receive or be loaded with such powder of the 
 quantity aforesaid at any of the wharves of said city. 
 
 3rd. Any breach of the two preceding articles shall and 
 does hereby subject the master of any ship, vessel or other 
 craft or any person whatsoever so offending, to a fine ot not 
 less than twenty, nor more than one hundred dollars, for 
 each offense or breach aforesaid. 
 
 Art. 156. It shall be the duty of every and all consignees, 
 or shippers, or the agent or agents thereof, to remove from 
 
 109
 
 Art. 157-160. eevisicd ordinances of the 
 
 the wharves and levees of the city of Galveston, all goods,' 
 wares and merchandise, and property of every character 
 whatever, and shipped to or by them, within twenty-four 
 hours after notice or knowledge that the same has been landed 
 or placed upon said wharves and levees. Any person or per- 
 sons violating this article shall, after due conviction thereof, 
 be fined in a sum of not less than twenty-five nor more than 
 one hundred dollars. That it shall be the duty of the harbor 
 master of said city to see that the provisions of this article 
 are strictl}^ complied with, and he shall have all persons vio- 
 lating the same arrested and brought before the recorder of 
 said city for trial. 
 
 CHAPTER TWO. 
 
 PORT WARDENS. 
 
 Art. 157. There shall be appointed three port wardens, 
 who shall hold their offices for two years, and until their suc- 
 cessors shall have qualified. 
 
 Art. 158. It shall be the duty of the port wardens of this 
 port to attend promptly to all cases of surveys of vessels in 
 distress, wrecked, or partially wrecked ; to surve_\- liatches, 
 storage, vessels, partially or wholly wrecked, and. for the se- 
 curity of the parties concerned, to make return to the office 
 of the port wardens of all such surveys, estimates of damage, 
 estimates of the cost of repairs, and of all matters pertinent 
 to the subject, needful to protect the rights of all parties in 
 interest, that a record of the same may be made. 
 
 Art. 159. To discountenance the practice of many ship- 
 masters of breaking bulk after the arrival at this port from for- 
 eign port without calling a port warden's survey of hatches, it 
 shall be the duty of port w^ardens to refuse to survey the 
 storage of goods found damaged on the voyage of importation 
 on board of any such ship or vessel which shall have broken 
 bulk without having previously called a port warden for a 
 survey of hatches. 
 
 Art. 160. l^^or the services of port wardens, the following 
 sums may be charged and collected to their use, and which 
 shall be divided equally between them, to-wit: For a hatch 
 
 110
 
 OITY OF GALYESTOX. AKT. 161-164. 
 
 survey, including storage survey on goods at the same visit, 
 live dollars ; for storage survey on goods for each visit, when 
 called upoii by the master or agent of a vessel, two dollars ; 
 for a ship survey, over all above water, ten dollars; for a hull 
 survey, after heaving out. ten dollars ; for estimate of damage 
 and the cost of repairs, and for original copies in duplicate 
 thereof, notarial fees for writing instruments, to-wit : twenty- 
 five cents for every hundred words ; for every second copy of 
 papers, fifty cents for every page of writing certified. 
 
 Art. 16L In all cases of ship or hull surveys, and of sur- 
 veys of goods exceeding five packages, at least two of the 
 port wardens shall give their personal attendance; and upon 
 all surveys out of the limits of the city of Galveston, the ex- 
 penses of travel, in going to and returning from the place, 
 actually paid, may be charged for. 
 
 Art. 1G"2. For all abuses of power and authority, and for 
 all misconduct in the discharge of the duties of the office, the 
 said port wardens, or either of them, upon complaint made, 
 shaH be liable to he punislicij by reiuovcd from office. 
 
 CHAPTER THREE. 
 
 WHARVES. 
 
 Art. 1 (');>. It shall not be lawful for any dray. cart, wagon 
 or coach, or anv other A'ehicle for transportation of persons, 
 produce, merchandise, eft'ects. or any other objects whatever, 
 or au}^ person on horseback, to drive or ride on any of the 
 wharves of this city faster than a walk ; and any person so 
 offending shall pay a fine of not less than three nor more than 
 ten dollars. 
 
 Art. KU. It shall not be lawful for any person or company 
 to extend, or cause to be extended, an}- wharf leading to the 
 channel in frc:)nt of the city, beyond a depth of Avater twelve 
 feet at ordinary low tide, under a penalty of tMie hundred dol- 
 lars for every day such obstruction shall remain, to be re- 
 covered as in cases of other fines, and a like penalty shall be 
 imposed for the extending of any wdiarf now erected, or that 
 hereafter may be erected, a greater distance into the channel, 
 when, from any cause, the water at the end thereof shall be 
 
 111
 
 Art. 165-167. revised ordinances of the 
 
 « 
 reduced to a less depth than twelve feet, but in such case it 
 shall be the duty of the owner or owners of such wharf to 
 cause the water in front of the same to be deepened by re- 
 moving the deposits from the bottom. 
 
 Art. 165. It shall be unlawful for any master of a vessel, 
 stevedore, or other person handling freight on the wharves 
 of the city, or unloading freight from vessels onto the wharves 
 in the city, to pile freight on the said wharves in greater 
 quantities than is permitted by the following rules, to-wit : 
 
 Salt in sacks is allowed four tiers high. 
 
 Railroad iron, heavy, is allowed two tiers high. 
 
 Railroad iron, light, is allowed three tiers high. 
 
 Brick on flat is allowed eight tiers high. 
 
 Brick on edge is allowed six tiers high. 
 
 Tin plate in boxes is. allowed two tiers high. 
 
 Vessels will be held responsible for damages caused by a 
 violation of these rules. 
 
 Any person who shall violate the provisions of this chapter 
 shall, on conviction, be fined fifty dollars, and it shall be the 
 duty of the harbor master to enforce this ordinance. 
 
 Art. 16G. All persons loitering about or entering any grain 
 cars or other cars, on the wharf tracks or railway tracks north 
 of Avenue A in the city of Galveston, for any purpose whatso- 
 ever, unless employed or riulhorized by +he railwa\ companies, 
 elevator company or companies or some other person having 
 authority over the same shall be deemed offenders and guilty 
 of a misdemeanor, and upon conviction shall be fined not less 
 than five and not more than twenty-five dollars. 
 
 Art. 1G7. It shall not be lawful for any person to take, 
 receive or carry away any corn, grain or other produce from 
 any grain car, or other car, loaded or unloaded, standing upon 
 any of the tracks on said wharf frontage north of Avenue A; 
 nor shall it be lawful for any person or persons to sell or dis- 
 pose of, in any manner, any such corn, grain or other pro- 
 produce, in any quantities, so taken or received from such 
 cars. Any person so taking, receiving or carrying away any 
 corn, grain or other produce from said cars, unless by au- 
 thority of the railway companies, elevator companies, or 
 the owners thereof, or other party or parties cliarged with the 
 
 112
 
 CITY OF GALVESTON. AET. 168-170. 
 
 handling or protection of such grain cars, shall be deemed 
 guilty of a violation of this ordinance, and, upon conviction 
 thereof before the recorder, shall be fined in a sum not less 
 than five dollars nor more than twenty-five dollars. 
 
 Art. 168. Any person, firm or corporation, buying, re- 
 ceiving or handling any grain, corn or other produce, from 
 any person or persons, who have acquired the same in the 
 manner prohibited in the preceding article, shall be deemed 
 guilty of a misdemeanor, and, upon conviction thereof before 
 the recorder, shall be fined in a sum not less than twenty- 
 five dollars nor more than fifty dollars ; and the receiving, 
 handling, buying or taking of said grain by any person, firm 
 or corporation, without proof that .the same was purchased 
 from some person or corporation authorized and duly licensed 
 to sell the same in the city of Galveston, shall be taken as 
 prima facie evidence of the violation of this section. 
 
 Art. 169. Where any of the property mentioned in the 
 foregoing articles is obtained in such a manner as to come 
 within the meaning of theft or the receiving of stolen property, 
 or some other ofifense known to the penal laws of this State, 
 or the ordinances of the city, the rules herein prescribed shall 
 not be understood to conflict with or to take any such case 
 out of the operation of the law which defines and punishes 
 such offense. 
 
 TITLE V. 
 
 CHAPTER ONE. 
 
 HEALTH PHYSICIAN. 
 
 Art. 170. It shall not be lawful for any person to establish 
 or keep any hospital or other like place for the reception or 
 accommodation of any sick or diseased persons at any point 
 within the corporate limits of the city of Galveston, between 
 
 113
 
 Art. 171-174. revised ordinances of the 
 
 Xinth street and the western boundary of the city ; and any 
 person who shall violate the provisions of this article shall be 
 punished by a fine not exceeding one hundred dollars for 
 each and every sick or diseased person received or accom- 
 modated at such hospital or other like place. 
 
 Art. 171. It shall be the duty of the health physician, 
 ou the complaint of any citizen, to cause an}^ such sick or 
 diseased person, or persons, to be removed from any such 
 unlawfully established hospital, or other like place, to a hos- 
 pital for city patients. 
 
 Art. 172. That the health physician shall examine all per- 
 sons applying for hospital relief and shall, at his discretion, 
 grant permits to enter the same, or to secure relief there- 
 from as "our patients." 
 
 Art. 17;3. The health physician shall have power to take 
 such measures as he may deem eiTectual to prevent the en- 
 trance of any pestilential, contagious or infectious diseases 
 into the city; to stop, detain and examine for that purpose 
 any person coming from any place infected or believed to 
 be infected with such disease ; to establish and regulate pest- 
 houses, at some place within the city^ or not exceeding five 
 miles be3'ond its bounds ; to cause any person who shall be 
 suspected of being infected with any such disease to be sent 
 to said pest-house ; to remove from the city or destroy any 
 furniture, wearing apparel or property of any kind which shall 
 be suspected of being tainted or infected with pestilence, or 
 which shall be likely to pass into such a state as to generate 
 .or propagate disease. 
 
 Art. 174. That the captain, master or person in charge 
 of any boat, steamboat, steamship or other craft or vessel which 
 shall enter the city, having on board any person sick with ma- 
 lignant fever, or other pestilential, contagious or infectious dis- 
 ease, shall be guilty of a breach of this article, unless the person 
 so diseased became so on the way, and could not be left. 
 It shall be the duty of such captain, master or person in 
 charge, within three hours after his arrival, to report, in 
 writing, to the health physician, the fact of such sick person 
 being on board, and the name, description and location of 
 his craft, and he shall not permit such sick person to land 
 
 114
 
 CITY OF GALVESTON. ART. 175-178. 
 
 or be landed, or to communicate with the shore in any way, 
 until the health physician shall give permission for that pur- 
 pose. 
 
 Art. IT"). That the owmer, driver, conductor or person 
 in charge of any stage, railroad car or public conveyance 
 which shall enter the city having on board any person sick 
 of a malignant fever or pestilential, infectious or contagious 
 disease, unless such person became sick on the way and could 
 not be left, shall be deemed guilt}' of a breach of this ordi- 
 nance. Such owner, driver, conductor or person in charge 
 shall, within three hours after the arrival of such sick person, 
 report, in writing, the facts, with the name of such person, 
 and the house where he was put down in the city, to the 
 health physician. 
 
 Art. 176. That any person who shall bring, or cause to 
 be brought, into the city any person or property of any kind 
 tainted or infected with malignant fever or any pestilential 
 or infectious disease, shall be guilty of a breach of this chapter. 
 
 Art. 177. That the health physician shall have power, by 
 an order in writing for that, purpose, to be served on the 
 master, captain or person in charge of any boat, steamboat, 
 steamship or other ship, vessel or craft, that may be by him 
 suspected to have on board any infected or diseased property 
 or person, to recjuire such boat, steamboat, steamship, ship, 
 vessel or other craft, not to enter within the city limits or 
 harbor, or to remove to some certain distance not less than 
 two miles from the city, and every such master, captain or 
 person in charge, consignee or owner, who shall be served 
 with such order, shall be guilty of a breach of this article, if 
 such boat, steamboat, steamship, vessel or other craft shall 
 enter the harbor or city in violation of such order, or shall 
 not be removed according to the tenor of such order, within 
 reasonable time after the service of such notice. 
 
 Art. 178. That every keeper of any inn, hotel, tavern, 
 boarding or lodging house, in the city, who shall have in his 
 house at any time between the first day of June and the first 
 day of December, any sick guest, traveler, sailor, or other 
 person, shall report the fact and name of the person in writ- 
 ing, within six hours after he came to the house or was taken 
 
 115
 
 Art. 179-180. revised ordinances of the 
 
 sick therein, to the health ph3^sician. Every physician in 
 the city shall report, under his hand, to the officer above 
 named, the name, residence and disease of every patient whom 
 he shall have sick of any malignant fever or infectious or 
 pestilential disease, within six hours after he shall have visited 
 such patient. A violation of either of the provisions of this 
 article, or any part of either of them, shall be deemed to be 
 a breach of this article. 
 
 Art. 179. In order to effect the abatement of nuisances or 
 removal of accumulated filth, the health physician shall have 
 power, whenever in his opinion such nuisance or filth exists, 
 and is, or is likely to become, detrimental to the public health, 
 after officially so declared by him, to notify in writing, 
 through its officers, the owner, agent, lessee, or tenant thereof 
 to abate or remove the same, either by filling up, draining, 
 cleansing, purifying or removing the same, as the case may be. 
 
 Art. 180. If the person who shall have been served with 
 such notice shall fail within the time indicated in the notice 
 to comply with such order of the health physician, or fail 
 to show good cause why he can not or ought not to comply 
 with such order, for which purpose he shall be entitled to be 
 heard before the board of commissioners, if he so requests 
 it, he shall be deemed guilty of a misdemeanor, and on con- 
 viction shall be fined not less than ten dollars nor more than 
 two hundred dollars, with an additional fine of not less than 
 five nor more than fifty dollars imposed for each and every 
 day that the person or persons thus convicted shall, after 
 conviction and due notice thereof, fail or refuse to abate or 
 use due diligence in the work of abating such nuisance ; and 
 if such service can not be made, for the reason that the owner, 
 agent, lessee or tenant of the property upon which the 
 nuisance may exist can not be found in the city, of which fact 
 the return upon such notice of the officer serving the same 
 shall be conclusive evidence, then the board shall cause such 
 notice to be published in the newspaper doing the city print- 
 ing for five consecutive days (Sundays excepted), and if 
 within five days after such service of notice, or after its 
 publication as aforesaid, such nuisance shall not be abated 
 or the order observed, then the board shall order said nuisance 
 
 116
 
 CITY OF GALVESTON. ART. 181. 
 
 to be abated, either by filling up, draining, cleaning, purifying 
 or removing the same, as the case may be, under the super- 
 vision of the city engineer. The board of commissioners, 
 before ordering said nuisance to be abated, shall, for the pur- 
 pose of acquirmg the most reliable information practicable 
 of the probable cost of said work, cause an estimate to be 
 made of said probable cost by the city engineer, and said 
 engineer shall also report a full list of all lots or fraction 
 of a lot, with the number of blocks on which such nuisance 
 is situated, and the names of the owners thereof, and such 
 other information as may be required by the board of com- 
 missioners, and if there be any lot or fractional lot the owner 
 whereof is not known, the same shall be entered on said list 
 as "unknown," and said engineer shall enter in said list 
 opposite each lot or fractional lot the estimated cost of the 
 work to be done on the same ; and when the said work is 
 ordered by the board of commissioners, and shall have been 
 completed, the board of commissioners shall cause an ac- 
 curate report of the cost thereof to be made by said engineer, 
 stating the cost of the work done on each lot or fractional 
 lot, and upon the acceptance and approval of said report and 
 list by the board of commissioners, said amounts shall be 
 imposed, levied and assessed by the city council on said lots 
 or fractional lots respectively, and collected by the collector 
 and shall be a first privileged lien upon the property until 
 paid. Said assessment shall bear interest at the rate of six 
 per cent, per annum from the date of assessment until paid. 
 For any such assessment and interest as aforesaid, the board 
 may cause suit to be instituted and recovery had in the name 
 of the city in any court having jurisdiction, and the report 
 of the engineer of the cost of said work, together with the 
 proceedings of the city council making said levy and as- 
 sessment, or a copy thereof duh^ certified by the secretary, 
 shall be full proof and satisfactory evidence for the recovery 
 of judgment for said assessment and interest. 
 
 Art. 181. The board shall cause all premises to be in- 
 spected, and tlie lot or lots to be filled up to the grade estab- 
 lished by the board; and they shall have authority to regulate 
 the making, filling up, altering or repairing of all sinks and 
 
 117
 
 Art. 182-184. bp^vised ordinances of the 
 
 privies, and directing the mode and material of constructing 
 them in future, and for cleansing and disinfecting the same, 
 and for cleansing and disinfecting any house, building, es- 
 tablishment, lot, yard or ground from filth, carrion, or impure 
 or unwholesome matter of any kind, and no animal or vege- 
 table substance, nor sweepings, nor scrapings, muck or silt, 
 nor dirt gathered in cleaning yards, buildings, wharves or 
 ships, nor waste of mills or factories, nor any materials which 
 are offensive or tend by decay to become putrid or to render 
 the atmosphere impure or unwholesome, shall be deposited 
 or used to fill up or raise the surface or level of any lot, 
 grounds, street, alley, wharf or low place, or any ground filled 
 for the purpose of building thereon, unless pursuant to a 
 special permit from the board of commissioners, or under its 
 authority. 
 
 Art. 182. That the health physician may be authorized by 
 the board of commissioners, when the public interest requires, 
 to exercise, for the time being, such of the powers and per- 
 form such of the duties of chief of police as the board of 
 commissioners may in their discretion direct: shall be author- 
 ized to enter all houses and other ]:)laces, private or public, 
 any boats or other water craft, at all times, in the discharge 
 of his duties tmder this article, having first asked permis- 
 sion of the owners or occupants thereof. 
 
 Art. 183. That the health physician shall have the power 
 to abate, or cause to be abated, all nuisances which may 
 injure or affect the health or comfort of the community or 
 any individual thereof, and to do all acts and make all regu- 
 lations which may be necessary or expedient for the pro- 
 motion of health or the suppression of disease. 
 
 Art. 184. Every person who shall sell, or oft'er or expose 
 for sale in the markets or elsewhere in the city, unwhole- 
 some, stale, emaciated, blown, stuff'ed, tainted or measly meat, 
 poultry, fish, flesh or provisions of any kind, or any stale, un- 
 ripe, green rotten or unwholesome vegetables, fruits, garden 
 produce or fruit of any kind, shall be punished by a fine of not 
 less than twenty nor more than one hundred dollars for each 
 and every offense. It shall be the duty of the officers of the 
 police, and of the health inspectors, and of each and every 
 
 118
 
 CITY OF GALVESTON. ArT. 185-189. 
 
 one of them, to seize such articles of fish, flesh, poultry, 
 vegetables, fruits, provisions or food when discovered, and 
 throw the same into the garbage cart. And it shall also be 
 the duty of each of said officers to make a complaint of every 
 violation of this ordinance and procure the issuance of war- 
 rants against all persons so ofifending, that such persons may 
 be arrested and brought before the recorder's court for trial 
 therefor. 
 
 Art. 185. That the owner or occupant of any grocery, soap, 
 tallow or chandlery establishment, or blacksmith shop, tan- 
 nery, stable, slaughter house, distillery, brewery, sewer, privy 
 or other unwholesome or nauseous house or place, shall 
 cleanse, remove or abate the same, as the health physician 
 may deem necessary for the health, comfort and convenience 
 of the inhabitants. 
 
 Art. 186. That the health physician is hereby charged 
 with the duty of employing all necessary labor in his de- 
 partment, subject to the limitation to be prescribed by the 
 council as to the number of employes or workingmen and 
 the compensation to be paid them. 
 
 Art. 187. That the health physician shall establish such 
 rules and regulations as he may think necessary to determine 
 the number of deaths and burials in the city, and for the dis- 
 interment and removal of dead bodies, and for the bringing 
 of them within the city. 
 
 Art. 188. That all notices required by this chapter shall 
 be in writing, and may be served by the health physician 
 or by a health inspector upon the owner, or agent of the 
 owner, or the tenant of the premises offending, if resident 
 in the city ; but, if the premises be unoccupied, and the 
 owner is a non-resident, and has no resident agent, then 
 notice shall be served by posting a written notice on the 
 premises. 
 
 Art. 189. That any person or persons who shall violate, 
 resist or fail to comply with any of the preceding articles 
 of this chapter, or who shall fail to comply with any order, 
 rule or regulation issued by the health physician, under the 
 authority of this chapter, shall be fined not less than ten 
 dollars nor more than one hundred dollars, and shall be im- 
 10- 119
 
 AKT. 190-192. REVISED ORDINANCES OF THE 
 
 prisoned in the county jail until such fine is paid, and while 
 so imprisoned shall be made to work on the public high- 
 ways, or some other public work under the municipal author- 
 ity ; provided, such imprisonment shall in no case continue 
 longer than fifteen days; and for any failure or refusal to 
 comply with any order or notice of the health physician, 
 when a particular time is specified for the execution of such 
 rule, regulation, order or notice, the person or persons so 
 offending shall be liable to a fine of not less than five nor 
 more than fifteen dollars for every day such failure or 're- 
 fusal to comply with such rule, regulation, order or notice 
 shall continue. 
 
 Art. 190. Any person who shall violate any article of this 
 chapter, or fail to perform any duty therein prescribed, shall 
 be fined in any sum not exceeding twenty-five dollars, un- 
 less another penalty is specially prescribed therefor. 
 
 CHAPTER TWO. 
 
 SANITARY REGULATIONS. 
 
 Art. 191. It shall not be lawful for any person to erect 
 or use any place as a privy or necessary house on any lot 
 or premises within three feet of the line of the next adjoin- 
 ing lot, or any street or alley in the city; and any person who 
 shall violate this provision shall be fined in any sum not 
 exceeding ten dollars in case said privy or necessary house 
 is not removed to conform thereto within twenty-four hours 
 after notice to remove the same by the health physician, or 
 any policeman or health inspector. 
 
 Art. 192. It shall not be lawful for any person owning or 
 using a privy or necessary house, .to use and keep the same 
 in such manner that it shall be ofifensive to the public or to 
 any person residing in the vicinity. Any person so owning 
 or using the same, who shall fail or refuse to place the same 
 in good sanitary condition within twenty-four hours after 
 notice from the board of health, a policeman or a health in- 
 spector, shall be fined in any sum not exceeding ten dollars 
 for each and every day he shall so fail or refuse. 
 
 120
 
 CITY OF GALVESTON. ART. 193-195. 
 
 Art. 193. It shall not be lawful to remove any night soil, 
 or the contents of any vault, privy or necessary house within 
 the cit3^ at any time between the first clay of June and the 
 first day of November in any year, except with the per- 
 mission of the health physician, and in accordance with such 
 directions as may be prescribed by the board of health, and 
 not at any other time of the year, except between the hours 
 of eleven o'clock at night and four o'clock in the morning, 
 without written permission of the health physician. And it 
 shall not be lawful to remove any night soil or the contents 
 of any vault, privy or necessary house within the city, except 
 by such means as the odorless excavating apparatus, or by 
 vessels or other apparatus the use of which is inofifensive. 
 And all such vessels and apparatus are to be examined, ap- 
 proved, and a written license granted by the health phy- 
 sician to use the same, before same are used. Any person 
 ofifending against any of the provisions of this article shall, 
 upon conviction, 1)e subject to a fine of not less than five 
 dollars nor more than twenty-five dollars for each and every 
 offense. 
 
 Art. 1!)4. It shall not be lawful for any person to throw, 
 place, leave, deposit or bury, or to suffer or permit his or her 
 servant, or any other person of his or her family to throw, 
 place, leave, deposit or bury the carcass of any dead animal 
 or any carrion, or putrid meat, fish, entrals, contents of a privy, 
 or other unwholsesome substance, in any square, avenue, street 
 or alley, or upon any lot within the city, or upon any other 
 ground within the limits thereof, except such ground or place 
 as shall from time to time be designated by the health phy- 
 sician for such purpose; and for every violation of this article 
 the offender shall be subject, on conviction, to a fine of not 
 more than twenty-five dollars for each and every offense. 
 
 Art. 195. It shall be the duty of all owners or occupiers 
 of houses, stores, shops or vacant lots to keep the sidewalks 
 in front of their houses, stores, shops or vacant lots clean 
 and in good condition, and that it shall be unlawful and pro- 
 hibited to sweep, pour, throw, or otherwise place in the 
 gutter, or into the streets and alleys, offal, liquid debris, or 
 anv other thing or substance ; such sweepings, debris, offal, 
 
 121
 
 Art. 196-198. revised ordinances of the 
 
 etc., shall be collected in suitable boxes, barrels, or other 
 vessel, and placed before the doors, at the edge of the side- 
 walk, or in the alley, as may be ordered by the health physi- 
 cian where scavenger carts shall take it at certain hours. 
 not later than nine o'clock a. m., and the empty boxes or 
 barrels shall not remain on the sidewalk or in the alley, but 
 shall be taken back to the house by the owner. This shall 
 not apply to any refuse or any boxes, crates, barrels, shav- 
 ing paper or other package or material which has been used 
 for packing or other similar purposes, but the owners or 
 occupants of stores, houses and shops, having no further use 
 for such waste package or material, shall cause the same to be 
 removed, and not deposit it or permit it to remain upon the 
 sidewalks, or in the alleys or streets. Any person violating this 
 article, or any provision thereof, shall be fined not less than 
 one nor more than five dollars for each oft'ense. 
 
 Art. 196. Every owner or keeper of any animal which 
 may die within the limits of the city, shall forthwith re- 
 move, or cause to be removed, the dead carcass thereof to 
 the place designated by the health physician for such pur- 
 pose, and there bury the same or cause it to be done, at his 
 or her own expense ; and for refusal or failure to comply with 
 the provisions of this article each owner or keeper shall be 
 subject to a fine of not exceeding ten dollars. 
 
 Art. 197. Every person wdio shall discharge from his 
 house, factory or lot, into any avenue, street or alley, in the 
 limits of the city, any noisome or offensive liquid or sub- 
 stance, prejudicial to the health of persons residing in or 
 near such avenue, street or alley, and every person keeping 
 on his premises any hides, whether green or dry, skins or 
 peltries, or any animal or vegetable matter that is generally 
 offensive to the persons residing in the neighborhood, or 
 deemed prejudicial to the health thereof, shall for each and 
 every offense be subject, on conviction, to a fine of not ex- 
 ceeding fifty dollars. 
 
 Art. 198. No steam boiler manufactory, machine shop, 
 foundry, factory, brewery, distillery, soap factory, butchery, 
 or sausage-making establishment, or any other establishment 
 of similar kind whatever, shall be erected or continued in 
 
 122
 
 CITY OF GALVESTON. ART. 199-200. 
 
 operation within the corporate limits of the cit}% which sliall, 
 upon due consideration before the recorder's court, be de- 
 clared by said court a nuisance to the public, or to any 
 persons residing within the vicinity thereof, under a penalty 
 to be inflicted upon the owner or occupier of such establish- 
 ment of not exceeding one hundred dollars per day for each 
 and every day the said nuisance shall be continued after he 
 or they shall be notified by the president to discontinue or 
 remove the same. 
 
 Art. 199. PZvery owner, occupier or lessee of a wharf, 
 or the agent or manager thereof, shall keep the docks or 
 slips, to the distance of thirty feet on either side of said 
 wharf from end tO'* end, clear of logs, timber, bushes, sea- 
 weed and every species of filth or obstruction whatever ; and 
 every owner, lessee or occupier of any wharf, or the agent 
 or manager thereof, within the limits of the city of Galves- 
 ton, who shall fail or refuse to keep the docks free of all 
 filth and obstructions aforesaid, or shall fail or refuse to 
 remove from said wharves, or any grounds connected there- 
 with, any filth or noxious and offensive matter of any kind 
 whatever, within twenty-four hours after having been noti- 
 fied to remove the same by the board of health, or any health 
 inspector, shall be fined in any sum not exceeding ten dollars 
 for each and every day he may so fail or refuse. 
 
 Art. '^00. Any vessel, boat, barge or other water craft, 
 which mav be lying at or about the wharves or docks of this 
 city, which may at any time contain stagnant w^ater, or be 
 in an impure or unwholesome condition, shall be and is hereby 
 declared a public nuisance, and that the owner, master, agent 
 or consignee, on being notified to that effect, shall immediately 
 remove the said vessel, barge, boat or other water craft, to 
 such place as may be designated by the health physician, there 
 to be cleaned and purified, before the same shall again be 
 suffered to be brought to the wharves and docks aforesaid ; 
 and in case the said owner, master, agent or consignee shall 
 refuse or neglect to remove any such vessel, boat, barge or 
 other water craft, being thereunto rec[uired as aforesaid, and 
 within the time allowed therefor, he, she or they shall be 
 liable to a fine of not more than twenty dollars for each and 
 
 12.3
 
 Art. 201-203. revised ordinances of the 
 
 every twenty-four hours the same shall remain after tlic 
 expiration of the time limited for the removal thereof; and 
 the said refusal or neglect being continued for forty-eight 
 hours, it may and shall be lawful for the health physician, 
 and it is hereby made his duty, to cause the same to be re- 
 moved at the charge, expense and risk of the said owner, 
 master or consignee of said vessel, the cost whereof being 
 ascertained, shall be recovered by suit or action in any court 
 of competent jurisdiction, in the corporate name of the city, 
 against such owner, master or consignee as aforesaid. 
 
 Art. 201. The health physician of the city is hereby author- 
 ized to prevent and prohibit the introduction within the limits 
 of the city of any hides, peltry, cofifee, suet, provisions, or 
 any infected articles, which, in his judgment, may endanger 
 the health of the city ; and any person or persons, willingly 
 or knowingly introducing into the city any of the said articles, 
 contrary to the prohibition aforesaid, shall forfeit and pay 
 for each such offense a sum not exceeding fifty dollars; and 
 all such articles, whenever found within the limits of the 
 city, and adjudged by the physician aforesaid to endanger the 
 health of the city, shall be immediately removed without the 
 limits of the city by the person on whose premises the same 
 are found. 
 
 Art. 202. It shall not be lawful for any person to skin any 
 dead animal that may die within the limits of the corporation, 
 or may drift on shore, without immediately burying, or in 
 some other way destroying the carcass ; and any person so 
 offending shall be fined in a sum of not less than ten dollars 
 for each offense, to be recovered as for breach of other 
 ordinances. 
 
 Art. 20;j. That any privy hereafter constructed within the 
 fire limits of the city of Galveston shall be not to exceed 
 four feet below the surface of the ground, and to be walled 
 with brick or stone laid in cement its whole depth, with 
 water-tight bottom. Said wall shall be raised at least one 
 foot and a half above the surface of the ground, and shall 
 be so constructed as not to have any issue or opening on 
 any street or alley or yard, nor shall it be within three feet 
 of any street or alley or party wall or fence. Any person 
 
 124
 
 CITY OF GALVESTON. ArT. 204-207. 
 
 violating- this article shall be subject to a fine of not less 
 than ten nor more than one hundred dollars for each and 
 every offense. 
 
 CHAPTER THREE. 
 
 QUARANTINE. 
 
 Art. 204. All vessels arriving within the bay of Galves- 
 ton are hereby declared to be subject to such quarantine 
 regulations as are herein prescribed. 
 
 Art. 205. The quarantine anchorage shall be abreast of 
 ■Nlesquite island, or other place to be designated by the health 
 physician, and all vessels subject to quarantine shall im- 
 mediately upon their arrival from sea proceed to and be 
 anchored at the place assigned for quarantine, and shall there 
 remain with their officers, passengers and crew, during the 
 time of their quarantine, to be prescribed by the board of 
 health, but not in any case to exceed twenty days ; provided, 
 that when quarantine shall have been declared by the gov- 
 ernor of the State of Texas, such vessels shall remain at the 
 quarantine anchorage for the term that may be prescribed 
 by the governor in his proclamation establishing quarantine. 
 
 Art. 206. The quarantine physician shall board every ves- 
 sel subject to quarantine immediately on her arrival, and 
 make strict incjuiry into the health of the crew and pas- 
 sengers, and into the state and condition of the vessel and 
 cargo; and in the discharge of his duty he may put all such 
 questions to the persons on board as he shall judge necessar}' 
 and proper to enable him to ascertain the condition of the 
 vessel and the quarantine to which she ought to be sub- 
 ject; and the persons to whom such questions shall be put 
 shall, if required, answer the same under oath, which the 
 quarantine physician is hereby authorized to administer. 
 
 Art. 207. WHien the detention prescribed for any vessel 
 has expired, if the quarantine physician shall judge the ves- 
 sel and cargo free from infection, he shall relieve the vessel 
 from detention ; but no vessel shall be allowed to remove from 
 the quarantine ground without a written permit from the 
 quarantine physician. 
 
 l->o
 
 Art. 208-213. revised oedixaxces of the 
 
 Art. 208. No lighter or vessel shall be employed to unload 
 vessels at the quarantine, or to remove any of the passengers 
 or crew therefrom without the permission of the quarantine 
 physician, when they may be subject to such restrictions as 
 may be imposed by the quarantine physician; provided, that 
 all mails may be landed at the earliest period deemed safe by 
 the quarantine physician. 
 
 Art. 209. The master or other officer in command, or clerk 
 of every vessel arriving at the quarantine ground, shall make 
 a report in writing to the quarantine physician, of the name, 
 age and last legal residence of every passenger or hand on 
 board of such vessel ; and no such hand or passenger shall be 
 allowed to leave the vessel without the written permission 
 of the quarantine physician. 
 
 Art. 210. The master, owner or consignee of every vessel 
 subject to quarantine shall forthwith, upon the requisition of 
 and under the direction of the quarantine phj^sician, cause 
 such vessel, her cargo and clothing to be purified, and shall 
 cause such vessel to be fumigated, aerated and purified, ac- 
 cording to the directions of the health physician, when re- 
 quired by the quarantine physician, at the expense of said 
 vessel. 
 
 Art, 211. The quarantine physician, under the directions 
 of the health physician, if it be deemed necessary to pre- 
 vent infection or contagion, ma}' cause any bedding or cloth- 
 ing on board a vessel subject to quarantine, or any portion of 
 her cargo that he may deem infected, to be destroyed. 
 
 Art. 212. iVny master of a vessel who shall either give 
 false information relative to the condition of his vessel, crew, 
 passengers or cargo, or refuse to give such information as 
 shall be lawfully required, or who shall land any person from 
 his vessel, or unload or tranship any portion of his cargo 
 before his vessel shall have been visited or examined by the 
 quarantine physician, shall be guilty of a misdemeanor; and 
 for each offense shall be fined a sum not exceeding one hun- 
 dred dollars. 
 
 Art. 213. Any person who shall willingly or knowingly 
 oppose or obstruct the quarantine physician in performing 
 his duties herein required of him, shall be guilty of a misde- 
 
 12f)
 
 CITY OF GALVESTOX. ART. 214-215. 
 
 meanor, and, on conviction, shall be fined for each ofifense not 
 exceeding- one hundred dollars, and may be imprisoned for 
 a period not exceeding- fifteen days. 
 
 Art. 214. Any master of a vessel subject to quarantine, 
 arriving in the bay from sea, who shall refuse or neglect 
 either first to proceed with and anchor his vessel at the place 
 assigned for quarantine at the time of his arrival ; second, 
 to submit his vessel, cargo and passengers to the examination 
 of the quarantine physician, and to furnish all necessary in- 
 formation to enable that officer to determine at what length 
 of quarantine and other regulations they ought respectively 
 to be subject to; third, to remain with his vessel at quaran- 
 tine during- the period assigned for her detention, and whilst 
 at quarantine to comply with the directions and regulations 
 hereof, and -with such orders as the quarantine physician, by 
 virtue of this article, may give, shall be liable to a fine of one 
 hundred dollars, or fifteen days' imprisonment, and ever}' 
 other person obstructing said officer in the discharge of his 
 duty, shall be liable to a like penalty. All drummers, persons 
 running market boats, and all other persons are prohibited 
 from going on board of any vessel that arrives in the harbor 
 of Galveston during quarantine season until after the in- 
 spection of such vessel by the quarantine officer. Any person 
 violating the provisions of this section shall be fined not less 
 than twenty-fi^■e nor more than one hundred dollars for each 
 offense. 
 
 Art. 215. That the pilots of this port shall notify all ves- 
 sels coming from ports declared infected by the quaranrine 
 physician of the existence of this order, and shall bring such 
 vessels to anchor at the quarantine station, or outside the 
 bar, for examination by the quarantine physician. And no 
 vessel from any infected ports shall be brought to the city 
 by the pilots, or be3'ond the quarantine station, without per- 
 mit from the quarantine physician ; and any violation of this 
 provision b}' any pilot shall subject such pilot to a fine of 
 one hundred dollars. 
 
 127
 
 Art. 216-218. revised ordinances of the 
 CHAPTER FOUR. 
 
 SLAUGHTER HOUSE AND YARDS. 
 
 Art. 316. Slaughter houses, or slaughter yards or grounds, 
 or grounds and premises used for slaughtering purposes, shall 
 not be kept or allowed within the corporate limits of the city 
 of Galveston, between the eastern boundary of said city on 
 the east and Fifty-seventh street on the west; provided that 
 yards, grounds and pens used for feeding beeves or hogs may 
 be kept within the corporate limits west of Forty-third street. 
 Nor shall there be any fresh meat brought within the limits 
 mentioned for the purpose of sale and kept over night, unless 
 the same be deposited in a regularly established market house ; 
 nor shall any person be allowed to kill, butcher or slaughter 
 any beef, veal, hog, sheep or goat within the limits prescribed. 
 Every person ofifending against or violating either of the 
 provisions of this ordinance shall be fined in the sum of 
 twenty-five dollars for each and every such ofifense. 
 
 Art, 21T. That no person shall exercise or carry on, within 
 the limits of the city of Galveston, any occupation, trade or 
 business that creates any stench or smell offensive to the 
 senses, which either makes the air unwholesome, or renders 
 the enjoyment of life and property in the neighborhood un- 
 comfortable ; and the exercise or carrying on, within said 
 limits, every such occupation, trade or business, and the 
 houses and establishments in which said occupation, trade 
 or business shall be so exercised or carried on, are hereby 
 declared to be nuisances. 
 
 That each and every day, or part of a day, any slaughter 
 house, slaughter pen, slaughter 3'ard, ground or premises, or 
 slaughtering establishment, may be used for any of the pur- 
 poses prohibited by this chapter, and that each and every 
 day, or part of a day, any occupation, trade or business pro- 
 hibited by this chapter may be exercised or carried on, shall 
 be adjudged a separate offense, and shall be punished ac- 
 cordingly. 
 
 Art. 218. That if any person shall be found guilty of a 
 violation of any one of the three preceding articles, the person 
 
 128
 
 CITY OF GALVESTON. AKT. 219-221. 
 
 SO offending shall be fined in any sum not less than twenty 
 dollars, nor more than two hundred dollars. 
 
 Art. 219. That when any house, pen or establishment shall 
 be found to be a nuisance, the recorder shall issue a writ 
 to the chief of police, ordering him to abate the same. 
 
 TITLE VI. 
 
 give ^spavintsnU 
 
 CHAPTER ONE. 
 
 ORGANIZATION. 
 
 Art. 220. The fire department of the city of Galveston 
 shall be composed of a chief of the fire department, an assist- 
 ant chief of the fire department and such number of firemen 
 as the board of commissioners ma}" deem necessary, the offic- 
 ers and members of said fire department to be appointed and 
 their compensation and duties to be fixed, defined and regu- 
 lated as provided by the city charter. 
 
 Art. 221. The chief of the fire department shall have the 
 command of the entire fire department, its officers, members 
 and employes. He shall at all times supervise and keep in re- 
 pair, and ready for instant use all the property of the city con- 
 nected with the department. He shall see that proper discipline 
 is maintained and observed by officers and men when on duty. 
 He shall have sole command at fires over all members of the 
 fire department and all other persons who may be present. 
 He shall direct all proper measures to the extinguishing of 
 fires, the protection of property and preservation of order. He 
 shall keep fair and exact rolls of the respective companies, 
 specifying the time of admission and discharge, and name, age, 
 occupation and residence of each member. He shall, in cases 
 of emergency, have authority to employ extra members when 
 the preservation of property from fire may require it. He 
 
 129
 
 Art. 222-224. revised ordinances of the 
 
 shall, at the end of each month, make, or cause to be made, 
 a correct pay-roll of the officers and members of the fire de- 
 partment, tog-ether with a statement of all expenses incurred 
 by the fire department during the current month, and all sup- 
 plies and material received for the use of the same, and report 
 to the board the condition of the houses, fire apparatus and 
 other property of the department, the number of fires since 
 last report, the causes thereof, and the extent of damage, 
 as near as can be ascertained. In the absence of the chief 
 the engineer shall execute the duties of his office with full 
 powers, and the assistant engineer shall, at all times, be sub- 
 ject to the direction and orders of the chief, and the chief and 
 assistant are hereby authorized to exercise the powers of 
 police officers in going to, while at, and returning from any 
 fire that may occur or alarm be given. 
 
 CHAPTER TWO. 
 
 REGULATIONS PREVENTION OF FIRES. 
 
 Art. 222. No person shall, under any pretext wdiatever, 
 take or use any of the implements, tools or apparatus belong- 
 ing to any of the several companies of the fire department 
 without first obtaining the consent of the chief of the fire 
 department; and it shall be the duty of every fireman know- 
 ing of any such ofifense to report the same to his foreman, and 
 said foreman to make complaint to the chief of police, who 
 shall take action in the matter ; and for every violation of this 
 article, the person guilty of such violation shall be subject to 
 a fine of not less than two or more than ten dollars. 
 
 Art. 223. Racing to and from fires is not allowed under 
 any circumstances, vmder penalty of dismissal, and if the 
 apparatus of several companies are proceeding on the same 
 street to or from a fire, they shall do so in single file. 
 
 Art. 224. Any driver of a steam engine, or a hose cart, 
 or hook and ladder company, or any other apparatus belong- 
 ing to a fire company, who' may carelessly or willfully come 
 into collision with any other vehicle while going to or from 
 a fire, or any alarm of fire, shall be held responsible for all 
 damages that may occur. 
 
 130
 
 CITY OF GALVESTON. ART. 225-230. 
 
 Art. ^^o. Drivers shall see that their horses are at all 
 times properly secured and protected. 
 
 Art. 22G. Each company of the fire department shall be 
 furnished with a cop)- of the fire ordinance, and rules and 
 regulations, which shall be framed and placed in their houses. 
 It shall be the duty of the officers and the members of the 
 department to conform to the regulations and perform all the 
 duties herein required. 
 
 Art. 227. Officers and members of the department are 
 strictly forbidden to make any purchases for the department, 
 except under authorit}^ of the board. 
 
 Art: 228. Any driver of a steam engine, hose carriage, or 
 hook and ladder company, who shall carelessly drive over 
 any hose, shall be subject to dismissal from the depart- 
 ment. 
 
 Art. 229. Foremen of the several steam fire engine com- 
 panies are required to see that their horses are exercised daily, 
 in hauling shells and sand, and at such work as may be directed 
 by the chief of the fire department, to leave their wagons on 
 the spot when they hear an alarm of fire, and to resume their 
 work after the fire is extinguished. During the workings of 
 the engines at fires or washings, no liquor of any kind shall 
 be allowed around the engine, to the engineer or fireman ; and 
 it is the specified duty of the officer in charge of the engine 
 to see that this order is implicitly obeyed. The maximum of 
 steam required on all ordinary occasions shall not exceed 
 eighty pounds, and if at any time an extra quantity of steam 
 is required, the officer in charge of the engine will notify the 
 chief of the fire department of the same. 
 
 Art. 230. In case of a fire, or other assembling of the de- 
 partment, the chief of the fire department shall assume con- 
 trol and be obeyed in all things pertaining thereto. In the 
 absence of the chief, the assistant shall assume his authority 
 and responsibility. The officers of the respective companies 
 will yield prompt and cheerful obedience to the orders of the 
 chief in charge, and the members of the companies will, in 
 like manner, yield prompt and cheerful obedience to the orders 
 of their company officers. 
 
 131
 
 Art. 231-234. revised ordinances of the 
 
 Art. 231. It shall be the duty of the chief, at least once 
 in every- month, to make a thorough inspection of the horses, 
 apparatus, buildings or other public property, in the keeping 
 of the various fire companies, to see that they are at all 
 times kept in good condition and ready for use, and to make 
 a full report of the condition of the department to the board 
 on the first da}' in January, April. July and October, in each 
 year. 
 
 Art. 232. It shall be the duty of the secretary to keep, 
 in a book to be provided for that purpose, a fire register, show- 
 ing the names, date of election and term of service of all 
 officers and members of the department. 
 
 Art. 233. It shall be the duty of the chief of the fire de- 
 partment, or assistant in command of fires, to establish a post 
 of observation to be designated in the day time by a red flag, 
 and at night by a red lantern, at which post he shall remain 
 during the progress of the fire, and direct the operations of 
 the department, except when his presence at some other por- 
 tion of the field is temporarily indispensable. 
 
 CHAPTER THREE. 
 
 FIRE LIMITS. 
 
 Art, 234. It shall not be lawful to erect, build, place, 
 enlarge or repair any wooden building or structure, or any 
 building or structure whatsoever, constructed of wood or 
 with a wooden roof; or to arrange, keep, locate or establish 
 any lumber or wood yard, or place for the purpose of carry- 
 ing on the business of lumber dealing or for the storage of 
 cord wood, except in quantities less than twenty cords thereof, 
 in this city between the following boundaries: Avenue A 
 on the north, or on any reclaimed land between Avenue A 
 and the channel; the alley between Avenue E (or Postoffice 
 Street) and Avenue F (or Church Street) on the south, ex- 
 cepting the north one-half of block 439 ; Nineteenth Street on 
 the east, and Bath Avenue on the west. The territory within 
 said boundaries, excepting the north one-half of said Block 
 439, shall be designated as the fire limits of the city. Any 
 person who shall violate the provisions of this article shall be 
 fined one hundred dollars. 
 
 132
 
 CITY OF GALVESTON. AeT. 235-236. 
 
 Art. 235. That hereafter, whenever the health physician 
 shall, for sanitar}^ purposes, order an}- house or building- 
 situated within the said defined limits to be raised, the owner, 
 agent or lessees of the same shall be permitted and shall have 
 the right to repair such house or building to such extent, and 
 no more, as may be necessary and recjuisite to safely raise 
 the same. The extent and nature of such repairs shall be de- 
 termined by the city engineer, and it is hereby made the 
 duty of the owner, agent or lessee as the case may be, of each 
 house or building so ordered to be raised, to call upon and 
 obtain from the city engineer a certificate, setting forth and 
 particularly specifying the extent and nature of the repairs 
 necessary to be made, in order to comph^ with the said order 
 of the health physician, which certificate so obtained shall be 
 filed in the office of the city clerk. It shall then be the duty 
 of the chief of the fire department to see that the repairs made 
 upon any such house or building are in strict conformity to 
 and in accordance with the terms and provisions of the said 
 certificate. 
 
 Art. 236. It shall be unlawful for any person to move, 
 cause to be moved or aid in moving any house or building 
 from any point to another in the city of Galveston, on, along- 
 or across any street, alley or other highway in said city with- 
 out having first obtained from the president permission in 
 writing signed by him officially, authorizing such removal, 
 which permission shall state the name of the person to whom 
 such permission is given, the building or house to be moved, 
 the place from which and the place to which the same may 
 be moved, and the route along which it shall be carried, and 
 any other restrictions and conditions which the president may 
 impose to avoid inconveniences to the public and for the pro- 
 tection of the highways from injury ; provided, that no such 
 permission shall be granted to move any house or building 
 from any point outside of the fire limits of the city across 
 such fire limits or to any point within them. Any person who 
 shall violate or be concerned in violating the provisions of 
 this article, or any of them, or the terms of such permit shall 
 be punished by a fine not exceeding one hundred dollars for 
 each ofTense. 
 
 133
 
 AliT. 237-239. revised ORDtNANOES OF THE 
 
 Art. 237. In case any house or building shall be removed 
 from one place to another within the city limits by any route 
 which shall cross any street railroad, or other railroad used 
 for the accommodation of the public, such house or building- 
 shall be carried completely across such railroad track at night 
 between the hours of twelve o'clock midnight, and six o'clock 
 a. m. of the same night; and for each and every hour such 
 house or building, or the material or apparatus used in moving 
 the same, shall obstruct the free passage of cars along such 
 railroad during any other hours of the day or night the owner 
 of such house or building and each and every person charged 
 with or concerned in the removal thereof, whether as agent, 
 contractor or laborer, shall be fined not less than five nor 
 more than twenty-five dollars. 
 
 Art. 338. Each and every building of any size or kind 
 hereafter erected within said fire limits, shall have walls and 
 roofs constructed of fire-proof materials, using for walls brick, 
 stone, concrete or cast iron, either solid or filled behind with 
 brick, stone or concrete ; and for roof, either slate, tin, iron 
 or prepared asphaltum felt and gravel or shell, to be approved 
 by the chief engineer of the fire department ; but in the ter- 
 ritory between the alley first north of Avenue A and the chan- 
 nel of the bay, buildings may be constructed with walls cov- 
 ered with corrugated or galvanized iron, patent sheet iron 
 shingles or slate, on application to the board in writing, by a 
 vote of two-thirds of the members thereof. Any person who 
 shall violate the provisions of this article shall be fined one 
 hundred dollars. 
 
 Art. 239. Each and every building of any size or kind 
 hereafter erected outside the fire limits, east of Forty-fifth 
 (45) street, within the city of Galveston, shall have roofs con- 
 structed of either slate, tin, iron, prepared distilled asphaltum 
 felt and gravel or shell, or other fireproof material, to be ap- 
 proved by the chief engineer of the fire department. And no 
 roof shall be renewed only in accordance with the provisions 
 of this article, and no roof shall be repaired with shingles or 
 wood, without the certificate of the chief of the fire 
 department that said repairs are valued at less than 25 per 
 cent, of the cost of a new shingle or wood roof. Any person 
 
 134
 
 CITY OF GALVESTON. ART. 240-241. 
 
 who shall violate the provisions of this article shall be fined 
 one hundred dollars. 
 
 Art. 240. Whenever any wooden building now standing 
 within said limits shall be damaged by fire, the rebuilding or 
 repairing of the same is hereby prohibited, unless the owner 
 shall first obtain a permit from the president of the board ; and 
 before the president shall issue any such permit he shall cause 
 such building to be inspected by the chief of the fire depart- 
 ment, with three experts to be chosen by them, who shall 
 appraise the damage on the same, and if the fire commis- 
 sioner appraise the damage to said building to be fifty per 
 cent, of its value before the fire, or more, no permit shall be 
 granted. Any person who shall violate the provisions of this 
 article shall be fined one hundred dollars. 
 
 Art. 241. That when any building, awning, shed or other 
 structure of any kind shall, from age, neglect or other cause, 
 become dilapidated, the same is hereby declared !a nuisance ; 
 and on complaint being made to the president, in writing, by 
 ten or more citizens, that any such building, awning, shed 
 or other structure has become dilapidated and is a nuisance, 
 he shall cause the same to be inspected by the health physician, 
 the city engineer and the chief of the fire department, as a 
 board of inspectors, and if the same be reported by said in- 
 spectors, or a majority thereof, to be dilapidated and a 
 nuisance, he shall cause the same to be inspected by the 
 health physician, the city engineer and the chief of the fire 
 department, as a board of inspectors, and if the same be 
 reported by said inspectors, or a majority thereof, to be 
 dilapidated and a nuisance, the president shall lay said report 
 before the board for their consideration and action, and give 
 five day's notice to the owner or agent of said dilapidated 
 building, awning, shed or other structure, to appear before 
 the board and show cause why the same shall not be de- 
 clared a nuisance and be abated and removed, and if the board 
 shall adopt the report of the inspectors, by a majority of 
 two-thirds of the board, thereupon the president shall, in 
 case that said building, awning, shed or other structure is 
 within the fire limits, cause the same to be pulled down and 
 removed, as he may deem best, giving ten days' notice to 
 ii_ 135
 
 Art. 242-245. revised ordinances of the 
 
 the owner or agent to remove or pull down the same so that 
 the nuisance may be abated ; and if said house, awning, shed 
 or other structure be outside the fire limits, the president 
 shall require the owner or agent to repair the same or abate 
 it, giving ten days' notice to the owner or agent to repair 
 or abate the same, so that the nuisance be abated. 
 
 Art. 242. And if the owner or agent aforesaid shall fail 
 or refuse to comply with the order of the president contained 
 in said notice, within ten days after service thereof on him 
 aforesaid, whether the building or structure is within or 
 without the fire limits, then he shall be punished by a fine of 
 not less than ten dollars, nor more than one hundred dollars, 
 for every day that he fails to comply with the order of the 
 president. 
 
 Art. 243. That whenever any building, or any fire-place, 
 stove or range therein, shall be complained of as dangerous 
 to the contiguous buildings, or likely to cause fire, the same 
 shall be inspected as provided in the preceding article in 
 case of dilapidated buildings ; and if the inspectors shall report 
 the building complained of to be dangerous to contiguous 
 buildings, or as likely to cause or promote fires, the president 
 shall notify the owner to repair or remove the same (except- 
 ing wooden buildings within the fire limits), and a failure or 
 refusal to obey said notice shall subject the offender to a fine 
 of ten dollars for each and every day he so fails or refuses ; 
 and the president shall cause the building to be pulled down 
 or removed at the expense of the owner. 
 
 Art. 244. Any person who shall continue in the violation 
 of any of the provisions of the preceding articles of this chap- 
 ter shall be fined, as therein provided, for each and every day 
 they shall so continue in such violation. 
 
 Art. 245. It shall be the duty of the chief of the fire depart- 
 ment to enforce all ordinances for the prevention and spread 
 of fires, and the storage of petroleum and combustibles, and 
 to promptly investigate and report the cause or origin of all 
 fires to the board, in writing. He shall inspect all buildings 
 in process of construction or repair, and cause all flues and 
 chimneys to be securely built, in accordance with existing 
 ordinances; he shall be authorized to enter any building 
 
 136
 
 CITY OF GALVESTON. AeT. 246-248. 
 
 within the corporate limits of the city, and examine the con- 
 dition of any fines, stove-pipe or chimney therein and require 
 any defect in such condition or arrangement to be promptly 
 corrected. 
 
 Art. 2-t6. That it shall be unlawful to build or erect any 
 plank sidewalk or platform within the fire limits of the city; 
 and that the covering or paving of all sidewalks in said fire 
 limits shall be composed of fire-proof material, such as brick, 
 shell, stone, asphaltum, or blocks of wood ; and each day such 
 plank sidewalk or platform shall remain after building or 
 erection shall constitute a separate offense, and any person 
 who shall violate the provisions of this article shall be fined 
 five dollars for each and every day so ofifending. 
 
 Art. 247. That it shall be unlawful for any person or 
 persons to erect or build any house or building whatever, or 
 begin to erect or build the same, within the present fire limits 
 of the city of Galveston, or within any other or extended fire 
 limits that may be fixed by any future ordinance, without 
 first obtaining from the city engineer a certificate thav the 
 entire area of the lot or part of lot upon which he, she or 
 they intend to erect or build, has been filled to the established 
 grade of the street in front of the lot, and to the established 
 grade of the alley in rear of the same. The city engineer shall 
 keep a book of registration, in which he shall enter in differ- 
 ent colums the name of the person applying for the certificate, 
 the number of the block, the number of the lot, the date, and 
 whether granted or refused. Any person who shall violate 
 the provisions of this article shall be fined fifty dollars, and 
 shall be liable to a further fine of ten dollars for each and 
 every day so ofifending. 
 
 Art. 248. In all buildings and offices within the city limits 
 where cotton samples or other similar inflammable material is 
 kept or stored, or in which a business is pursued which causes 
 a risk from fire, there shall be kept, in readiness for imme- 
 diate use, one or more hydrants with sufficient length of hose 
 to reach any part of the building, or an adaquate number of 
 fire extinguishers, or such other suitable appliances for the 
 extinguishment of fires as may be approved by the chief engi- 
 neer. Any occupant of such building, offices or premises 
 
 137
 
 Art. 249-251 a. revised ordinances of the 
 
 failing to comply with the requirements of this article, after 
 ten days' notice so to do, shall be guilty of a misdemeanor, and, 
 upon conviction thereof before the recorder, shall be fined in a 
 sum not less than ten dollars nor more than one hundred dol- 
 lars. 
 
 Art. 249. The chief of the fire department is hereby 
 charged with the duty of executing these regulations by in- 
 spection of all such buildings and offices, by giving the pre- 
 scribed notice when necessary, and causing the arrest and 
 prosecution of all persons failing and refusing to comply 
 therewith. 
 
 Art. 250. That it shall be unlawful for any person or per- 
 sons to erect any buildings in this city without first applying 
 to the president for a permit, which application shall be in 
 writing, giving the number of the lot, the name of the street 
 or alley upon which said building is proposed to be erected, 
 the kind of material to be used in the construction of the 
 same, and the purpose of the said building, and any person 
 who shall obtain a building permit shall commence the erec- 
 tion of such building within six months after the date of such 
 permit, or forfeit any rights he may have by virtue of the 
 same. The application for said permit shall include the prob- 
 able cost of the building to be erected. It shall be the duty of 
 the secretary to keep a registry of all said buildings. Any 
 person or persons failing to comply with this ordinance shall 
 be fined not less than five dollars nor more than ten dollars 
 for each and every day they continue to construct said build- 
 ing without said permit, or after the forfeiture of the same. 
 
 CHAPTER FOUR. 
 
 PREVENTION AND EXTINGUISHING OP' FIRES. 
 
 Art. 251. An alarm of fire shall be given by ringing two 
 or more strokes per second for the space of a minute or more 
 on the market bell, or any church or hotel bell, in the city of 
 Galveston, or any steamboat bell in the harbor, or the alarm 
 bells in each ward. 
 
 Art. 251a. Any person who shall make a false alarm of 
 fire, or shall ring or cause to be rung any hotel, steamboat, 
 
 138
 
 CITY OF GALVESTON. AUT. 252-254. 
 
 church or similar bell, at a more rapid rate than one stroke 
 per second for the space of half a minute or more (except in 
 cases of fire), shall be liable to a fine of twenty dollars or ten 
 days' imprisonment. 
 
 Art. 252. That it shall be unlawful for any person or per- 
 sons to give false alarms from any box connected with the fire 
 alarm telegraph of this city, and any one so offending shall be, 
 on conviction before the recorder, fined as hereinafter pro- 
 vided. That each and every merchant shall be and is hereby 
 required to close all hatchways in his, her or their place or 
 places of business before leaving same at night. A violation 
 of this article shall subject the offender to a fine of not less 
 than ten nor more than one hundred dollars, and, further, to 
 imprisonment for not less than ten nor more than fifteen days, 
 unless said fine and costs be sooner paid. 
 
 Art. 253. If any person shall make, cause to be made, or 
 have in his possession an impression or duplicate of any signal 
 box key, without the express permission of the fire commis- 
 sioner or chief of the fire department, such person shall, upon 
 conviction thereof, be fined in any sum not less than five dol- 
 lars nor more than one hundred dollars, at the discretion of 
 the court. 
 
 Art. 254. It shall be unlawful for any person to give, or 
 cause to be given, a false alarm with the intent to deceive, or 
 pull the hook of any station or signal box, except in case of 
 fire, or to tamper, meddle or interfere in any manner with 
 said boxes or any part thereof, or to cut, break or injure, de- 
 face or remove any of the said boxes, or any of the wires or 
 supports thereof, connected with any part of said fire tele- 
 graph, or to make any connection or communication there- 
 with, so as to interrupt or interfere with the proper working 
 of the same, or with evil intent to injure, break or destroy 
 any machinery or fixture connected with it, unless by per- 
 mission of the chief of the fire department. Any per- 
 son guilty of a violation of any of the provisions of this 
 article shall, upon conviction thereof, be fined in a sum not 
 less than five dollars nor exceeding two hundred dollars, at the 
 discretion of the court. 
 
 139
 
 Art. 255-259. revised ordinances of the 
 
 Art. 255. It shall not be lawful for any person or persons 
 to have in his, her or their possession, within the city, any coal, 
 wood, plank, staves, shingles or other lumber, or fuel of any 
 description, combustibles, or any materials that may occasion 
 hazard or danger of fire, unless the same shall be secured in 
 such mauner as shall be considered by the president or chief 
 of the fire department to be safe from any danger of fire. Any 
 person or persons refusing to move the said articles, when 
 ordered by the president, shall forfeit and pay the sum of 
 twenty-five dollars for every day such refusal or neglect shall 
 continue. 
 
 Art. 256. It shall not be lawful for any person or persons 
 to fire or discharge any gun, pistol, fowling piece or firearms, 
 or to discharge or let off any rocket, cracker, squib or other 
 fireworks in any street, yard, lot, alley, walk or public high- 
 way within the limits of the city, or from the door or window 
 of any house or other building, or near any house in any in- 
 habitable part of the city, under a penalty of five dollars for 
 each offense, if the person so oft'ending is over the age of four- 
 teen years; and if under the age of fourteen, then such per- 
 son's parent or guardian shall pay such penalty; provided, 
 that nothing contained in this article shall prohibit the presi- 
 dent of the city from granting special permits to such associ- 
 ations as w ill. in his judgment, discharge firearms or fire- 
 works without danger to life and property. 
 
 Art. 257. It shall not be lawful for any person or persons 
 to carry or cause to be carried in the streets or alleys any 
 burning coals or brands, unless the same be shut up in a cov- 
 ered vessel, and any person offending against the provisions 
 of this article shall be subject to a fine of five dollars. 
 
 Art. 258. It shall not be lawtul for any person living 
 within the limits of the city to build, or make, or have a fire in 
 his, her or their yard, or in the alleys or streets of said city. 
 And each and every person offending therein shall be subject 
 for each offense to a fine of not more than one hundred dollars. 
 
 Art. 259. It shall not be lawful to erect or use any stove 
 or franklin, unless the pipe thereof be conducted into a flue 
 or chimney made of brick or stone. The walls of such flue or 
 chimney shall be not less than four inches in thickness, and 
 
 140
 
 CITY OF GALVESTON. ART. 260-262. 
 
 shall be plastered both inside and outside, where passing 
 through woodwork ; nor shall any naked pipe be allowed to 
 pass through the floor or ceiling of any building ; and in 
 every wooden wall, partition floor and ceiling through which 
 a pipe is to pass, there shall be placed a stone or earthen 
 crock, or double tin or galvanized iron cylinder, through which 
 such pipe shall extend ; and between such crock and cylinder 
 and such pipe there shall be a space of at least one inch, and 
 the pipe shall be at least four inches from the wall, partition 
 or any woodwork. No flue shall be constructed within the 
 corporate limits of the city, unless of brick, stone or cement, 
 and not less than four inches in thickness; and it shall be the 
 duty of any owner, mechanic or other person constructing a 
 flue or chimney, to give notice in writing, at the president's 
 office, of the time when such work shall be in process of con- 
 struction, and stating the number of the lot and block on 
 which the same is to be erected; and it is the duty of the 
 chief of the fire department to examine the same and report 
 any violations of the provisions of this ordinance to the presi- 
 dent. 
 
 Art. 260. Every violation of this article will be punisha- 
 ble by a fine of not less than five nor more than one hundred 
 dollars, and a failure to remove same, after being duly noti- 
 fied, shall subject the offender to a penalty of five dollars per 
 day for each and every day thereafter. 
 
 Art. 261. There shall be imposed a fine of five dollars 
 upon any mechanic, or other person, who shall erect or put 
 up any stovepipe in violation of the provisions of the preced- 
 ing article. 
 
 Art. 262. It shall be the duty of all persons using a stove 
 or stoves in any house, store, shop or building within the 
 corporate limits of the city, to have a platform of stone, 
 brick, sheet iron or earth under the said stove or stoves, 
 extending at least six inches in every direction beyond that 
 part of the lower plate that fronts the door or doors of said 
 stove or stoves ; and any person failing to observe or conform 
 to this direction shall be liable to be fined not exceeding five 
 dollars for each and every day the same shall be used. 
 
 141
 
 Art. 263-267. kevised oedinances of the 
 
 Art. 263. No person or persons shall be allowed to keep 
 in his, her or their stores, house or houses, or upon their 
 premises, or upon or in any street, sidewalk or alley adjoining 
 to or near said premises, at any one time, a larger quantity 
 than twenty-five pounds of gun or other explosive powder, and 
 provided further, that such powder shall be kept in canisters 
 or kegs; and any person or persons violating this article 
 shall, on due conviction thereof, be fined in a sum of not less 
 than ten nor more than one hundred dollars ; and if said fine 
 be not paid, shall be imprisoned for a period of not less than 
 five nor more than thirty days. 
 
 Art. 264. That, where any avvning is or may be estab- 
 lished over the banquette of a street, or any portion thereof, 
 that there shall either be a space left between the top of an}?- 
 public lamp and the roof of any such awning of three feet in 
 the clear, or there shall be an aperture in the roof of such 
 awning, leaving a space of ten inches at least between any 
 openhig made or to be made in the awning or roof thereof and 
 the circumference of the globe of any public lamp that is or 
 may be erected in or under such awnings. 
 
 Art. 265. That the owner or owners of any and all awn- 
 ings extending over any banquette, or part thereof, where a 
 public lamp is or shall be erected, shall see to it that article 
 264 is obeyed and carried out, and shall make, or cause to be 
 made, the necessary elevation or elevations, aperture or aper- 
 tures, to or in any and all awnings so owned by him, her or 
 them; and, in default thereof, shall be fined not less than ten 
 nor more than one hundred dollars for each and every week 
 such person may neglect to comply with the provisions hereof. 
 
 Art. 266. That it shall be unlawful for any person to 
 smoke any pipe, cigar or cigarette, or use fire in any form 
 except in stoves, lanterns or furnaces, on any wharf or levee, 
 or in any warehouse, depot or cotton press or cotton yard, 
 where any cotton bales are stored or in transit, or on any 
 freight car, float or vehicle loaded with cotton bales, within 
 the city of Galveston. 
 
 Art. 267. That it shall be unlawful for any person to 
 smoke any pipe, cigar or cigarette, or use fire in any form ex- 
 cept in stoves, lanterns or furnaces on deck of any ship, ves- 
 
 142
 
 CITY OF CtAlveston. Art. 268-270. 
 
 sel or barge where cotton bales are stored, or in any hold or 
 compartment of any ship, vessel or barge where cotton bales 
 are stored, or being stored, within the police jurisdiction of 
 the city of Galveston, as designated in section 2 of the city 
 charter. 
 
 Art. 268. That it shall be unlawful for an}- person having 
 in charge any steam engine, electric car, or vehicle of any kind 
 whatsoever, to pass over or across any hose belonging to or 
 appurtenant to the fire department of the city of Galveston, 
 or belonging to any person or corporation, when same is 
 being used to extinguish fires, with said steam engine, electric 
 car or vehicle of any kind ; and any person violating this ordi- 
 nance, upon conviction thereof in the recorder's court of the 
 city of Galveston, shall be fined for each ofifense not less than 
 ten dollars and not more than fifty dollars. 
 
 Art. 269. Any person who shall violate any provision of 
 the three preceding articles shall, on conviction thereof, be 
 punished by a fine in any sum not less than ten dollars nor 
 more than fifty dollars. 
 
 Art. 270. That where any hotel, theatre, opera house or 
 other building or structure within the corporate limits of 
 the city of Galveston, either already erected and completed or 
 in course of erection, or that may hereafter be erected, which 
 is used, employed or intended for the accommodation of the 
 public and where people in large numbers or crowds are in- 
 vited or assembled, is so defectively planned or arranged and 
 constructed with reference to the safe and easy exit or escape, 
 in the event of such building or structure catching on fire, of 
 all persons at the time assembled therein, as to render said 
 building or structure unsafe or dangerous to human life or 
 limb, in such an emergency, the same may be declared imsafe 
 and a nuisance ; and on complaint being made to the president, 
 in writing, that such building or structure is unsafe or dan- 
 gerous to human life or limb, and a nviisance, he shall cause 
 the same to be inspected by the chief of the fire department, 
 the city engineer and some architect to be selected by the 
 said president as a board of inspectors ; and if the said build- 
 ing or structure be reported by said inspectors, or a majority 
 of them, to be unsafe or dangerous to human life or limb, the 
 
 143
 
 Art. 271-273. eevised ordinances of the 
 
 president shall lay said report before the board for their con- 
 sideration and action, and shall give five days' notice to the 
 owner or agent of such unsafe or dangerous building or struc- 
 ture to appear before the board and show cause why the same 
 should not be declared unsafe or dangerous and a nuisance ; 
 and if the board adopt the report of the inspectors by a ma- 
 jority of two-thirds, the president shall require the owner or 
 agent of said unsafe or dangerous building or structure to alter, 
 change, repair or otherwise improve the same in such partic- 
 ulars and to such extent as the said inspectors may in their 
 said report state to be necessary to render the said building 
 or structure safe and easy of exit or escape to all persons 
 who may be assembled therein in time of alarm of fire or other 
 exciting cause, giving to such owner or agent twenty days' 
 notice to make such alterations, changes, repairs or other im- 
 provement. 
 
 Art. 371. And if the owner or agent aforesaid shall fail 
 or refuse to comply with the order of the president contained 
 in said notice, or in good faith to set about the making of 
 such alterations, changes, repairs or improvements within 
 twenty days after service thereof on him aforesaid, then he 
 shall be punished by a fine of not less than twenty-five dollars 
 nor more than two hundred dollars for every day that he fails 
 to comply with such order of the president. 
 
 Art. 272. It shall be the duty of the harbor master, chief 
 of police and all policemen to strictly enforce the provisions 
 of this chapter by promptly arresting and prosecuting all vio- 
 lations thereof. 
 
 CHAPTER FIVE. 
 
 OIL AND OIL STORAGE. 
 
 Art. 273. It shall be unlawful for any person to keep, 
 store, manufacture, refine or mix or cause or aid or abet in the 
 keeping, storing, manufacture, refinement or mixing for sale, 
 use, or any purpose whatever, in any one place, store, ware- 
 house, building or tenement or upon or in any yard, lot, street, 
 sidewalk, alley, premises or other locality within the corpor- 
 ate limits of the city, in a quantity exceeding eighty gallons 
 any camphene, illuminating or fuel oil or burning fluid, kero- 
 
 144
 
 CITY OF GALVESTON. ART. 274-275. 
 
 sene, benzine, benzole, naptha, gasoline or any other product 
 by distillation of coal, coal oil, petroleum, asphaltum or shale 
 of peat or any other inflammable oils or fluids of any kind or 
 nature whatsoever, except as is otherwise provided for in this 
 ordinance ; and any person found guilty of violating any pro- 
 vision of this section shall be fined not less than ten nor 
 more than one hundred dollars; and each day upon which 
 this section shall be so violated shall constitute a separate 
 offense. 
 
 Art. 274. That any person desiring to store, keep, manu- 
 facture, refine or mix for sale, use or any other purpose in any 
 one locality within the corporate limits of the city any of the 
 articles named in the first section of this ordinance, in a quan- 
 tity exceeding eighty gallons shall cause such locality, its sur- 
 roundings and all provisions made thereon for the intended 
 purposes to be actually and thoroughly examined, surveyed 
 and inspected by the chief of the fire department and shall ob- 
 tain from him a certificate that he has actually and thoroughly 
 examined, surveyed and inspected such locality, specifically 
 describing the same and the location and character of the 
 building or premises to be used for such purposes and the 
 character and uses and proximity of the surrounding build- 
 ings, if any, within one hundred feet of the place where such 
 article is to be located, and that the premises or buildings 
 in or upon which sucIt article is to be located is provided with 
 suitable tanks, levees, embankments or excavations to keep, 
 store and retain such article and to prevent its overflow or es- 
 cape, and that the contemplated use of such premises will 
 not endanger the adjoining or other premises, in the event 
 of accident or fire. Such certificate shall also state the 
 nature and capacities of such tanks, levees, embankments or 
 excavations, the nature and quantity of the oil, fluid, or other 
 such article to be kept therein and whether for sale or for 
 whatever other use. 
 
 Art. 275. Such certificate of examination, survey and in- 
 spection shall be returned to the president of the board of 
 commissioners, who, if he approves the same, is hereby au- 
 thorized to issue to the person by name, for whom such sur- 
 vey was made, a license or permit to keep, store, manufac- 
 
 145
 
 Art. 276-277. revised ordinances of the 
 
 ture, refine or mix (as the case may be on such premises such 
 articles of the kind and in quantity and for such purposes and 
 in such mode and manner, and under such limitations and con- 
 ditions only as said president shall deem expedient or pru- 
 dent; all of which shall be specifically set forth in such license, 
 cense. Such license shall not be transferable, but shall 
 be subject to revocation whenever the licensee shall 
 violate its provisions or any ordinance or other regula- 
 tion now or hereafter of force, or whenever for other 
 sufficient cause the board of commissioners shall order its 
 discontinuance. During its continuance the person to whom 
 such license is issued may, within its terms, limitations and 
 conditions (but not otherwise, either for himself or any other 
 person), store, keep, manufacture, refine or mix such articles 
 as are therein named. In case the president shall refuse to is- 
 sue such license as is desired, the person desiring the same 
 may apply to the board of commissioners, who may make 
 such order as they deem proper in the premises. 
 
 Every person holding such license shall keep the same 
 hung or posted in some open, conspicuous and convenient 
 place on the premises to which such license applies, so that the 
 same may at any time during business hours be easily seen 
 and inspected, and he shall permit and it shall be lawful for 
 any member of the police force, the police and fire commis- 
 sioner, the chief or the fire department or any person desig- 
 nated by either of them or by the president of the board of 
 commissioners to enter upon such premises at any time and 
 examine and inspect the same or any part thereof and to take 
 samples of any article found thereon. 
 
 Art. 276. No license shall be granted for storing, keeping, 
 manufacturing, refining or mixing any of the articles named in 
 section one of this ordinance upon any wharf nor in any part 
 of a building occupied in whole or in part as a dwelling house, 
 nor above the first floor of any building, unless specially au- 
 thorized by the board of commissioners. 
 
 Art. 277. None of the articles mentioned in article 273 
 of this ordinance shall, except as by this ordinance is other- 
 wise specially provided, be stored or kept otherwise than in 
 tanks made of metal having a thickness of at least one-eighth 
 
 146
 
 CITY OF GALVESTON. AeT. 278-279. 
 
 of one inch and a bursting strength of at least one hundred 
 pounds per square inch, and every such tank shall be provided 
 with suitable means properly arranged to safely and easily 
 carry off all gas generated therein and to prevent communica- 
 tion of fire to the contents through supply pipes or otherwise; 
 and no tank having a capacity exceeding fifteen thousand gal- 
 lons shall be located anywhere within the corporate limits of 
 the city except upon license or permit granted therefor by 
 resolution or ordinance of the board of commissioners. 
 
 Art. 278. Such tanks may be located either above or below 
 ground or partly above and partly below ground, and when 
 located wholly or partly above ground they shall be sur- 
 rounded by" suitable excavations or embankments substantially 
 and securely constructed and of capacity at least double the 
 maximum capacity of such tank, and shall be so placed as to 
 allow free access for external inspection of all parts of such 
 tank. If constructed wholly above ground such tank shall be 
 placed at least one hundred feet from the nearest building; if 
 constructed wholly or partly under ground such tank shall be 
 placed at such distance from the nearest building as the li- 
 cense granted may prescribe, in no case to be less than ten 
 feet. 
 
 That there shall be at least thirty feet of clear space be- 
 tween each such tank as is contemplated by this ordinance and 
 the nearest tank thereto, whether such tank be of the capacity 
 of 15,000 gallons or less. 
 
 Art. 279. Xo such tank shall be located in or under any 
 street, alley or other highway or enclosure space except by 
 special permit from the board of commissioners and under the 
 following conditions and requirements, viz: The capacity of 
 such tank shall not exceed six hundred and twenty-five gal- 
 lons ; it shall be placed wholly underground, the earth, pave- 
 ment, or other surface of the street, sidewalk or alley above 
 such tank shall be firmly supported and maintained free from 
 all contact with such tank and without prejudice, danger or 
 damage to or interference with the public travel and traffic 
 along such street or other lawful use thereof, and shall in no 
 way interfere with or obstruct any underground franchise or 
 rights previously granted for water, gas, sewers, lights or 
 
 147
 
 Am'. 280-282. REVISED ORDINANCES OF THE 
 
 Other purposes : nor shall it be located nearer than ten feet to 
 the nearest building or structure ; and if any building or struc- 
 ture not existing at the time of placing such tank be there- 
 after constructed or placed within ten feet of such tank, then 
 the further use of such tank shall be abandoned and the per- 
 mit or license granted for the location of such tank shall there- 
 upon cease and determine and the owner thereof shall forth- 
 with remove the same at his own expense and restore the 
 ground or place from which it was taken to the condition in 
 which it was before such tank was so located ; and in case the 
 owner shall fail or refuse to so remove such tank and restore 
 the ground or place where such ^ank was located, after notifi- 
 cation by the chief of the fire department to do so, he shall be 
 fined in a sum not exceeding one hundred dollars for each day 
 he so fails to remove such. tank and restore the ground or 
 place, and the city may cause such tank to be removed and 
 the ground or place where located to be so restored at the cost 
 and expense of the owner of such tank. 
 
 Art. 280. All work of excavation for such tank, the con- 
 struction and placing of same in position and of restoring and 
 maintaining the earth, pavement or other surface of such 
 street, sidewalk or alley shall be done as directed by and under 
 the supervision and control of the city engineer and to his sat- 
 isfaction and approval before such tank shall be used. 
 
 Art. 281. That the board of commissioners of the city of 
 Galveston reserve the right at all times to withhold or revoke 
 any such permit as is provided for in this ordinance, and to 
 further restrict and modify the terms and conditions upon 
 which the same may be used or continued according to the 
 risks in any particular case, and to the demands of the public 
 safety and interests. 
 
 CHAPTER SIX. 
 
 SPARK ARRESTERS ON VESSELS PROPELLED BY STEAM. 
 
 . Art. 282. It shall be the duty of every owner, agent, mas- 
 ter or captain of any vessel, boat, tug or craft, propelled in 
 whole or in part by steam, and on which any steam engine or 
 steam boiler is, or is used, immediately upon the arrival of 
 such vessel at any wharf, dock or pier within the port of Gal- 
 
 148
 
 CITY OF GALVESTON. ART. 283-285. 
 
 veston, to cover all funnels and smokestacks securely with a 
 first-class spark arrester or arresters, and any owner, agent, 
 master or captain failing to comply with the provisions of this 
 article, shall, upon the conviction thereof before the recorder 
 of the city of Galveston, be fined as hereinafter provided. 
 
 Art. 383. It shall be the duty of every person owning or 
 operating any steam locomotive, steam engine, donkey en- 
 gine, or stationary engine, on or about the wharves, piers or 
 levees of the city of Galveston, between 7th street on the east 
 and 35th street on the west, and between the north side of 
 avenue A on the south, and the channel on the north, to cover 
 the smokestacks of each and every such steam locomotive, 
 steam engine, donkey engine, or stationary engine securely 
 with a first-class spark arrester, and any person owning or 
 operating such steam locomotive, steam engine, donkey en- 
 gine, or stationary engine without so covering the smoke- 
 stack thereof, upon conviction thereof before the recorder of 
 the city of Galveston shall be fined as hereinafter provided. 
 
 Art. 284. It shall be the duty of every owner, agent, mas- 
 ter or captain of any vessel, boat, tug or craft, immediately 
 upon its arrival in this port, to compel its fire hose and have 
 the same ready for immediate use at all times while in this port 
 and sufficient steam shall be kept up night and day on 
 the donkey engine, -or on one of the main boilers to enable a 
 full stream of water to be turned into any compartment of 
 such boat, tug, vessel or craft at any time ; and, in the event 
 that such vessel, boat, tug or craft shall not be provided with 
 sufiicient hose to reach each and every hatch of said vessel, 
 boat, tug or craft, then it shall be the duty of the owner, agent, 
 master or captain thereof to immediately supply said vessel, 
 boat, tug or craft with sufficient hose so to do, and any fail- 
 ure to comply with either of the provisions of this section 
 shall be punished as hereinafter provided. 
 
 Art. 285. It shall be the duty of every agent, owner, mas- 
 ter or captain of any vessel while loading or discharging a 
 vessel in this port to protect or have protected all hatch- 
 combings so that the cargo as loaded or unloaded shall not 
 come in contact with the combings. Failure so to do shall be 
 punishable as hereinafter provided. 
 
 149
 
 Art. 286-292. revised ordinances of the 
 
 Art. '286. It shall be unlawful for any person to smoke 
 any pipe, cigar or cigarette on the deck or in the holds of any 
 vessel while loading in this port. Any violation of this pro- 
 vision shall be punished as hereinafter provided. 
 
 Art. 287. It shall be unlawful for any person to have, 
 carry, take or use any light, lantern in the hold or holds of any 
 vessel loading or unloading in this port, except such light be 
 a closed and locked lantern ; and any violation of this pro- 
 vision shall be punished as hereinafter provided. 
 
 Art. 288. It shall not be lawful while any vessel is en- 
 gaged in loading cotton, or before her load is complete, in this 
 port, for any person to paint in or about any part of any hold 
 of said vessel ; and any person violating this provision shall 
 be punished as hereinafter provided. 
 
 Art. 289. It shall be the duty of every master of any ves- 
 sel while in this port, and while loading or unloading, to see 
 that, as soon as work is stopped for the day, all hatches are 
 put on and covered with tarpolins ; and, any master violating 
 this provision shall be punished as hereinafter provided. 
 
 Art. 290. It shall be the duty of every master, captain, 
 agent or owner of every vessel of every sort and description, 
 while loading or unloading in this port, to place and keep at 
 or near each hatch or barrel filled with water, to be used only 
 in case of fire, to which said barrel shall be attached two 
 buckets, to be used only in case of fire ; and any master, agent, 
 owner or captain of any vessel loading or unloading in this 
 port violating the provision of this section, or failing to com- 
 ply therewith, shall be punished as hereinafter provided. 
 
 Art. 291. Any person violating any provision of this chap- 
 ter shall, upon conviction of such violation before the recorder 
 of this city, be punished by a fine of not less than five dollars 
 ($5) nor more than fifteen dollars ($15). 
 
 Art. 292. That it shall be unlawful for any person to have, 
 hold or carry upon any wharf, pier, dock or levee of ihe city 
 of Galveston, or any other place where there may be cotton 
 stowed or placed for shipment, any match or matches, unless 
 the same shall be inclosed in a metal box or case. Any person 
 violating the provisions of this article shall be, unon conviction 
 
 150
 
 CITY OF GALVESTON, AET. 293-295. 
 
 of such violation before the recorder of the city of Galveston, 
 fined in a sum not less than five dollars nor more than twent}^- 
 five dollars. 
 
 CHAPTER SE\'EN. 
 
 ERECTION OF FIRE ESCAPES. 
 
 Art. 293. That all buildings, except such as are used as pri- 
 vate residences exclusively, situated within the limits of the 
 cit}^ of Galveston, of three or more stories in height, and used 
 or occupied by ten or more persons, or in which ten or more 
 persons may be employed or engaged, shall be provided with 
 at least one fire escape on each and every outside wall thereof, 
 whether said wall be on the street or on the alley in said 
 city. 
 
 Art. 29-i. Said fire escape shall be constructed of steel or 
 iron, and firmly attached to the said buildings; and shall be 
 so arranged and constructed that safe access may be had 
 thereto from each and every floor above the first or ground 
 floor. And said fire escapes shall be so constructed as to 
 sustain a weight of at least five thousand pounds, and in a 
 good and substantial manner, subject to the approval of the 
 chief of the fire department. 
 
 Art. 295. It shall be, and is hereby made, the duty of the 
 chief of the fire department of the city of Galveston to in- 
 spect and examine all such buildings, within the limits of 
 the said city of Galveston, acting within the provisions of 
 this ordinance. And upon finding that any such building is 
 without a fire escape, said chief may, and it is hereby made 
 his duty, by written notice served upon the owner, lessee 
 or occupant of any such building, by leaving with such 
 owner, lessee or occupant, at his or their residence or place 
 of business, a copy of such notice — to require such owner, 
 lessee or occupant, or either of them, to cause such fire 
 escape to be placed upon such building within thirty days 
 from and after the service of such notice; provided, how- 
 ever, that all buildings more than two stories in height and 
 used for manufacturing purposes, shall have one suitable 
 fire escape for every twenty-five persons or more employed 
 above the second story. 
 
 12— 151
 
 Art. 296-299. revised ordinances of the 
 
 Art. 296. Any owner, lessee or occupant, or either of 
 them, of an}^ building now constructed within the limits of 
 the city of Galveston who shall refuse to provide fire es- 
 capes in the number and of the construction herein provided 
 for, within sixty days after the service of notice provided 
 for in the preceding section, shall be deemed guilty of a 
 misdemeanor; and upon conviction thereof, before the re- 
 corder of this city, shall be fined in a sum not less than ten 
 dollars ($10) nor more than fifty dollars ($50) ; and each 
 day that any building, after the limit herein provided, shall 
 be allowed to remain without such fire escapes, shall con- 
 stitute a separate offense. 
 
 Art. 297. It shall be unlawful to hereafter erect in this 
 city any building of the description herein contained, without 
 providing said building with fire escapes in the number and 
 of the construction herein provided ; and the erection of 
 such building, without such fire escapes, shall be deemed a 
 misdemeanor, and the owner of such building, upon con- 
 viction thereof, before the recorder of this city, shall be 
 fined in a sum not less than ten dollars ($10) nor more than 
 fifty dollars ($50) ; and each day that any such building is 
 allowed to remain without such fire escapes, shall constitute 
 a separate offense. 
 
 CHAPTER EIGHT. 
 
 SMOKE STACKS. 
 
 Art. 298. That whenever within the fire limits of the city 
 of Galveston, there is erected any smokestack or pipe from 
 which there is emitted smoke from any boiler, engine, or 
 pipe, laundry or steam or electric generating machinery, such 
 pipe or stack shall be raised to a sufficient height to carry 
 the smoke discharged therefrom, above and over adjoining 
 buildings and buildings within a distance of three hundred 
 feet from said pipe or stack. 
 
 Art. 299. A failure to so erect anv such pipe or stack 
 within the fire limits, shall be deemed a misdemeanor and, 
 upon conviction thereof before the recorder of the city of 
 Galveston, the owner or lessee of the building in which said 
 stack or pipe is erected shall be fined in a sum not to exceed 
 
 152
 
 CITY OF GALVESTON. ART. 300-022. 
 
 twenty-five dollars for each day which said pipe or stack 
 is allowed to remain in a condition violative of the provisions 
 of this ordinance. 
 
 Art. 300. All pipes or smoke stacks heretofore erected and 
 now within said fire limits are hereby declared to be nuisances 
 and thirty days from the passage of this ordinance is hereby 
 given within which to erect or repair the same in accord- 
 ance with the provisions hereof; and any person, firm or 
 corporation owning or controlling such a pipe or smoke stack 
 and failing to bring the same within the provisions of this 
 ordinance within the time herein specified, shall be deemed 
 guilty of a misdemeanor and, upon conviction thereof, shall 
 be fined in a sum not to exceed twenty-five dollars, and each 
 day after thirty days from the passage hereof which any 
 such pipe or stack is allowed to remain shall be deemed a 
 separate offence. 
 
 TITLE VII. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIOnS. 
 
 Art. 301. All butchers' meats of every kind — that is to 
 say, fresh beef, veal, mutton, pork and the like, shall be 
 brought to the present markets, and such other markets as 
 may from time to time be established by the board, to be 
 sold and disposed of ; and every person who shall sell, ex- 
 pose or offer for sale any of the above mentioned meats in 
 the streets, or elsewhere than in the said market or markets, 
 without permission of the board, shall be subject to a fine of 
 not exceeding twenty dollars for each and every offense. 
 
 Art. 302. That from the first day of April until the first 
 day of October in each year the markets for the sale of 
 meats, vegetables, fish and other articles shall not be open be- 
 
 153
 
 Art. 303-304. revised ordinances of the 
 
 fore the hour of three o'clock a. m., and shall be closed at 
 nine o'clock a. m. ; and from the first day of October to 
 the first day of April said markets shall not open before 
 the hour of four o'clock a. m. and shall be closed at ten 
 o'clock a. m. The closing of the market shall be announced 
 by the market bell, which it shall be the duty of the chief of 
 police to cause to be rung; and any person selling meat, 
 vegetables, fish and other articles in said markets when the 
 same are not open in conformity herewith, shall be liable 
 to a fine not exceeding ten dollars for each offense ; provided, 
 that nothing herein contained shall prevent butchers from 
 bringing meat to market and cutt^^ing up the same before the 
 opening of the markets, or prevent those from vending vege- 
 tables, fish and other articles from bringing the same to said 
 markets before the opening thereof. 
 
 Art. 303. The stalls in the city markets shall not (without 
 the permission of the board) be used for sale of anything 
 except butchers' meats, vegetables, fruits, fish, game, poultry 
 and eggs; and any person violating the provisions of this 
 article shall incur a penalty of not exceeding twenty-five 
 dollars for each and every offense. 
 
 Art. 304. The board shall annually, in the month of No- 
 vember, appraise and fix the minimum rent to be paid per 
 annum for the stalls and stands in the city markets, specify- 
 ing the respective value of the stalls for meat and vegetables, 
 and the stalls and stands for fish, coff'ee, etc., and shall cause 
 said appraisement to be entered on the journal of their 
 proceedings ; and it shall be the duty of the city collector, 
 on the fifteenth day of December (or, if the same shall be 
 on Sunday, then on the next preceding day), in each and 
 every year, after having given at least ten days' public notice, 
 by advertisement, to proceed to rent the said stands and 
 stalls at public auction, to the best and highest bidder there- 
 for, over and above the minimum value assessed and fixed 
 by the city council, for one year from the first day of January 
 thereafter; but no bid shall be received from, and no stand 
 or stall rented to any person or persons then owing rent to 
 said city for any stand or stall. The rent for such stands 
 or stalls shall be payable monthly in advance, and in letting 
 
 154
 
 CITY OF GALVESTON, ART. 305. 
 
 the same the city shall reserve the right of terminating any 
 lease in case of default in the punctual payment of any 
 installment of rent, and of immediately taking possession of 
 any stand or stall for which the same is due. The person 
 renting said stands or stalls, at the time of renting the 
 same, shall pay to the city collector the amount, if any, 
 bid over and above the minimum value fixed by the board. 
 At the time of renting the stalls the city collector shall re- 
 quire the person who bids off a stall to pay one month's 
 rent, to be applied as part payment of the rent therefor, and 
 the money so paid shall be forfeited to the city in case such 
 person shall fail to take such stall. And if any bidder shall 
 fail to pay such sum, as herein provided, the cit}^ collector 
 shall immediately sell the stall again, commencing at the 
 next highest bidder. And no lessee of any stall shall be 
 allowed, under any circumstances, to sublet his stall, or 
 any portion thereof, to any other person or persons, without 
 the consent of the board. Whenever the rent, or an}^ part 
 or installment thereof, for any stand shall be due and un- 
 paid, the lease for such stand or stall shall at once cease 
 and terminate, and the city collector shall give notice thereof 
 to the chief of police, who shall immediately take possession 
 of such stand or stall and hold the same for the city, and 
 thereupon the city collector shall post a notice upon such 
 stand or stall, declaring the same to be vacant, and shall 
 proceed to rent the same for the unexpired term ; provided, 
 that persons who have rented stalls and stands, and oc- 
 cupied the same for a year or more, shall have the privilege 
 of renewing their lease from year to year upon application 
 to the city collector and paying the rent in advance; pro- 
 vided, the lessees are not in arrears to the city for stall rent. 
 Art. 305. That the board shall, on the first day of Janu- 
 ary of each and every year, unless the same shall happen to 
 be on Sunday (in that case on the Saturday preceding), con- 
 tract with some competent person or persons to clean and 
 light the first and third ward market houses at such rates 
 of compensation as may be agreed upon; provided, that for 
 the first ward market the compensation shall not exceed nine 
 hundred dollars per annum, and for the third ward market 
 
 155
 
 Art. 306-307. revised ordinances of the 
 
 twelve hundred dollars per annum. And the contractor 
 or contractors shall be required to give bonds in the sum 
 of five hundred dollars for each of said markets, for the 
 faithful performance of the contract or undertaking. 
 
 Art. 30(). It shall not be lawful for any person or persons 
 to stop or encumber the streets or passage ways in or about 
 the market with stands, tables, vehicles, or in any other 
 manner, except in those cases where the privilege to do so 
 is granted and rented by the board or by its authority, and 
 it shall .be unlawful for any person to injure, swing upon 
 or otherwise interfere with the ropes, , tackle or other articles 
 belonging to the butchers or other persons in the city market. 
 It shall be unlawful for any person who shall occupy any 
 of the stalls in the markets, or any other person, to chop 
 on any of the planks used for counters. It shall be unlaw- 
 ful for any person or persons to occupy any stand or stall 
 in the markets without first having paid the rents on same. 
 Any person who shall violate this article shall be fined in 
 any sum not more than ten dollars. 
 
 Art. 307. Whensoever any person or persons may desire 
 to establish a private market for the sale of fresh meat 
 within the corporate limits of the city of Galveston, said 
 person or persons shall make application in writing to the 
 board for the privilege, stating the length of time and the 
 place where said market is to be established. The time for 
 which said market privilege is granted shall be for not less 
 than three months and not more than twelve months. And 
 if such privilege is granted by the board, in whole or in 
 part, each and every person, or firm of persons, accupying 
 such market for the sale of fresh meat, shall pay the sum of 
 twenty-five dollars per annum, quarterly in advance, and 
 shall cause to be posted, in a cons])icuous place in said market. 
 a receipt for such payment. All private markets shall be 
 governed by and stand under the ordinances, rules and regu- 
 lations of the city, and all market privileges hereafter granted 
 shall be for a term not to extend beyond the next first day 
 of January succeeding. Any person who shall establish a 
 private market without complying with this article, or shall 
 violate any provision of the same, shall be fined in any sum 
 
 156
 
 CITY OF GALVESTON. AeT. 308-311. 
 
 not less than ten dollars nor more than fifty dollars for each 
 and every ofifense, and each day that any of the provisions 
 of this article are violated shall constitute a separate ofifense. 
 
 Art. 308. That all persons are forbidden to stand, sit or 
 lie on the stands or stalls of the market under a penalty of 
 five dollars for each offense ; and that any person who shall 
 disobey any order of the market inspector, or any officer 
 of the police, which he is hereby authorized to make, regu- 
 lating said markets, shall be fined ten dollars. 
 
 Art, 309. That it shall be the duty of the market inspector 
 and officers of the police to see that no offense is perpetrated 
 against the occupants of stalls, stands or tables in any of the 
 markets ; to keep order in the market ; to arrest all persons 
 who disturb the public peace, and to conduct them before 
 the recorder, to be punished according' to law. 
 
 Art. 310. That all vendors of meats, fish, vegetables, fruits, 
 etc., within the limits of said markets shall be recpiired to 
 throw the daily refuse of their stalls and stands into barrels 
 or tubs, to be provided by the said vendors, which shall be 
 disposed of as in case of other daily offal. That any vendor 
 in said markets who shall throw, or cause to be thrown any 
 meat, fish, vegetables or fruit, whether decayed or otherwise, 
 into any of the streets or guttters adjoining said market, shall 
 be liable to a fine of not less than five nor more than twenty 
 dollars for each offense. 
 
 Art. 311. That no private market for the sale of fresh 
 meat or fish shall hereafter be established within the follow- 
 ing boundaries of the city of Galveston, to-wit : Between 
 Fifteenth street on the east and Twenty-fifty on the west, 
 and between Avenue K on the south and the channel of 
 Galveston bay on the north ; provided, however, that all 
 renters of stalls for the sale of fresh meats or fish in the 
 third market house may, on application in writing to the 
 board for privilege, keep open market for the sale of 
 fresh meats or fish, at their respective places of business within 
 said limits, during and after the market hours prescribed in 
 article 302 of this chapter. Any person violating the pro- 
 visions of this article, by selling either fresh meats or fish 
 within the limits herein stated without the permission of 
 
 157
 
 Art. 312-316. revised ordinances of the 
 
 the board to do so, which shall be given whenever such per- 
 son shall apply therefor, showing that payment of stall rent 
 in the third ward market for one year has been made to the 
 city of Galveston, shall be fined in the sum of fifty dollars 
 for each day on which such sales shall have been made. 
 
 Art. 312. That whensoever any person or persons may 
 desire to establish a private market, stand or stall for the 
 purpose of selling vegetables within the following boundaries, 
 to-wit: Between Fifteenth street on the east, and Twenty- 
 fifth street on the west, and Avenue K on the south, and 
 the channel of the bay on the north, said person or persons 
 shall make application in writing to the board for the privi- 
 lege of establishing such market or stall, stating the locality 
 and the length of time for which said privilege may be 
 granted. 
 
 Art. 313. That any person or persons who shall establish 
 a private market without complying with the preceding 
 article, or shall violate any provisions of the same, shall be 
 fined in any sum not less than five dollars -nor more than 
 ten dollars for each and every offense. 
 
 Art. 314. That this ordinance shall apply to all persons 
 who may desire to sell vegetables, game or fish from carts, 
 wagons or other vehicles, within the boundaries named in 
 article 311 of this ordinance. 
 
 Art. 315. Any person violating any provision of this 
 chapter wherein some other penalty is not affixed, shall be 
 fined in any sum not less than ten dollars, and an additional 
 sum of five dollars for each day the offense shall continue. 
 
 Art 316. That hereafter it shall be unlawful for au}- 
 person to retail fish between the hours of three and nine 
 o'clock a. m. at any place within the limits prescribed in 
 article 311, except in a stall or place rented for that pur- 
 pose in the city hall market house, after having paid rent 
 therefor. Any person who shall violate the provisions of 
 this article shall, on conviction, be fined not less than five 
 nor more than fifteen dollars, and each and every day any 
 such violation shall continue or occur shall constitute a 
 separate offense. 
 
 158
 
 CITY OF GALVESTON. ART. 317-319. 
 
 TITLE VIII. 
 
 CHAPTER OXE. 
 
 RULES CONCERNING. 
 
 Art. 31T. No ordinance shall be amended by its reference 
 to its title and date and the number of the section or article, 
 or by reference to the subject matter only, but the particular 
 article or section designated to be amended shall be re- 
 ordained at length, incorporating the amendments. 
 
 Art. 318. Words used in ordinances or resolutions in the 
 past or present tense shall also include the future ; the mascu- 
 line gender shall include the feminine and neuter ; the singular 
 number shall include the plural and the plural the singular. 
 The word person includes a corporation ; the term writing in- 
 cludes printing. The word "council" or "city council" shall 
 mean the "board of commissioners." The word "board" shall 
 mean the "board of commissioners." The word "president" 
 shall mean the "president of the board of commissioners." 
 And the words "assessor" or "collector" shall each mean "the 
 assessor and collector." The word "city clerk" shall mean 
 the "secretary." The ^yord "mayor" shall mean the "presi- 
 dent of the board of commissioners." 
 
 FRANCHISES. 
 
 Art. 319. Xo franchise, or right in relation to any high- 
 way, avenue, street, lane or alley either on or above or below 
 the surface of the same or in relation to any island or land, 
 whether covered by water or not, that may belong to or be 
 claimed b}^ the city of Galveston, shall be granted to aii}^ 
 person or corporation for a longer period than fifty years, 
 nor without provisions made in such grant by way of for- 
 feiture thereof or otherwise for the purpose of compelling 
 .compliance with the terms of such grant and to secure 
 
 159
 
 Art. 319. revised ordinances of the 
 
 efficienc}^ of public service at reasonable rates and the main- 
 tenance of the property in good condition throughout the full 
 term of the grant ; nor shall such grant be made or con- 
 sidered by the board until it is distinctly specified and em- 
 bodied in the form of a brief advertisement and ordinance 
 directing such advertisement to be published at the expense 
 of the applicant for at least three. days in the official journal 
 of the city, and before the passage of such ordinance direct- 
 ing such advertisement, the proposed specific grant shall also 
 be embodied in the form of an ordinance wherein in ad- 
 dition to the grant itself and all terms and conditions desired 
 in relation thereto, it shall be distinctly provided, (a) that 
 the city does not part with but expressly reserves the right 
 and duty at all times to exercise in the interest of the pub- 
 lic full superintendence, regulation, and control over the sub- 
 ject of the grant, and especially in respect to all matters 
 connected with the police powers of said city ; (b) ample 
 provision by way of forfeiture of the grant or otherwise for 
 the purpose of compelling compliance with the terms of the 
 grant and to secure efficiency of public service at reason- 
 able rates and the maintenance of the property in good con- 
 dition throughout the full term of the grant ; (c) full and 
 specific provisions as to rates, fares and charges if the grant 
 provides for or contemplates the charging of rates, fares and 
 charges. No such grant shall be made until such ordinance, 
 in due and complete form, is presented to the board, ac- 
 companied by written application signed by the person seek- 
 ing the grant and stipulating and agreeing to abide l)y. ob- 
 serve and perform all rules and regulations made or to be 
 made concerning the subject of the grant, its uses and main- 
 tenance whether with reference to rights of the city or of 
 the public touching the property or land affected or other- 
 wise. 
 
 160
 
 CITY OF GALVESTON. ART. 320-323. 
 
 TITLE IX. 
 
 CHAPTER ONE. 
 
 ORGANIZATION. 
 
 Art. 320. That there is hereby created and established in 
 and for the city of Galveston, a police department, to be com- 
 posed of a chief of police, two sergeants, and such number 
 of patrolmen or policemen as the board may deem necessary, 
 said officers and members of said police department to be 
 appointed, and their compensation and duties to be fixed, 
 defined and regulated as provided by the provisions of the 
 city charter. 
 
 Art. 321. In case of the absence, sickness, suspension or 
 other disability of any member of the police department, 
 the chief of police shall have the power to appoint super- 
 numerary officers, as substitutes therefor, who shall take 
 the oath of office prescribed herein for other officers, and 
 perform such duties as may be required of them by the chief 
 of police, and shall receive the same pay as regular police- 
 men while on duty. 
 
 Art. 322. The chief of police shall have the power to sus- 
 pend any officer or subordinate in the police department, for 
 disobedience of orders, insubordination, neglect of duty, or 
 any other violation of the rules of the department, and during 
 such suspension he shall fill the vacancy, if necessary, by 
 temporary appointment, until the matter of such suspension 
 can be acted upon by the police commissioner, to whom he 
 shall immediately report the same, with his reasons for his 
 action. 
 
 CHAPTER TWO. 
 
 DUTIES AND POWERS OF POLICEMEN. 
 
 Art. 323. It shall be the duty of the policemen of the cit}^ 
 to be obedient to orders and directions of the president, com- 
 
 161
 
 Art. 324-325. revised ordinances of the 
 
 municated to them through the chief of police, or in person, 
 or delivered in writing, and to keep a faithful watch and ward 
 in the districts which may be assigned them ; and it shall 
 further be the duty of each of them, upon the discovery of 
 fire, to give the alarm thereof immediately, and to ring the 
 alarm bell at the market house; and it shall further be the 
 duty of said policemen, and each and every one of them, to 
 apprehend and detain all offenders against the peace, and all 
 persons who may obstruct and endanger them, or any of 
 them, in the execution of their office, or who shall be guilty 
 of any disorderly conduct, or shall be engaged in any riots, 
 unlawful assemblages, outcries, noises or other disturbances 
 whatsoever, or who shall aid, abet or assist others in the 
 commission of either of said offenses ; and for this purpose 
 the said policemen, and either of them, are authorized to 
 enter any dwelling house, store, grocery or other building 
 where any person may take refuge or be, who have during 
 the night, in their presence or hearing, committed any felony 
 or breach of the peace, or where any felony or breach of the 
 peace is about to be committed, or where any noise, or alarm, 
 outcry or disturbance shall be made, in like manner as the 
 president, policemen, constables and other peace officers are 
 authorized by law. 
 
 Art. 32-i. It shall be unlawful for any person or persons 
 to obstruct, prevent or interfere with, or attempt to obstruct, 
 prevent or interfere with the chief of police, or other police 
 officer, in the lawful discharge of his duty within the limits 
 of the city of Galveston ; and any person or persons con- 
 victed of so offending shall be fined in a sum of not exceed- 
 ing one hundred dollars, and not less than ten dollars fcr 
 each and every offense, to be recovered before the recorder 
 of said city. 
 
 Art. 325. The chief of police shall assign to each police- 
 man his round and duty, and may order any of them to render 
 service in any ward wherever, in his opinion, the occasion 
 shall require it; he shall report monthly to the board the 
 time actually served by each policeman, the time absent, and 
 such other information as he deems proper, or as may from 
 time to time be required by the board. He shall also see 
 
 162
 
 CITY OF GALVESTON. AUT. 326-380. 
 
 that the policemen are provided with the proper arms and 
 equipments which the emergency shall require, and that they 
 perform their duties, and shall report every failure promptly 
 to the president, whose orders as to police service he shall, 
 as far as practicable, cause to be faithfully executed. 
 
 Art. 326. AVhenever any penalty or fine is imposed for a 
 violation of an ordinance in this city, it shall be the duty of 
 the chief of police to cause the same to be enforced. 
 
 Art. 327. It shall be unlawful for any person or resident 
 of Galveston to make use of or blow a whistle similar to 
 that used by the city police (with a pea in the end of it), 
 and that any person or persons caught in this act shall be 
 fined not less than five dollars nor more than one hundred 
 dollars. 
 
 CHAPTER THREE. 
 
 recorder's COURT. 
 
 Art. 328. Proceedings before the recorder for violations 
 of the city ordinances or laws shall be instituted or 
 commenced by filing a written complaint, specifying 
 the charge made against the person accused with reasonable 
 certainty, which information or complaint shall be sworn to, 
 unless the same be made and presented by an ofBcer of the 
 city government, in which case it need only be in writing. 
 
 Art. 329. The appearance of the person accused to an- 
 swer said charge shall be coerced by a summons, or a warrant 
 of arrest, as, in the opinion of the recorder, the exigency of 
 the public service may require, whi.ch process shall be ex- 
 ecuted by a policeman of said city in a like manner as process 
 from a justice's court; provided, however, that nothing herein 
 shall be so construed as to prevent any policeman of the 
 city making arrest without process for any breach of the 
 city laws, committed in his presence and view, or in any of 
 the contingencies in which a sheriff, coroner or other ex- 
 ecutive officer of the State would, by the laws of the State, 
 be justified in so doing. 
 
 Art. 330. The secretary shall keep a docket, in which 
 he shall enter all informations and complaints made before 
 the recorder for infractions of the city ordinances, entering 
 
 163
 
 Art. 331-334. revised ordinances of the 
 
 the substance thereof and the time when made or filed, the 
 process issued thereon, when the same is returnable, and 
 the return thereof, and he shall also enter the time of the 
 trial of such information or complaint, and the judment of 
 the recorder thereon. 
 
 Art. 331. Process to compel the appearance of witnesses 
 shall be issued by the recorder upon the application of the 
 complainant or informant, or of the person charged, in the 
 same manner as like processes or trials before the justice of 
 the peace, which process shall be served by a policeman, or 
 by the parties who shall apply therefor; provided, that re- 
 turns of service, when made by persons other than the police- 
 man, shall be under oath. 
 
 Art. 332. Upon all trials of such complaints or informa- 
 tions before the recorder, if either party, that is to say, the 
 complainant or informant on the one side, or the person 
 accused or charged upon the other, shall demand a trial by 
 jury, it shall be the duty of the recorder to issue his writ to 
 a policeman to summon a jur}- conforming in all things, 
 as well with respect to the qualifications of the persons 
 selected to act as jurors, as the summoning and impaneling 
 and the compensation of such jurors, to the statutes of the 
 State of Texas i-egulating juries in the courts of the justices 
 of the peace. 
 
 Art. 333. The recorder shall be, and is hereby authorized, 
 in the exercise of a sound discretion, to suspend the collec- 
 tion or inflicting of any pecuniary or other penalty, until 
 after the next meeting of the board, when he shall report 
 the case, together with the alleviating circumstances thereof, 
 for the action of the board. 
 
 Art. 334:. Whenever any fine shall be imposed on any 
 person for the violation of any ordinance of the city, and 
 the fine and costs therein adjudged shall not be paid, the 
 person upon whom such fine is imposed shall be confined 
 in prison at the rate of one dollar per day until said fine and 
 costs are paid, or the recorder may, in his discretion, enter 
 such penalty in the alternative, naming the term of imprison- 
 ment in case of non-payment, not to exceed the rate herein 
 named. 
 
 164
 
 CITY OF GALVESTON, ART. 335-339, 
 
 Art, 335. The minimum fine imposed by the recorder shall 
 not be less than one dollar in any case ; and in all cases where 
 no penalty is fixed for the violation of any provision of the 
 ordinances of the city, the recorder is authorized to impose 
 a fine not exceeding ten dollars. 
 
 Art. 336. That all ofifenders against any ordinance of this 
 city, found guilty by the recorder thereof, and who may 
 hereafter be sentenced to imprisonment, shall be compelled 
 to labor on the streets and alleys of said city, or on any 
 public work thereof, that is to say, from 8 o'clock in the 
 forenoon until 12 m. or noon, and from 2 o'clock p. m. until 
 (i o'clock p. m., of each and every day, other than Sunday, 
 for the period provided for his, her or their sentence ; pro- 
 vided, that, in case of refusal to work (except for actual sick- 
 ness) or for any refractory conduct, the chief of police is 
 authorized to place upon such ofifender a ball and chain, and 
 in that condition said offender is to be made to work ; pro- 
 vided, further, that in case of a continued refusal to work, 
 said offender shall be further punished as is hereinafter pro- 
 vided. 
 
 Art, 337. That, in compelling obedience to provisions of 
 the preceding article, the chief of police, or any police officer 
 of said city, may use such reasonable force as will not amount 
 to cruel or unusual punishment ; but great care shall be taken, 
 in all cases, of the health and comfort of all prisoners, and 
 especially of those not sentenced to imprisonment. 
 
 Art. 338. That, in case any person legally imprisoned, or 
 sentenced to labor upon the streets, shall escape, or refuse, 
 except for sickness, to perform such labor, the period elapsing 
 between his escape or his refusal to work, as aforesaid, and 
 the time he is retaken or returns to labor, shall not be com- 
 puted as a portion of the term of his punishment; and any 
 person escaping from imprisonment may be again arrested 
 without warrant, notwithstanding the term for which he was 
 imprisoned may have expired at the time he was so rearrested. 
 
 Art. 339. It shall be the duty of the officer having in 
 charge any offender who may have escaped or refused to work 
 upon the streets, after having been legally sentenced to such 
 punishment, so soon as the number of days of his original 
 
 165
 
 Art. 340-342. revised ordinances of the 
 
 sentence shall have expired, to take such person before the 
 recorder, whose duty it shall be to inquire into the facts of 
 such escape or refusal to labor, and to that end to hear evi- 
 dence, if offered, as in other cases, both for and against the 
 accused; and in case it shall be found that, in consequence 
 of said escape, or unlawful refusal to work on the streets, 
 any part of his original term of punishment has not been 
 fulfilled, said offender shall be sentenced to imprisonment or 
 labor, as the case may be, a sufficient number of days to 
 complete said term. 
 
 CHAPTER FOUR. 
 
 CONCERNING JURY FEES. 
 
 Art. 340. That it shall be the duty of the secretary to 
 issue jury scrip to any juror serving, or remaining unpaid 
 for services rendered as a juror at any time within the last 
 year, in any recorder's court of this city, or which may here- 
 after be rendered b}^ any juror in such court or courts, at 
 the same rates that jurors receive in the justices' courts; 
 and that such scrip shall be drawn on the chief of police, 
 and shall be paid by him out of any funds which are or may 
 come to his hands from fines, jury fees or penalties col- 
 lected by him, and all such scrip, paid or taken up by him 
 to any juror, may and shall be turned in by him in settling 
 his accounts with the treasurer. 
 
 Art. 341. No officer shall traffic in the same, directly or 
 indirectly, or in any manner acquire an interest in such scrip, 
 either by direct or indirect purchase or contract. 
 
 CHAPTER FIVE. 
 
 COSTS TO BE CHARGED AND COLLECTED IN THE RECORDER'S COURT, AXD 
 THE MANNER OF COLLECTION AND DISPOSITION THEREOF. 
 
 Art. 342. That of and from any person who may here- 
 after be arraigned in the recorder's court for a violation of 
 any law or ordinance of the city of Galveston, or of the State, 
 and adjudged guilty thereof, there shall be taxed in the cause 
 and charged to and collected from every such person who may 
 be defended therein — whenever all or any of the following 
 
 166
 
 CITY OF GALVESTON, ArT. 348-;545, 
 
 proceedings are had or process issued— the following costs, 
 respectively, for such proceedings or process, to-wit : 
 
 Docketing cause, twenty-five (25) cents. 
 
 Filing papers, each ten (10) cents. 
 
 Entering appearance, each, fifteen (15) cents. 
 
 Entering continuances, each, twenty-five (25) cents. 
 
 Swearing witnesses, each, ten (10) cents. 
 
 Oaths and certificates, each, twenty-five (25) cents. 
 
 Entering recognizances, each, fifty (50) cents. 
 
 Swearing jury and entering verdict, fifty (50) cents. 
 
 Entering orders, each, fifty (50) cents. 
 
 Entering judgment, fifty (50) cents. 
 
 Entering plea, sevent3^-five (75) cents. 
 
 Entering motion, ten (10) cents. 
 
 Taxing costs, twenty-five (25) cents. 
 
 Entering judgment nisi, fifty (50) cents. 
 
 Issuing capias or warrant of arrest, fifty (50) cents. 
 
 Issuing attachments, fifty (50) cents. 
 
 Jury fee, three (3) dollars. 
 
 Jury fee — Commitment, one (1) dollar. 
 
 Art. 3-13. That the costs hereinbefore provided for, or 
 so much thereof as may be incurred in any case, shall be 
 included in and constituted a portion of the judgment ren- 
 dered, and shall be collected by the chief of police and by 
 him paid into the city treasury for the use and benefit of 
 the city. 
 
 Art. 344. The provisions of the foregoing article shall 
 be applicable to the violations of the city ordinances, and 
 of misdemeanors or offenses under the State laws which 
 the recorder has, as ex-officio justice of the peace, juris- 
 diction to hear and determine. 
 
 Art. 345. That in all cases of conviction before the re- 
 corder, the chief of police is charged with the duty of en- 
 forcing the judgment of the court, either by collection of 
 the fines and costs or by the confinement of those convicted 
 in accordance with the ordinances of the city, should they 
 fail or refuse to pay the fines and costs adjudged against 
 them. 
 
 13- 167
 
 Art. 346-348. revised ordinances or the 
 
 Art. 346. All costs earned by any member of the police 
 department in any case before any justice of the peace shall 
 be collected and paid into the city treasury by the chief of 
 police. 
 
 CHAPTER SIX. 
 
 OFFENCES AGAINST PUBLIC PEACE. 
 
 Art. 347. It shall be the duty of every keeper of a cofifee 
 house, restaurant, grog shop, or tippling house, the pro- 
 prietor or keeper of all billiard tables, nine or ten-pin alleys, 
 and of every other person or persons, keeping a public house, 
 to keep good order within the same, and to prevent all 
 persons who may be therein from disturbing the peace and 
 tranquility of the neighborhood by cries, vociferations, songs 
 or any noise or disturbance whatever ; and every person keep- 
 ing any of the above enumerated houses, who shall permit 
 or tolerate such disorder within his or her house, shall be 
 subject to a fine of not less than ten dollars nor exceeding 
 one hundred dollars ; and in every case where from repetition 
 of such disorders, noises or disturbances, such house may 
 be considered, in the opinion of the president, an ill-gov- 
 erned and disorderly house, and tending to the disturbance 
 of the public peace and tranquility of the neighborhood, the 
 president may, upon complaint, revoke any license which may 
 have been issued to the keeper thereof, and if such person 
 be aggrieved by the action of the president in the premises, 
 he may appeal to the board. 
 
 Art. 348. An}^ person who shall be guilty of fighting, 
 striking, assaulting, assault and battery, or of any unlawful 
 violence upon the person of another, or of quarreling, or 
 any riotous, disorderly conduct, in the streets, houses, or 
 elsewhere within the limits of said city, or shall be guilty 
 of abusing, provoking or disturbing, either by words or action, 
 any person or persons going or walking in any street, road 
 or public way, or elsewhere, or shall show or expose in 
 public any sign, writing, drawing, print, caricature, statue, 
 or other object which may excite scandal, or disturb the public 
 peace ; or shall break down, disturb, or injure, or carry away, 
 any fence, or any part thereof, or the steps, or the doors of 
 
 168
 
 CITY OF GALVESTON. ART. 349-350. 
 
 houses, without being authorized by the owners ; or shall de- 
 face, break, or carry away, any signboard or plate indicating 
 the occupation or business of any person ; or shall intrude or 
 trespass upon the premises of another without consent of 
 the owner or occupant, he, she or they so offending against 
 any of the provisions hereof shall, for each and every offense, 
 be subject to a fine of not less than five dollars nor more 
 than one hundred dollars, to be recovered before the recorder 
 or any court of competent jurisdiction; and such person so 
 offending shall moreover be liable to be required to give 
 a bond for his, her or their good behavior, and to keep the 
 peace for a term of not less than twelve months ; provided, 
 the bond so required shall not be less than one hundred 
 dollars, nor more than five hundred dollars. 
 
 Art. 349. If any person or persons shall insult, disturb 
 or molest any religious meeting assembled for worship, or 
 any other meeting assembled for any other purpose, con- 
 nected with religious, benevolent, educational or other like 
 lawful purpose, by any riotous or disorderly conduct, in or 
 near the place where such meeting is being held, by any 
 noise, tumult, loud cries, vociferations, blowing of horns, sing- 
 ing or making any other noise or disturbance whatever, with 
 the intent or purpose to interrupt, harass, vex, annoy or 
 interfere with such meeting, he or they so offending shall 
 be punished by a fine not less than twenty-five dollars nor 
 more than one hundred dollars, and may be imprisoned not 
 exceeding thirty days, or by both fine and imprisonment, at 
 the discretion of the recorder; and it is hereby made the 
 duty of the chief of police, and of every other officer of the 
 city police, upon view of the commission of -any offense pro- 
 vided against in this article, to arrest the offender or offend- 
 ers, and take him or them before the recorder, and enter the 
 complaint against them ; provided, that all complaints for 
 violation of this article be made within thirty days after the 
 commission of the offense. 
 
 Art. 350. All vagrants, idle or disorderly persons, all per- 
 sons of evil life or ill-fame ; all such persons as have no 
 visible means of support, or are likely to become chargeable 
 to the city as paupers ; all persons who may be found begging, 
 
 169
 
 ATIT. 351. REVISED ORDINANCES OF THE 
 
 or drunk in and about the streets, or loitering in and about 
 tippling houses, and who can show no reasonable course of 
 business in the city; all who have no fixed place of residence, 
 but who are found strolling and wandering about ; all who 
 are grossly indecent in language or behavior publicly in the 
 streets; all public prostitutes, or such as lead a notorious, 
 lewd or lascivious course of life, and all professional gamblers, 
 shall be deemed and considered offenders against the peace 
 and good order of the city; and it shall be the duty of the 
 chief of police, and all other police officers of the city, to 
 arrest all such persons as aforesaid, and take and carry them 
 before the recorder for examination ; and if, upon examina- 
 tion, the person or persons so arrested, shall be found to 
 have violated any of the provisions of this article, such person 
 shall be fined in any sum not exceeding ten dollars, and shall 
 be further required to give security, to keep the peace, and 
 be of good behavior, for a reasonable time, not exceeding 
 twelve calendar months; and, moreover, to indemnif}- the 
 said city against any charge for his, her or their support; 
 and in case of refusal or inability to pay such fine or to 
 give such security, the person or persons so refusing, or 
 found unable, shall be committed to some place of con- 
 finement for a limited time, not exceeding fifteen days, ac- 
 cording to the nature of the offense, unless the fine be paid 
 and the security required be sooner given ; provided, that 
 the security required shall, in no case, exceed five hundred 
 dollars. 
 
 Art. 351. That any person found sleeping in any street, 
 alley or any of the public grounds of the city of Galveston ; 
 or in any empty goods box, crate, barrel, hogshead, cask or 
 thing of like kind that may be upon or in any street or 
 alley or any of the public grounds of said city; or in any 
 railway car with the limits of said city ; or upon any of the 
 wharves within the limits of said city ; or within any saloon, 
 barroom, variety theater or tippling house within the limits 
 of said city; or in any public place within the limits of said 
 city where people habitually resort for the purposes of busi- 
 ness or amusement, shall be deemed guilty of loafing, and. 
 
 170
 
 CITY or GALVESTON. Aet. 352-355. 
 
 upon conviction thereof, shall be fined not less than one 
 dollar nor more than twenty-five dollars. 
 
 Art. 352. It shall be unlawful for any person or persons 
 to keep a bawdy house or house of ill-fame, or any house 
 which persons may frequent for purposes of prostitution or 
 assignation, or any house used for the purpose of smoking 
 opium, within the limits of the city. Any person who shall 
 violate the provisions of this article, or either of them, shall 
 be fined in' any sum not less than twenty-five dollars and 
 not more than one hundred dollars. 
 
 Art. 353. Any person or persons who shall rent or lease 
 any house, room, tenement or premises to be used for any 
 of the purposes named in the preceding article, or shall rent 
 the same to any prostitute, bawd or person of ill-fame, or 
 generally known to be of such character, and plying her 
 vocation as such therein, shall be fined in any sum not less 
 than twenty-five dollars and not more than one hundred 
 dollars. 
 
 Art. 354. If any person or persons shall play at any 
 tavern, inn, storehouse, house for retailing spirituous liquors, 
 or any other public house, or in any street, alle}^, or in any 
 other public place, or in any out-house, at any game or games 
 with cards or dice, for money or other vaktable consideration, 
 he or they shall be fined in any sum not less than ten dollars 
 nor more than twenty-five dollars. 
 
 Art. 355. Xo person or persons shall give a public ball, 
 or have public dancing upon premises under their control, 
 within said city, unless they shall have first obtained from 
 the police and fire commissioner and chief of police of said 
 cit}' a license to give such ball, or to have such dancing, and 
 shall also have filed such license in the office of the chief 
 of police at least six hours before the commencement of such 
 ball or dancing. Xo such license shall be granted, unless 
 the person or persons appl3ang therefor shall first pay to 
 said chief of police a license fee of five dollars, and every 
 such license shall be for one such ball, or dancing, and shall 
 specif}" the time and place of giving or having the same. 
 An}' person or persons who shall give a public ball or have 
 public dancing, as aforesaid, without having obtained and 
 
 171
 
 Art. 356-358. revised ordinances of the 
 
 filed said license, as hereinbefore provided, shall be liable to 
 a fine of not less than ten nor more than fifty dollars. 
 
 Art. 356. It shall be the duty of the chief of police to 
 cause one or more policemen to be in attendance at all such 
 balls and public dancing, for the purpose of preserving order, 
 and the person or persons giving such ball or public dancing 
 for each policeman in attendance shall pay to the chief of 
 police the sum of two and a half dollars, which shall be ap- 
 plied to the payment of such policeman for such special 
 service. 
 
 Art. 357. Should any riot or disturbance of good order 
 take place at any such ball or dance, unless it be im- 
 mediately suppressed, it shall be the duty of the officers in 
 attendance to cause the same to be closed forthwith, and any 
 proprietor or proprietors of any public ball or dance house 
 failing or refusing to comply with the provisions of this 
 article, shall be liable to a fine of not less than ten nor 
 more than fifty dollars. 
 
 BAR ROOMS. 
 
 Art. 358. It shall not be lawful for any owner, proprietor 
 or agent of any establishment in the city of (ialveston, by 
 whatsoever name the same may be called or known, wherein 
 vinous, spirituous, malt or other intoxicating liquors are kept 
 for sale in quantities less than one quant, to keep such es- 
 tablishment open to a later hour than 12 o'clock at night, 
 nor to open the same at an earlier hour than 4 o'clock in 
 the morning; nor shall it be lawful to sell or otherwise dis- 
 pose of any vinous, spirituous, malt or other intoxicating 
 liquors, in any establishment, to any person or persons, under 
 any pretext whatever, between the hours above specified, 
 during which said establishment shall be kept closed. And 
 any person or persons found violating any or either of the 
 provisions of this article shall be fined in a sum of not 
 less than ten dollars nor more than one hundred dollars, 
 for each violation, thereof, and shall also be liable to a fur- 
 ther penalty of not exceeding fifteen days' imprisonment — 
 said fine to be recovered before the president of the board 
 or recorder of said city. 
 
 172
 
 CITY OF GALVESTON. AliT. 359-362. 
 
 BATHING LIMITS. 
 
 Art. 359. It shall not be lawful for any person to divest 
 himself or herself of his or her clothing, or expose his or 
 her naked person, on any of the wharves or docks any time 
 between the hours of sunrise in the morning and sunset in 
 the evening, for the purpose of or on the pretext of bathing; 
 and any person offending against the provisions of this article 
 shall be subject to a fine not exceeding twenty dollars for 
 each and ever}^ ofifense. 
 
 Art. 360. It shall not be lawful for any person, male or 
 female, over the age of eight years, to bathe in the waters 
 of the gulf on the beach in front of the city of Galveston, 
 between Sixteenth street on the east and Twenty-seventh 
 street on the west, between the hours of 4 o'clock a. m. and 
 10 o'clock p. m., nor at any other place on the gulf beach 
 within the corporate limits of the city of Galveston, during 
 daylight, or between the hours of 6 o'clock a. m. and 8 o'clock 
 p. m., unless such person be clothed in a costume sufficient 
 to cover the body from neck to knee, arms excepted. 
 
 Art. 361. Any persons violating the provisions of the two 
 preceding articles shall, on conviction thereof before the re- 
 corder, be lined in a sum not exceeding ten dollars. 
 
 ANIMALS. 
 
 Art. oG2. It shall not be lawful for horses, mules, cattle, 
 hogs, sheep or other animals to run at large within the cor- 
 porate limits of the city of Galveston. It shall be the duty 
 of the chief of police to designate one or more policemen 
 to receive and take charge of, as keepers of the public pound, 
 all animals arrested or taken up under this article ; and they 
 shall gather up all horses, mules, cattle, goats, hogs, sheep 
 or other animals running at large in the limits of the city, 
 and shall impound them in the public pound for at least three 
 days; and the chief of police shall sell the same at public 
 auction, for cash, at such time and place as he may designate, 
 giving two full days' public notice of said sale in the official 
 newspaper of the city, and by notice posted at the market 
 house, describing the animal or animals impounded ; pro- 
 vided, however, that the owner or owners of said animals 
 
 173
 
 Art. 363-367. revised ordinances of the 
 
 impounded may redeem the same at any time before the sale 
 by paying- all the expenses incurred in catching, impounding 
 and keeping said animals, and, in addition thereto, pay for 
 any such goat or sheep four dollars; and every such hog, 
 two dollars and fifty cents; and every such horse or mule, 
 one dollar; and every such head of cattle, one dollar. The 
 persons appointed by the chief of police shall be commis- 
 sioned as policemen of the city, and shall discharge this duty 
 without further pay or emolument than their regular monthly 
 salary. 
 
 Art. 363. All moneys received from fines or sales of 
 animals impounded shall be appropriated — first, to the pay- 
 ment of all expenses incurred in catching, impounding, keep- 
 ing and selling said animals ; second, to pay any and all extra 
 expenses incurred; third, if there be any balance remaining 
 after paying said expenses, the same shall be paid to the 
 owner of the animals so sold. 
 
 Art. 364. The owner or owners of animals sold under the 
 provisions of this article may redeem the same at any time 
 within two days from the date of said sale by paying the 
 purchaser thereof the amount of the purchase money and all 
 reasonable expenses that the purchasers may have incurred 
 in keeping the same. 
 
 Art. 365. If at the time of the sale no purchaser shall be 
 found for any of the animals impounded, under the provisions 
 of this article, then the chief of police shall kill, or caused to 
 be killed, all such animals, and deposit their carcasses in 
 the places designated for such matter. 
 
 Art. 366. Owners of horses and milch cows shall be al- 
 lowed to drive such animals in the morning before eight 
 o'clock, and in the evening after five o'clock loose through 
 the streets and in charge of competent persons, and they shall 
 be responsible for any damage that may be done by such 
 animals. 
 
 Art. 367. All persons are prohibited from raising or feed- 
 ing any swine or goats within any house, pen, yard or other 
 ground within the corporate limits of the city of Galveston ; 
 provided, that goats are allowed to be kept within the en- 
 closures of the owners, but in a cleanly and inoffensive way 
 
 174
 
 CITY OF GALVESTON. ArT. 368-372. 
 
 to the neighbors and citizens, and shall not be allowed to run 
 at large. 
 
 Art. 368. Every person being the owner of such swine 
 or goats, or owner or occupant of the premises, violating the 
 preceding article, shall be fined not more than ten dollars 
 ($10) for each and every such offense. 
 
 Art. 309. That any person who shall hereafter suffer or 
 allow any horse, mule, ox, cow, hog or goat to run at large 
 within the corporate limits of the city of Galveston shall, 
 upon conviction before the recorder, be fined in a sum of 
 not more than ten dollars. 
 
 Art. 370. The driving of beeves or other cattle in droves 
 within the city limits or through the streets of the city, is 
 hereby prohibited ; provided, that calves and yearlings in- 
 tended for shipment may be driven in day time into said 
 city, and on Avenue K down to Nineteenth street and thence 
 on Nineteenth street to the Brick Wharf for shipment ; and 
 beeves and other cattle may be driven in droves on to Strand 
 street, west of Thirty-second street, and thence down Strand 
 street to the Brick Wharf for shipment at any time between 
 11 o'clock p. m. and one hour before daylight; provided, that 
 said droves of cattle, yearlings and beeves shall be driven 
 with as little noise and disturbance as possible, and they 
 shall be well guarded by a sufficient number of men ; and 
 the owners thereof shall be responsible for all damage that 
 may be done by said droves, or the drivers thereof, while 
 said droves are being driven through said streets; provided, 
 further, that this article shall not apply to milch cows. 
 
 Art. 371. Any person or persons who shall drive or cause 
 to be driven any beeves, calves, yearlings or other cattle, con- 
 trary to the provisions of the preceding article, shall, upon 
 conviction thereof, be fined not less than ten dollars nor 
 more than one hundred dollars for each and every offense. 
 
 Art. 372. It shall not be lawful for the owner or occupant 
 of any premises within the corporate limits of the city of 
 Galveston to keep or raise, or suft'er to be kept or raised, on 
 such lot or premises, pigeons upon any pretext or for any 
 purpose whatever. That any person or persons violating this 
 article shall, on conviction thereof, be fined in a sum not more 
 
 175
 
 Art. 373-377. revised okdinanoes of the 
 
 than ten dollars ; and if said fine be not paid, then said person 
 or persons shall be imprisoned for a period of not less than 
 five nor more than fifteen days. 
 
 Art. 373. That it shall not be lawful for any person to tie 
 or fasten any animal upon or within reach of any street, side- 
 walk or esplanade, for the purpose of grazing thereon; and 
 any person violating the provisions of this article, upon con- 
 viction thereof, shall be liable to a fine of not more than ten 
 dollars for each ofifense. 
 
 Art. 374. That any person who overrides, overdrives, 
 overloads, tortures, ill treats or cruelly or unnecessarily beats, 
 maims, mutilates or kills any aiamal, whether belonging to 
 himself or another, or who deprives any animal of the neces- 
 sary sustenance, feed or drink, or causes any of the above 
 acts to be done, or who, being the owner of such animal, per- 
 mits such acts to be done by another, with his knowledge ; 
 or who wilfully sets on foot, institutes or engages in, or in any 
 manner furthers, any active cruelty to any animal, shall, upon 
 conviction thereof before the recorder of this city, be fined 
 as hereinafter provided. 
 
 Art. 375. Any person who, having in custody any maimed, 
 diseased, disabled or infirm animal, leaves it to lie or be 
 in a street, road, alley or public place, or who shall carry or 
 cause to be carried in or upon any vehicle or otherwise, any 
 animal, in a cruel, brutal or inhuman manner or so as to 
 produce torture, or unnecessary sufifering, shall be deemed 
 guilty of a violation of this ordinance, and shall, upon con- 
 viction thereof before the recorder, be punished as hereinafter 
 provided ; provided that the provisions of this article shall 
 not be construed as prohibiting the docking of horses tails 
 or the dehorning of cattle. 
 
 Art. 376. Any person violating any of the provisions of 
 this chapter shall be deemed guilty of a misdemeanor, and 
 shall, upon conviction before the recorder of this city, be 
 fined in any sum not less than ten dollars nor more than 
 twenty-five dollars. 
 
 Art. 377. That no person shall keep, retain or allow, or 
 employ to be kept or retained at any place within the city, 
 any animal of the horse or ass species having the disease 
 
 176
 
 CITY OF GALVESTON. ART. 377-378, 
 
 known as glanders or farcy, but shall at once report the fact 
 to the health physician, and under the direction of a sanitary 
 inspector shall remove such animal, in the manner desig- 
 nated by such sanitary inspector to such place as may be des- 
 ignated by the health physician. No animal having glanders 
 or farcy, or an contagious disease, or that shall die thereof, 
 shall be removed, disposed of, or exposed in any street or 
 public place in the city without a written permit from the 
 health physician, and then only in accordance with the terms 
 of such permit. That every veterinary surgeon who is called 
 to examine or professionally attend any animal within the 
 cit}^ having the glanders or farcy, or any contagious disease, 
 shall, within twenty-four hours thereafter, report in writing 
 to the health physician of the city the following facts, viz. : 
 
 1st. A statement of the location of such deceased animal. 
 
 2d. The name and address of the owner thereof. 
 
 3d. The type and character of the disease. 
 
 That any person violating the provisions of this article, or 
 any of them, shall be fined in any sum not less than ten 
 dollars nor more than one hundred dollars. 
 
 DOGS. 
 
 Art. 378. It shall be the duty of the chief of police to 
 designate one or more policemen to receive, take charge of, 
 and place in the public pound, all dogs and bitches found 
 running at large in the streets, alle3^s, markets, or other pub- 
 lic grounds of the cit}^ of Galveston, not furnished with the 
 tag and muzzle as hereinafter provided, and shall impound 
 them in the public pound at least three days, and at the expira- 
 tion of which time it shall be the duty of the keeper of said 
 pound to kill or cause to be killed any and all such dog or 
 dogs, bitch or bitches, then remaining in' said pound; pro- 
 vided, however, that the owner or owners of any such dog 
 or dogs, bitch or bitches, so impounded may redeem the same 
 at au}^ time before the expiration of said three days by pay- 
 ing a fine of fifty cents for each and every dog or bitch so 
 redeemed, and by paying an additional sum of one dollar 
 for each dog and three dollars for each bitch desired to 
 be so redeemed as a license fee. and securing the metal tag
 
 AET, 370-381. REVISED ORDINANCES OF THE 
 
 hereinafter provided for from the collector of taxes; pro- 
 vided, further, that the ov^^ner of any dog or dogs, bitch or 
 bitches, in said city shall have the right to obtain from the 
 city collector, upon application to him therefor, a license for 
 each and every dog or bitch, and a metal tag with the num- 
 ber of such license stamped thereon, on payment to the city 
 collector of the license tax as above provided — all licenses 
 to expire on the 31st day of December of. each year — and 
 that any such licensed dog or bitch upon which a collar is 
 placed with such metal tag attached thereto, and which is 
 so muzzled as to prevent its biting, shall not be embraced 
 in or subject to the terms of this ordinance. That the person 
 or persons designated and appointed by the chief of police 
 to receive, take charge of or kill such dog or dogs, bitch 
 or bitches, shall be a commissioned policeman of the city, 
 and shall discharge the duties imposed by this ordinance 
 without further pay or emolument than their regular monthly 
 salary. 
 
 Art. 379. That whenever an}^ case of hydrophobia shall 
 occur or be reported to exist within the limits of the city, it 
 shall be the duty of the health physician to inquire diligently 
 into the facts of the case, and if he is satisfied of the truth 
 of the rumor, he shall so report to the president of the city, 
 who shall immediately issue his proclamation (through the 
 official newspaper and by placard), rerjuiring all dogs, whether 
 licensed or not, to be chained up within the premises of the 
 owner twenty-four hours after the promulgation of such proc- 
 lamation ; it shall be the duty of the chief of police to detail 
 a sufficient number of his force to kill in the most summary 
 manner all dogs found running at large, whether the dog be 
 licensed and tagged or not, and continue to do so until such 
 proclamation shall have been revoked. 
 
 Art. 380. That any dog or bitch that may bite any person 
 or persons, shall be killed by order of the chief of police at 
 request of the parties bitten or any member of their families. 
 
 UNLAWFULLY CARRYING ARMS. 
 
 Art. 381. If any person in this city shall carry on or 
 about his person, saddle or in his saddle bags, any pistol, dirk, 
 
 178
 
 CITY OF GALVESTON. AeT. 382-384. 
 
 dagger, slung shot, sword cane, spear, or knuckles made of 
 any metal or hard substance, bowie knife, or any other kitid of 
 knife manufactured and sold for purposes of ofifense or defense, 
 he shall be subject to a fine of not less than twenty-five nor 
 more than two hundred dollars, and shall be imprisoned not 
 less than twenty nor more than sixty days. 
 
 Art. 382. The preceding article shall not apply to a per- 
 son in actual service as a malitiaman, nor to a peace officer 
 or policeman, or other person summoned to his aid, nor to a 
 revenue or other civil officer engaged in the discharge of 
 official duty, nor to the carrying of arms on one's own premi- 
 ses or place of business, nor to one who has reasonable ground 
 for fearing an unlawful attack upon his person, and the danger 
 so imminent and threatening as not to admit of the arrest of 
 the party about to make such attack, upon legal process. 
 
 Art. 383. Any person violating the provisions of article 
 381, may be arrested without warrant by any member of the 
 police force and carried before the recorder for trial on the 
 municipal docket of said court; and any member of the police 
 force who shall fail or refuse to arrest such person on his 
 own knowledge, or upon information from some creditable 
 person, shall be punished by a fine of twenty-five dollars, to 
 be deducted from his monthly pay, and shall in addition thereto 
 be removed from the police force. 
 
 CHAPTER SEVEN. 
 
 PAWNBROKERS REGULATING. 
 
 x\rt. 384. That it shall be the duty of the chief of police 
 to purchase a suitable number of books for the use of pawn- 
 brokers, as hereinafter specified, and that he is authorized 
 to use any money in his hands for that purpose, or that may 
 come into his hands, not to exceed two hundred dollars, or so 
 much thereof as he may find necessary. It shall be the duty 
 of each and every person engaged in the business of pawn- 
 broking, or as pawnbroker, or who may hereafter engage 
 therein, in the city of Galveston, to procure and keep on hand 
 one of the said books, and make or cause to be made therein 
 the entries prescribed, and keep and have said book at all 
 times open to the inspection of the chief of police ; and it 
 
 179
 
 Art. 385-389. revised ordixaxces of the 
 
 shall be his duty to exhibit to the chief of police, or any officer 
 specially designated by him for that purpose, said book or 
 any article or articles entered in said book, whenever de- 
 manded by the chief of police, or said officer so designated by 
 
 him. 
 
 Art. 385. Such book or books herein provided for, shall 
 be a well bound blank book, properly ruled, and shall be 
 marked "City Pawnbroker's Book," and shall be furnished to 
 any pawnbroker of said city, free of charge, by said chief of 
 police, upon his application therefor. 
 
 Art. 386. Every person engaged in business as a pawn- 
 broker shall make, or cause to be made, a daily entrance in 
 such book, so furnished, of any and all articles received by 
 him in the course of his said business, and shall also affix a 
 number to the same, and make entry of such number in said 
 book, and also the name of the person or persons, if known, 
 making deposit of such article or articles, and if unknown, 
 the same shall be stated as unknown ; and entry shall also be 
 made in said book of the amount of loan upon the article or 
 articles numbered, or so to be numbered, as aforesaid . 
 
 Art. 387. Each and every person engaged in the business 
 of pawnbroking, or as pawnbroker, shall make, or cause to be 
 made, in such book, daily, accurate entries of all the matters 
 hereinbefore required to be entered. 
 
 Art. 388. That, should any pawnbroker, or any person 
 engaged in business as such, within the corporate limits of the 
 city of Galveston, or who may hereafter engage in business 
 as such in said city, fail, neglect or refuse to comply with the 
 provisions hereof, or any one of them, such person or pawn- 
 broker shall be fined in a sum not less than twenty-five dollars 
 nor more than one hundred dollars, and the court or jury 
 trying the case may also, in their discretion, assess the fur- 
 ther punishment of imprisonment of not more than thirty 
 days, and the court or jury may also, in their discretion, for- 
 feit the license of such person as such pawnbroker. 
 
 theatres, shows, circuses and other exhibitions. 
 
 Art. 389. Every person who shall keep or exhibit any 
 theatre, concert, circus or equestrian performance, menagerie, 
 
 180
 
 CITY OF GALVESTON. ART. 390-393. 
 
 or any exhibition, shall employ, at the discretion of the presi- 
 dent, one or more of the city police, for the purpose of at- 
 tending such exhibition, and to preserve order and decorum 
 therein, and shall pay to each not less than two dollars for 
 each exhibition, and admit such officers free of charge ; and a 
 refusal or neglect to do so shall work a forfeit of the license 
 to exhibit, and subject such person to a fine of not less than 
 twenty-five dollars for each exhibition ; provided, that the pres- 
 ident may grant permission for exhibitions, concerts and 
 other public entertainments for charitable or religious pur- 
 poses without requiring the employment of policemen. 
 
 /\rt. 390. It shall be the duty of the chief of police, when 
 applied to for that purpose, to designate one or more of the 
 police officers to so attend said exhibitions, whose duty it 
 shall be to attend said exhibitions, and to preserve quiet and 
 good order at the same. 
 
 CHAPTER EIGHT. 
 
 DIVISION FENCES. 
 
 Art. 391. It shall be the duty of the owner or owners of 
 all occupied lots to erect and keep in repair proper fences to 
 divide their property from the next and adjoining; one-half 
 of each division fence to be paid for by each owner or owners 
 thereof ; said fence to be not less than five feet in height, sub- 
 stantially built, of good material, the posts not more than 
 nine feet apart, and the palings not more than one and one- 
 half inches from each other. 
 
 Art. 392. Anv person owning an occupied lot,- who shall 
 have erected his half of the division fence, as contemplated in 
 article 391, may require the owner or agent of the adjoining 
 occupied lot to erect the other half of said fence on giving 
 him thirty days' notice to erect the same, which party shall 
 comply with this article within thirty days after receiving 
 such notice ; and if he neglects or refuses so to do, he shall be 
 liable to a fine of five dollars per day for each day thereafter 
 he shall fail to erect said division fence. 
 
 Art. 393. No provision herein shall be so construed as to 
 compel owners of vacant lots to erect any part of any division 
 fence adjoining the same. 
 
 181
 
 Art. 394-399. revised ordinances of the 
 
 Art. 394:. That it shall be unlawful to construct, erect or 
 repair barbed wire fences within the corporate limits of the 
 city of Galveston except as hereinafter provided. 
 
 Art. 395. That between Forty-fifth street on the east and 
 Fifty-sixth street on the west, such fences may be construc- 
 ted, erected or repaired, provided the owner, agent or lessee 
 of the property or the land where said fence is to be con- 
 structed, erected or repaired shall first, and before the begin- 
 ning of the construction, erection or repairing of such fence, 
 secure permission therefor from the board of the city of Gal- 
 veston. 
 
 Art. 396. An}- land holder, whether the same be a person 
 or a corporation, or any agent, tenant or lessee of any property 
 who shall violate the provisions of the two preceding articles, 
 shall be deemed guilty of a misdemeanor, and, upon convic- 
 tion thereof before the recorder of the city of Galveston, shall 
 be fined in the sum of not less than $5 nor more than $25. 
 
 Art. 397. If any person shall play at any game with cards 
 at any house for retailing spirituous liquors, storehouse, tavern, 
 inn or any other public house or in any street, highway or 
 public place, or in any outhouse where people resort, he shall 
 be fined, on conviction before the recorder of this city, in any 
 sum not less than twenty-five dollars and not more than one 
 hundred dollars. 
 
 Art. 398. All houses commonly known as "public" and as 
 "gaming houses" are included within the meaning of the pre- 
 ceding section. Any room attached to such public houses and 
 commonly .used for gaming is also included, whether the same 
 be kept closed or open. A private room of an inn or tavern is 
 not within the meaning of "public places," unless such room is 
 commonly used for gaming, nor is a private business office or 
 private residence to be construed as within the meaning of a 
 "public" house or place, providing such private office or resi- 
 dence shall not be a place for retailing spirituous liquors. 
 
 Art. 399. In prosecutions under the two preceding articles, 
 it shall not be necessary for the city to prove that any money 
 or article of value, or the representative of either, was bet at 
 such game. The ofifense is complete without such proof. 
 
 182
 
 CITY OF GALYESTOX. ART. 400-403. 
 
 Art. 400. If any person shall bet or wager at any gaming 
 table, or bank, or pigeon hole, or Jenny Lind table, or nine or 
 ten-pin alley, or an}' gaming table, or bank of any name or 
 description whatever, or any table or bank used for gaming 
 which has no name, or shall bet or wager any money or other 
 thing of value at any of the following games, viz : Faro. 
 Monte, Vingt-et-un, Rouge-et-noir, "A. B. C." Chuck-aluck, 
 Keno, Pool and Rondo, Poker Dice, Jack Pot, High Dice, Low 
 Dice, Dominoes, Euchre with Dominoes. Poker with Dominoes, 
 Set with Dominoes, ]\Iuggins, Crack-loo, Crack-or-loo, or at 
 any game of any character whatever that can be played with 
 dice or dominoes, or at any table, bank, or alley, by whatever 
 name known, and without reference as to how the same may 
 be constructed or operated, he shall be fined not less than Ton 
 dollars nor more than Twenty-five dollars, provided no person 
 shall be indicted under this section for playing any of said 
 games without dice or dominoes at a private residence, and 
 provided further that any game played for money upon any 
 billiard table or representing a billiard table, other than the 
 game of billiards licensed by law, is punishable under tlie 
 provisions of this ordinance. 
 
 Art. 401. If any person shall permit any game prohibited 
 by the provisions of this ordinance to be played in his house, 
 or at a house under his control, or upon his premises, or upon 
 premises under his control, the said house being a public 
 house or the said premises being appurtenances to a public 
 house, he shall be fined not less than Twenty-five dollars nor 
 more than one hundred dollars. 
 
 Art. 402. If any person shall rent to another a room or 
 house for the purpose of being used as a place for playing, 
 dealing or exhibiting any games prohibited by the provisions 
 of this ordinance, he shall be fined not less than Twenty-five 
 nor more than One hundred dollars. 
 
 Art. 403. Any court, officer or tribunal having jurisdiction 
 of the offenses enumerated in this ordinance may subpoena 
 persons and compel their attendance as witnesses to testify 
 to the violation of any of the provisions of the foregoing arti- 
 cles. Any person so summoned and examined shall not be 
 liable for prosecution for any violation of said articles about 
 H- 183
 
 Art. 404-407. revised ordinances of the 
 
 which he may testify, and for any offense enumerated in this 
 ordinance a conviction may be had upon the unsupported evi- 
 dence of an accomplice or participant. 
 
 Art. 404. That in accordance with article 46 of the city 
 charter the chief of police, deputy chief of police, and all other 
 police ofificers of the city of Galveston be and they are hereby 
 instructed to strictly enforce the provisions of the Penal Code 
 of the State of Texas appertaining to gaming-. The chief of 
 police, deputy chief of police, sergeants and special ofificers 
 being hereby especially charged to see that patrolmen on their 
 beats exercise the utmost vigilance in suppressing all places 
 where the laws against gaming are violated, and that the 
 offenders are arrested. 
 
 Art. 405. Any police ofificer, upon wdiose beat any person 
 has committed an offense against the gaming laws, who shall 
 know that such offense has been committed and shall neglect 
 or fail to give information thereof to the recorder of the city 
 of Galveston, shall be punished as provided for in article 393 of 
 chapter 4 of the Penal Code, and upon conviction shall be re- 
 moved from the police force of the city of Galveston and be 
 debarred from thereafter holding office under the city. The 
 same rule shall apply to all of the police ofificers of said city, 
 but the attention of patrolmen is more especially directed 
 thereto as the police regulations make it their duty to investi- 
 gate and know of the existence of such places on their res- 
 pective beats. 
 
 CHAPTER TEN. 
 
 JUNK DEALERS. 
 
 Art. 406. It is hereby made the duty of the chief of police 
 to procure a sufficient number of blank books properly headed 
 and ruled, for the use of dealers in junk and in second-hand 
 clothing and other second-hand articles. 
 
 Art. 407. It shall be the duty of every person in this city 
 now or hereafter engaged in the business of buying and selling, 
 or otherwise dealing in, brass, copper, tin, iron, cotton or other 
 materials commonly called or known as junk, and of every 
 person now or hereafter engaged in the business of buying 
 and selling, or otherwise dealing in, second-hand clothing and 
 
 184
 
 CITY OF GALVESTON. ART. 408-411. 
 
 second-hand goods and articles, to apply to the chief of police 
 for one of the blank books hereinbefore described, and that 
 officer shall deliver a book to such dealer, who shall thereafter 
 enter or cause to be entered at the time of purchase a descrip- 
 tion of each and every article of whatsoever kind bought by 
 him and the price paid, together with the name and residence 
 of the person from whom such article or articles were bought 
 or obtained, all of which entries shall be subject to the inspec- 
 tion of the chief of police, or any officer designated by him, 
 together with the article and items so bought or obtained, 
 which shall be kept by such dealer for at least three days from 
 and after the date of buying or receivmg the same, and after 
 the expiration of which time he may dispose of them. 
 
 Art. 408. The books herein provided for shall be well 
 bound blank books, properly ruled and with appropriate head- 
 ings, and shall be marked "City Junk and Second-Hand Deal- 
 ers' Book.'" 
 
 Art. 409. Should any Junk or second-hand dealer fail or 
 refuse to comply with the requirements of this ordinance, or 
 any of them, he shall, upon conviction, be fined in the sum of 
 not less than twenty-five nor more than one hundred dollars, 
 and each day's failure or refusal to comply herewith shall be 
 deemed a separate offense. 
 
 Art. 410. A junk dealer within the meaning of this ordi- 
 nance is one who buys or deals in brass, iron, copper, rope, 
 sails, sacks, tools, blocks, tackles and other articles, either 
 new or second-hand, and in either large or small lots, for ship- 
 ment or sale. A second-hand dealer is one who buys to sell 
 again second-hand or cast off clothing, furniture, crockery, 
 household goods and other second-hand articles, or such as 
 have been already used 
 
 CHAPTER ELEVEN. 
 
 SUNDRY OFFENSES. 
 
 Art. 411. It shall be unlawful for any person to cut, 
 ])reak, bruise, mutilate or injure any tree, shrub or flower 
 growing or planted on any public square, public ground, es- 
 planade, street or sidewalk in the city. Any person who shall 
 
 185
 
 Art. 412-415. revised ordinances of the 
 
 violate any provision of this article shall be fined in any sum: 
 not exceeding ten dollars. 
 
 Art. 412. That when any person shall be annoyed or 
 damaged by poultry of any kind running on the streets or side- 
 walks of the city, they may report the same to the chief of 
 police or any policeman, whose duty it shall be to immediately 
 notify the owners of said poultry of the complaint made and 
 to warn said owners to restrain their said poultry from so 
 running at large and any person who shall permit their said 
 poultry to run at large on the streets and sidewalks, to the 
 annoyance or injury of their neighbors, after notice and warn- 
 ing as herein provided, shall be fined in any sum not exceed- 
 ing ten dollars. 
 
 Art. 413. It shall be unlawful for persons to gather to- 
 gether in squads or crowds on the sidewalks or street cor- 
 ners, to the annoyance of the owners or occupants of the prem- 
 ises abutting on the same. And any persons who shall violate 
 the provisions of this article, after being warned by any police- 
 man or any owner or occupant of said premises to remove, 
 shall be fined in any sum not exceeding ten dollars. 
 
 Art. 414. It shall be the duty of the president to receive 
 and plant along the jetties, being erected by the United States 
 government within the jurisdiction of the city of Galveston, 
 all such consignments of lobsters as may be sent or directed 
 by the proper department at Washington City, or from other 
 sources, with a view of experimenting in the culture of lob- 
 sters in the waters along the gulf coast. That it shall be un- 
 lawful for any person to take and remove any lobster from the 
 waters of the gulf, channels or bays, within the police juris- 
 diction of the city of Galveston, without the consent of the 
 board. Any person who shall violate the provisions of this 
 article shall, on conviction, be fined ten dollars, and each and 
 every lobster so taken and removed in violation of the pro- 
 visions of this article shall constitute a separate ofifense. 
 
 Art. 415. It shall not be lawful for any person or per- 
 sons, who take, catch or capture fish, crabs, or shrimp in the 
 waters of Galveston bay or the gulf of Mexico, within the cor- 
 porate limits of the city of Galveston, by seines, drag nets, set 
 nets, fish baskets, or any other means, device or contrivance 
 
 186
 
 CITY OF GALVESTON. ArT. 416-417. 
 
 Avliatsoever which is now known or used in taking, catching- 
 or destroying fish, or which may hereafter be invented for that 
 purpose, to empty his or their seines, drag nets, fish baskets, 
 or other means or contrivance used for capturing and catch- 
 ing fish, crabs or shrimp on the beach or shores of said waters, 
 within said corporate limits, and leave any of the contents 
 thereof upon said beach or shores so as to perish and decay, 
 but it shall be the duty of all persons so engaged immediately 
 to return when captured or caught, to the waters whence they 
 were taken, all such fish, crabs and shrimp as are not selected 
 and" retained for use or sale. 
 
 Any person or persons who shall violate any of the pro- 
 visions of this article shall be deemed guilty of an offense, and, 
 upon conviction thereof before the recorder, shall be fined not 
 less than twenty-five nor more than one hundred dollars. 
 
 PROSTITUTES. 
 
 Art. -ilC). Any person guilty of soliciting trade or patron- 
 age for immoral, lewd or indecent persons, or soliciting persons 
 for immoral, lewd, indecent or unnatural purposes or practices, 
 either by invitation, signs, calls or otherwise, in or near any 
 street or alley of the city of Galveston, or in or near any bar- 
 room, saloon or other public place in said city, shall be fined 
 in the sum of ten dollars for each offense. 
 
 EXPECTORATION. 
 
 Art. 417. That in order to suppress and prevent conta- 
 gious diseases in the city of Galveston, and for the promotion 
 of the health of the inhabitants thereof, it is hereby declared 
 to be unlawful for any person to expectorate on or upon the 
 fioor, seats, platforms or other portions of the street cars or 
 other public conveyances, or within the Union passenger sta- 
 tion of the city of Galveston or any other property used for 
 th-e common benefit of the public, or on any paved sidewalk ; 
 and such expectorating is hereby declared to be a nuisance, 
 dangerous to health, and any person or persons violating the 
 provisions of this article shall, upon conviction before the re- 
 corder of the city of Galveston, be fined in any sum not ex- 
 ceeding ten dollars for each and every offense. 
 
 187
 
 Art. 418-421. revised ordinances of the 
 
 MINORS. 
 
 Art. 418. That from and after the passage of this ordi- 
 nance it shall be unlawful for any child under the age of fifteen 
 years to be and remain upon any of the streets of the city of 
 Galveston between the hours of nine o'clock p. m. and five 
 o'clock a. m., unless such child shall be accompanied by its 
 parent or guardian or some other adult person, or unless such 
 child shall have been so sent on the streets by its said parent 
 or guardian, or some other adult person charged with its cus- 
 tody. 
 
 Art. 419. Any person violating the provisions of this ordi- 
 nance shall be deemed guilty of a misdemeanor, and, upon trial 
 and conviction thereof before the recorder, shall be fined in 
 any sum not exceeding ten dollars. 
 
 CHAPTER TWELVE. 
 
 PROTECTION OF PUBLIC PROPERTY. 
 
 Art. 420. It shall not be lawful for any person or persons 
 to destroy, injure, cut, chip, break, deface, or cover or rub 
 with, or otherwise place filth or excrement of any kind upon 
 any public property in the city of Galveston, or on any public 
 building, statue, monument, office, dwelling, drinking foun- 
 tain or structure of any kind whatsoever, or which may be in 
 course of erection, or on the doors, windows, steps, railing, 
 fencing, balconies, balustrades, or the walls or sides, or the 
 walls of any enclosure thereof, or to write, mark, or print ob- 
 scene or indecent words or language thereon, or to draw, paint, 
 mark or write obscene or indecent figures representing obscene 
 or indecent objects, or to write, mark, draw or paint any word 
 or sign or figure theron, under a penalt}' of ten dollars for 
 each and every such offense. 
 
 Art. 421. It shall not be lawful for any person or persons 
 within the city of Galveston to idle or loaf or to congregate 
 or assemble at the entrance or on the steps of any public build- 
 ing, or on or about any structure, monument or drinking 
 fountain in the city of Galveston, and to engage in loud or 
 boisterous talking or to insult or make or write obscene com- 
 ments or remarks or observations on persons passing by the 
 
 188
 
 CITY OF GALVESTON. ArT. 422-424. 
 
 same or in their hearing, or to so crowd, obstruct or incom- 
 mode the entrance into, around or out of any such public 
 building-, monument or drinking fountain or structure in said 
 city, as to prevent the free and uninterrupted passage to the 
 same, under a penalty of not more than ten dollars for each 
 and every such ofifense. 
 
 Art. 422. It shall not be lawful for any person or persons 
 within the city of Galveston to throw any brick, oyster shell, 
 stone or other missile, of any kind whatsoever, on, at or against 
 any public building, monument, drinking fountain, or other 
 like structure, in any street, avenue, alley, road or highway or 
 open space or public scpiare or inclosure, under a penalty of 
 not more than five dollars for every such offense. 
 
 Art. 423. It shall not be lawful for any person or persons 
 to destroy, break, cut, disfigure or deface or otherwise injure 
 any building material or materials intended for the improve- 
 ment of any street, avenue, alley, foot pavement, roads, high- 
 ways or enclosure, whether public or private property, or for 
 the erection of any public building, monument, or drinking 
 fountain, or remove the same, except in pursuance of law, or 
 or by consent of the owners, from the place where the same 
 may be located for purposes of building or improvement, as 
 aforesaid, or to remove, cut, destroy, injure any scaffolding, 
 ladder or other thing used in or about said building or im- 
 provement, under a penalty of not more than ten dollars for 
 each and everv such ofifense. 
 
 TITLE X. 
 
 CHAPTER ONE. 
 
 DUTIES .'^ND REGULATIONS. 
 
 Art. 424. All street and steam railway companies operat- 
 ing their roads in the city of Galveston, are recpiired to place 
 on file in the office of the secretary, a map or plan, on a scale 
 
 189
 
 Art. 425-428. revised ordinances of the 
 
 of not less than six hundred feet to the inch, of all existing- 
 lines of railway, whether double or single, operated by them, 
 having correctly delineated thereon all tracks, switches, curves, 
 bridges, trestle work, turnouts and turning tables. 
 
 Art. 425. No changes shall be made in the tracks, 
 switches, curves, culverts, trestle work, turnouts and turning 
 tables, as set down on said maps and plans, without the con- 
 sent of the city engineer, whose duty it shall be to note the 
 same upon said maps and plans. 
 
 Art. 426. That, in the construction of any new line of 
 railway, grades shall first be given by the city engineer, the 
 cost of which shall be paid by the company, and the work 
 staked oft to the required height of the tracks to be built ; but 
 this is not to be considered as the established grade proper atid 
 is only for the purpose of making the grades uniform, it being 
 considered impracticable to conform to every undulation of 
 the streets as they now are, and as the city does not contem- 
 plate, at this time, raising all the streets to the established 
 grade. 
 
 Art. 427. That whenever the tracks, to conform to the 
 grades given, shall be above the level of the street, the railway 
 company occupying same shall, at their own expense, be 
 required to raise the street, between the tracks, by 511ing with 
 sand or some good filling material, to be approved by the city 
 engineer, the same to be the required height and on a level 
 with the top of the rails, entirely covering all cross ties and 
 timbers, which timbers shall in no case extend more than one 
 foot beyond the rails on either side of the track. 
 
 xA.RT. 428. That all tracks constructed on the streets of 
 the city, over which rights of way have been granted, or 
 which may hereafter be granted, except those that may be 
 built on water lots north of Avenue B, shall be at once put 
 in good order, and that the space from the center line of 
 the street, which is also to be considered as the center line 
 of the track or tracks, including all switches and turnouts, 
 shall be filled their entire length with plank or some good, 
 hard ballasting material, by first filling with sand and then cov- 
 ering with either gravel, rock, shell or cinders, to a depth 
 of not less than four inches, and to a height level with the 
 
 190
 
 CITY OF galve:ston. Art. 429-433. 
 
 top of the rails, which filling shall always be maintained in 
 good order and condition. 
 
 Art. 429. That at all curves, and at all street intersections 
 or crossings, said companies shall maintain and keep their 
 roadbed and tracks, and the approaches thereto, for the full 
 width of the street, in good, safe and passable condition 
 for vehicles, by filling between the rails or tracks, and the 
 approaches thereto, either with approved ballasting material, 
 plank or pavement. 
 
 Art. 430. That, whenever any tracks are laid upon trestle 
 or pile foundations along the streets of the city, the space 
 between said tracks, for the entire width, shall be filled in 
 in the same manner as heretofore provided, or the whole 
 distance between the rails and tracks shall be entirely planked 
 over with 2x12 plank, securely spiked down and made safe 
 for traffic over them, and the sides sloped off for a distance 
 of six (6) feet by filling or planking as aforesaid. 
 
 Art. 431. Every railway company whose railway is, or 
 shall be hereafter, intersected by any new railway, shall 
 unite with the railway company owning such new railway in 
 forming intersections and connections, and grant to such 
 such new railway facilities therefor. 
 
 ' Art. 432. That the digging of sand from the sides of the 
 constructed tracks, or any henceforth to be constructed, either 
 for filling purposes between the tracks, far surfacing up of 
 same, or for the removal of sand dumped along the tracks 
 for sale to private parties or corporations, is hereby prohibited. 
 
 Art. 433. That whenever the board shall have any street 
 improvement made, by filling, grading and paving, or by 
 filling only, over which any right of way is now or may 
 hereafter be granted to any railway company, the city engi- 
 neer shall make an estimate, in writing, of the actual cost 
 of said improvement, for the full space occupied by the 
 tracks of said company, including the space between all 
 double tracks and switches, and place the same in the hands 
 of the city collector, whose duty it shall be to collect the same 
 from said railway company, and place it in the city treasury 
 for the use of the street and alley fund. And no railway 
 company shall be permitted to lay down its tracks upon, oc- 
 
 191
 
 Art. 434-437. revised ordinances of the 
 
 cupy or run its cars over any street so improved, until it shall 
 have paid to the city collector said actual cost as aforesaid. 
 In case any railway company shall fail to pay said actual 
 cost on demand, the city may sue for and recover the same 
 before any court of competent jurisdiction. 
 
 Art. 434. It shall be the duty of all the railway com- 
 panies, operating- railways over the streets of the city that 
 have been paved, to keep in good repair all pavements be- 
 tween their tracks, including- the space between all double 
 tracks and switches; and in case any railway company shall 
 fail or refuse to make any repairs required by this article 
 within ten days after being notified to make the same by 
 the city engineer, then said repairs may be done by the city, 
 and the actual cost of the same collected in accordance with 
 the provisions of the preceding article. 
 
 Art. 435. It shall be the duty of the city engineer to keep 
 a close supervision over all railways in the city, and promptly 
 report all violations of the provisions of this ordinance to 
 the board, whose duty it shall be to give such instructions 
 to the city engineer, and take such action thereon, as the 
 exigencies of the case or the proper execution of the provisions 
 of this ordinance may require. 
 
 Art. 436. Whenever the city engineer shall perform any 
 services or incur any expense in the performance of any duty 
 under the provisions of this ordinance, which are made a 
 charge against any railway company, it shall be his duty to 
 make out an account of the same, retaining a cop}' thereof 
 in his office as a record, and place the same in the hands of 
 the city collector for collection, and said city collector shall 
 collect the same and pay it into the city treasury, for the use of 
 the street and alley fund; provided, that in no case shall said 
 charges against said companies for such services be greater 
 than at the rate of twenty dollars per day for the services 
 of the city engineer, and the actual cost of labor employed 
 in the performance of the same. 
 
 Art. 437. That any president, manager, superintendent, 
 agent or employe of any railway company operating a railway 
 in the city, who shall violate any of the provisions of this ordi- 
 nance, or who shall fail or refuse to perform any act or duty re- 
 
 192
 
 CITY OF GALVESTON. AllT. 438-440. 
 
 quired of said railway under the provisions of this ordi- 
 nance, shall be deemed guilty of a misdemeanor, and upon 
 conviction shall be fined in a sum of not less than tw^enty- 
 five dollars nor more than two hundred dollars, and every 
 day that said violation shall continue or said railway shall 
 fail or refuse to perform any act or duty required by this 
 act, shall constitute a separate ofifense, and shall be punished 
 in a like manner. 
 
 Art. 438. That each and every railway company to which 
 shall hereafter be granted by the board any additional right 
 of way, concession or other right to change or alter an}^ of 
 its tracks, shall file with the city clerk a written acceptance 
 of the provisions of this ordinance, and no such grant or con- 
 cession shall take effect until such acceptance is filed in 
 accordance with this article. 
 
 Art. 439. That no street railway company operating a 
 street railway in this city shall charge or receive from any 
 passenger more than five cents for one continuous carriage 
 in the same direction, and all children over three years of 
 age and under twelve years of age shall be transported in 
 all street railways in the city of Galveston for one-half the 
 fare charged adult passengers for one continuous carriage 
 in the same direction ; and street railways in this city are 
 authorized to issue ten tickets for twenty-five cents, to be 
 used exclusively in the payment of fares of children under 
 the age of twelve years and over three years of age ; and any 
 conductor, driver or agent of any street railway in the city 
 of Galveston, who shall require the payment of more than 
 one-half the fare charged for the transportation of adult 
 passengers for the transportation of any child between three 
 and twelve years of age for one continuous carriage in the 
 same direction, shall be deemed guilty of a misdemeanor, 
 and shall be fined twenty-five dollars for every such violation 
 of this ordinance. 
 
 Art. 440. That for the better protection of life and prop- 
 erty within the city of Galveston, it is hereby made the duty 
 of all corporations or persons operating street railways by 
 electricity within the corporate limits of the city, to place 
 safe, proper and well insulated guard-wires above the trolley- 
 
 193
 
 Art. 441-445. revised ordinances of the 
 
 wires of said railways wherever said trolley-wires run under 
 or parallel with any wires used for other purposes. Such 
 guard-wires to be erected and placed under the supervision 
 of the chief engineer of the fire department, and shall be 
 subject to his approval. 
 
 Art. 441. That should the management of any such street 
 railway company fail to comply with the terms and require- 
 ments of this ordinance within twenty days from its passage, 
 then the president and each member of the directory shall 
 be deemed guilty of a misdemeanor, and, on conviction 
 thereof before the recorder's court of the city of Galveston, 
 shall be fined not less than ten nor more than one hundred 
 dollars, and each day they fail to comply with the provisions 
 of this ordinance shall constitute a separate ofit'ense. 
 
 Art. 443. That it shall be the duty of the chief engineer 
 of the fire department to see that the provisions of articles 
 439, 440 and 441 are enforced, and to make complaints in the 
 recorder's count for violation of them. 
 
 Art. 443. That all railway companies operating their roads 
 in the city of Galveston are hereby required to erect and 
 place abutments, or bumpers, at the end of all tracks ending 
 or terminating on the line of any street in the city of Gal- 
 veston. 
 
 Art. 444. That any president, manager, superintendent, 
 agent, or employe operating a railway in the city, violating 
 the provisions of this ordinance shall be fined not less than 
 five dollars nor more than twenty-five dollars, and every day 
 that said violation shall continue, or said railway shall fail 
 or refuse to perform said duty or act, shall constitute a separ- 
 ate offense. 
 
 Art. 445. That it shall be unlawful for any railroad com- 
 pany or their agents or employes to permit any loaded or 
 empty freight car or cars to remain standing on any track 
 laid on any street of the city of Galveston, except for the 
 purpose of temporary switching or working, and in no case 
 shall they be left on any tracks in such a position as to inter- 
 fere with the business of any enterprise located on the line 
 of any such street. 
 
 194
 
 CITY or GALVESTON. Aet. 446-451. 
 
 ^Art. 44(i. Any agent or employe of any railroad company 
 who shall, while switching or running cars through any of 
 the streets of the city of Galveston, violate any of the pro- 
 visions of this ordinance shall be fined in the sum of not less 
 than ten dollars or more than fifty dollars for each oflfense 
 upon conviction thereof before the recorder's court of the city 
 of Galveston. 
 
 Art. 447. It shall be the duty of the chief of police to 
 see that the provisions of this ordinance are strictly en- 
 forced. 
 
 CHAPTER TWO. 
 
 RULES AND REGULATIONS. 
 
 Art. 448. It shall be unlawful for any person in this city 
 to jump on or ofif, or to cling to or hang on any railway 
 engine or car while the same is in motion, such person not 
 being a paying passenger, an employe or an official of the 
 railway company ; and any person violating any of the pro- 
 visions of this article shall, on conviction before the re- 
 corder, be fined not less than one dollar nor more than ten 
 dollars. 
 
 Art, 449. Children of age or discretion, in the judgment 
 of the recorder, to be proper subjects for correction, are 
 expressly declared to be within the purview of this article, 
 and the parents and lawful guardians of the child so offend- 
 ing shall be subject to the fine inflicted on said child, and 
 to the costs of proceeding, and execution shall issue against 
 the parent or guardian therefor. 
 
 Art. 450. It shall be unlawful for any engineer or other 
 person in charge of a locomotive, car or train of cars to 
 run the same within the corporate limits of the city at a 
 greater rate of speed than seven miles an hour; and any 
 person so ofTending shall, upon conviction before the re- 
 corder, be fined in any sum not less than ten dollars nor 
 more than fifty dollars. 
 
 Art. 451. It shall be the duty of each railway company 
 whose engines or cars are propelled by steam either to keep, 
 by day and by night, at such intersections of streets or other 
 public crossings within the corporate limits of the city 
 
 195
 
 Art. 452-454. revised ordinances of the 
 
 traversed by its railway as shall be designated by the street 
 committee, one or more flagmen, whose duty it shall 'be to 
 warn persons of the approach of trains and to see that such 
 crossings are kept clear of standing trains, locomotives and 
 other like obstructions, or to cause its trains and locomotives 
 to come to a perfect standstill at each street intersection ; 
 and if any conductor, engineer or other person in charge of 
 any locomotive, car or train of cars shall leave tFe same 
 standing upon any crossing for a longer time than five minutes, 
 such person shall be deemed guilty of an offense, and shall 
 be fined by the recorder in any sum not less than ten dollars 
 nor more than fifty dollars. 
 
 Art. 452. If any railway company whose cars are pro- 
 pelled by steam shall fail, refuse or neglect to place and to 
 maintain flagmen at crossings as provided in article 451 of 
 this chapter, the chief resident officer of said railway com- 
 pany shall be deemed guilty of an ofifense and shall be fined 
 by the recorder in any sum not less than twenty dollars nor 
 more than one hundred dollars. 
 
 Art. 453. It shall be the duty of every engineer or other 
 person in charge of a locomotive or engine, to cause the 
 engine bell to be rung continuously, and the whistle to be 
 so.unded at every street crossing whilst the engine or cars 
 are in motion within the corporate limits ; and any person 
 who shall violate any of the provisions of this article, shall 
 be deemed guilty of an ofifense, and shall be fined by the 
 recorder in any sum not less than five dollars nor more than 
 one hundred dollars. 
 
 Art, 454. It shall be the duty of every driver or other 
 person in charge of any street railway car, on approaching 
 the intersection of any two streets within the corporate 
 limits traversed by a railway, the cars upon which are oper- 
 ated or propelled by steam, and when within not less than 
 twenty feet of such railway, to bring his car to a full stop 
 before attempting to cross the same ; and every person who 
 shall fail or neglect so to do, shall be deemed guilty of an 
 ofifense, and shall be fined by the recorder in any sum not 
 less than two dollars nor more than twentv-five dollars. 
 
 196
 
 CITY OF GALVESTON. AeT. 455-457. 
 
 , Art. 455. It shall be unlawful for any driver or other 
 person in charge of a street railway car to attempt to pass 
 with his car any other street railway car on the same street 
 and on parallel lines, whilst the latter car is at a street cross- 
 ing and in the act of receiving or discharging passengers, but 
 it shall be the duty of him having charge of the moving car, 
 when approaching another so engaged in receiving or dis- 
 charging passengers, to halt his own car until such other 
 car shall have again been put in motion ; and any person 
 violating any of the provisions of this article shall, on con- 
 viction before the recorder, be fined in any sum not less than 
 one dollar nor more than twenty dollars. 
 
 Art. 456. That from and after March 1st, 1886, all grants 
 to railroad companies and other corporations or persons, for 
 use of certain streets not built upon or used by said com- 
 panies, corporations or persons, be revoked and revert to the 
 city, excepting those that have had the time extended ; and 
 if at the expiration of such extension of time the streets 
 shall not be built upon, and in actual use, the grants to 
 them shall also be revoked. 
 
 CHAPTER THREE. 
 
 STREET RAILWAYS. 
 
 Art. 457. That it shall be unlawful for any person to 
 operate a street car within the limits of the city of Gal- 
 veston unless such car shall be provided with life guards 
 or fenders on the front end of such car, and for each viola- 
 tion hereof, the offender shall be fined the sum of ten dollars. 
 
 197
 
 Art. 458-460. kevised ordinances or the 
 
 TITLE XI. 
 
 CHAPTER ONE. 
 
 ENGINEER. 
 
 Art. 458. It shall be the first duty of the city engineer 
 to ascertain the established monuments of the city survey, 
 and from them to extend the surveys of the city, and estab- 
 lish others, as provided herein, and from them to locate, es- 
 tablish and survey all private property, streets and alleys 
 within the corporate limits of Galveston, when called on or 
 required so to do. 
 
 Art. 459. The original plan and surve3% known and desig- 
 nated as the "Groesbeck survey," so far as marked by actual 
 measurements, and so far as revived, re-established and de- 
 termined by the surveys of Tipton Walker, civil engineer, 
 under and by resolution and order of the board of commission- 
 ers of Galveston, shall be and is hereby afifirmed and estab- 
 lished as the true city survey of the city of Galveston. The 
 theory of survey and plot, as marked on Sandusky's map, as to 
 the dimensions of blocks and lots, and width of streets and 
 alleys, is also confirmed in each and every particular, with the 
 exception that the street known and designated as Avenue B, 
 or Strand street, is eighty feet in width, instead of seventy 
 feet as marked thereon. 
 
 Art. 460. It shall be the duty of the city engineer to pro- 
 cure for his office and use, as property of the city, and at the 
 expense thereof, two suitable record books, one to be used 
 for the record and illustration, by suitable drawings, of all 
 city work done by him, pertaining to grades, streets, alleys, 
 sidewalks, sewers, drains, ditches, public squares, parks, 
 waterworks, or any other public work; the other for record- 
 ing all private surveys. It shall be his duty to superintend 
 the construction of five or more measuring rods, of twenty 
 
 198
 
 CITY OF GALVESTON. AllT. 461-462. 
 
 feet in length, of snitable wood, to have metal ferrules at 
 each end, and he shall graduate them according to the stand- 
 ard measurement of the Groesbeck survey. He shall have 
 full control and custody of, and be responsible for, all the 
 engineering instruments, drawings, rulers, measuring rods, 
 chains, record books, maps, plans, tables, office furniture, and 
 all other property in any manner appertaining to the office 
 of city engineer, and shall receipt for them b}" inventory, 
 and return them to the board, or to his successor, on leav- 
 ing his office. Suitable rooms shall be furnished for his 
 official use at the cost of the city. It shall not be lawful for 
 the city engineer to be absent from the city for a longer 
 period than one week during any given time, without special 
 leave of absence from the board. 
 
 Art. 461. That whenever called on by any owner, agent 
 or lessee of any propertv within the corporate limits of said 
 city, to survey lines or boundaries, said city engineer shall, 
 as soon as practicable, proceed to make the required survey 
 thereof, measuring from the nearest established monument 
 or initial points. Said engineer shall also establish such other 
 monuments or initial points at the intersection of such streets 
 as may be deemed necessary by the board to remain as per- 
 manent monuments for future reference and guidance. 
 Said monuments or initial points so established shall not be 
 altered or disturbed by any person or persons under a penalty 
 of not less than fifty dollars, to be recovered before any court 
 of competent authority. 
 
 Art. 462. The city engineer is authorized to charge not 
 exceeding two cents per running foot for measuring any 
 block, lot or parcel of ground, counting from the nearest 
 monument or initial point; provided, that in no case shall 
 the charge for surveying any one lot exceed the sum of twenty- 
 five dollars; and provided, also the city shall incur no expense 
 for skilled assistance or incidental expenses connected there- 
 with in making such surveys, but that the same shall be 
 defrayed by the engineer out of the amounts received by him 
 for such surveys ; and an accurate account of such surveys and 
 expenditures made by him shall be kept in his office. 
 
 15- 199
 
 Art. 463-467. revised ordinances of the 
 
 Art. 4G3. That the city engineer shall run a sufficient set 
 of levels, at least on alternate streets through the city, and 
 project said levels on proper level paper, of uniform scale, 
 with a view to the establishment of the proper grades and 
 drainage of the city. 
 
 Art. 464. That in giving the grade of a lot or block for 
 any purpose, the engineer shall mark the grades on or near 
 the corner post or stake in such manner that the reference 
 may be had easily without their displacement. In running 
 the lines of level, as above, the engineer shall establish bench 
 marks at all intersections, checking upon the same until they 
 agree ; he will also establish two or more permanent bench 
 marks at mean high tide, for reference of his datum line for 
 all levels. All bench marks shall be registered in the proper 
 record book and numbered with the number of the block on 
 wdiich it is made. 
 
 Art. 465. It shall be the duty of the city engineer to at- 
 tend the meetings of the board, and he shall report from 
 time to time the condition and progress of all public works 
 under his supervision and control needing special attention, 
 and also make suitable reports to the board when 
 specially directed or required by the president or board of 
 commissioners. 
 
 Art. 466. That in addition to the duties of the city engi- 
 neer as heretofore prescribed by charter and ordinances, he 
 shall have and exercise general supervision and superintend- 
 ence over all work undertaken by the board upon the streets, 
 alleys and public squares of the city; give instructions as to 
 plan of grading or otherwise improving the same and of con- 
 structing sidewalks so as to preserve proper proportion and 
 uniformity in the height and width thereof; and also of con- 
 structing culverts, bridges, drains, ditches and other improve- 
 ments projected by the board. And he shall see that all 
 parties contracting with the city to do any work as afore- 
 said faithfully perform their contract ; and, in the event of 
 their failure so to do, he shall report the same to the board. 
 
 Art. 467. That he shall have and exercise general super- 
 vision over the construction of all railways which may at 
 any time be constructed to run through the streets of the 
 
 200
 
 CITY OF GALVESTON. ART. 468-470. 
 
 city, and require them to conform to the established grade, 
 so as not to impede the passage of drays, carriages and other 
 vehicles through said streets ; and to report to the board any 
 .violation of contract or ordinance by parties constructing 
 such railways. 
 
 Art. 468. It shall be the duty of the civil engineer to em- 
 ploy all laborers and workmen upon the streets and alleys 
 and upon other work that may be under his superintendence 
 to the number prescribed by the board under its directions, 
 and for the compensation fixed by the board ; keep a correct 
 account of the time of service of said laborers and workmen, 
 and the nature of the service performed by them, and make 
 and return a pay-roll thereof at the end of each and every 
 month ; to receive and receipt for, in the name of the city, 
 all shell, sand, stone, lumber, tools, supplies and other ma- 
 terial purchased or used in the street and alley department, 
 correctly measure and inspect the same, designate at what 
 point or points the same shall be delivered within the city, 
 and make and return a true and correct report of the same 
 at the end of each and every month. 
 
 Art. 469. That said city engineer shall in no case, either 
 directly or indirectly, have any pecuniary interest in any 
 contract as aforesaid ; nor in any materials, supplies or labor 
 used in the performance thereof, or in the execution of any 
 work undertaken by the board as aforesaid, upon pain of re- 
 moval from office. 
 
 CHAPTER TWO. 
 
 GENERAL PROVISIONS. 
 
 Art. 470. All streets, avenues and alleys and sidewalks in 
 the city of Galveston, running in a south and north direction, 
 and lying between Fourth and Forty-first streets, as laid down 
 and designated on the map of said city, are hereby extended 
 and open to the channel of Galveston bay, which runs along 
 the northern front of said city; and each of said streets, ave- 
 nues, alleys and sidewalks is hereby made and declared to be 
 an open and public highway throughout its extent to said 
 channel, running in the same line of direction, and of the 
 
 201
 
 Art. 471-472. revised ordinances of the 
 
 same width, including the sidewalks, as said streets, ave- 
 nues and alleys, and said sidewalks now are. 
 
 Art. 471. It shall not be lawful for any person or persons, 
 corporation or association of persons, under any pretext what- 
 soever, unless the right so to do shall have been first granted 
 to such person or persons, corporation or association, by the 
 board of said city, to encumber any or either of the public 
 squares, public grounds, bay or gulf shore, streets, avenues, 
 alleys or sidewalks of said city, by building, constructing or 
 erecting, or causing to be built, constructed or erected, therein, 
 or thereon, any fence, building, wharf, teehead, structure or 
 obstruction of whatsoever kind ; or to make, dig or construct, 
 or cause to be made, dug or constructed, any trench, ditch 
 or excavation of any kind whatsoever, in, along or across 
 any street, avenue, alley or sidewalk of said city ; or to lay 
 or construct, or cause to be laid or constructed, any gutter, 
 drain, sewer, main or pipe, of whatsoever kind, in, under, 
 along or across any street, avenue, alley or sidewalk of said 
 city. And any person or persons, corporation or association 
 offending against any or either of the provisions of this ordi- 
 nance, and any and all persons who shall aid or assist in so 
 offending, shall upon conviction thereof before the president 
 or recorder of said city, be fined in a sum not less than two 
 dollars nor more than one hundred dollars, and shall also be 
 liable to imprisonment not exceeding fifteen days ; and any 
 person or persons, corporation or association so offending 
 as aforesaid shall also be liable to a further penalty of not 
 less than one dollar nor more than twenty-five dollars for each 
 and every day that any such fence, building, structure, wharf, 
 teehead, ditch, excavation, gutter, pipe, sewer, or other ob- 
 struction, shall remain or continue in any or either of the 
 places herein named, after notice to remove or abate the 
 same. 
 
 Art. 472. It shall not be lawful for any person or per- 
 sons, company or association, under any pretext whatso- 
 ever, to occupy, or maintain, or inhabit any such building 
 or obstruction as mentioned in article 471 whether the same 
 be heretofore or hereafter built, constructed or put up by 
 the party, or by any other person or persons, or whether the 
 
 202
 
 CITY OF GALVESTON. ART. 473-475. 
 
 party so occupying the same may or may not have purchased 
 the same from another person, and any or all persons who 
 shall so occupy, maintain or inhabit said obstructions on the 
 streets, avenues, alleys or sidev^^alks of said city shall be fined 
 and punished as provided in article 471. 
 
 Art. 473. It shall l)e the duty of the president to cause all 
 obstructions to be removed which are now or may hereafter 
 be erected or placed in any or either of the public squares, 
 public grounds, gulf or bay shores, streets, avenues, alleys 
 or sidewalks of said city, without the authority from the 
 corporate authorities of the same ; and, should the president 
 deem it necessary, he shall order the chief of police, or other 
 ciualificd officer, to proceed with a sufficient force to remove 
 said obstructions ; and such chief of police, or other qualified 
 officer, as aforesaid, is hereby fully authorized and empowered 
 to summon such force as he may deem necessary to enforce 
 the provisions of this ordinance, and remove and abolish said 
 obstructions. 
 
 Art. 474. It shall not be lawful for any person to erect 
 any building or fence on the public squares, public grounds, 
 gulf or bay shores, sidewalks or on the alleys or streets of 
 said city ; and any building or fence which may be so erected, 
 shall be deemed a nuisance, and shall be removed to the 
 proper line of the street; and a neglect or refusal to alter or 
 remove any such house, building or fence, shall subject the 
 ofifender or offenders to a penalty of ten dollars for every 
 day such nuisance shall continue. 
 
 No trees shall be planted in the streets, nor shall any posts 
 be placed for an awning or other purposes in the streets, 
 except the same be planted or placed on the outside of the 
 sidewalks, and on a line with the same, under a fine of twenty 
 dollars against the ofi^enders for each offense against the 
 provisions of this article. 
 
 Art. 475. The alleys which divide the blocks or lots within 
 the city are not thoroughfares to every intent and purpose, 
 and therefore it shall be unlawful for any person to drive 
 any cart, wagon, dra}' or other vehicle into or through any 
 of the said alleys of the city, unless it shall be to receive or 
 deli^'cr a load in such alley, or to the stable or house where 
 
 203
 
 Art. 476-478, revised ordinances of the 
 
 such vehicle shall be kept; and every person offending against 
 the provisions of this article shall be subject to a fine of not 
 exceeding ten dollars for each and every offense. 
 
 Art. 47G. That whenever the health physician, for sani- 
 tary reasons, shall direct the filling up of an alley within the 
 limits of this city, or whenever the city engineer shall deem 
 the same necessary for the purposes of drainage or of travel, 
 it shafl be the duty of the engineer to establish the grade 
 of such alley, and he shall so regulate the same that the water 
 shall flow from the middle of said alley to the end thereof 
 and into the gutters in the adjacent street. And whenever 
 the health physician shall notify the engineer of the unsani- 
 tary condition of such alley, or the city engineer shall deem 
 the filling of such alley necessary for the purposes herein 
 stated, after having established the grade for such alley, it 
 shall be the duty of the city engineer to notifv the property 
 owners, or the agents of the owners, of lots terminating on 
 such alley, to fill the same to the grade established by him. 
 Said filling to be done by the owners of lots terminating on 
 such alley to the middle of the alley, and to be done at the 
 expense of the owners of the lots terminating on such alley. 
 Any owner of any lot or lots, or agent of any owner of any 
 lot or lots, terminating on au}^ alley which shall l)c required 
 to be filled in pursuance with the terms of this ordinance, 
 who shall fail or neglect or refuse to cause the same to be filled 
 as required by the terms of this ordinance, after tfn days 
 from receipt of notice from the city engineer, shall be fined 
 in the sum of ten dollars for each day after the expiration 
 of said ten days' notice which he shall allcnv said alley to 
 remain unfilled. 
 
 Art. 4T8. That, whenever the proprietor or all the pro- 
 prietors of the lots of any block desired to close the alley 
 in said block, he or they be and are hereby permitted to 
 do so, on application to the president, signed by all the parties : 
 provided, that if, at any time thereafter, any of the pro- 
 prietors of lots in a block, whose alley has been closed, shall 
 desire the same to be reopened, then it is reserved for the 
 board of the city of Galveston to order the reopening of the 
 
 204
 
 CITY OF GALVESTON. AkT. 479-480. 
 
 same, clue and sufficient notice having been first given to tlie 
 parties to be afifected by it, before the final action. 
 
 Art. 479. It shall not be lawful for any person, in building" 
 dr repairing any house, store or fence, to la}^ or place bricks, 
 boards or timber, or other materials for building, in the 
 streets more than thirty da3-s before commencing to build, 
 in such manner as to occupy more than one-third part of any 
 street or alley ; provided, that the entire sidewalk adjoining 
 any lot upon which a house is in course of erection or repair 
 may be thus occupied during the time such house is actually 
 in progress of building or being repaired, and such sidewalk 
 may be enclosed during such time, but no longer. And pro- 
 vided, further, that any person having the use of any por- 
 tion of the street or sidew^alk for the purpose of erecting or 
 repairing any building, storing material thereon, making an 
 excavation or for any purpose, shall cause lights to be placed 
 in conspicuous places in front of and about such obstruction 
 or excavation, from dark until sunrise, each night, during the 
 time such obstructions or excavations continue. And also 
 provided, further, that it shall not be lawful for any person 
 or persons using such portion of such streets for the purposes 
 mentioned above, to obstruct or close up the gutters on said 
 streets, but that they must keep the same clear and open, 
 and free from trash, during such time as the street is being- 
 occupied by them. Any person or persons oiTending against 
 the prcA'isions of this ordinance shall be subject to a fine 
 of five dollars for every day such ofifense is continued. 
 
 Art. 480. Xo person whatever, on any pretense, shall cut 
 any ditch, or shall build or place any barrier or way of earth 
 and shells, or of any other material, across any of the public 
 streets or alleys of this city, so as to impede or obstruct 
 the drainage thereof, unless permission so to do be especially 
 granted by the president and city engineer, who nia}^ grant 
 such permission only when it may appear to be for the 
 benefit of the section of the towai where the said ditch is to 
 be cut, or the said barrier or wa}^ is to be constructed ; and 
 any person ofifending against the provisions of this article 
 shall be fined not exceeding one hundred dollars. 
 
 206
 
 AllT. 481-485. l^EVISED ORDINANCES OF THE 
 
 Art. ISl. It shall not be lawful for any person or persons 
 to encumber any street, alley or sidewalk, within the limits 
 of the city with cotton, lumber, boxes, crates, firewood, carts, 
 drays, wagons or other articles; and any person or persons 
 so ofifending shall incur a penalty of five dollars for every 
 day's continuance of such obstruction. 
 
 Art. 4:82. AVh.enever any article may be found obstruct- 
 ing- or encumbering the streets or sidewalks, and the owner 
 or owners, or claimants, of such articles can not be found, 
 ■it shall be the duty of the chief of police, under the direction 
 of the president, to remove the same to some safe place of 
 deposit, and at the expiration of ten days thereafter, if no 
 demand be made for the same, such article or articles shall 
 be sold by the chief of police at pub!i<: auction for cash, 
 giving ten days' public notice of the time and place of sale, 
 the proceeds of which, after deducting all expenses and costs, 
 to be deposited with the cit}- treasurer for the use and benefit 
 of owner or owners thereof. 
 
 Art. 483. There shall be and is hereby reserved a space 
 of thirty feet in width in the center of the street, known 
 upon the plot or plan of the city as Broadway, the full length 
 thereof, between the cross streets, as far as the same now 
 does, or shall hereafter extend within the corporate limits of 
 Galveston city, whether the said limits shall remain as they 
 now are, or whether the same shall hereafter be extended, 
 for the purpose of planting shade trees and ornamentaf shrub- 
 bery, and to be used only as a footpath and as a place of 
 resort for pedestrians. 
 
 Art. iS-i. It shall be unlawful for any person to encumber 
 said space of thirty feet in the center of Broadway with any 
 manner of temporary or permanent incumbrance, obstruct- 
 tion or impediment of any kind whatever; and it is hereby 
 made the duty of the president at once to remove, or cause 
 the same to be done, any encumbrance, obstruction or im- 
 pediment that may at any time be placed thereon. 
 
 Art. 485. Whenever said trees and shrubbery shall be 
 planted, in whole or in part, in and on the said reservation, 
 or whenever the said reservation is graded or paved, in whole 
 or in part, it shall be unlawful for any person or persons to 
 
 206
 
 CITY OF GALVESTON. ArT. 486-488, 
 
 drive or ride within, upon or across its said limits, or for 
 any person or persons to permit any animal to go at large 
 or stray therein or thereupon. Any person who shall violate 
 the provisions of this article shall be fined in any sum not 
 exceeding ten dollars. 
 
 Art. 486. That it shall be unlawful for any person to use 
 the underground drains of the cit}' for sewerage purposes, 
 or as a place of deposit for refuse matter of any kind, or to 
 construct conduit pipes, boxes or ditches leading or opening 
 into said drains, or to tap or in an}- manner open said drains 
 Avith such pipes, boxes or ditches or otherwise, and any 
 person who shall empty, or cause to be emptied or discharged 
 into said drains any impure or unwholesome substance, or 
 use them in any way for sewerage or other purposes, shall, 
 upon conviction thereof, be fined in a sum of not less than 
 ten nor more than one hundred dollars for each ofifense. 
 
 Art. 487. It shall be and is hereby made the duty of the 
 health physician to at once notify all persons, who have con- 
 structed or are using pipes or openings into said drains, 
 to at once cause the same to be cut off, closed up or re- 
 moved, failing in which, after twenty-four hours' notice, the 
 person so offending shall be subject to a fine, upon con- 
 viction, of not less than five nor more than fifty dollars for 
 each day thereafter that said pipe or other opening into 
 said drain remains unclosed or in such unlawful position ; 
 and in addition to said fine, the delinquent shall also pay 
 the cost of filling up or removing said opening or pipe, 
 which may be recovered against him in any court of com« 
 petent jurisdiction. The city engineer shall immediately pro- 
 ceed to cut off from the drains and close up all such open- 
 ings and pipes, upon failure of the persons who used them 
 or placed them there so to do, after being duly notified, as 
 hereinbefore provided. 
 
 Art. 488. That it shall be unlawful for the driver of any 
 vehicle to obstruct the streets, or in any manner interfere 
 with the clear right of way for the engines, trucks and carts 
 of the fire department in going to fires, or when the alarm 
 of fire is sounded ; and it is made the duty of all drivers of 
 vehicles to turn out of the street or streets traversed by 
 
 207
 
 Art. 489-492. kevised ordinances of the 
 
 such engines, trucks and carts on their way to a fire or in 
 response to an alarm of fire ; and all street cars and other 
 vehicles arc prohibited from remaining on the street cross- 
 ings at night; and all persons are prohibited from obstruct- 
 ing the ends of streets, fronting on the levees, with cord 
 wood or other articles, or in any manner preventing free 
 access to the bay by the fire engines. Any person violating 
 any of the provisions of this article shall be fined in any sum 
 not exceeding fifty dollars. 
 
 Art. 489. That it shall be unlawful to take, remove or 
 carry away from any lot or parcel of land within the city 
 any earth, soil or sand, except after survey and under writ- 
 ten permit and supervision of the city engineer; nor so as 
 to interfere with any street or alley or other property or 
 with the drainage thereof, nor so as to reduce the level of 
 such lot or parcel of land below^ the level of the highest ad- 
 jacent street; provided, however, that this article shall not 
 apply to any necessary excavations for foundations, cisterns, 
 cesspools and the like. Any person who shall violate any 
 provisions of this article shall be fined in any sum not less 
 than ten dollars nor more than one hundred dollars for each 
 offense. 
 
 Art. 490. That it shall be unlawful for any person to 
 take, carry away or remove any dirt, sand, soil, earth or 
 shell from the gulf beach between First and Fiftieth streets, 
 or from Pelican Island or Pelican Spit or from any street, 
 alley, highway or public ground within the limits of the city 
 without a permit granted by the board of commissioners, 
 or under its authority. Any person who shall violate any of 
 the provisions of this article shall be fined in any sum not less 
 than five dollars nor more than one hundred dollars. 
 
 Art. 491. That the outer edge of the sidewalk shall be on 
 a line with the crown of the street, with a rise of five inches 
 to the line of the lot, and the grade of the city of Galveston, 
 within a line of fifteen hundred feet from the gulf or beach 
 shore, said line running parallel therewith, is and shall be 
 ten (10) feet, measured from mean low tide. 
 
 Art. 492. That the beach is hereby expressly set apart, 
 designated, declared to be a public avenue, and as such, sub- 
 
 208
 
 CITY OF GALVESTON. ART. 493-495. 
 
 ject to all the regulations and ordinances of the city relating 
 to streets and avenues, and the ordinances of the city for- 
 bidding obstructions of streets and avenues, and prescribing 
 penalties for their infringement, are hereby declared to be 
 applicable to the beach, and the proper officers of the city 
 are hereby instructed to strictly execute the provisions of 
 said ordinances, to the end that the beach shall remain clear 
 and open. 
 
 Art. 493. For the purpose of filling streets, alleys, high- 
 ways, public grounds, private lots, premises and property in 
 the city, sand ma}^ be taken and removed from the gulf beach 
 between the lines of ordinary high and low tide only, under 
 licenses to be issued by the board of commissioners or under 
 its authority and subject to the following regulations and 
 conditions : 
 
 Art. 494. The sand shall be hauled away in drays, carts or 
 wagons, for each of which the owner thereof shall procure a 
 separate license from the city secretary, which license shall 
 state the name of the owner, the character or description of the 
 vehicle and the number of horses or mules used to draw the 
 same, and the dates from and to which such license to haul sand 
 is given, and shall specify that no sand is to be taken above 
 the line of ordinary high tide nor outside the limits otherwise 
 fixed b}" the city engineer. Before issuance of such license 
 the person apphnng therefor shall pay the city secretary a 
 license fee according to the following schedule, for each day 
 such license is given : 
 
 For each vehicle drawn by one horse or mule, 20 cents. 
 
 For each vehicle drawn by two horses or mules, 30 cents. 
 
 For each vehicle drawn by more than two horses or mules, 
 40 cents. 
 
 Art. 495. From time to time the city engineer shall desig- 
 nate and indicate by proper means certain limits on the beach 
 within which sand may be taken and removed under such 
 licenses, having in view the accommodation in turn of the 
 different parts of the city and the ability of the police to 
 supervise the work and prevent evasion of the law, and 
 also the prevention of too much excavation at any one place 
 or time. Each license shall be kept by the person in charge 
 
 209
 
 Art. 4:96-498. revised ord [nances of the 
 
 of the vehicle to which it applies, and to be shown to any 
 and every police officer who may demand to see it, and 
 may and shall be revoked and canceled by written notice 
 from the city secretary if at any time or in any manner the 
 vehicle to which it applies is nsed in violation of its provisions. 
 
 Art. 49C. Sand for filling- streets, alleys, sidewalks, public 
 grounds or for any sanitary or other work done by the city 
 or under its authority and direction, may be taken from the 
 gulf beach between the lines of ordinary high and low tides 
 imder the direction, control and supervision of the city engi- 
 neer, upon whose requisition the city secretary shall issue 
 licenses in ordinary form without charge to the persons in 
 charge of the vehicles engaged in such work. 
 
 Art. 497. No person shall take up any portion of the 
 wooden pavement of this city for any purpose whatever with- 
 out first having obtained a permit from the city engineer, 
 and it is hereby made the duty of said engineer to supervise 
 said work and to compel the replacement of all such pave- 
 ment in a substantial manner. Any person violating this 
 article shall be punished by a fine of fifty dollars. The cit}' 
 engineer shall be entitled to charge a reasonable amount as 
 compensation for his services under the provisions of this 
 article. 
 
 Art. 498. It shall be unlawful for any person, firm or as- 
 sociation of persons to erect, keep, have, hold or maintain 
 over or across any sidewalk in the city of Galveston, a hang- 
 ing or suspended signboard, sign or other device, and each 
 day such hanging or suspended signboard, sign or other 
 device is so erected, kept, had, held or maintained, shall con- 
 stitute a separate offense ; provided, however, that in all in- 
 stances where there are signboards, signs or other devices 
 now hanging or suspended over or across any of the side- 
 walks in said city, the owner thereof shall have ninety days 
 from and after the passage of this ordinance within which 
 to remove the same. For a violation of any of the provisions 
 of this article the person so offending shall, on conviction 
 before the recorder, be fined not less than five dollars nor 
 more than fiftv dollars. 
 
 210
 
 CITY OF GALVESTON. ArT. 499-508. 
 
 Art. 490. Tliat it shall be unlawful for any person to cut, 
 break, bruise, mutilate or injure an}^ tree, shrub or flower 
 growing or planted on any esplanade, street or sidewalk in 
 the city. Any person who shall violate the provisions of 
 this article shall be fined in any sum not exceeding ten 
 dollars. 
 
 Art. 500. That an}^ person who shall be annoyed or dam- 
 aged by poultry of any kind running on the streets and side- 
 walks of the city, nia}^ have such annoyance or damage stopped 
 by reporting same to the chief of police, whose duty it shall 
 be to immediately notify the owners of said poultry of the 
 complaint made, and to warn that a second like complaint 
 would subject them to a fine not to exceed ten dollars. 
 
 Art. 501. It shall not be lawful for any person to throw 
 or deposit on or in any street, sidewalk, gutter, alley, ditch 
 or drain any filth, garbage, broken glass, tin chips or boxes, 
 bits of leather, paper hand bills, dodgers, advertisements, 
 newspapers, fruit-parings, banana or other fruit peelings or 
 any trash whatsoever, but the same may be placed only in 
 the garbage boxes or barrels prescribed by the ordinances 
 of the city. 
 
 Art. 502. It shall not be lawful for any person to throw 
 or drop from the roof or any upper stor}^ of any house upon 
 or in any of the streets, alleys, gutters or sidewalks in said 
 city any of the articles aforesaid. 
 
 Art. 503. It shall not be lawful for any person, firm or 
 corporation to exhibit or distribute or to have posted or 
 pasted up on any of the bill boards, fences, sidewalks, curb- 
 stones, posts or awnings in the city of Galveston, or display 
 in any window or show case any picture, print, lithograph 
 or advertisement representing a human figure in a lewd, im- 
 proper or indecent manner or representing such human figure- 
 as suffering from or being afflicted Avith disease of any kind 
 whatsoever, nor shall it be lawful in any of the methods 
 aforesaid, to exhibit advertisements of any medicine or 
 remedy purporting to cure such disease or ailment, where such 
 advertisement is accompanied by pictures or representations 
 of persons represented to be sufifering from such disease, and 
 all such pictures or representations so exhibited are declared 
 
 211
 
 Art. 504-508. revised ordinances of the 
 
 to be nuisances in any of the streets, alleys, or sidewalks of 
 the city of Galveston, and when posted or pasted up may be 
 removed by the chief of police or other officers of the city. 
 
 Art. 504. It shall not be lawful for any firm, corporation 
 or individual to throw in the yard or about the premises of 
 any house-holder in the city of Galveston any package con- 
 taining medicines or mixtures of drugs, chemicals or con- 
 coctions for advertising purposes, or for any other purpose. 
 
 Art. 505. That any person violating any of the provisions 
 of this ordinance shall, upon conviction thereof before the 
 recorder, be fined in any sum not less than one dollar nor 
 more than ten dollars, and every day that such pictures or 
 advertisement hereinbefore prohibited shall remain exposed 
 to the public view in the city of Galveston, in any of the 
 methods aforesaid, shall constitute a separate offense under 
 the provisions of this ordinance. 
 
 Art. 506. That it shall not be lawful for any person or 
 persons whenever any trees or shrubbery shall have been 
 trimmed or cut, to throw or place the limbs, branches, trim- 
 mings or leaves from the same in any street or alley of this 
 city, and such boughs and trnnmings are hereby declared to 
 be obstructions, which it shall be unlawful to leave on any 
 street or alley in said city. 
 
 Art. 507. Any person violating any of the provisions of the 
 seven preceding articles shall, upon conviction thereof, be fined 
 in any sum not less than one dollar and not exceeding ten 
 dollars. 
 
 Art. 508. That where the owner or occupant of any house, 
 store, shop or any residence shall have provided a box or 
 barrel for the purpose of collecting trash or other refuse for 
 removal by the carts of the city, it shall be unlawful for any 
 person, except an employe of the city, to remove, interfere with 
 or destroy such boxes or barrels, so provided and used for 
 such purposes. Any person violating the provisions of this 
 article shall, upon conviction before the recorder, be fined 
 in any sum not less than one dollar nor more than five dollars 
 for each offense. 
 
 212
 
 CITY OF GALVESTON. ART. 509-511. 
 
 CHAPTER TWO. 
 
 SEA SHORES. 
 
 Art. 509. That it shall be unlawful for any person or cor- 
 poration to make any excavations, or to place any earth, 
 stone, piling, logs, shell, or structures of any kind whatso- 
 ever, on the shores or in the waters within the limits of the 
 city of Galveston, as defined in Section 2 of the Charter of said 
 city of Galveston, without first obtaining the consent of the 
 board of the city of Galveston ; provided, that the provisions 
 of this ordinance are not intended, and shall not be con- 
 strued, to extend to any portion of the harbor of Galves- 
 ton over which the government of the United States law- 
 fully exercises jurisdiction and control, and provided, fur- 
 ther, that it is not intended, and shall not be construed to 
 apply to excavations in slips and repairs to wharves now in 
 existence or that may be hereafter authorized by the board. 
 
 Art. 510. Any person, whether acting for himself or as 
 agent, olBcer or .employe of any private corporation, or in- 
 dividual or individuals, who shall violate any of the pro- 
 visions of the foregoing section shall, upon conviction thereof 
 before the recorder of said city, be fined in any sum not more 
 than one hundred dollars for each and every offense. 
 
 Art. 511. That wheneve r any such obstruction or ob- 
 structions and excavations or material shall be found or re- 
 main on the said shores or in the said waters, in violation 
 of the provisions of this ordinance, and the owner or owners 
 or claimants thereof, or persons placing such obstructions 
 thereon, or causing such excavations, fail or refuse to remove 
 the same within five days after notice, in writing, by the 
 chief of police of said city, the same shall be deemed and 
 constitute a nuisance, and should the president deem it neces- 
 sary, he shall and he is hereby empowered to order the chief 
 of police, or other qualified of^cer, to proceed with a sufficient 
 force to remove said obstruction or obstructions, and to re- 
 store the said shores and said waters, if excavations shall have 
 been unlawfully made thereon ; and said chief of police, or 
 other qualified officer, as aforesaid, is hereby authorized and 
 empowered to summon such force as he may deem necessary 
 
 213
 
 Art. 5113. revised ordinances of the 
 
 to enforce the provisions of this ordinance, and to remove 
 and abolish such unlawful obstructions. 
 
 CHAPTER THREE. 
 
 SIDEWALKS. 
 
 Art. 512. The sidevv^alks of the city of Galveston shall 
 be sixteen feet wide, and it shall not be lawful for any per- 
 son or persons to obstruct or encumber the same in any man- 
 ner whatever by goods, wares or merchandise of any kind, 
 and merchants, shop-keepers and other persons are required 
 to move the goods, wares and all other objects, which might 
 obstruct or encumber the sidewalks, into their houses, yards 
 or other places under a penalty of five dollars for every day 
 such obstruction or encumbrance shall exist ; Provided, any 
 merchant, shop-keeper or other person occupying and doing 
 business in any house in this city shall be allowed four feet of 
 the inner side of the sidewalk fronting such house for the shel- 
 ter and display, but not for the sale, of such goods, wares and 
 merchandise as are sold or dealt in by such person within such 
 house, under regular license issued b}^ the city, and. provided 
 further, that molasses and all such articles of merchandise as 
 are subject to leakage or escape shall not be kept, sheltered or 
 stored on sidewalks or in such positions as to permit the con- 
 tents of barrels or packages to escape upon the sidewalk 
 or into the gutters ; And, provided, further, that until other- 
 wise ordained by the Board of Commissioners, nothing con- 
 tained in this article shall operate to interfere with any fruit 
 stand or other stand for sale of merchandise or other wares 
 heretofore established and now in operation on any sidewalk 
 in the city and not using or occupying more than four feet of 
 the inner side of such sidewalk. But persons doing wholesale 
 jobbing or commission business in premises fronting on Ave- 
 nues A or B or C may use more of the sidewalk in front of 
 their premises for receiving, shipping, handling and keeping 
 their goods and wares and consignments during business 
 hours; provided that there shall always be sufficient space 
 left on such sidewalks for the convenient passage of the pub- 
 lic along the same. 
 
 214
 
 CITY OF GALVESTON. ArT. 514-515. 
 
 Any person who shall violate any provision of this article 
 shall be fined five dollars for each offense and each day such 
 violation shall continue shall constitute a separate offense. 
 
 Art. 514. No gallery, balcony or other projection, affixed 
 to or forming a part of any house or other building, shall be 
 made to extend over any sidewalk more than four feet, nor 
 at a less height than ten feet above the sidewalk; and all such 
 as may be otherwise constructed shall be deemed an encroach- 
 ment upon the sidewalk and a nuisance, and the person who 
 caused the same to be constructed shall incur a penalty of 
 twenty dollars, and the gallery, balcony or projection shall 
 be removed or altered, in conformity with the provisions 
 hereof ; and neglect or refusal to alter or remove such nuisance 
 shall subject such person or persons thus offending to a 
 penalty of five dollars per day during the continuance of 
 said nuisance. 
 
 Art. 515. Owners or occupants of houses within the city 
 shall have the privilege of extending an awning or shed from 
 said house over the sidewalk ; provided, that the same shall 
 extend to the curbing of said sidewalk, and shall be so con- 
 structed as not to enclose the public gas lamp, or obstruct 
 the public light. Sufficient openings shall be left to see the 
 lamp plainly from all sides ; the pillars or posts supporting 
 the same shall be mortised, or let into the curbing, and 
 seven feet apart ; and provided further, that said shed shall 
 be eight feet from the curbs of the sidewalk to the eaves 
 thereof, and next the house ten feet from the ground to the 
 top, and said shed shall be kept at all times neatly painted ; 
 provided further, that w^ithin the prescribed fire limits such 
 awnings or sheds over sidewalks shall be built or erected 
 on iron columns, and the roof and other necessary wood- 
 work to be covered with fire-proof material. And any person 
 or persons who may have heretofore erected, or who shall 
 hereafter erect an awning or shed from his house contrary 
 to the provisions of this article, shall be compelled to remove 
 the same, and shall be notified so to do by the chief of police, 
 within a certain time, to be appointed in such notice. And 
 every person refusing or neglecting to remove such awning 
 or shed within the time limited as aforesaid, shall be subject, 
 16- 215
 
 Art. 516-519. revised ordinances of the 
 
 after the expiration thereof, to a fine of not more than twenty 
 dollars for each and every day the said awning- or shed shall 
 be continued. 
 
 Art. 510. It shall be the duty of every owner, occupant 
 or ag-ent of any lot or parcel of ground within the limits of 
 the city, to keep the sidewalks in front of and around the same 
 free and clear from weeds, grass and trash, from the line of 
 the said lot or parcel of ground to the curbing of the sidewalks 
 thereof, or at least the distance of sixteen feet from the line 
 or lines of the lot or parcel of ground into the street or streets 
 adjoining, and any and every person failing to comply with 
 the provisions of this article shall be notified by the chief of 
 police to do so within twenty-four hours from the receipt 
 of such notice, and on refusal or failure to comply therewith, 
 such owner, occupant or agent shall be fined in a sum of not 
 more than ten dollars for each and every offense. 
 
 Art. 517. It shall be the duty of all owners or occupiers 
 of houses, stores, shops or vacant lots to keep the sidewalks 
 before their houses, stores, shops or vacant lots clean and 
 in good condition, and it shall be unlawful and prohibited to 
 sweep into the gutters, or throw into the streets and alleys, 
 ofifal, debris or anything else; such sweepings, debris, offal, 
 etc., shall be collected in boxes or barrels and placed before 
 the doors, at the edge of the sidewalk, or in the alleys, as 
 may be directed by the health physician where scavenger 
 carts shall take it at certain hours, not later than 9 o'clock 
 a. m., and the empty boxes or barrels shall not remain on the 
 sidewalk, but be taken back to the house by the owner. Any 
 person violating this article shall be fined not more than ten 
 dollars for each offense. 
 
 Art. 518. That the sidewalks on both sides of the here- 
 inafter to be named streets, shall be filled up, graded, curbed 
 and paved, in the manner and with the materials herein desig- 
 nated. The sidewalks so to be improved shall be divided into 
 two classes, viz : class A and class B. 
 
 Art. 519. Class A shall embrace the sidewalks on the 
 south side of Avenue A and on both sides of Strand or Ave- 
 nue B, Mechanic or Avenue C, Postoffice or Avenue E, each 
 between Eighteenth and Twenty-fifth streets; also on both 
 
 216
 
 CITY OF GALVESTON. ART. 520-521. 
 
 sides of Market street or Avenue D, from Eighteenth to 
 Twenty-third street ; also on both sides of Nineteenth, Twen- 
 tieth, Twenty-first, Twenty-second, Twenty-third and Twenty- 
 fourth streets, each between Avenue A and Postoffice street 
 or Avenue E ; and also on the west side of Eighteenth and 
 on the east side of Twenty-fifth streets. And. said sidewalks 
 shall be filled up or raised to the grade established by the city 
 engineer, and paved with either of the following named ma- 
 terials, viz. : asphalt, hard bricks, laid in a bed of Portland 
 cement and properly grouted ; concrete, made of Portland ce- 
 ment mixed with other proper materials, or with tile or 
 stone laid in a bed of Portland cement ; and the curbing around 
 the same shall be made of the best hard brick, laid in Portland 
 cement and capped with a plank of hard pine, three inches in 
 thickness and twelve inches wide, properly fastened to the 
 curbing with necessary iron bolts. 
 
 Art. 520. Class B shall embrace the sidewalks on both 
 sides of Avenues E, G, H, I and J, from Eighteenth street 
 to Twenty-fifth street, and on both sides of Eighteenth, Nine- 
 teenth, Twentieth, Twenty-first, Twenty-second, Twenty- 
 third Twenty-fourth and Twenty-fifth streets, each between 
 Avenues F and J. And said sidewalks shall be filled or 
 raised to the grade established by the city engineer and 
 curbed with red heart cypress wood, stone or brick, and a 
 pavement, six feet in width, laid in center of the same ; the 
 said -pavement to be composed of either asphalt, hard brick, 
 laid in mortar and grouted ; concrete made of Portland cement 
 and other proper materials ; tiles or stones. 
 
 Art. 521. That where pavements have already been made 
 (excepting such as are made of planks and boards), and they 
 are found to be below the established grade, the owners or 
 agents of the property fronting on the same shall be notified 
 by the city engineer to raise the same forthwith to the re- 
 quired height ; and if not done in accordance with the 
 said notice, then, in that event, the board shall cause 
 the same to be done by contract or otherwise, and the cost 
 thereof shall be assessed against the property front- 
 ing or abutting on the said sidewalks ; where sidewalks 
 have been planked over, or platforms of planks or boards 
 
 217
 
 AkT. o22-523. EEVISED ORDINANCES OF THE. 
 
 have been made across the sidewalks, they shall be taken 
 up and removed, and the sidewalk shall be paved as pro- 
 vided herein for other sidewalks. The pavement to be laid 
 upon each sidewalk shall be uniform throughout the same: 
 that is to say, shall be composed of the same material, except 
 when parts of a sidewalk are already paved. 
 
 Art. 522. That^ in all cases where sidewalks anywhere in 
 the corporate limits are found to be so low or defective that 
 water will accumulate thereon in wet weather, the owners 
 or agents of the property fronting on the same shall be re- 
 quired to fill, raise or repair the same forthwith by making 
 a walk of at least six feet width, on the said sidewalk, of sand, 
 shells, gravel or other imperishable filling, of sufficient height 
 to prevent water from remaining thereon, and making the 
 sidewalk passable in wet weather. If, after thirty days from 
 the passage of this ordinance, any sidewalk within the corpo- 
 rate limits is not filled, raised or repaired in accordance with 
 this article, the said owners or agents shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be fined 
 in a sum not less than one dollar nor more than ten dollars 
 for each day's continuance in such failure or refusal. It is 
 made the duty of the police and health departments to look 
 to the enforcement of this ordinance, and any notice or 
 complaint given to either of the departments of non-compli- 
 ance with this ordinance, shall receive attention by investiga- 
 tion of the places indicated and by a charge against the re- 
 spective owners or agents if such charge appears to be justi- 
 fiable. Complaint to be made by chief of police or the health 
 physician. 
 
 Art. 523. That the sidewalks on both sides of Sixteenth 
 street, between Avenue B and alley north of Avenue A; 
 
 Eighteenth street, between Avenue B and alley north of 
 Avenue A; 
 
 Twenty-third street, between Avenue N and Avenue R; 
 
 Twenty-fourth street, between Avenue D and Avenue E ; 
 
 Twenty-fifth street, between Avenue B and Avenue C ; 
 
 Twenty-ninth street, between Avenue B and Avenue C; 
 
 Thirtieth street, between Avenue E and Avenue H; 
 
 Avenue B, between Sixteenth and Eighteenth streets; 
 
 218
 
 CITY OF GALVESTON. Art. 524-526. 
 
 Avenue D, between Twenty-fifth and Thirty-third streets ; 
 
 Avenue E, between Twenty-third and Twenty-fifth streets ; 
 
 Avenue O, between Twenty-third and Thirty-fourth streets ; 
 shall be curbed by the best hard brick, stone or artificial stone, 
 laid in good cement mortar and brickwork, capped where 
 necessary, with a plank of heart pine, three inches in thick- 
 ness and twelve inches wide, properly fastened, to the curbing 
 with necessary iron bolts, and the sidewalks then filled to 
 grade. 
 
 CHAPTER FOUR. 
 
 CONDEMNATION OF PROPERTY FOR OPENING STREETS. 
 
 Art. 524. That, whenever the board shall deem it neces- 
 sary to take an}^ private property in order to open, change, or 
 widen any public street, avenue or alley, such property may 
 be taken for such purpose by making just compensation to 
 the owner thereof. If the amount of such compensation can 
 not be agreed upon, it shall be the duty of the board to cause 
 to be stated in writing the real estate or property sought to 
 be taken, the name of the owner thereof and his residence, if 
 known, and file such statement with the county judge of the 
 county of Galveston. 
 
 Art. 525. Upon the filing of such statement it shall be the 
 duty of said judge, in term, time or vacation, to appoint three 
 disinterested freeholders and qualified voters of the county of 
 Galveston as special commissioners to assess the damages to 
 accrue to the owner by reason of such proposed condem- 
 nation. 
 
 Art. 52G. The commissioners so appointed shall in their 
 proceedings be governed and controlled by the laws in force 
 in reference to the condemnation of the right of way for 
 railroad companies and the assessment of the damages there- 
 for, the city occupying the position of the. railroad company ; 
 and all laws in reference to applications for the condemnation 
 of the right of way for railroad companies, including the meas- 
 ure of damages, the right of appeal, and the like, shall 
 apply to an application by the city for the condemnation of 
 property for the purpose of opening, changing or widening 
 
 219
 
 Art. 527-528. revised ordinances of the 
 
 streets, avenues or alleys, the city to occupy the position of the 
 railroad company. 
 
 CHAPTER FIVE. 
 
 HACKS, DRAYS AND OTHER VEHICLES. 
 
 Art. 527.- That it shall be unlawful for any person, firm 
 or corporation jn said city to run or keep for public or private 
 use or hire any of the vehicles hereinafter mentioned, without 
 having first obtained a license therefor, and given a bond, 
 and paid the license dues prescribed by this ordinance. 
 
 Art. 538. That every person, firm or corporation, desiring 
 to keep for public or private use or hire any of the vehicles 
 hereinafter described, shall obtain from the ~ city collector a 
 license, in which shall be described the vehicle, with the num- 
 ber of animals to be used, and the period for which said license 
 shall be in force, and shall execute a bond in the sum of $100. 
 two or more sureties, to be approved by the city collector, 
 payable to said city, and conditioned as folloAvs: That said 
 person, firm or corporation shall well and truly perform and 
 discharge each and all the duties and obligations devolving 
 upon the said person, firm or corporation, and incumbent 
 upon same, under the ordinances of the said city relative 
 to drays and vehicles, dray and vehicle license, driving and 
 managing the same, now in force, or that shall hereafter be 
 enacted; and shall also pay the following license dues for each 
 and every dray, furniture cart, or grocery or delivery wagon, 
 drawn by not more than one animal, as license dues, the 
 sum of five dollars, and the cost of numl)ering not to ex- 
 ceed twenty-five cents; for each and every milk and butcher 
 wagon, or other vehicle used for such juirpose, drawn by not 
 more than one animal, as license dues, the sum of two dollars 
 and fifty cents, and the cost of numbering not to exceed 
 twenty-five cents ; for every truck or float, drawn by two 
 animals, as license dues, the sum of twelve dollars, and the 
 cost of numbering not to exceed twenty-five cents; for all 
 other four-wheeled vehicles used for transportation of merchan- 
 dise, baggage, etc., and drawn by two animals, as license dues, 
 the sum of eight dollars, and the cost of numbering not to 
 exceed twenty-five cents; provided, that when any vehicle 
 
 220
 
 CITY OF GALVESTON. ART, 529-531. 
 
 is drawn by a greater number of animals than that speciall}' 
 set forth for such vehicle, an additional amount of one dollar 
 shall be paid for each additional animal ; for each and every 
 hack and omnibus, and for each and every street railway car 
 for the transportation of passengers for hire, or for the use 
 and convenience of the guests of hotels, as license dues, the 
 sum of eight dollars, and the cost of numberii,ig not to ex- 
 ceed twenty-five cents ; for each and every buggy kept for 
 hire, as license dues, the sum of five dollars, and the cost of 
 numbering not to exceed twenty-five cents ; for each and 
 every private carriage drawn by more than one animal, as 
 license dues, the sum of five dollars, and the cost of number- 
 ing not to exceed twenty-five cents ; for each and every buggy, 
 buckboard, or other vehicle not heretofore mentioned, kept 
 for private use. as license dues, the sum of two dollars and 
 fifty cents, and cost of numbering not to exceed twenty-five 
 cents. 
 
 Art. 539. That all drays, carts, trucks, market wagons, 
 grocery wagons, milk carts, other vehicles used for carrying 
 milk, and butchers" wagons, shall have affixed to them a num- 
 ber painted on a plate corresponding to the number of license, 
 and the color of said number shall be changed annually; and 
 all oinnibuses and public hacks or carriages shall have painted 
 on the front and side lights a number, in colors to be desig- 
 nated annually by the city collector, corresponding to the 
 number of the license of such vehicle; and all buggies, public 
 and private, and all private carriages shall have affixed to 
 them in some conspicuous place a number, to be furnished by 
 the city collector on payment of license. 
 
 Art. 530. That all license dues provided for in the pre- 
 ceding articles of thi^ chapter shall run from the first day 
 of January one year to the first day of January next year; 
 provided, that such license dues may be paid at any time 
 during- the year for the unexpired portion thereof, upon pay- 
 ment of a proportionate amount of the annual dues, and 
 license shall be issued therefor. 
 
 Art. 531. The amount of license dues hereinbefore men- 
 tioned shall be paid to the city collector, who shall issue to 
 the partv paying same a receipt for the amount paid ; said 
 
 221
 
 Art. 532-533. revised ordinanx^es of the 
 
 receipt shall state the number to be used by said party upon 
 the vehicle paid on by him, and the collector shall also issue 
 a number plate to accompany said receipt, keeping in a book 
 provided for the purpose a correct list of the names of the 
 owners or proprietors of all vehicles hereinbefore mentioned, 
 the number of each receipt and plate delivered, and the desig- 
 nation of each species of carriage or vehicle for which said 
 license dues shall be collected. 
 
 Art. 532. Every hack, coach, carriage, cab, omnibus or 
 other vehicle for the conveyance of passengers, when driven 
 or used, or waiting and standing for use on any public street 
 or place in the night time within said city, shall have fixed 
 upon some conspicuous part of each of the outsides thereof, 
 a lighted lamp, with plain glass fronts and sides, with the 
 number designated by the city collector painted with colors, 
 on the inside and fronts of each of said lamps in distinct 
 and legible figures, not less than two inches in size, and so 
 placed that said numbers and lamps may be distinctly seen 
 from the inside and outside of such vehicle; and shall have a 
 card furnished by the city, at the expense of the owner, con- 
 taining the prices and rates of fare allowed him, and the name 
 of the owner; and said card shall always be kept framed 
 and posted, right side up, in some conspicuous place in each 
 vehicle, so that the same can be easily seen and read by the 
 passengers at all times ; and any person or persons running 
 any such vehicles for the purposes herein contained, without 
 complying literally with its provisions, shall pay a fine of 
 not less than ten nor more than one hundred dollars for each 
 and every contravention. 
 
 Art. 533. Every person who shall take out a license, as 
 hereinbefore directed, shall be responsible for all persons who 
 shall run with his number or license, unless a declaration of 
 transfer or substitution shall have been made by him at the 
 collector's office, stating the name of the party substituted, 
 which shall be approved by the board of commissioners ; and 
 such person so substituted shall be bound in the same manner 
 as if he had taken out the license the first instance, and shall 
 be required to execute a bond as required in article 528 ; and 
 failing to execute such bond, the substituted or transferred 
 
 222
 
 CITY OF GALVESTON. ArT, 534-587. 
 
 license shall give such transferee no right to run such vehicle ; 
 and every person violating the provisions of this article shall 
 pay a fine of from ten to twenty-five dollars for each and every 
 violation. 
 
 Art. 534. Any person who shall run or cause to be run, 
 within the limits of this city, any dray, cart, cab, hack or 
 other vehicle whatever, with false numbers, or who shall have 
 affixed the numbers of any previous year, or the same numbers 
 to two or more vehicles, shall pay a fine of not less than ten 
 dollars nor more than one hundred dollars for each and every 
 such offense. 
 
 Art. 535. Whenever the number of any dray, cart, cab, 
 hack or other carriage or vehicle shall be erased or defaced 
 by time or any other cause, so that it can not be distinctly 
 deciphered, the owner of such vehicle aforesaid shall have 
 his number immediately reinstated ; and in case of his neglect 
 or refusing so to do, he shall pay a fine of not over twenty-five 
 dollars for each ^nd every violation of this provision, or be 
 imprisoned from seven to fourteen days. 
 
 Art. 536. Any drayman, carter, coachman, or other driver 
 of any cart, dray, wagon, cab, hack, coach or other carriage 
 or vehicle whatever, public or private, or any person riding 
 on horseback, or any person riding a bicycle or tricycle, who 
 shall be guilty of running or galloping his horse or horses, 
 mule or mules, through any of the streets of the city or on the 
 beach, within the city limits, or who shall be guilty of driving 
 or riding at any faster rate than a slow trot or pace, not ex- 
 ceeding eight miles an hour, and any drayman or driver of any 
 heavily loaded vehicle who shall drive his dray or vehicle 
 at an}^ faster gait than a walk through the streets of the city, 
 shall be arrested and fined from five to twenty-five dollars 
 for each ofifense. 
 
 Art. 537. It shall be the duty of all draymen, carters, 
 coachmen, and all other drivers of drays, carts, hacks, wagons, 
 cabs or any vehicle whatever, public or private, and the 
 duty of all persons riding bicycles or ticycles, or any person 
 on horseback, when meeting any other carriage or vehicle, 
 or any person on horseback, to take the right side of the street 
 or road they may be in, or on the beach within the city limits, 
 
 223
 
 Art. 538-540. revised ordinances of the 
 
 until such carriage or vehicle, or bicycle or tricycle, or person 
 on horseback, shall have passed, or until they have passed 
 such vehicle, bicycle, tricycle, or person on horseback, and 
 any such driver or rider from behind, shall slow up and pass 
 upon the left of such vehicle, bicycle, tricycle or rider; and 
 any person failing to do so, or in any manner violating the 
 provisions of this article, shall pay a fine of not less than five 
 nor more than twenty-five dollars for each ofifense. 
 
 Art. 538. If any accident or injury shall happen on ac- 
 count of any drayman, carter, coachman, horse or horses, 
 mule or mules, dray, cart, wagon, coach, cab, hack or other 
 vehicle whatever, public or private, or on account of any per- 
 son riding on horseback, bicycle or tricycle, coming in contact 
 with any person or vehicle anywhere within the city limits, 
 it shall be the duty of such coachman, drayman, carter or 
 other driver or rider aforesaid, to stop and render assistance, 
 if necessary, and to give his name or that of his employer, and 
 place of abode and the number of the carriage or vehicle ; and 
 in default thereof he shall pay a fine of not less than ten nor 
 more than twenty-five dollars, or be imprisoned for from ten 
 to fourteen days. 
 
 Art. 539. Any person using a bicycle or tricycle on the 
 public streets of this city shall be recjuired to carry on such 
 vehicle, after sundown and before sunrise, a light of sufficient 
 illuminating power to be visible at a distance of two hundred 
 feet, also an alarm bell, and a signal shall be given by sound- 
 ing said bell, or otherwise, on approaching and crossing the 
 intersection of any 'streets or avenues. Any person violating 
 any of the provisions of this ordinance shall be punished by a 
 fine of not less than five nor more than twenty-five dollars 
 for each and every offense. 
 
 Art. 540. It shall not be lawful for any drayman, or any 
 person, to ride or drive any horse, or cart, or carriage, or other 
 vehicle of any kind whatever, over or on the sidewalk or side- 
 walks of any street or streets, under a penalty of five dollars 
 for each and every ofifense, and every drayman or other person 
 who shall injure any sidewalk by thus riding or driving any 
 horse, cart, dray, carriage or other vehicle over the same shall 
 be required to repair the damage done to the said sidewalk 
 
 224
 
 CITY OF GALVESTON. ART. 541-544. 
 
 within twenty-four hours thereafter, on penalty of two dollars 
 for each offense. 
 
 Art. 541. Carters, draymen, etc., shall not, under any pre- 
 text whatever, when unemployed, refuse to transport mer- 
 chandise and any other articles whatever, on payment of the' 
 legal dues, under penalty of fine of five dollars for each and 
 every violation. 
 
 Art. 542. Each and every driver of a cart or dray shall 
 be required to take upon his cart or dray a full load — that is, 
 one hogshead of sugar, twelve sacks of cofifee, four barrels 
 of liquors or provisions, seven barrels of flour, six sacks of 
 salt (large), four hundred feet of lumber (board measure), 
 one-half cord of wood, three bales of cotton ; and no driver 
 shall be required or allowed to take for a load, of any articles 
 not enumerated, more than fifteen hundred pounds ; and no 
 vehicle of any kind whatever shall be allowed to haul over the 
 streets of the corporation a load to consist of over six thousand 
 pounds in weight; provided, in such articles as machinery, 
 etc., the president shall have power to grant a special permit. 
 
 Art. 543. Every driver of a cart or dray shall be entitled 
 to demand and receive, before delivery of the load, of the per- 
 son who employs him, the following prices, to-wit : For 
 every load not exceeding ten squares, fifty cents, and in pro- 
 portion for a greater distance — provided, that nothing herein 
 contained shall prevent a special agreement as to amount to 
 be charged. 
 
 Art. 544. The prices to be charged by the owner or owners, 
 driver or drivers, of any hackney coach, carriage, or other 
 vehicle for the conveyance of passengers, for hire, within said 
 city, shall be as follows, to be regulated and estimated by the 
 distance on the most direct route : For carrying a passenger 
 to or from any place within the limits of said city, fifty cents, 
 but in no instance shall any charge be made for children under 
 five years old belonging to the family of or party hiring said 
 vehicle ; for the use of any buggy or other vehicle, drawn by 
 one horse or other animal, by the hour, one dollar and fifty 
 cents; for the use of any hack or other vehicle drawn by two 
 horses, per hour, two dollars ; and double the above rates be- 
 tween the hours of nine o'clock p. m. and five o'clock a. m. 
 
 2-2.T
 
 AKT. 545. REVISED ORDINANCES OF THE 
 
 may be charged. Every passenger shall be allowed to have 
 conveyed upon such vehicle, without extra charge, his ordi- 
 nary traveling baggage, or other luggage, not to exceed in 
 weight twenty-five pounds. No owner or driver of any hack- 
 ney coach, cab, carriage, coach, or other vehicle, licensed as 
 aforesaid, shall neglect or refuse to convey in said city any 
 person or persons, with or without such baggage, when applied 
 to for that purpose, or ask, take or extort from any such person, 
 a price or rate of fare for such conveyance greater than is 
 herein established, under a penalty of not less than ten nor 
 more than one hundred dollars. 
 
 Art. 545. No owner or owners, or any other person having 
 charge of any cart, dray, hackney coach, or any other carriage 
 or vehicle, whether used for hire, burden or pleasure, shall stop 
 or place such vehicle at or near the intersection of any street, 
 lane or alley, in such a manner as to prevent foot passengers 
 from passing such street, lane or alley; and any person who 
 shall so place any such vehicle, as aforesaid, and shall not im- 
 mediately, on the request of any foot passenger, cause the 
 same to be removed, or shall absent himself so that the re- 
 quest cannot be immediately made and complied with, shall 
 be liable to pay a fine of not more than one hundred dollars, 
 nor less than ten dollars, for each violation. No person having 
 in charge any coach, cab, omnibus or other carriage or vehicle 
 for the conveyance of passengers, luggage or baggage, shall, 
 while waiting employment at any stand, wharf, railroad depot, 
 or any other place whatever, be or remain more than six feet 
 from the vehicle he has in charge ; and no more than one driver 
 shall be allowed to each hackney coach, omnibus or other ve- 
 hicle intended for the conveyance of passengers, unless it be 
 persons belonging to the same establishment. No owner or 
 driver of any cab, hackney coach, carriage, hack, omnibus, cart, 
 dray, or other vehicle, while waiting employment at any rail- 
 road depot, wharf, steamboat landing, or other public places in 
 said city, shall unnecessarily snap, crack or flourish his whip, 
 or use indecent or profane language, or be guilty of boisterous 
 or loud talking, or any disorderly conduct, or vex or annoy 
 travelers or citizens; and such owners and drivers are required 
 to obey any and all rules and regulations adopted by any ratl- 
 
 226
 
 CITY OF GALVESTON. AeT. 546- 54 S. 
 
 road cohipany or person or association for the promotion of or- 
 der at any public landing, railroad depot, or other public place 
 in said city, not inconsistent with the ordinances of said city 
 and the police rei^ulations thereof. Any person or persons who 
 shall violate any or either of the provisions of this article, or 
 who shall fail or neglect to comply with its requirements, shall, 
 on conviction, pay a fine of not less than ten nor more than 
 one hundred dollars, and, in the discretion of the president, 
 forfeit his license. 
 
 Art. 546. That, if any person shall ol:)tain the use of anv 
 hackney coach, carriage or vehicle for the conveyance of pas- 
 sejigers, or a seat therein, without having the then present 
 means of paying therefor, without notifying the driver or owner 
 thereof of the fact, and shall enjoy the use of the same without 
 paying therefor under the supposed ability so to do, or if any 
 person shall obtain the use of any vehicle or carriage, or a seat 
 ^herein, with a view to enjoy the same without paying there- 
 for, or in any wise by cunning or device to defraud the owner 
 or driver of any such hack, coach, carriage or other vehicle 
 as aforesaid, out of any of the rates or dues to which any such 
 owner or driver is or may be entitled to receive by virtue of 
 any ordinance, such person so offending shall be deem.^d 
 guilty of fraudulently obtaining the use of the same ; and any 
 person so offending shall be fined in a sum not less than five 
 nor more than twenty-five dollars. 
 
 Art. 547. All license dues collected by the city collector, 
 under the provisions of this chapter, shall, after retaining suffi- 
 cient amounts to pay the expenses of issuing said licenses and 
 keeping a record thereof, be by him paid to the city treasurer, 
 and the amount so paid shall not be used for any other purpose 
 than the improvement of the streets, alleys and avenues of 
 the city ; and fines and penalties collected under the provisions 
 of this chapter, shall be used exclusively for the improvement 
 of the streets, alleys and avenues of the city. 
 
 Art. 548. That the city collector, whenever it comes to his 
 knowledge that there has been a violation of any article of this 
 chapter, shall notify the chief of police in writing, giving the 
 name or names of the person or persons, and upon receipt of 
 such notification, the chief of police shall cause such person to 
 
 227
 
 Art. 549-552. revised ordinances of the 
 
 be arrested and brcnight before the recorder; provicfed, that 
 nothnig contained m this article shall prevent the arrest by 
 said chief of police of any ofifender against this chapter at any 
 time that he may get information otherwise than aforesaid 
 that the chapter is being violated ; and the city collector shall 
 have prepared the necessary numbers to be used as hereinbe- 
 fore mentioned, same to be paid for by owners or drivers of 
 vehicles as hereinbefore mentioned. 
 
 Art. 549. That the center of Tremont street, except at its 
 intersection with other streets, from avenue C or Mechanic 
 street, to avenue F or Church street, be and is hereby desig- 
 nated as a stand for hacks and carriages, to stand in single 
 line, one behind the other, facing north or south. 
 
 Art. 550. Twentieth street from the north end of the mar- 
 ket, fronting on Mechanic street, to the Strand ; the center of 
 Bath avenue, from strand to Market street, except at its in- 
 tersection with Mechanic street, and the necessary space next 
 to the sidewalk around the public square between Twentieth 
 and I'wenty-first streets and avenues G and H, are hereby 
 designated as stands for all other vehicles. 
 
 Art. 551. Where the center or any part of a street is des- 
 ignated as a stand, vehicles when not employed shall there be 
 drawn up in line, with their drivers in attendance; and it shall 
 be unlawful for any vehicle, when unemployed to stand else- 
 where on the streets of the city than at the places hereinbefore 
 designated, unless the consent of the occupants or persons in 
 control of the premises be first obtained for any vehicle to 
 .-tand in front thereof, next to the sidewalk. While unem- 
 ployed and while waiting employment, the driver of such ve 
 hide shall be in attendance thereon, and shall not leave his 
 team, except for reasonable cause or necessary ^mrpose, a-cul 
 not then unless his animals are securely tied each with a strong 
 ro^'C or halter to a proper hitching post, with the :onsent of the 
 person in front of whose premises the post stands, or left in 
 charge of some competent person ; provided, the time of such 
 absence shall not exceed ten minutes. 
 
 Art. 552. No driver of any hack, omnibus, baerefasre wasron. 
 aray, or other vehicle for hire, shall stop or permit his vehicl'^. 
 
 228
 
 CITY OF GALVESTON. AKT. 553-555. 
 
 to stancl on those portions of Strand and Twenty-fiftli streets 
 within the following- boundaries : 
 
 Beginning- at the property line at the southeast corner of 
 block 685 and running along the east line of said block 685 to 
 the alley line, a distance of one hundred and twenty feet ; 
 thence at right angles eastward, sixty feet ; thence at right 
 angles southward, one hundred and sixty feet; thence at right 
 angles westward, seventy-six feet ; thence at right angles 
 northward to the south property line of said block, forty feet, 
 and thence eastward to the place of beginning, sixteen feet. 
 
 Art. 553. No driver of an}- hack, omnibus, baggage 
 wagon, dray, or other vehicle for hire shall enter the said pas- 
 senger station, except for the purpose of carrying the baggage 
 of a passenger into the said station; no driver of any such 
 vehicle shall stand on the sidewalk in front of the said pas- 
 senger station on Twenty-fifth street, and shall not stand on, 
 occupy or be upon the sidewalk on the north side of Strand 
 street, between Twenty-fifth and Twenty-sixth streets, and 
 every such driver shall remain on his vehicle imtil called by 
 some person to take or receive his baggage, for which purpose 
 only such driver may go upon such sidewalk. 
 
 Art. 554. No hotel runner or other person soliciting cus- 
 tom from any hotel or boarding house shall enter the said pas- 
 senger station, or go upon or stand upon any part of the side- 
 walk in front of the said station on Twenty-fifth street, nor any 
 part of the sidewalk on the north side of Strand street, be- 
 tween Twenty-fifth and Twenty-sixth streets, and no such 
 hotel runner or other person shall solicit custom or business at 
 any place in the city of Galveston within a radius of two hun- 
 dred feet from the southeast corner of the said passenger 
 station. 
 
 CHAPTER SEVEN. 
 
 CENTENARY SYSTEM. 
 
 Art. 555. That what is known as the centenary system 
 of numbering houses is hereby adopted for the city of Galves- 
 ton, and all business houses, dwellings and public buildings 
 within the corporate limits of said city shall be numbered in 
 the manner and according to the said plan or system as herein- 
 after described. 
 
 229
 
 Art. 556-557. revised ordixances of the 
 
 Art. 556. That First street on th€ east shall be the base 
 line from which all houses, situated on avenues running east 
 and west, shall be computed and numbered ; that all houses on 
 the south side of said avenues shall be numbered with odd 
 numbers, and all houses on the north side of said avenues shall 
 be numbered with even numbers ; that there shall be fourteen 
 odd numbers and fourteen even numbers to each block on said 
 avenues, and such half numbers as may be necessary ; that, 
 commencing at the base line of First street on the east, the 
 first house going west on the south side of the street shall be 
 numbered 101, the first house on the north side of the street 
 shall be numbered 102, and the houses between First and Sec- 
 ond streets shall be numbered alternately with odd and even 
 numbers ; that, commencing with Second street, the first house 
 on the south side of the street shall be numbered 201, and the 
 first house on the north side of the street shall be numbered 
 202, numbering the houses between Second and Third streets 
 alternately with odd and even numbers; that, proceeding west 
 with the numbering of the houses, one hundred shall be added 
 to the number for each block going west, thus : The first 
 number on the south side commencing on Third street shall 
 be 301, the first number on the south side commencing at 
 Fouth street shall be 401, and so on west — that is, Fifth street, 
 501 ; Sixth street, 601 ; Seventh street, 701, and so on to Fifty- 
 sixth street, which would be 5601. 
 
 Art. 557. That avenue A on the north shall be the base line 
 from which all houses, situated on streets running north and 
 south, shall be computed and numbered ; that all houses on 
 the west side of said streets shall be numbered with odd num- 
 bers, and all houses on thd east side of said streets shall be 
 numbered with even numbers; that there shall be twelve odd 
 numbers and twelve even numbers to each block on said 
 streets, and such half numbers as may be necessary; that, 
 commencing at the base line on avenue A on the north, the 
 first house going south on the west side of the street shall 
 be numbered 101, and the first house on the east side of the 
 street shall be numbered 102, and the house between ave- 
 nues A and B shall be numbered alternately with odd and even 
 numbers; that, commencing with avenue B, the first house on 
 
 230
 
 CITY OF GALVESTON. ArT. ^58-563. 
 
 the west side of the street shall be numbered 201, numberinsf 
 the houses between avenues B and C alternately with odd and 
 even numbers ; that, proceeding south with the numbering of 
 the houses, one hundred shall be added to the number for each 
 block going south, thus : The first number on the west side 
 commencing at avenue C shall be 301 ; the first number on the 
 west side commencing at avenue D shall be 401, and so on 
 south, taking care to reckon by blocks and half numbers of 
 streets south of avenue M. 
 
 Art. 558. That all houses in that portion of the city north 
 of avenue A to the channel shall be numbered on the streets 
 running north to the channel from 1 upwards consecutively, 
 with the odd numbers on the west and the even numbers on 
 the east, with an additional prefix of the word "north" to the 
 number, thus: Twenty-fifth street. North 15; Thirtieth street. 
 North 30, etc. 
 
 Art. 559. That the figures used shall not be less than two 
 and one-half inches high, and the character of the work and 
 the materials used therefor must be such as to insure dura- 
 bility. 
 
 Art. 5t)0. It shall be the duty of the city engineer to see 
 that all new buildings which may hereafter be erected, or 
 changes in the fronts of buildings already erected, shall be 
 supplied with the number or numbers to which they shall be 
 entitled under this ordinance by the owners thereof, and in all 
 such cases the figures shall correspond with the plan or system 
 and specifications herein contained. 
 
 Art. 561. That it shall be the duty of each and every owner 
 or agent of any house in the city of Galveston to number the 
 same, or cause the same to be numbered, in accordance with 
 the provisions of this ordinance; and also, when once so num- 
 bered, should the numbers from any cause be destroyed or be- 
 come illegible, to replace or restore the same ; and any such 
 person who shall fail or neglect to number his buildings, as 
 provided by this ordinance, on or before the 20th day of Jan- 
 uary, 1891, or who, having once so numbered them and the 
 numbers shall have become from any cause illegible, shall fail 
 to replace or restore the same within ten days thereafter, shall,, 
 in either event, be deemed guilty of an ofifense and, on convic- 
 17- 231
 
 Art. 562-565. revised ordinances of the 
 
 tion thereof before the recorder, shall be fined in any sum not 
 less than two or more than ten dollars, and each day's neglect, 
 after the time herein specified therefor, either to number the 
 houses or to replace or restore numbers that have been des- 
 troyed or have become illegible, shall be deemed a separate 
 offense. 
 
 Art. 562. That in all cases where there are in existence 
 numbers upon houses not in conformity with the plan or sys- 
 tem in this ordinance prescribed , it shall be the duty of the 
 owners or agents of such houses to remove the same before or 
 at the time of numbering under said plan or system. 
 
 TITLE XII. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 563. Any telegraph, telephone or electric light com- 
 pany, duly incorporated according to law, doing business or 
 desiring to do business in the city of Galveston, is hereby au- 
 thorized, after having first obtained permission of the board, 
 to set its poles, pins, abutments, wires and other fixtures, along, 
 and across any of the streets and alleys of the city, subject to 
 the regulations hereinafter provided. 
 
 Art. 564. Whenever, in the judgment of the city engineer 
 and the committee on streets and alleys, the use of any alley for 
 such purpose is practicable, the poles of such company shall 
 be placed upon and along said alley, instead of upon and along 
 the streets next adjoining and parallel thereto. Where the 
 poles are set in any alley, they shall be located as near the 
 side lines of the alley as practicable, and in such a manner as 
 not to incommode the public or the adjoining properties or res- 
 idents. 
 
 , Art. 565. The poles used as herein provided, shall be of 
 sound timber, not less than five inches in diameter at the upper 
 
 232
 
 CITY OF GALVESTON. ART. 566-568. 
 
 end, reasonably straight and of uniform size. All poles within 
 the fire limits shall be thoroughly painted, with two coats of 
 lead and oil paint, of such colors as may be directed by the 
 committee, on streets and alleys, and be supplied with iron 
 steps commencing twelve feet from surface of the ground, and 
 reaching to the arms supporting the wires. Said wires shall be 
 run at a height of not less than twenty-five feet above the grade 
 shall be placed in all cases, when practicable, on the outer edge 
 of the sidewalk, just inside the curbstone, and on the line di- 
 viding the lots, one from the other, and in no case to be so 
 placed as to obstruct the drainage of the streets or to interfere 
 with or damage in any way the curbstones or other public or 
 private property on the line of the street or alley where such 
 poles shall be erected. 
 
 Art. 566. Before any telegraph, telephone or electric light 
 company shall erect any poles upon any street or alley, they 
 shall submit for approval to the board the route of their pro- 
 posed line or lines, stating the name of the street or streets 
 to be occupied, or, if an alley, the number of the block, and, 
 as far as practicable, the location of each pole. i\ll work of 
 excavating, refilling and restoring the pavement shall be done 
 imder the supervision of the city engineer, and to his entire 
 satisfaction, and in all cases the pavement shall be restored as 
 speedily as possible and to the same condition it was before. 
 
 Art. 567. The right is hereby reserved to the board, at 
 any time, to direct any alteration in the location of poles, and 
 also in the height at which the wires shall run, but before such 
 alteration is made, at least five days' notice, in writing, shall be 
 given to the president or local officer in charge of the company 
 affected by the proposed alteration, and reasonable opportunity 
 shall be afiforded the representatives of such company, or any 
 citizen interested, to be heard therein. But when any such 
 alteration shall be ordered, the said company shall, within five 
 days thereafter, commence such alterations and complete the 
 same as soon as practicable thereafter,' and upon failure to do 
 so, it shall be deemed guilty of misdemeanor and punished as 
 hereinafter provided. 
 
 Art. 568. Every telegraph, telephone or electric light 
 company, doing business in this city, shall keep on deposit with 
 
 233
 
 Art. 569-573. revised ordinances of the 
 
 the city treasurer the sum of fifty dollars, subject to the order 
 of the city engineer, to be used by him in restoring any side- 
 walk, gutter, street or alley pavement displaced or injured in 
 the erection, alteration or removal of any pole of such com- 
 pany, when said company refuses or fails to make such resto- 
 ration to the satisfaction of the committee on streets and al- 
 leys. Any company failing to make such deposit within thirty 
 days after the passage of this ordi-nance, or within five days 
 after commencing business, if a new company, or which shall 
 fail to make good the amount when any portion of it has been 
 expended, as herein provided, within five days after notice so 
 to do has been sent by the city engineer, shall be deemed guilty 
 of a misdemeanor, and punished as hereinafter provided. 
 
 Art. 569. Any telegraph, telephone or electric light com- 
 pany, doing business in the city of Galveston, or any president, 
 manager, superintendent or local officer in charge thereof, who 
 shall violate or fail to comply with any of the provisions of this 
 chapter, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined not less than ten dollars nor 
 more than fifty dollars for each ofifense. 
 
 Art. 570. Any company erecting poles under the provis- 
 ions of this ordinance shall, before obtaining a permit therefor, 
 file an agreement in the office of the secretary, permitting the 
 city of Galveston to occupy and use the top cross-arm of any 
 pole erected, or which is now erected for the use of said city for 
 fire, police or municipal telegraph purposes free of charge. 
 
 Art. 571. Nothing contained in this ordinance shall be so 
 construed as to in any manner affect the right of the city, in 
 the future, to prescribe any other mode of conducting such 
 wires over or under its thoroughfares. 
 
 Art. 572. Every telegraph, telephone or electric light 
 company, doing business in this city, shall, within twenty days 
 after the passage of this ordinance, file with the city secretary, 
 its acceptance, in writing, of so much of this ordinance as re- 
 lates to the use by the city of the top cross-arms of the poles. 
 
 Art. 573. That it shall be unlawful for any person to post, 
 tack, paste or attach any bill, sign, card, poster, notice or ad- 
 vertisement of any kind on or to a telegraph, telephone or fire 
 alarm pole, or in any manner injure or deface the same within 
 
 234
 
 CITY OF GALVESTON. ART. 574-575. 
 
 the limits of the city of Galveston, and any person who shall 
 violate any of the provisions of this article shall be fined in the 
 sum of not more than ten dollars for each and every ofifense. 
 And the injuring or defacing of each and every pole in any of 
 the modes described in the preceding article shall constitute a 
 separate ofifense. 
 
 Art. 574. It shall be unlawful for any telegraph, telephone, 
 electric light or power company, or any person or corporation, 
 to construct, maintain or operate au}^ wire or wires at a less 
 ■distance than three (3) feet from the wire or wires of the city's 
 fire alarm telegraph or electric light plants ; provided, how- 
 ever, that whenever the city shall use the top cross-arm on any 
 pole belonging to any telegraph, telephone, electric light or 
 power company for fire, police or municipal purposes, under 
 the provisions of article 5G8 of the Revised Ordinances, the 
 wires and cross-arms on the pole so used may be placed at not 
 less than eighteen (18) inches apart. Any person or any agent, 
 officer or servant of any corporation, violating the provisions 
 of this ordinance shall, upon conviction thereof before the re- 
 corder's court, be fined not less than ten dollars nor more than 
 fifty dollars, at the discretion of the court. 
 
 TITLE XIII. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 575. It shall not be lawful for any person, except the 
 Superintendent of the Water Works, his assistant or an in- 
 spector under his charge, to take any water from any public 
 hydrant, plug, street washer, draw-cock, hose or pipe, except 
 for fire purposes or as may be specially authorized or per- 
 mitted by the Board of Water Commissioners ; nor in any way 
 to use or take any city water for private use, for which the 
 
 235
 
 Art. 576-578. revised ordinances of the 
 
 water rates have not first been duly paid and a receipt for 
 said payment or a written permit from the Secretary of the 
 Water Works has first been obtained. Any person violating 
 any of the provisions of this article shall, upon conviction 
 thereof, be punished as hereinafter provided. 
 
 Art. 576. It shall not be lawful for any person, except as 
 provided in article 1 of this ordinance, to open any city fire 
 hydrant or to open, remove, or obstruct any city stop-cock or 
 cover, nor to open, obstruct, or in any way interfere with any 
 private hydrant, street washer, pipe or valve, except the owner 
 or his attendant of such private hydrant, street washer, pipe 
 or valve, nor to place or deposit dirt or other material in any 
 public or private stop-cock boxes, or to commit any act tend- 
 ing to obstruct the use thereof, nor in any way to injure any 
 buildings, material, pipe, apparatus, tools or fixtures of said 
 City Water Works. Any person violating any of the provis- 
 ions of this article shall, upon conviction thereof, be punished 
 as hereinafter provided. 
 
 Art. 577. It shall not be lawful for any person whose water 
 service shall have been turned off by the officers of the City 
 Water Works, to reopen or turn on such water, or to direct or 
 permit the same to be done, unless the same shall be reopened 
 or turned on by the Superintendent of the Board of Water 
 Works, or by some person under his charge or direction. Any 
 person violating any of the provisions of this article shall, 
 upon conviction thereof, be punished as hereinafter provided. 
 
 x\rt. 578. It shall not be lawful for any water-taker to 
 permit or allow the water to be used for any other purpose 
 than that named in the assessments upon which payment for 
 water rent is based ; nor shall it be lawful for any person to use 
 the water for sprinkling gardens, streets or sidewalks or wash- 
 ing carriages, omnibuses, cars or other vehicles, unless as- 
 sessments for payments have been made for such purposes ; 
 nor shall it be lawful for any water taker to permit leaks on 
 his, her or their private water pipes or fixtures, or allow the 
 water to flow in an unnecessary or wasteful manner, if paid 
 on the basis of specific rates; nor shall it be lawful for any 
 person to hitch a horse or other animal to any fire hydrant, 
 nor to any other hydrant or pipe, either public or private, con- 
 
 236
 
 CITY OF GALVESTON. ART. 579-580. 
 
 nected with or belong-ing to the water works system in the 
 city of Galveston ; or to break, injure or deface in any manner, 
 or remove any part of any public hydrant connected with the 
 water works system, or to cause any unnecessary waste of 
 water from same. Any person violating any of the provisions 
 of this section shall, upon conviction thereof before the re- 
 corder of this city, be fined in the sum of ten dollars. 
 
 CHAPTER TWO. 
 
 PLUMBERS. 
 
 Art. 579. Any plumber wishing to do business or obtain 
 permission to make attachments or connections, enter hy- 
 drants or do any plumbing in connection with the water works, 
 sewers or system of sewerage, of the city of Galveston shall 
 before receiving such permission make his petition in writing 
 to the board of commissioners, giving the name of the firm, if 
 any, and its component members and place of business and 
 asking to become a plumber in connection with said water 
 works and sewerage system, stating his willingness and agree- 
 ment to abide and be governed by all and singular the rules, 
 regulations and requirements prescribed by the Charter or 
 by the board of commissioners or under its authority touching 
 or concerning said water works and sewerage system and all 
 penalties and conditions that have been or may from time to- 
 time be established and prescribed by said board or under its 
 authority. 
 
 Art. 580. Every .plumber applying for such license must 
 be a resident of Galveston and satisfy the board of commis- 
 sioners that he is thoroughly competent and qualified for the 
 plumbing business ; that he is of good reputation and in every 
 way qualified to receive a license. If his petition for license 
 be granted, he shall at or before the time of receiving such 
 license (which shall be signed by the president and attested 
 by the secretary), execute and deposit with the secretary a 
 bond with two or more sureties, to be approved by the presi- 
 dent and by the water works and sewerage commissioner and 
 by the commissioner of finance and revenue, in the sum of 
 $1,000, conditioned that he will indemnif}- the city of Galveston 
 against any loss or damage by reason of accident, neglect or 
 
 237
 
 Art. 581-583. revised ordinances of the 
 
 any skillfullness in the performance of any work contemplated 
 within the terms of his license, and pay all fines that may be 
 imposed upon him by the board or under its authority. 
 
 Art. 581. For violation of any law, ordinance, rule or regu- 
 lation relative to the water works and sewerage system of the 
 city, the water works and sewerage commissioner may sus- 
 pend the license of any plumber and his authority to do busi- 
 ness thereunder until the matter is reported to and acted upon 
 by the board of commissioners, which may, in its discretion, 
 punish such violation by fine or by revocation and cancella- 
 tion of such license, or both ; and no plumber shall be author- 
 ized to do any work under his license while any such fine shall 
 remain unpaid. 
 
 Art. 582. All laws, rules and regulations for the manage- 
 ment, operation and protection of the waterworks and sewer- 
 age system of the city of Galveston which were in force on 
 September 19th, 19U1, and which have not by the charter of 
 the city or by ordinance or resolution of the board of commis- 
 sioners been superseded, modified or repealed, shall stand and 
 be continued in force from and after said l!)th day of Septem- 
 ber, 1901, until otherwise ordered by the board of commis- 
 sioners. 
 
 Art. 583. It shall not be lawful for anyone, except a li- ' 
 censed plumber or as hereinafter provided, to make any sewer 
 connections, to- put an installation of city water on any pri- 
 vate premises, nor to make any additions or alterations what- 
 ever to or on any tap pipe, water pipe, water-cock or other 
 fixture through which city water is taken, or sewer connections 
 are made. Steam plants, employing licensed engineers, may 
 be excused from the operation of this article, provided they 
 first obtain the permission of the board of water commission- 
 ers, which the said board may grant or refuse or withdraw at 
 any time as it may deem advisable; all installations of city 
 water, and sewerage connections, and any changes, alterations, 
 or additions, must be reported by the licensed plumbers, or by 
 the licensed engineers, working under the permission of the 
 board, at the Water Works office, not later than the next day 
 after the work has been done. Any person violating any of the 
 
 238
 
 CITY OF GALVESTON. ArT. 584-587. 
 
 provisions of this article shall, upon conviction thereof, be 
 punished as hereinafter provided. 
 
 Art. 584. It shall not be lawful for any person, except the 
 officers of the city water works, or under their orders or 
 directions, to remove any water meter or elevator indicator, or 
 to in any way interfere with such meters or indicators ; and 
 any person having charge of such meters or indicators who 
 shall allow or sufifer the same to be taken off or to be inter- 
 fered with, except as stated, shall, upon conviction thereof, 
 be punished as hereinafter provided. 
 
 Art. 585. It shall not be lawful for any person to in any 
 manner obstruct the access to any fire hydrant or public stop- 
 cock belonging to the said city water works. Any person 
 found guilty of violating any of the provisions of this ordi- 
 nance hereinbefore set forth shall, upon conviction thereof be- 
 fore the recorder of this city, be fined in the sum of ten dollars 
 ($10). 
 
 CHAPTER THREE. 
 
 SEWER REGULATIONS. 
 
 Art. 586. That every owner, tenant or occupant of any 
 property or premises located upon or near any street or alley 
 or upon any lot abutting on any street or alley along which 
 extends any sewer or system of sewerage owned or controlled 
 or constructed or authorized to be constructed by the city, 
 is hereby required at his own expense to connect with such 
 sewer or system of sewerage, all water closets, sinks and drains 
 upon their respective property or premises so that their con- 
 tents may be made to empty into such sewers or system of 
 sewerage and to maintain and keep open and use such connec- 
 tions and to observe all rules and regulations concerning the 
 same now of force or hereafter adopted for the management 
 of the water works and sewerage systems. 
 
 Art. 587. That any owner, agent, tenant or occupant of 
 any property or premises located upon or near any street or 
 alley or upon any lot abutting on any street or alley, along 
 which extends any sewer or system of sewerage owned or 
 controlled or constructed or authorized to be constructed by 
 the city, who shall construct, keep, maintain, use or permit 
 18- 239
 
 Art. 588. revised ordinances of the 
 
 to be used, on such property or premises any water closet, 
 sink, drain or other receptacle of sewerage, unless the same is 
 duly connected with such sewers or system of sewerage so as 
 that its contents are made to empty into such sewer or system 
 of sewerage, shall be punished by a fine of not less than $5 nor 
 more than $25 for each such ofifense, and each day that such 
 water closet, sink or drain is so kept, maintained, used or 
 permitted to be used shall constitute a separate offense. Any 
 person who shall knowingly break, injure or in any way impair 
 or obstruct any pipe, conduit, lateral, sewer, trap, valve, man- 
 hole or other part of appliance whatever of the system of sew- 
 erage owned or controlled or constructed or authorized to be 
 constructed by the city, or who shall willfully place or allow 
 to flow or escape therein any trash, waste material, grease, 
 storm water or other article, fluid, thing or substance of any 
 kind that is liable to obstruct such pipes, conduits, laterals, 
 sewers, traps, valves or other part of appliance of such sewer 
 or system of sewerage, shall be punished by a fine of not less 
 than $10 nor more than $100 for each and every oflfense, and 
 each day that any such obstruction shall continue shall consti- 
 tute a separate offense. Any person who shall willfully violate 
 any other rule or regulation adopted by the board of commis- 
 sioners for the management of the water works and sewerage 
 systems shall be punished by a fine of not more than $50. 
 
 Art. 588. That all such connections with such sewers and 
 sewerage systems shall be constructed, made, maintained and 
 used in mode and manner as prescribed from time to time by 
 rules and regulations adopted by the board of commissioners 
 with reference thereto, and the owner, tenant and occupant 
 of the premises or property so connected shall pay quarterly 
 in advance the rates and tolls prescribed for such sewer service 
 in the schedule of sewer rates and tolls made and established 
 by said board ; and if the owner or occupant or tenant of any 
 such premises shall violate any provision of this section, or 
 any rule or regulation adopted by said board relative to sewers 
 or sewerage, the superintendent of water works shall cut off 
 the connection of such property or premises from the sewers 
 or system of sewerage and not permit such connection to be 
 reopened until such provision, rule or regulation is complied 
 
 240
 
 CITY OF GALVESTON. ART. '589-590. 
 
 with and until all arrearages of rates or tolls shall have been 
 paid and also snch charges as may be fixed in the rules and reg- 
 itlations for making, cutting off and reopening such connec- 
 tions. 
 
 Art. 589. That the ordinance concerning sewers and sew- 
 erage systems, providing for the operation and maintenance 
 thereof, requiring connections to be made therewith and affix- 
 ing penalties for its violation, passed April 15, 1901, and the 
 amendment of section 3 of said ordinance, approved May 21, 
 1901, be and the same are hereby repealed. 
 
 Passed November 13, 1901. 
 
 Art. 590. When any sewer connections or laterals have 
 been completed in any street or alley for the receiving of house 
 sewerage, or if already completed, in either case, then the 
 owner, tenants and occupants of the building or buildings on 
 lots abutting thereon shall at once connect all water closets 
 on said premises with the sewers or sewerage system, after 
 having procured a permit from the Commissioner of Water- 
 works and Sewerage, subject to whose approval, supervision 
 and control the work shall be done. 
 
 The rates and charges for sewer service shall be as follows 
 until otherwise ordered by the Board : 
 
 1. For each hotel and factory and restaurant: 
 
 First three closets, $1.50 per month each ; all additional 
 closets 75 cents each per month ; for connecting slop-hoppers, 
 T5 cents addition per month each. 
 
 2. For stores, warehouses, offices, saloons and bar-rooms : 
 The first closet $1.50 per month; second closet, $1.00 per 
 
 month ; all additional closets, 50 cents per month each. 
 
 3. For all public buildings other than city buildings, public 
 school buildings and engine houses : 
 
 The first three closets, $2.00 per month each ; all addi- 
 tional closets, $1.50 per month each. 
 
 ■i. For each boarding house : 
 
 The first two closets, $1.25 per month each ; all additional 
 closets 75 cents per month each : for connecting slop-hoppers 
 with sewer. 50 cents per month each additional. 
 
 5. For each private residence or cottage : 
 
 241
 
 Art. 591. revised ordinances of the 
 
 The first closet, $1.00 per month ; all additional closets 50 
 cents per month each ; for connecting slop-hoppers with sewer, 
 50 cents per month each. 
 
 6. For each livery stable: 
 
 The first closet, $1.50 per month; second closet, $1.00 per 
 month; for carrying ofif waste water and urine from horses, 
 $1.00 per month. 
 
 All other buildings not mentioned in this schedule will be 
 charged in proportion, property owners paying for all hop- 
 pers, traps and pipe connections from the sewer line into 
 their premises, but all plumbing and connections of every 
 kind shall be subject to the supervision, control and approval 
 of said Commissioner of Water vvorks and Sewerage, or of 
 the person designated by him. And for all places other than 
 those above described, such- rates shall be paid as may be fixed 
 by said Board of Commissioners. 
 
 Third : That all connections for sewerage service between 
 laterals or sewers will be constructed by the city or under 
 its authority from such lateral or sewer to the property line 
 of the lot whereon are situated the premises to be served, but 
 the person for whom such connections are contracted shall 
 pay the Waterworks and Sewerage Department five dollars 
 for constructing each such connection. 
 
 November 12, 1901. 
 
 TITLE XIV. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 591. The gift to the city of Galveston by the Gal- 
 veston Chamber of Commerce of the collection known as the 
 "Galveston Mercantile Library," is hereby accepted, and the 
 same is established as a free public library, for the use of all 
 
 242
 
 CITY OF galve;ston. Art. 592-594. 
 
 citizens and residents of Galveston forever ; and the names of 
 all subscribers to the library fund for said Galveston Mer- 
 cantile Library and all like members thereof shall be con- 
 spicuously inscribed in the hall of the Galveston free library 
 as founders of the same, and they shall at all times, wher- 
 ever resident, have all proper access to and use of the books 
 of said free library. 
 
 Art. 592. That the Galveston free library shall be under 
 the control and supervision of the committee on library of the 
 board, who shall make all necessary rules and regulations for 
 the maintenance of the library. There is hereby created the 
 office of city librarian, who shall have charge of the library and 
 who shall be appointed at the time and in the manner pre- 
 scribed in section 19 of the city charter, whose salary shall be 
 prescribed by the board, not to exceed $900 per annum. 
 
 Art. 593. The librarian shall make monthly reports to the 
 board of the books purchased, the number of books lost or 
 damaged, the amount recovered for lost or damaged books, the 
 number of persons who received books from the library and 
 the* number of books issued during the month; and on the 
 28th day of February in each year make an annual report 
 in the same manner, and also report all other matters, sug- 
 gestions and recommendations which may be best calcu- 
 lated to promote the success of the library. The librarian 
 shall submit to the board a list of such books as may be 
 needed from time to time, and upon the approval of said 
 committee the city's purchasing agent will buy such books, not 
 to exceed the allowance fixed in the annual budget. 
 
 Art. 594. Any person who shall willfully or maliciously 
 injure, deface or destroy any book, paper, map or other thing 
 belonging to the library shall be fined in any sum not ex- 
 ceeding twenty-five dollars. 
 
 243
 
 Sec. 2-8. revised ordinances of the 
 
 FINAL TITLE. 
 
 Section 3. That all ordinances of a general nature in force 
 when these revised ordinances take effect, and which are 
 not included herein, or which are not hereby expressly con- 
 tinued in force, are hereby repealed. 
 
 Sec. 3. That the repeal of any ordinance, or any por- 
 tion thereof, by the preceding section, shall not affect or impair 
 any right or remedy vested or accrued, or any proceeding, suit 
 or prosecution had in any cause, before said appeal takes effect. 
 
 Sec. 4. That no ordinance relating to the public debt or the 
 public credit shall be effected by the repealing clause of this 
 title. 
 
 Sec. 5. That no ordinance providing for the lew or as- 
 sessment of any tax, for any purpose, general or special,^ or 
 making any contract, shall be affected by the repealing clause 
 of this title. 
 
 Sec. 6. That the provisions of these revised ordinances, so 
 far as they are substantially the same as the ordinances of 
 the city in force at the time these ordinances shall go into 
 effect, shall be construed as continuations thereof, and not 
 as new enactments of the same. 
 
 Sec. 7. That no ordinances, resolutions, orders or other 
 acts of the Board of Commissioners made or passed since 
 December 31st., 1901, shall be in any way affected by the 
 repealing clause of these Revised Ordinances, but all such or- 
 dinances, resolutions, orders and other acts shall continue to 
 be of full force and effect, anything contained in these re- 
 vised ordinances to the contrary notwithstanding. 
 
 Sec. 8. That these revised ordinances shall take effect and 
 be in force from and after the 1st day of February, A. D., 1902. 
 
 244
 
 CITY OF GALVESTON. ART. 558-56]. 
 
 the west side of the street siiall be numbered "^01, numbering 
 the houses between avenues B and C alternately with odd and 
 even numbers ; that, proceeding south with the numbering of 
 the houses, one hundred shall be added to the number for each 
 block going south, thus : The first number on the west side 
 commencing at avenue C shall be 301 ; the first number on the 
 west side commencing at avenue D shall be 401, and so on 
 south, taking care to reckon by blocks and half numbers of 
 streets south of avenue M. 
 
 Art. 558. That all houses in that portion of the city north 
 of avenue A to the channel shall be numbered on the streets 
 running north to the channel from 1 upwards consecutively, 
 with the odd numbers on the west and the even numbers on 
 the east, with an additional prefix of the word "north" to the 
 number, thus: Twenty-fifth street. North 15; Thirtieth street, 
 North 30, etc. 
 
 Art. 559. That the figures used shall not be less than two 
 and one-half inches high, and the character of the work and 
 the materials used therefor must be such as to insure dura- 
 bility. 
 
 Art. 5()0. It shall be the duty of the city engineer to see 
 that all new buildings which may hereafter be erected, or 
 changes in the fronts of buildings already erected, shall be 
 supplied with the number or numbers to which they shall be 
 entitled under this ordinance by the owners thereof, and in all 
 such cases the figures shall correspond with the plan or system 
 and specifications herein contained. 
 
 Art. 5G1. That it shall be the duty of each and every owner 
 or agent of any house in the city of Galveston to number the 
 same, or cause the same to be numbered, in accordance with 
 the provisions of this ordinance ; and also, when once so num- 
 bered, should the numbers from any cause be destroyed or be- 
 come illegible, to replace or restore the same ; and any such 
 person who shall fail or neglect to number his buildings, as 
 provided by this ordinance, on or before the 20th day of Jan- 
 uary, 1891, or who, having once so numbered them and the 
 numbers shall have become from any cause illegible, shall fail 
 to replace or restore the same within ten days thereafter, shall, 
 in either event, be deemed guilty of an offense and, on convic- 
 17- 231
 
 Art. 562-565. revised ordinances of the 
 
 tion thereof before the recorder, shall be fined in any sum not 
 less than two or more than ten dollars, and each day's neglect, 
 after the time herein specified therefor, either to number the 
 houses or to replace or restore numbers that have been des- 
 troyed or have become illegible, shall be deemed a separate 
 offense. 
 
 Art. 563. That in all cases where there are in existence 
 numbers upon houses not in conformity with the plan or sys- 
 tem in this ordinance prescribed , it shall be the duty of the 
 owners or agents of such houses to remove the same before or 
 at the time of numbering under said plan or system. 
 
 TITLE XII. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 563. Any telegraph, telephone or electric light com- 
 pany, duly incorporated according to law, doing business or 
 desiring to do business in the city of Galveston, is hereby au- 
 thorized, after having first obtained permission of the board, 
 to set its poles, pins, abutments, wires and other fixtures, along, 
 and across any of the streets and alleys of the city, subject to 
 the regulations hereinafter provided. 
 
 Art. 564. Whenever, in the judgment of the city engineer 
 and the committee on streets and alleys, the use of any alley for 
 such purpose is practicable, the poles of such company shall 
 be placed upon and along said alley, instead of upon and along 
 the streets next adjoining and parallel thereto. Where the 
 poles are set in any alley, they shall be located as near the 
 side lines of the alley as practicable, and in such a manner as 
 not to incommode the public or the adjoining properties or res- 
 idents. 
 
 Art. 565. The poles used as herein provided, shall be of 
 sound timber, not less than five inches in diameter at the upper 
 
 232
 
 CITY OF GALVESTON, ART. 566-568. 
 
 end, reasonably straight and of uniform size. All poles within 
 the fire limits shall be thoroughly painted, with two coats of 
 lead and oil paint, of such colors as may be directed by the 
 committee on streets and alleys, and be supplied with iron 
 steps commencing twelve feet from surface of the ground, and 
 reaching to the arms supporting the wires. Said wires shall be 
 run at a height of not less than twenty-five feet above the grade 
 shall be placed in all cases, when practicable, on the outer edge 
 of the sidewalk, just inside the curbstone, and on the line di- 
 viding the lots, one from the other, and in no case to be so 
 placed as to obstruct the drainage of the streets or to interfere 
 with or damage in any way the curbstones or other public or 
 private property on the line of the street or alley where such 
 poles shall be erected. 
 
 Art. 566. Before any telegraph, telephone or electric ligh.t 
 company shall erect any poles upon any street or alley, they 
 shall submit for approval to the board the route of their pro- 
 posed line or lines, stating the name of the street or streets 
 to be occupied, or, if an alley, the number of the block, and, 
 as far as practicable, the location of each pole. All work of 
 excavating, refilling and restoring the pavement shall be done 
 under the supervision of the city engineer, and to his entire 
 satisfaction, and in all cases the pavement shall be restored as 
 speedily as possible and to the same condition it was before. 
 
 Art, 567. The right is hereby reserved to the board, at 
 any time, to direct any alteration in the location of poles, and 
 also in the height at which the wires shall run, but before such 
 alteration is made, at least five days' notice, in writing, shall be 
 given to the president or local officer in charge of the company 
 affected by the proposed alteration, and reasonable opportunity 
 shall be afforded the representatives of such company, or any 
 citizen interested, to be heard therein. But when an}^ such 
 alteration shall be ordered, the said company shall, within five 
 days thereafter, commence such alterations and complete the 
 same as soon as practicable thereafter, and upon failure to do 
 so, it shall be deemed guilty of misdemeanor and punished as 
 hereinafter provided. 
 
 Art. 568. Every telegraph, telephone or electric light 
 company, doing business in this city, shall keep on deposit with 
 
 233
 
 Art. 569-573. revised ordinances of the 
 
 the city treasurer the sum of fifty dollars, subject to the order 
 of the city engineer, to be used by him in restoring any side- 
 walk, gutter, street or alley pavement displaced or injured in 
 the erection, alteration or removal of any pole of such com- 
 pany, when said company refuses or fails to make such resto- 
 ration to the satisfaction of the committee on streets and al- 
 leys. Any company failing to make such deposit within thirty 
 days after the passage of this ordinance, or within five days 
 after commencing business, if a new company, or which shall 
 fail to make good the amount when any portion of it has been 
 expended, as herein provided, within five days after notice so 
 to do has been sent by the city engineer, shall be deemed guilty 
 of a misdemeanor, and punished as hereinafter provided. 
 
 Art. 569. Any telegraph, telephone or electric light com- 
 pany, doing business in the city of Galveston, or any president, 
 manager, superintendent or local officer in charge thereof, who 
 shall violate or fail to comply with any of the provisions of this 
 chapter, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined not less than ten dollars nor 
 more than fifty dollars for each ofTense. 
 
 Art. 570. Any company erecting poles under the provis- 
 ions of this ordinance shall, before obtaining a permit therefor, 
 file an agreement in the office of the secretary, permitting the 
 city of Galveston to occupy and use the top cross-arm of any 
 pole erected, or which is now erected for the use of said city for 
 fire, police or municipal telegraph purposes free of charge. 
 
 Art. 571. Nothing contained in this ordinance shall be so 
 construed as to in any manner afifect the right of the city, in 
 the future, to prescribe any other mode of conducting such 
 wires over or under its thoroughfares. 
 
 Art. 572. Every telegraph, telephone or electric light 
 company, doing business in this city, shall, within twenty days 
 after the passage of this ordinance, file with the city secretary, 
 its acceptance, in writing, of so much of this ordinance as re- 
 lates to the use by the city of the top cross-arms of the poles. 
 
 Art. 573. That it shall be unlawful for any person to post, 
 tack, paste or attach any bill, sign, card, poster, notice or ad- 
 vertisement of any kind on or to a telegraph, telephone or fire 
 alarm pole, or in any manner injure or deface the same within 
 
 234
 
 CITY OF GALVESTON. ART. 574-575. 
 
 the limits of the city of Galveston, and any person who shall 
 violate any of the provisions of this article shall be fined in the 
 sum of not more than ten dollars for each and every offense. 
 And the injuring or defacing of each and every pole in any of 
 the modes described in the preceding article shall constitute a 
 separate ofifense. 
 
 Art. 57-1. It shall be unlawful for any telegraph, telephone, 
 electric light or power company, or any person or corporation, 
 to construct, maintain or operate any wire or wires at a less 
 distance than three (3) feet from the wire or wires of the city's 
 fire alarm telegraph or electric light plants ; provided, how- 
 ever, that whenever the city shall use the top cross-arm on any 
 pole belonging to any telegraph, telephone, electric light or 
 power company for fire, police or municipal purposes, under 
 the provisions of article 5(38 of the Revised Ordinances, the 
 wires and cross-arms on the pole so used may be placed at not 
 less than eighteen (18) inches apart. Any person or any agent, 
 officer or servant of any corporation, violating the provisions 
 of this ordinance shall, upon conviction thereof before the re- 
 corder's court, be fined not less than ten dollars nor more than 
 fiftv dollars, at the discretion of the court. 
 
 TITLE XIII. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 575. It shall not be lawful for any person, except the 
 Superintendent of the Water Works, his assistant or an in- 
 spector under his charge, to take any water from any public 
 hydrant, plug, street washer, draw-cock, hose or pipe, except 
 for fire purposes or as may be specially authorized or per- 
 mitted by the Board of Water Commissioners ; nor in any way 
 to use or take any city water for private use, for which the 
 
 235
 
 Art. 576-578. revised ordinances or the 
 
 water rates have not first been duly paid and a receipt for 
 said payment or a written permit from the Secretary of the 
 Water Works has first been obtained. Any person violating 
 any of the provisions of this article shall, upon conviction 
 thereof, be punished as hereinafter provided. 
 
 Art. 576. It shall not be lawful for any person, except as 
 provided in article 1 of this ordinance, to open any city fire 
 hydrant or to open, remove, or obstruct any city stop-cock or 
 cover, nor to open, obstruct, or in any way interfere with any 
 private hydrant, street washer, pipe or valve, except the owner 
 or his attendant of such private hydrant, street washer, pipe 
 or valve, nor to place or deposit dirt or other material in any 
 public or private stop-cock boxes, or to commit any act tend- 
 ing to obstruct the use thereof, nor in any way to injure any 
 buildings, material, pipe, apparatus, tools or fixtures of said 
 City Water Works. Any person violating any of the provis- 
 ions of this article shall, upon conviction thereof, be punished 
 as hereinafter provided. 
 
 Art. 577. It shall not be lawful for any person whose water 
 service shall have been turned off by the officers of the City 
 Water Works, to reopen or turn on such water, or to direct or 
 permit the same to be done, unless the same shall be reopened 
 or turned on by the Superintendent of the Board of Water 
 Works, or by some person under his charge or direction. Any 
 person violating any of the provisions of this article shall, 
 upon conviction thereof, be punished as hereinafter provided. 
 
 Art. 578. It shall not be lawful for any water-taker to 
 permit or allow the water to be used for any other purpose 
 than that named in the assessments upon which payment for 
 water rent is based ; nor shall it be lawful for any person to use 
 the water for sprinkling gardens, streets or sidewalks or wash- 
 ing carriages, omnibuses, cars or other vehicles, unless as- 
 sessments for payments have been made for such purposes; 
 nor shall it be lawful for any water taker to permit leaks on 
 his, her or their private water pipes or fixtures, or allow the 
 water to flow in an unnecessary or wasteful manner, if paid 
 on the basis of specific rates; nor shall it be lawful for any 
 person to hitch a horse or other animal to any fire hydrant, 
 nor to any other hydrant or pipe, either public or private, con- 
 
 236
 
 CITY OF GALVESTON. AET, 579-580. 
 
 nected with or belong-iiig to the water works system hi the 
 city of Galveston ; or to break, injure or deface in any manner, 
 or remove any part of any public hydrant connected with the 
 water works system, or to cause any unnecessary waste of 
 water from same. Any person violating any of the provisions 
 of this section shall, upon conviction thereof before the re- 
 corder of this city, be fined in the sum of ten dollars. 
 
 CHAPTER TWO. 
 
 PLUMBERS. 
 
 Art. 579. Any plumber wishing to do business or obtain 
 permission to make attachments or connections, enter hy- 
 drants or do any plumbing- in connection with the water works, 
 sewers or system of sewerage, of the city of Galveston shall 
 before receiving such permission make his petition in writing 
 to the board of commissioners, giving the name of the firm, if 
 any, and its component members and place of business and 
 asking to become a plumber in connection with said water 
 works and sewerage system, stating his willingness and agree- 
 ment to abide and be governed by all and singular the rules, 
 regulations and requirements prescribed by the Charter or 
 by the board of commissioners or under its authority touching 
 or concerning said water works and sewerage system and all 
 penalties and conditions that have been or may from time to 
 time be established and prescribed by said board or under its 
 authorit}'. 
 
 Art. 580. Every plumber applying for such license must 
 be a resident of Galveston and satisfy the board of commis- 
 sioners that he is thoroughh^ competent and qualified for the 
 plumbing business ; that he is of good reputation and in every 
 way qualified to receive a license. If his petition for license 
 be granted, he shall at or before the time of receiving such 
 license (which shall be signed by the president and attested 
 by the secretary), execute and deposit with the secretary a 
 bond with two or more sureties, to be approved by the presi- 
 dent and by the water works and sewerage commissioner and 
 by the commissioner of finance and revenue, in the sum of 
 $1,000, conditioned that he will indemnify the city of Galveston 
 against any loss or damage by reason of accident, neglect or 
 
 237
 
 Art. 581-583. kevised ordinances of the 
 
 any skillfullness in the performance of any work contemplated 
 within the terms of his license, and pay all fines that may be 
 imposed upon him by the board or under its authority. 
 
 Art. 581. For violation of any law, ordinance, rule or regu- 
 lation relative to the water works and sewerage system of the 
 city, the water works and sewerage commissioner may sus- 
 pend the license of any plumber and his authority to do busi- 
 ness thereunder until the matter is reported to and acted upon 
 by the board of commissioners, which may, in its discretion, 
 punish such violation by fine or by revocation and cancella- 
 tion of such license, or both ; and no plumber shall be author- 
 ized to do any work under his license while any such fine shall 
 remain unpaid. 
 
 Art. 582. All laws, rules and regulations for the manage- 
 ment, operation and protection of the waterworks and sewer- 
 age system of the city of Galveston which were in force on 
 September 19th, 1901, and which have not by the charter of 
 the city or by ordinance or resolution of the board of commis- 
 sioners been superseded, modified or repealed, shall stand and 
 be continued in force from and after said 19th day of Septem- 
 ber, 1901, until otherwise ordered by the board of commis- 
 sioners. 
 
 Art. 583. It shall not be lawful for anyone, except a li- 
 censed plumber or as hereinafter provided, to make any sewer 
 connections, to put an installation of city water on any pri- 
 vate premises, nor to make any additions or alterations what- 
 ever to or on any tap pipe, water pipe, water-cock or other 
 fixture through which city water is taken, or sewer connections 
 are made. Steam plants, employing licensed engineers, may 
 be excused from the operation of this article, provided they 
 first obtain the permission of the board of water commission- 
 ers, which the said board may grant or refuse or withdraw at 
 any time as it may deem advisable ; all installations of city 
 water, and sewerage connections, and any changes, alterations, 
 or additions, must be reported by the licensed plumbers, or by 
 the licensed engineers, working under the permission of the 
 board, at the Water Works office, not later than the next day 
 after the work has been done. Any person violating any of the 
 
 238
 
 CITY OF GALVESTON, ArT, 584-587. 
 
 provisions of this article shall, upon conviction thereof, be 
 punished as hereinafter provided. 
 
 Art. 584. It shall not be lawful for any person, except the 
 officers of the city water works, or under their orders or 
 directions, to remove any water meter or elevator indicator, or 
 to in any way interfere with such meters or indicators ; and 
 any person havinc^ charge of such meters or indicators who 
 shall allow or suffer the same to be taken off or to be inter- 
 fered with, except as stated, shall, upon conviction thereof, 
 be punished as hereinafter provided. 
 
 Art. 585. It shall not be lawful for any person to in any 
 manner obstruct the access to any fire hydrant or public stop- 
 cock belonging- to the said city water works. Any person 
 found guilty of violating any of the provisions of this ordi- 
 nance hereinbefore set forth shall, vipon conviction thereof be- 
 fore the recorder of this city, be fined in the sum of ten dollars 
 ($10). 
 
 CHAPTER THREE. 
 
 SEWER REGULATIONS. 
 
 Art. 586. That every owner, tenant or occupant of any 
 property or premises located upon or near any street or alley 
 or upon any lot abutting on any street or alley along which 
 extends any sewer or system of sewerage owned or controlled 
 or constructed or authorized to be constructed by the city, 
 is hereby required at his own expense to connect with such 
 sewer or system of sewerage, all water closets, sinks and drains 
 upon their respective property or premises so that their con- 
 tents may be made to empty into such sewers or system of 
 sewerage and to maintain and keep open and use such connec- 
 tions and to observe all rules and regulations concerning the 
 same now of force or hereafter adopted for the management 
 of the water works and sewerage systems. 
 
 Art. 587. That any owner, agent, tenant or occupant of 
 any property or premises located upon or near any street or 
 alley or upon any lot abutting on any street or alley, along 
 which extends any sewer or system of sewerage owned or 
 controlled or constructed or authorized to be constructed by 
 the city, who shall construct, keep, maintain, use or permit 
 18- 239
 
 Art. 588, revised ordinances of the 
 
 to be used, on such property or premises any water closet, 
 sink, drain or other receptacle of sewerage, unless the same is 
 duly connected with such sewers or system of sewerage so as 
 that its contents are made to empty into such sewer or system 
 of sewerage, shall be punished by a fine of not less than $5 nor 
 more than $25 for each such offense, and each day that such 
 water closet, sink or drain is so kept, maintained, used or 
 l)ermitted to be used shall constitute a separate offense. Any 
 person who shall knowingly break, injure or in any way impair 
 or obstruct any pipe, conduit, lateral, sewer, trap, valve, man- 
 hole or other part of appliance whatever of the system of sew- 
 erage owned or controlled or constructed or authorized to be 
 constructed by the city, or who shall willfully place or allow 
 to flow or escape therein any trash, waste material, grease, 
 storm water or other article, fluid, thing or substance of any 
 kind that is liable to obstruct such pipes, conduits, laterals, 
 sewers, traps, valves or other part of appliance of such sewer 
 or system of sewerage, shall be punished by a fine of not less 
 than $10 nor more than $100 for each and every offense, and 
 each day that any such obstruction shall continue shall consti- 
 tute a separate offense. Any person who shall willfully violate 
 any other rule or regulation adopted by the board of commis- 
 sioners for the management of the water works and sewerage 
 systems shall be punished by a fine of not more than $50. 
 
 Art. 588. That all such connections with such sewers and 
 sewerage systems shall be constructed, made, maintained and 
 used in mode and manner as prescribed from time to time by 
 rules and regulations adopted by the board of commissioners 
 with reference thereto, and the owner, tenant and occupant 
 of the premises or property so connected shall pay quarterly 
 in advance the rates and tolls prescribed for such sewer service 
 in the schedule of sewer rates and tolls made and established 
 by said board ; and if the owner or occupant or tenant of any 
 such premises shall violate any provision of this section, or 
 any rule or regulation adopted by said board relative to sewers 
 or sewerage, the superintendent of water works shall cut off 
 the connection of such property or premises from the sewers 
 or system of sewerage and not permit such connection to be 
 reopened until such provision, rule or regulation is complied 
 
 240
 
 CITY OF GALVESTON. ART. 589-590. 
 
 with and until all arrearages of rates or tolls shall have been 
 paid and also such charges as may be fixed in the rules and reg- 
 ulations for making, cutting off and reopening such connec- 
 tions. 
 
 Art. 589. That the ordinance concerning sewers and sew- 
 erage systems, providing for the operation and maintenance 
 thereof, requiring connections to be made therewith and affix.- 
 ing penalties for its violation, passed April 15, 1901, and the 
 amendment of section 3 of said ordinance, approved ^lay 21, 
 1901, be and the same are hereby repealed. 
 
 Passed November 12, 1901. 
 
 Art. 590. When any. sewer connections or laterals have 
 been completed in any street or alley for the receiving of house 
 sewerage, or if alread}' completed, in either case, then the 
 owner, tenants and occupants of the building or buildings on 
 lots abutting thereon shall at once connect all water closets 
 on said premises with the sewers or sewerage system, after 
 having procured a permit from the Commissioner of Water- 
 works and Sewerage, subject to whose approval, supervision 
 and control the work shall be done. 
 
 The rates and charges for sewer service shall be as follows 
 until otherwise ordered by the Board : 
 
 1. For each hotel and factory and restaurant: 
 
 First three closets, $1.50 per month each; all additional 
 closets 75 cents each per month ; for connecting slop-hoppers, 
 75 cents addition per month each. 
 
 2. For stores, warehouses, offices, saloons and bar-rooms : 
 The first closet $1.50 per month; second closet, $1.00 per 
 
 month ; all additional closets, 50 cents per month each. 
 
 3. For all public buildings other than city buildings, public 
 school buildings and engine houses : 
 
 The first three closets, $2.00 per month each; all addi- 
 tional closets, $1.50 per month each. 
 
 ■i. For each boarding house : 
 
 The first two closets, $1.25 per month each; all additional 
 • closets 75 cents per month each : for connecting slop-hoppers 
 with sewer, 50 cents per month each additional. 
 
 5. For each private residence or cottage : 
 
 241
 
 Art. 591. revised ordinances of the 
 
 The first closet, $1.00 per month; all additional closets 50 
 cents per month each ; for connecting slop-hoppers with sewer, 
 50 cents per month each. 
 
 6. For each livery stable: 
 
 The first closet, $1.50 per month; second closet, $1.00 per 
 month; for carrying ofif waste water and urine from horses, 
 ^1.00 per month. 
 
 All other buildings not mentioned in this schedule will be 
 charged in proportion, property owners paying for all hop- 
 pers, traps and pipe connections from the sewer line into 
 their premises, but all plumbing and connections of every 
 kind shall be subject to the supervision, control and approval 
 of said Commissioner of Waterworks and Sewerage, or of 
 the person designated by him. And for all places other than 
 those above described, such, rates shall be paid as may be fixed 
 by said Board of Commissioners. 
 
 Third : That all connections for sewerage service between 
 laterals or sewers will be constructed by the city or under 
 its authority from such lateral or sewer to the property line 
 of the lot whereon are situated the premises to be served, but 
 the person for whom such connections are contracted shall 
 pay the Waterworks and Sewerage Department five dollars 
 for constructing each such connection. 
 
 November 12, 1901. 
 
 TITLE XIV. 
 
 CHAPTER ONE. 
 
 RULES AND REGULATIONS. 
 
 Art. 591. The gift to the city of Galveston by the Gal- 
 veston Chamber of Commerce of the collection known as the 
 "Galveston Mercantile Library," is hereby accepted, and the 
 same is established as a free public library, for the use of all 
 
 242
 
 CITY OF GALVESTON. ArT. 592-594. 
 
 citizens and residents of Galveston forever ; and the names of 
 all subscribers to the library fund for said Galveston Mer- 
 cantile Library and all like members thereof shall be con- 
 spicuously inscribed in the hall of the Galveston free library 
 as founders of the same, and they shall at all times, wher- 
 ever resident, have all proper access to and use of the books 
 of said free library. 
 
 Art. 592. That the Galveston free library shall be under 
 the control and supervision of the committee on library of the 
 board, who shall make all necessary rules and regulations for 
 the maintenance of the library. There is hereby created the 
 office of city librarian, who shall have charge of the library and 
 who shall be appointed at the time and in the manner pre- 
 scribed in section 19 of the city charter, whose salary shall 1)e 
 prescribed by the board, not to exceed $900 per annum. 
 
 Art. 593. The librarian shall make monthly reports to the 
 board of the books purchased, the number of books lost or 
 damaged, the amount recovered for lost or damaged books, the 
 number of persons who received books from the library and 
 the number of books issued during the month; and on the 
 28th day of February in each year make an annual report 
 in the same manner, and also report all other matters, sug- 
 gestions and recommendations which may be best calcu- 
 lated to promote the success of the library. The librarian 
 shall submit to the board a list of such books as may be 
 needed from time to time, and upon the approval of said 
 committee the city's purchasing agent will buy such books, not 
 to exceed the allowance fixed in the annual budget. 
 
 Art. 594. Any person who shall willfully or maliciously 
 injure, deface or destroy any book, paper, map or other thing 
 belonging to the library shall be fined in any sum not ex- 
 ceeding twenty-five dollars. 
 
 243
 
 Sec. 2-8. revised ordinances of the 
 
 FINAL TITLE. 
 
 Section 2. That all ordinances of a general nature in force 
 when these revised ordinances take effect, and which are 
 not included herein, or which are not hereby expressly con- 
 tinued in force, are hereby repealed. 
 
 Sec. 3. That the repeal of any ordinance, or any por- 
 tion thereof, by the preceding section, shall not affect or impair 
 any right or remedy vested or accrued, or any proceeding, suit 
 or prosecution had in any cause, before said appeal takes effect. 
 
 Sec. 4. That no ordinance relating to the public debt or the 
 public credit shall be effected by the repealing clause of this 
 title. 
 
 Sec. 5. That no ordinance providing for the levy or as- 
 sessment of any tax, for any purpose, general or special, or 
 making any contract, shall be affected by the repealing clause 
 of this title. 
 
 Sec. 6. That the provisions of these revised ordinances, so 
 far as they are substantially the same as the ordinances of 
 the city in force at the time these ordinances shall go into 
 effect, shall be construed as continuations thereof, and not 
 as new enactments of the same. 
 
 Sec. 7. That no ordinances, resolutions, orders or other 
 acts of the Board of Commissioners made or passed since 
 December 31st., 1901, shall be in any way affected by the 
 repealing clause of these Revised Ordinances, but all such or- 
 dinances, resolutions, orders and other acts shall continue to 
 be of full force and effect, anything contained in these re- 
 vised ordinances to the contrary notwithstanding. 
 
 Sec. 8. That these revised ordinances shall take effect and 
 be in force from and after the 1st day of February, A. D., 1902. 
 
 244
 
 INDEX TO REVISED ORDINANCES. 
 
 Animals— • ' % jry' Art. 
 
 Kunning at large prohibib^ . . li ■ ■ •^^({•JiJ^^- /I- • • ■ 362 
 
 May be impounded . .//(/.. -/J /» • //^ •' ■•••/'.. 362 
 
 Fees for impounding ./. -/Q- -rTlAr \^ . j^^^. 363 
 
 Eedemption of animals L^[!x|K\;l ». ^^^<^<^. . . 364 
 
 May be killed, when fy'^ ^^^,.c^ 365 
 
 Milch cows and horses, driving .... •.^^<"^ 366 
 
 Swine and goats .^,-< 367 
 
 Penalties for keeping . . ^,,,'<<^ 368,369 
 
 Driving cattle and beeves, regulating 370 
 
 Prevention of cruelty to 374 
 
 Penalties for cruelty to 375, 376 
 
 Aems — 
 
 Unlawful carrying 381 
 
 Exemptions 382 
 
 Penalty for carrying 383 
 
 Recorder to try violators 383 
 
 Assessments, Special— 
 
 Filling low and filthy spots 179 
 
 Cost of same, how assessed 180 
 
 Mode of condemnation 180 
 
 Balls, Public — 
 
 Regulations concerning 355, 356,357 
 
 Baebed Wire Fences — 
 
 Unlawful to construct 394 
 
 Limits within 395 
 
 Penalties 396 
 
 Babrooms — 
 
 Opening and closing 358 
 
 Bathing — 
 
 Regulations concerning 359,360,361 
 
 Beach — 
 
 Sand, removal prohibited 489, 490 
 
 Avenue, public 492 
 
 Streets, ordinances, apply to - ■ 492 
 
 19a
 
 XViii INDEX TO REVISED OEDINANCES. 
 
 Bonds— Art. 
 
 Official '^-^ 
 
 Buildings — 
 
 Koofs, outside fire limits . 238 
 
 Wooden prohibited in fire limits 240 
 
 May be repaired in fire limits, how 239 
 
 Damage by fire may be repaired, how 244 
 
 Dilapidated may be condemned, how 241 
 
 Dangerous may be condemned, how 243 
 
 Duties of builders before commencing to build 247 
 
 Unlawful to build without a permit 250 
 
 Permit to build shall contain uhat 250 
 
 Penalties for building without a permit 250 
 
 Regnlating construction of awnings 264,265 
 
 Cemeteries — 
 
 City cemetery, what constitutes. 33 
 
 Lake View, what constitutes 34 
 
 Lake View, size of lots, price of 35 
 
 Map and survey, how made 36 
 
 Lots, how sold 37 
 
 Deed, form of 38 
 
 Fees lor deed 38 
 
 Record of sales, how kept 38 
 
 Lots in city cemetery, how sold 39 
 
 Proceeds of lots, cemetery fund 40 
 
 Graves in, how prepared 41 
 
 Sexton, compensation, how fixed 41 
 
 Paupers 42 
 
 Committee on, examination and report 43 
 
 Burials, register of 44 
 
 Burials to be registered 45 
 
 Register to be kept, where 46 
 
 Sexton, oath of 47 
 
 Sexton, duties of 48 
 
 Certificate of death required 48 
 
 Burial outside city, certificate 49 
 
 Penalty for burial without certificate 50 
 
 Certificate, refusal to famish 51 
 
 Householders, duties of 51 
 
 Physician attending duties of 61 
 
 Sexton, weekly report of burials 52 
 
 Lots, sexton to keep record of 52 
 
 Health physician, duties of 53 
 
 Mortuary lists, to be published 53 
 
 Disinterment of bodies, regulated 54 
 
 Interment of bodies in vaults, regulated 55
 
 INDEX TO KEVISED ORDINANCES. XIX 
 
 Cemeteries — Continued. Aet. 
 
 Disinterment prohibited in cases of contagion or pestilence . . . ^iQ 
 
 Sexton, disinterment withont consent 57 
 
 Sexton to prepare graves 56 
 
 Injury to tombstones, etc., penalty 59 
 
 Sexton, duties, records, reports 60 
 
 Chief of Police— 
 
 Substitutes, shall appoint 321 
 
 May suspend policeman 322 
 
 Appointment, salary, bond 1, 7 
 
 Jury fees, shall pay 340 
 
 Smoking ordinance, shall enforce 266 
 
 Costs in recorder's court 842, 343 
 
 Shall enforce judgments in 345 
 
 Public balls, duties in regard to 356 
 
 Dogs, duties in regard to 378 
 
 Obstructions in streets, shall remove 479 
 
 Collector, City — 
 
 Vehicle liceu.ses, shall collect 528 
 
 Licenses, shall issue 528 
 
 Numbers, shall prepare and issue ... 528 
 
 Duties as to licenses 547 
 
 Notification to chief of police. 548 
 
 Numbers for vehicles. . 534, 535 
 
 CONDEM^fATION OF GROUND FOR STREET — 
 
 Board, duties in relation to 524 
 
 Commissioners, how appointed 525 
 
 Damages for, how estimated 526 
 
 Appeal provided for 626 
 
 Costs — 
 
 Recorder's Court 342 
 
 Dogs — 
 
 Licenses 378 
 
 Killed, may be 378 
 
 President's duties 379 
 
 Biting, shall be killed 380 
 
 Engineer, City — 
 
 Specifications for repairs in fire limits 235 
 
 Grade of lots, shall certify to 247 
 
 Book of registration, shall keep 247 
 
 Lake View cemetery, shall lay off and plat 35, 36 
 
 Railroads, duties concerning 425
 
 XX INDEX TO REVISED ORDINANCES. 
 
 Engineer, City — Continued. Art. 
 
 Grades of railroads, shall give 4'2*j 
 
 Paving, railroads, estiiiKites, shall make 433 
 
 Sapervisiou over railronds 435 
 
 Expenses, railroads, dulies 436 
 
 Appointment, bond, salary, qualification 1,9 
 
 Monuments, shall establisli and ascertain 458 
 
 Books of record, shall procure. 460 
 
 JSIeasuring rods, property, eti- 460 
 
 Deputy, power to appoint .... . . 460 
 
 Surveys, shall make . . 461 
 
 Fees, may charge 462 
 
 Levels, shall run 463 
 
 Grades, shall give and mark 464 
 
 Bench marks, shall establish 464 
 
 Meetings of council, shall attend 465 
 
 Work on streets, shall supervise 466 
 
 Contracts, shall supervise and report 467 
 
 Railroads, shall supervise const ruction 467 
 
 Laborers and workmen, shall employ 468 
 
 Payroll, shall make and report ... 468 
 
 Material, shall inspect, receive and measure 468 
 
 Shall not be interested in contracts 469 
 
 Grade of alleys, shall establish 476 
 
 Duties m re. underground drains . . . . . 487 
 
 Pavement, may grant permit to lemove 497 
 
 Fees in removal of pavements 497 
 
 Chief of Fiee Department — 
 
 Appointment of, bond, .salary . . . . 1, 8 
 
 Duties of 231 
 
 Shall make inspection and report to council 231 
 
 Duties in repairs in fire limits 239 
 
 Supervise improvements in fire limits 239 
 
 Shall enforce fire ordinances 245 
 
 Shall inspect buildings, fluds and chimneys 245 
 
 May enter buildings ft. r purjio-'^es of inspection 245 
 
 Shall enforce fire ordinances .'.... 245 
 
 Duties in regard to petrohnm 274 
 
 Ex PECTOR ATION — 
 
 Regulating 41 7 
 
 Fences, Division— 
 
 Construction of, regulating ;}91,3y2 
 
 Penalties 392 
 
 Fences — 
 
 (See barbed wire fences) >J94 396
 
 INDEX TO REVISED ORDINANCES. XXI 
 
 FiBE Escapes— Aet. 
 
 Providing for 293 
 
 Requirements, substance 294 
 
 Chief of fire department, duties 295 
 
 Penalties 296 
 
 Erection of buildings 297 
 
 Fires, Prevention and Extinguishment — 
 
 Alarm, how given . . 251 
 
 False alarm, penalty 251a 
 
 Hatchways, to be closed 252 
 
 Counterfeiting signal box keys 253 
 
 Combustible material 255 
 
 Gun, pistol discharging 256 
 
 Yards, fire in prohibited . 258 
 
 Coals and brands, carrying 257 
 
 Chimneys, flues, stoves, regulated 259, 260 
 
 Powder, regulations 263 
 
 Smoking pipes, cigars, etc 266, 267 
 
 Obstructing streets during fire 268 
 
 Fire "Warden — 
 
 Underwriter's Inspector, shall be 
 
 Fire Alarm Telegraph — 
 
 False alarm, penalty 251a, 252 
 
 Signal boxes, counterfeiting 253 
 
 Signal box, etc., tampering with 254 
 
 Fire Crackers and Fire Works — 
 
 Penalty for discharging . 256 
 
 Fire Department — 
 
 Organization of 220 
 
 Members of, appointment, qualifications, removal, suspension . . 221 
 
 Chief, duties of 221 
 
 Tools and property, taking, punished 222 
 
 Kacing prohibited 223 
 
 Drivers' duties 224, 225 
 
 Rules and regulations, companies must have 226 
 
 Purchases prohibited 227 
 
 Hose, driving over, prohibited 228 
 
 Horses, exercise of 229 
 
 Liquor prohibited 229 
 
 Steam, maximum of 229 
 
 Duties of officers at fires 230 
 
 Inspection by engineers, and report 231 
 
 Register, city clerk to keep 232 
 
 Post of chief, at fires 233 
 
 Hose, penalty for running over 228
 
 XXii INDEX TO REVISED ORDINANCES. 
 
 FiEE Limits — Aet. 
 
 Boundaries of '234 
 
 Houses in, raised for sanitary purposes. 235 
 
 Specifications, city engineer to make ... 235 
 
 Buildings and repairs in, regulated 235 
 
 Buildings, removal of, in, regulated 236, 237 
 
 Buildings in, walls and roofs 238 
 
 Roofs, outside fire limits 239 
 
 Damages by fire, repairs regulated 240 
 
 Dilapidated buildings, condemnation and removal of 241 
 
 Dangerous buildings, condemned, how 243 
 
 Plank sidewalks in, prohibited 246 
 
 Permits to build in, required 247 
 
 Lots to be graded 246 
 
 City engineer, certificate 246 
 
 Cotton samples, buildings where kept 248 
 
 Privies in, how constructed 203 
 
 Fish — 
 
 Regulating sale of 307 
 
 Lobsters, to plant and care for 415 
 
 Regulating the catching of 415 
 
 Food — 
 
 Unwholesome, selling, punished . . 184 
 
 Selling tainted meats 184 
 
 Police and health inspectors, duties of 184 
 
 Gambling — 
 
 Playing cards 397 
 
 Public place, defined 398 
 
 Proof of betting unnecessary .... 399 
 
 Owners of house 401 
 
 Renting house or room 402 
 
 Witnesses must attend 403 
 
 Witness not liable 403 
 
 Geain Cabs, Whaef — 
 
 Persons loitering around igg 
 
 Taking and selling grain 167 
 
 Handling stolen grain 168 
 
 Theft 169 
 
 Hacks, Deays, Vehicles— 
 
 License and bond required 527 
 
 License tax, rate of 528 
 
 Street cars taxed 528 
 
 Numbers to be attached to 529 
 
 Color of numbers changed annually 529
 
 INDEX TO REVISED ORDINANCES. XXlll 
 
 Hacks, Drays, Vehicles — Continued. Art. 
 
 Liceuse to run from January to January 530 
 
 License to be paid to collector 531 
 
 Collector to issue license and numbers 582 
 
 Lamps to be lighted on hacks, omnibuses 532 
 
 Card rates to be posted in 532 
 
 Licenses, how transferred 533 
 
 False numbers, penalty for using 534 
 
 Defaced numbers reinstated . , . . 535 
 
 Fast riding or driving 536 
 
 Eules governing, in passing each other 537 
 
 Accidents, must render assistance 538 
 
 Sidevpalks, riding or driving over 540 
 
 Refusing loads prohibited 541 
 
 Load, what constitutes 542 
 
 Price of loads 543 
 
 Price of hack fares 544 
 
 Penalty for extortion 544 
 
 Obstructing street prohibited 545 
 
 Drivers not to leave vehicle 545 
 
 Rules at railroad and steamboat landings 545 
 
 Obtaining vehicle without paying therefor 546 
 
 License tax to be used for streets 547 
 
 Fines to be used as Street fund 547 
 
 Collector's duties as to licenses 548 
 
 Numbers, prepared by whom 548 
 
 Where they shall stand 549, 550 
 
 Duties of drivers when standing 551 
 
 Penalty, general provision 552 
 
 Bicycles and tricycles regulated 536, 539 
 
 Rules at depots 553, 554 
 
 Harbor and "Wharves — 
 
 Vessels not to lay in stream 142 
 
 Duties of vessels in stream 143 
 
 Duties of vessels at wharves 144 
 
 Vessels not to load or discharge in stream 146 
 
 Ship keepers 147 
 
 Penalties 148 
 
 Harbor master to enlorce rules 149 
 
 Penalty for bringing wreck into harbor 150 
 
 Casting obstructions or filth into harbor 151 
 
 Combustibles not to be heated on board of vessels 154 
 
 Ballast not to be thrown overboard 154 
 
 Ballast not to be unloaded at night 154 
 
 Regulating discharge of gunpowder at wharves 155 
 
 Removal of goods from wharf regulated 156 
 
 Regulating piling of freight on wharves 166
 
 Xxiv INDEX TO REVISED OEDIKANCES. 
 
 Harbok Master — Art. 
 
 To enforce smoking ordiuanee 266 
 
 Appointment, salary, bond 11 
 
 Shall enforce harbor rules 152 
 
 Shall regulate berths of vessels 155 
 
 Penalty for refusal to obey orders of 155 
 
 Shall enforce ordinances, etc 156 
 
 Health Department— 
 
 Establishment of hospitals prohil)i ted ... 170 
 
 Sick or diseased persons to be removed by 171 
 
 Shall abate nuisances, how . . . 183 
 
 May fill up low, filthy lots, how 179 
 
 Costs of filling low, filthy lots, how assi'ssed . . 180 
 
 Shall cause premises to be inspected 181 
 
 Houses, building lots and yards to be disinfected . ... . . 181 
 
 Selling tainted meats punished 184 
 
 Selling unwholesome poultry, fish, flesh or vegetables 184 
 
 Unwholesome places prohibited and punished 185 
 
 Notices, how served 188 
 
 Penalties 189, 190 
 
 Sanitary regulations 191 
 
 Privies, where constructed 192 
 
 Privies, keeping offensive, punished 193 
 
 Privies not to be constructed on si reel or alley 192 
 
 Eemoving night soil, regulated 195 
 
 Dead carcasses, carrion, etc. 196 
 
 Garbage, removal regulated 197 
 
 Owner to remove dead animal 196 
 
 Garbage not to be placed in street 194 
 
 Boiler manufactories, breweries, etc. 198 
 
 Wharves, docks and ships regulated 199 
 
 Wharf owners to remove noxious substance 199 
 
 Vessels containing stagnant water 200 
 
 Owners of vessels, duties of. 200 
 
 Infected articles, duties of health physician 201 
 
 Skinning dead animals prohibited 202 
 
 Privies in fire limits, how constructed 203 
 
 Health Physician — 
 
 Appointment, salary, bond 1, 10 
 
 Grant permits to hospital 172 
 
 Shall prevent disease 173 
 
 Establish pest houses. 173 
 
 May destroy infected clothes, material, etc 173 
 
 Duties of vessel in regard to sick ])erson .174 
 
 C!onveyors of sick persons 175
 
 INDEX TO REVISED ORDINANCES. XXV 
 
 Health Physician — Continued. Aet. 
 
 May prevent the entrance and order the removal of vessels ... 177 
 
 May be invested with police powers 182 
 
 Shall abate nuisances 183 
 
 Duties of 171 
 
 Duties, deaths and burials 187 
 
 Duties of, infected articles 201 
 
 Death certificates, duties 53 
 
 Mortuary list, shall publish 53 
 
 Death certificates, abstract of 58 
 
 Underground drains, duties 487 
 
 Houses and Buildings, Removal — 
 
 President to grant permit 236 
 
 Conditions may be imposed. 236 
 
 Rules and regulations 237 
 
 Permit in fire limits prohibited 237 
 
 Buildings must have fire-proof roofs, that have been moved . . . 238 
 
 Itinerant Vendors — 
 
 License, application for 130 
 
 Penalty. 131 
 
 Health officer, duties 133 
 
 Tax on 134 
 
 Goods, contagious 135 
 
 Exceptions 136 
 
 Junk Dealers — 
 
 Chief of Police, duty 406 
 
 Book must be procured by 407 
 
 Book marked how 408 
 
 Penalties 409 
 
 Dealer defined 410 
 
 Lewd Advertisements 503 
 
 Libraries, Free — 
 
 Establishing 591 
 
 Librarian, how appointed, salary 592 
 
 Librarian, duties of .... 593 
 
 Expenditures, how made 
 
 Report to be made annually 
 
 Penalties, etc 594 
 
 Licenses — 
 
 By whom issued 1 26a 
 
 Penalty for not procuring 127 
 
 Penalty for not posting 128 
 
 Time issued for, liquor and beer 63 
 
 593 
 593
 
 XXvi INDEX TO REVISED ORDINANCES. 
 
 Liquor Dealees— Art. 
 
 Tax levied on ^' 
 
 Duties before commencing business 62 
 
 Time license issued for 63 
 
 Collector to issue license 62 
 
 Transfers 64 
 
 Penalty for not posting license 62 
 
 Penalties 65 
 
 Payment of United States tax, eflfect of 66 
 
 Secretary's duties, books 67 
 
 Collector's duties, books 67 
 
 Exchange of license 68 
 
 Loafing — 
 
 Congregating, idling, etc . 421 
 
 Markets— 
 
 Meat to be sold in, only 301 
 
 Hours for opening and closing 303 
 
 Stall in city, regulated 304 
 
 Stalls to be rented annually 304 
 
 Stalls, price of, to be fixed 304 
 
 Eenting stalls, regulated 304 
 
 Cleaner to be employed 305 
 
 Cleaner shall give bond 305 
 
 Obstructing streets about, prohibited 306 
 
 Interfering with ropes, tackle, etc., prohibited 306 
 
 Injury to stalls prohibited 306 
 
 Sale of tainted meats prohibited 184 
 
 Private, how established 311 
 
 Private, limitation on 311 
 
 Stalls, standing or sitting on, prohibited 312 
 
 Offenses against occupants of stalls 313 
 
 Refuse to be thrown in tubs or barrels 310 
 
 Private, prohibited in certain limits 311 
 
 Third ward limits 311 
 
 Penalties 316 
 
 Fish, regulating sale of 316 
 
 Vegetables 314 
 
 Penalties 315 
 
 Sales from carts, wagons, etc 314 
 
 Game and fish 314 
 
 Malicious Mischief — 
 
 Injuries to public property 420, 423
 
 INDEX TO REVISED ORDINANCES. XXVll 
 
 Manuscript Bonds— ''^^'^• 
 
 107 
 Auditor shall prepare 
 
 1 QQ 
 
 Delivery to Treasurer 
 
 Shall be stamped, how '**" 
 
 Shall burn and destroy ^^^ 
 
 Trust and sinking funds 
 
 Minors — 
 
 Establishing curfew law 
 
 Penalties *^^ 
 
 Oath of Office — 
 
 3 37 
 Prescribed 
 
 Occupation Taxes — 
 
 Acrobats ^^ 
 
 Auctioneers 
 
 Baseball Parks ^^^ 
 
 Billiard and Pool Tables ^^ 
 
 Bridge Toll '^'^ 
 
 Buggies and other vehicles 
 
 Bull and dog fights ^''* 
 
 Circus ^^ 
 
 Cockpit ^^ 
 
 98 
 Concerts 
 
 108 
 Clocks and ranges 
 
 124 
 Cigarettes ^^* 
 
 Cotton brokers ^^^ 
 
 1 Ofi 
 Cotton and wool buyers 
 
 121 
 Cotton seed oil products 
 
 Commission, selling on '"^ 
 
 Commission merchant ^^"^j 
 
 Dentists ^^ 
 
 Electric lights ^'^ 
 
 . 117 
 
 Elevator grain ■ ■ • ■ ^^' 
 
 Electric battery ^^^ 
 
 7S 
 Fortune tellers 
 
 109 
 Gas companies " 
 
 Graphophones, phonographs ^^° 
 
 Horse races, pools 
 
 Hobby horses, jennies °° 
 
 Ice dealers 
 
 109 
 Industrial, insurance agents ^"-^ 
 
 Insurance agents 
 
 102 
 Insurance agents 
 
 Knife, cane and doll racks °* 
 
 1 IQ 
 Kinetoscope 
 
 Land agents 
 
 80
 
 Xxviii INDEX TO REVISED ORDINANCES. 
 
 Laundry, steam ^^^ 
 
 Lawyers ° 
 
 Occupation Taxes — Continued. Aet 
 Laundry, steatu 
 Lawyers . . • 
 
 Lightning rods 
 
 Livery stable "" 
 
 Merchants 10, U 
 
 Menageries. ^'^ 
 
 Menageries, wax-works "^ 
 
 Money brokers, shavers ... 74 
 
 Patent medicines "^2 
 
 Pawnbrokers . . . . ' 105 
 
 Panorama, view shows. 120 
 
 Phonographs 1'" 
 
 Photographs '^^ 
 
 Peddlers 89 
 
 Race tracks • H^ 
 
 Sewing machines If*^ 
 
 Ship agents 78 
 
 Shooting gallery ^3 
 
 Slight of hand -'4 
 
 Skating rinks HI 
 
 Shows, all kinds. I'-O 
 
 Street car companies 116 
 
 Steam laundry . 113 
 
 Theaters 90 
 
 Ten pin alleys. 87 
 
 Wagon yards 99 
 
 Wagon and buggy peddlers 108 
 
 Wax and other works 97 
 
 Licenses, time of -. ■ • 125 
 
 Licenses, transfer of 126 
 
 Licenses, posting of 128 
 
 Penalties 129 
 
 Dismissal of prosecution 129 
 
 Offenses Against Public Peack — 
 
 Keeping of sundry houses 347 
 
 Fighting, quarreling, disorderly conduct 348 
 
 Injuring fences, doors, houses, signs 348 
 
 Intruding and trespassing 348 
 
 Abusing, provoking, disturbrug 348 
 
 Exposing signs, prints, caricatures 348 
 
 Disturbing religious or other meetings 349 
 
 Vagrants, beggars, tramps, etc 350 
 
 Bawdy houses, assignation houses 352 
 
 Loafing defined 351 
 
 Opium, keeping houses for smoking 352
 
 INDEX TO REVISED ORDINANCES. XXIX 
 
 Offensks Against Public Peace — Continued. Airr. 
 
 Renting houses for prostitution, oi>ium 3o8 
 
 Cards and dice, playing at 3-)4 
 
 Public balls, regulating :^")-')-8')7 
 
 Riots and disturbances at balls 357 
 
 Bar rooms, opening and closing 358 
 
 Bathing regulations 359-361 
 
 Animals running at large . . 302 
 
 Public pound, regulating 302 
 
 Swine and goats 3()7 
 
 Penalties for keeping sundry 367, 308 
 
 Driving cattle and beeves 370,371 
 
 Pigeons, keeping 372 
 
 Glanders, regulating ....•• 3t)7 
 
 Dogs, license fees and regulations , 378-380 
 
 Dogs, biting, shall be killed 380 
 
 Arras, unlawful carrying 381 
 
 Arms, penalty for carrying 383 
 
 Shows, circuses and exhibitions 389 
 
 Shrubbery, injuring 485 
 
 Chickens running at large 412 
 
 Crowds on sidewalks prohibited 421 
 
 Disposition of funds from tines and sales. 3(>3 
 
 Redeuixition of animals 3(54 
 
 Chief of Police shall kill animals ... 365 
 
 Cows and horses, in streets, can drive 366 
 
 Cruelty to animals 374 
 
 Diseased animals 375 
 
 Penalties 376 
 
 Officers— 
 
 Appointments of charter 1 
 
 Tenure of office I 
 
 Treasurer, bond, salary, duties 2 
 
 Attorney, bond, salary, duties 3 
 
 Auditor, bond, salary, duties 4 
 
 Assessor and Collector, bond, salary, duties 5 
 
 Recorder, bond, salary, duties. 6 
 
 Chief of Police, bond, salary, duties 7 
 
 Chief of the Fire Department, bond, salary, duties 8 
 
 Engineer, bond, salary, duties 9 
 
 Health Physician, bond, salarj', duties 10 
 
 Harbor Master, bond, salary, duties 11 
 
 Sexton, bond, salary, duties 12 
 
 Superintendent of Waterworks, bond, salary, duties 13 
 
 Engineer of Waterworks, bond, salary, duties 14 
 
 Secretary, bond, salary, duties 15
 
 XXX INDEX TO REVISED ORDINANCES. 
 
 Officers — Continued. Art. 
 
 OfBcers created by the board, bonds, salaries, duties. 16 
 
 Approval of bonds. 17 
 
 Commissioners 18 
 
 Duties, indicated by it, shall perform 19 
 
 Abolishment of 20 
 
 AfHrmiug, creation and filling 21 
 
 President of board, shall perform, etc 22 
 
 Oaths of 23 
 
 Time for qualification of 24 
 
 Shall make inventories of property 25 
 
 Leave of absence how granted 26 
 
 Leave of absence, to whom granted 27 
 
 May grant leave of absence, to whom 28 
 
 Leave of absence, substitutes 29 
 
 Absence from duty, punished, how 30 
 
 Commissioners shall make rules and regulations for their depart- 
 ments 31 
 
 Oil Storage— 
 
 Eegulations concerning 273 
 
 Inspection and examination 274 
 
 Further rules 275, 277 
 
 Regulating material of tanks 278, 279 
 
 Tanks, surroundings 280, 281 
 
 Ordinances — 
 
 Amended, how 317 
 
 Constructions and definitions 318 
 
 Passenger Station — 
 
 Hotel runners, regulations 554 
 
 Loafing around ... 
 
 Pawnbrokers— 
 
 Chief of Police to procure books 384 
 
 Shall exhibit books and pawned articles 384 
 
 Books, form of 385 
 
 Books, how to be kept 386 
 
 Entries to be made daily 387 
 
 Penalties 388 
 
 Petroleum Oil and Inflammable Commodities — 
 
 Regulating quality to be kept 273 
 
 Regulating storage of 274 
 
 Certificate of Chief Engineer as to 274 
 
 Chief Engineer shall give certificate of 274 
 
 Duty of the President in regard to 275
 
 XXXi INDEX TO REVISED ORDINANCES. 
 
 Petroleum On, and Inflammable Commodities— Confmwerf. aet. 
 
 (certificate to be hunji up 275 
 
 Premises to be open for inspection 275 
 
 Not to be manufactured in street or dwelling house 279 
 
 Penalty for violating 278, 279 
 
 Pigeons — 
 
 Keeping prohibited 372 
 
 Plumbers — 
 
 Application to board in writing 579 
 
 Qualifications, bond 580 
 
 Suspension of license 381 
 
 Jiaws, waterworks and sewerage 582 
 
 Poultry — 
 
 Running on streets prohibited 412 
 
 Police Department — 
 
 Organization of 320 
 
 Officers and members of 320 
 
 How appointed 320 
 
 Substitute, chief to appoint 321 
 
 Policemen, may be suspended for what 322 
 
 Policemen, qualifications of duties 323 
 
 Powers of policemen 323 
 
 Suspension and removal 322 
 
 May enter dwelling 323 
 
 Interference with, punished .... 324 
 
 Assignment to duty 325 
 
 Arms and equipments 325 
 
 Policeman's whistle, unlawful to blow. 327 
 
 Policeman shall arrest, unlawful carrying arms 381 
 
 Port Wardens— 
 
 Appointment of 157 
 
 Duties of ... 158 
 
 Duties relating to vessels breaking bulk 159 
 
 Fees for services 1 'iO 
 
 More than one Port Warden required in certain cases 161 
 
 May be removed, for what 162 
 
 Policemen — 
 
 Chief shall enforce State gaming laws 404 
 
 Penalty for failure to enforce laws 405 
 
 Pound, Public— 
 
 Regulations concerning 362 
 
 Owners may redeem 364
 
 XXXii INDEX TO REVISED ORDINANCES. 
 
 Pound, Public — Continued. Aet. 
 
 Animals to be killed, when 365 
 
 Auiiuals, when to be driven 366 
 
 Fees for impounding, 363 
 
 Powder — 
 
 Eegnlating use ot 263 
 
 Regulating discharge of, at wharves 155 
 
 President— 
 
 Building permits, shall issue 250 
 
 Petroleum, duties in regard to • ■ . . . 275, 276 
 
 Dogs, duties in regard to 379 
 
 Permits to remove buildings, shall grant mO 
 
 Permits to repair wooden buildings damaged by fire 240 
 
 Inspectors of dilapidated buildings, shall appoint 241 
 
 Obstructions in the streets, to remove 473 
 
 Privies — 
 
 Construction in fire limits 203 
 
 On streets and alleys, prohibited 191 
 
 Distance from line of lot or street 191 
 
 Penalty 191 
 
 Removing night soil 193 
 
 Prostitutes — 
 
 Soliciting trade 416 
 
 Public Property, Protection of — 
 
 Injuries to 420 
 
 Loafing and congregating around 421 
 
 Throwing missiles 422 
 
 Disfiguriug aud defacing 423 
 
 Quarantine — 
 
 In" Galveston Bay 204 
 
 Anchorage of, established 205 
 
 Physician to board vessels 206 
 
 Physician may examine persons under oath 206 
 
 Vessels not to leave 207 
 
 Vessels in, not to be unloaded without permit 208 
 
 Masters o vessels to report to quarantine station 209 
 
 Vessels to be fumigated 210 
 
 Bedding aud clothing may be destroyed 211 
 
 Penalty for giving false information 212 
 
 Penalty for obstructing quarantine physician 213 
 
 Penalty for violating regulations 214 
 
 Pilots, duties of, in reference to 215 
 
 Vessels from infected ports, regulations 215
 
 INDEX TO REVISED ORDINANCES. XXXiii 
 
 Railway Companies — Aet. 
 
 Map of, shall make and file 424 
 
 Changes in, how made 425 
 
 New lines, grades to be established . 426 
 
 Shall raise and fill between tracks 427 
 
 Roadbed filled and ballasted 428 
 
 Curves and intersections 429 
 
 Tracks and trestles on piles. 430 
 
 Forming intersections with other roads 431 
 
 Digging sand along track prohibited 432 
 
 Paving between tracks, when 433 
 
 Costs of paving between tracks 433 
 
 Paving, shall keep in repair 434 
 
 Cost of repairs 434 
 
 City Engineer shall keep supervision over 435 
 
 Expenses incurred bv City Engineer, how collected 436 
 
 Penalties 437 
 
 Acceptance of these provisions 438 
 
 Rate of fare for street railways 439 
 
 Getting on cars prohibited 448 
 
 Rate of speed of cars 450 
 
 Locomotives, running, regulated 451 
 
 Watchmen at crossings 452 
 
 Stopping cars on crossings 452 
 
 Penalties 452 
 
 Regulating running of street railway cars 457 
 
 Revocation of right of way 456 
 
 Guard wires, to be provided by electric 440, 441 
 
 Bumpers must have 443 
 
 Cannot be permitted to stand 451 
 
 Penalties 452 
 
 Rkcoedkk's Court— 
 
 Proceedings in, how instituted 328 
 
 Process, how executed 320 
 
 Docket of, how kept 330 
 
 Witnesses, how summoned 331 
 
 Trial by jury, regulated 332 
 
 Suspension of judgment . 333 
 
 Remission of fines 333 
 
 Imprisonment for non-payment of fines 334 
 
 Fine, minimum, one dollar 335 
 
 Penalty, when not provided for 335 
 
 Prisoners to labor, regulating 336 
 
 Escape and refusal to work 338 
 
 Resentence in certain cases 339 
 
 Jury fees, regulating 340 
 
 Costs in 340 
 
 19b
 
 XXXiv INDEX TO REVISED ORDINANCES. 
 
 Recoedee's Couet — Continued. Aet. 
 
 Chief of Police to collect costs 343 
 
 Cost in, what oifenses • • 344 
 
 Costs earned by police 346 
 
 Arms, unlawful carrying, shall try 383 
 
 Scrip, must not be interested in 341 
 
 Sand — 
 
 Regulations 496 
 
 Sanitaey Regulations — 
 
 Privies, where constructed 191 
 
 Privies, keeping offensive punished .... 192 
 
 Privies not to be constructed on street or alley 191 
 
 Removing night soil regulated ... 193 
 
 Dead carcasses, carrion, etc 194 
 
 Garbage, removal regulated 194 
 
 Owner to remove dead animal 196 
 
 Garbage not to be placed in street 197 
 
 Boiler manufactories, breweries, etc 198 
 
 Wharves, docks and slips regulated 199 
 
 Wharf owners to remove noxious substance 200 
 
 Vessels containing stagnant water ■ ■ . . 200 
 
 Owners of vessels, duties of. 200 
 
 Skinning dead animals, prohibited 202 
 
 Privies in fire limits, how constructed 203 
 
 Hides and paltries 201 
 
 Skashoees — 
 
 Excavation of 509 
 
 Penalties 510 
 
 Obstructions, causing 511 
 
 Seweeage — 
 
 Connections with, compulsory 586 
 
 Injuries to pipes punished 587 
 
 Rates and tolls payable, how 588 
 
 Connections may be cut ofi^ 588 
 
 Rates established 590 
 
 Costs of connections 590 
 
 Connections required 589 
 
 Sinks and water-closets prohibited 587 
 
 Sexton, City — 
 
 Duties of 41 
 
 Time and manner of appointment 41 
 
 Shall prepare graves .... 41 
 
 Fees of, to be fixed by Committee on Cemeteries 41
 
 INDEX TO REVISED OEDINANCES. XXXV 
 
 Sexton, City — Continued. Akt. 
 
 Shall keep a register 44 
 
 Shall enter all burials in register 45 
 
 Shall keep register open for inspection 46 
 
 Failure to make entries in register sufficient cause for removal . . 46 
 
 Shall subscribe oath of office 47 
 
 Shall inter all dead bodies 48 
 
 Salary of 41 
 
 Shall be furnished with physician's certificate of particulars of 
 
 death 48 
 
 Shall be furnished with certificate in cases where body is not to 
 
 be buried in a city cemetery 49 
 
 Subject to a fine for burying body without certificate 50 
 
 Shall keep record Ijooks of burial lots sold 52 
 
 Shall make weekly reports to Health Physician of all interments .' 52 
 
 Shall return death certificate to Health Officer 52 
 
 Shall superintend disinterment of bodies 54 
 
 Shall be fined for disinterring body without authority, or failure 
 
 to inter dead body 57 
 
 Shall prepare graves 58 
 
 Shall keep cemetery in good condition 58 
 
 Shall have control of 58 
 
 Sick or Diseased Persons — 
 
 Masters of vessels to report to Health Physician 174 
 
 Kailroads and public conveyances to report to Health Physician . 175 
 
 Keepers of hotels to report sickness to Health Physician 178 
 
 Sidewalks or Sidewalk Improvements — 
 
 Width of sidewalks 512 
 
 Shall not encumber 512 
 
 Molasses and like articles, must not be stored on 512 
 
 Galleries and balconies on, prohibited 514 
 
 Awnings and sheds, how built ... 515 
 
 Awnings, wooden, in fire limits 515 
 
 Weeds, grass and trash on, prohibited 516 
 
 Must be kept clean 517 
 
 Sweepings, offal, debris 517 
 
 To be paved aud curbed 518 
 
 Pavement below grade to be raised 521 
 
 Plank sidewalks to be removed 521 
 
 Low and defective, how repaired 522 
 
 Penalty 522 
 
 Slaughter Houses and Yards — 
 
 Limits within which they may not be established 216 
 
 Meats to be deposited in market house 216 
 
 Slaughtering animals prohibited within certain limits 216
 
 XXXVi INDEX TO REVISED ORDINANCES. 
 
 Slaughter Houses and Yards — (Continued. Art. 
 
 Offensive trades and occupations prohibited 217 
 
 Penalties 218 
 
 Recorder to abate nuisances. 219 
 
 Smoking — 
 
 Pipes, cigars and cigarettes prohibited 266, 267 
 
 Enforced by whom 272 
 
 Spark Arrestors— 
 
 Captains and owners, duties 282 
 
 Steam engines, must use 283 
 
 Vessels shall keep 284 
 
 Protection of hatch combing 285 
 
 Smoking prohibited on vessels 286 
 
 Kegulations of lanterns on vessels 287 
 
 Paint vessel, shall not 288 
 
 Duty of captain to cover hatching 289 
 
 Duty of captain of vessel 290 
 
 Penalties 291 
 
 Matches, prohibiting on wharf 292 
 
 Streets, Alleys and Sidewalks — 
 
 Groesbeck survey affirmed 451) 
 
 Sandirsky map confirmed . 459 
 
 Penalty for altering monuments. 461 
 
 Extension of streets ... 471 
 
 Encumbering streets and public grounds 471 
 
 To remove obstructions 478 
 
 Trees and posts in, prohibited 474 
 
 Alleys not thoroughfares . 475 
 
 Grade of alleys 476 
 
 Alleys may be closed, when 478 
 
 Alleys may be opened, when 478 
 
 Building materials on, regulated 479 
 
 Drainage, penalty for obstructing 480 
 
 Obstructing punished 480 
 
 Obstructions, how removed 482 
 
 Esplanade, on Broadway 483 
 
 Esplanade, shall not drive on 484 
 
 Esplanade, animals shall not, etc 485 
 
 Underground drains not to be used 486 
 
 Underground drains, no connecting pipes 486 
 
 Fire, no vehicle to obstruct in case of 488 
 
 Sand, removal prohibited 489 
 
 Sand from beach, removal 490 
 
 Pelican spit, removal of shell, etc 490
 
 INDEX TO REVISED ORDINANCES. XXXVii 
 
 Streets, Alleys and Sidewalks — Co^iiinued. Aet. 
 
 Grade of sidewalks 491 
 
 Beach a public avenue 492 
 
 Pavement, no removal without permits 497 
 
 Swinging signs prohibited 498 
 
 Penalty for mutilating trees, etc. . 499 
 
 Provisions for numbering houses and prescribing penalties. . . . 555—562 
 
 Trash and garbage 501, 502 
 
 Garbage box or barrel 501 
 
 Lewd and indecent pictures 503 
 
 Medicine packages, in yards 504 
 
 Penalties 505 
 
 Tree and shrubbery trimmings 506 
 
 Taxes akd Taxation, Chartee Provisions — Sec. 
 
 Ad valorem 54 
 
 Assessor and Collector, duties . . . . 52, 54 
 
 Assignment by debtor, taxes 58 
 
 Bankrupts, taxes ... 58, 62 
 
 Corporation shares 55 
 
 Compromise and reduction 63 
 
 Damaged stocks 62 
 
 Delinquent taxes 54 
 
 Delinquent taxpayers 60 
 
 Exemptions, from 53 
 
 Interventions for taxes 61 
 
 Junk dealers 62 
 
 Limitation for general purposes 54 
 
 Occupation, limit of 62 
 
 Liens for taxes 56 
 
 Limitation, not to be pleaded 60 
 
 Merchandise, lien 58 
 
 Assessment, mode of 54 
 
 No demand necessary 59 
 
 Occupation and license 52, 54 
 
 Pawnbrokers . 62 
 
 Personal property defined 54 
 
 Poll tax 54 
 
 Bonds, power to levy limited 67 
 
 Eeal estate defined 54 
 
 I'ailroads, city 66 
 
 Seizure and sale 58 
 
 Suits for taxes 54, 60 
 
 School taxes 64 
 
 Tax roll, sufficiency of 57 
 
 Transient vendors 62 
 
 To pay bonds 67
 
 XXXViii INDEX TO REVISED ORDINANCES. 
 
 Taxes and Taxation, Chaetek Provisions — Continued. Sec. 
 
 To pay interest and sinking fund 67 
 
 Trust funds 7^ 
 
 Vehicles . ^1 
 
 When due 59 
 
 Telegraphs, Telephones and Electric Lights— . Art. 
 
 Authorized to set poles, etc., along streets, when 563 
 
 Poles may be set in alleys, when 564 
 
 Poles, kind to be used 565 
 
 Poles, shall be painted 565 
 
 Poles, shall have iron steps 5(35 
 
 Poles, where placed 565 
 
 Companies shall submit route to Committee on Streets and Alleys 5(36 
 
 Work shall be done under the direction of City Engineer .... 566 
 
 Pavement must be restored 566 
 
 Location of poles, City Council or Committee ou Streets and 
 
 Alleys may order change in location 567 
 
 Companies shall keep on deposit fifty dollars 567 
 
 Penalty for not keeping deposit w^ith Treasurer 569 
 
 Pole, city may use top arm 570 
 
 City may prescribe any mode of conducting wires over or under 
 
 its thoroughfares 571 
 
 Every company shall file acceptance of provision of ordinance . . 567 
 
 Poles, unlawful to post bills on 573 
 
 Penalty for posting bills 570 
 
 Regulating wires 574 
 
 Tree and shrubbery trimmings 506 
 
 Underground Drains — 
 
 Shall not be used for sewage 486 
 
 Connecting pipes to be cut off 487 
 
 Health Physician's duties 487 
 
 Waterworks— 
 
 Regulations 575 
 
 Obstructing pipes or hydrants 576 
 
 Peopeuing prohibited 577 
 
 Assessments for water 578 
 
 Water pipes by plumber 579, 580 
 
 Water meters, regulating 584 
 
 Obstructing fire hydrants 585 
 
 Wharves- 
 
 Penalty for fast driving on KjS 
 
 Not to be extended beyond 164
 
 \ 
 
 4
 
 AN APPENDIX 
 
 CONTAINING 
 
 SPECIAL ORDINANCES, 
 
 CONTRACTS AND OTHER ACTS AFFECTING THE 
 
 RIGHTS AND INTERESTS 
 
 CITY OF GALVESTON 
 
 COMPILED AND PUBLISHED 
 
 AUTHORITY OF THE CITY. 
 
 PREPARED BY 
 
 GEO. P. KINLAY.
 
 APPENDIX. 
 
 CHAPTER I. 
 
 BONDS TO PURCHASE BLOCK 32 1. 
 
 Section 1. That his honor the mayor be and. he is hereby 
 directed to propose to the Galveston City Company to pur- 
 chase block number three hundred and twenty-one on the 
 following terms, to-wit : For the sum of thirty-five thou- 
 sand dollars, payable in bonds of the city of Galveston, the 
 said bonds to bear interest at the rate of eight per cent, per 
 annum, with interest coupons attached, payable semi- annu- 
 ally, and receivable for all city taxes and other public dues; 
 the principal payable, one-tenth in twenty years from the 
 date thereof, and one-tenth ever}^ year thereafter, until the 
 whole is paid. 
 
 Sec. '1. That if the said City Company agree to sell said 
 block, on the terms proposed, then the mayor is hereby 
 authorized and empowered to have the said bonds prepared, 
 and to execute and deliver the same upon the execution and 
 delivery of a deed by said company of the block mentioned. 
 The said bonds to be in sums of not less than live hundred 
 dollars ($500) each. 
 
 Sec. 3. That said block, if purchased, shall be used as 
 the site of a city hall and other public buildings. 
 
 [Approved February 3, 1873. 
 
 CHAPTER H. 
 
 GALVESTON THIRTY- YEAR LIMITED DEBT BONDS 1 8 76. 
 
 Section 1. That the mayor of said city and the com- 
 mittee on finance and revenue of said council be and are hereby 
 authorized to have printed or engraved bonds of said city to 
 the amount of eleven hundred and fifty thousand dollars, which 
 shall be styled "Galveston thirtyyear limited debt bonds." shall 
 
 be payable thirty years after their issue, to or bearer, 
 
 247
 
 Chap. II. Appendix. 
 
 at the office of the treasurer of said city; shall bear interest 
 at the rate of eight per cent, per annum, and have attached 
 semi-annual interest coupons, payable at said office, on the 
 first day of March and the first day of September of each 
 year. The said bonds shall be issued under the seal of said 
 city, in denominations of one hundred, five hundred and one 
 thousand dollars; shall be signed by the mayor and coun- 
 tersigned by the treasurer of said city ; shall be numbered con- 
 secutively from number one upwards, and shall be reg- 
 istered by the city clerk in a book to be kept especially for 
 that purpose. 
 
 Sec. 3. That the city hereby reserves the right to redeem 
 at par the said bonds, or any of them, at any time after ten 
 years from the dates of their respective issues, upon giving 
 notice by advertisement in the official journal of said city for 
 thirty consecutive days (exclusive of the days upon which 
 the journal is not published) that, upon a day therein named 
 it will redeem at par, upon presentation at the office of said 
 treasurer, the bonds described in such advertisement. The 
 said notice shall be signed by said treasurer, and shall give 
 the number, date and amount of each of the bonds so to be 
 redeemed. 
 
 The bonds authorized by this ordinance shall be redeemed 
 in the order in which they are issued — that is to say, the bonds 
 bearing the earliest date, or being first issued, shall be first 
 redeemed ; and any bond so advertised for, and designated 
 as aforesaid, and not being presented for redemption as afore- 
 said, on the day named in said notice, shall cease to bear in- 
 terest from and after such day. 
 
 Sec. 3. To provide for the payment of the interest on said 
 bonds, and to create a sinking fund for the redemption and 
 payment of the principal thereof, there is hereby set apart 
 and specially appropriated to that purpose, one-third of one 
 per cent, of the annual general revenues of said city for each 
 and every ten thousand dollars of such bonds issued ; and if. 
 at any time, such percentage of said revenues shall be found 
 insufficient to yield for the payment of said interest, and 
 for said sinking fund annually, a sum equal to ten per cent, 
 of the bonds issued, it shall then be the duty of said board 
 
 248
 
 Appendix. Chap. II. 
 
 to set apart and appropriate such additional percentage of 
 said revenues as shall be sufficient to supply siich deficiency. 
 It shall be the duty of said treasurer to deduct from all moneys 
 received by him on account of said general revenues, at the 
 time he receives the same, the percentage so set apart by 
 said council to provide for said interest and sinking fund, as 
 aforesaid ; and of the moneys so deducted, said treasurer shall 
 place eight-tenths to the credit of the interest fund, and two- 
 tenths to the credit of the sinking fund of said bonds : pro- 
 vided, however, that whenever there shall have been de- 
 ducted from said revenues of any one fiscal year, and placed 
 to the credit of the said interest fund, an amount equal to 
 eight per c^-nt. of the bonds issued, and to the credit of the 
 said sinking fund an amount ec|ual to two per cent, of such 
 bonds, then said treasurer shall make no further deductions 
 from said revenues for tliat year. The said council shall an- 
 nually cause the said sinking funds, and all accretions thereof, 
 to be invested in bonds of said city, in bonds of the state of 
 Texas, or in bonds of the United States, as they may, from 
 time to time, determine. 
 
 Sec. 4. The said interest fund and the said sinking fund 
 are hereby made special funds for special purposes, and shall 
 be disbursable only for the purposes for which they are 
 respectively created, and any officer of said city misapplying 
 said funds shall be punished as prescribed in the thirty-first 
 section of the charter of said city. 
 
 Sec. 5. The mayor of said city and said committee are here- 
 bv empowered to negotiate, exchange and sell the bonds au- 
 thorized to be issued by this ordinance ; provided, however, 
 that none of the said bonds shall be issued at less than par, 
 or be issued for any other purposes than those prescribed by 
 the one hundred and thirty-first section of said chapter. 
 
 [Approved September 19, 1876. 
 
 CHAPTER III. 
 
 GALVESTON FORTY-YEAR LIMITED DEBT BONDS 1 88 1. 
 
 Section 1. That the mayor of said city and the committee 
 on finance and revenue of said council be and are hereby 
 authorized to have printed and engraved bonds of said city 
 
 249
 
 Chap. III. Appendix. 
 
 to the amount of one million and three hundred thousand dol- 
 lars, which shall be styled "Galveston forty years limited debt 
 
 bonds ;" shall be payable forty years after their issue to — 
 
 or bearer at the office of the treasurer of said city ; shall bear 
 interest at the rate of five per cent, per annum, and have at- 
 tached semi-annual interest coupons, payable in the city of 
 
 New York at or at the office of the city treasurer, at 
 
 the option of the holder or holders of said bonds, on the first 
 day of June and the first day of December of each year. The 
 said bonds shall be issued under the seal of said city in de- 
 nominations of one hundred dollars or multiples thereof : 
 shall be signed by the mayoi and countersigned by the* 
 treasurer of said city; shall be numbered consecutively from 
 number one upwards and shall be registered by the city clerk 
 in a book to be kept specially for that purpose. 
 
 Sec. 2. The said city hereby reserves the right to redeem 
 at par the said bonds, or anv of them, at any time after ten 
 years from the dates of their respective issues, upon giving 
 notice by advertisement in the official journal of 
 said city for thirty consecutive days (exclusive of 
 the days upon which the journal is not pub- 
 lished), that upon a day to be therein named, it will redeem 
 at par, upon presentation at the office of said treasurer, the 
 bonds described in such advertisement. The said notice shall 
 be signed by said treasurer, and shall give the number, date 
 and amount of each bond so to be redeemed. The bonds 
 authorized by this ordinance shall be redeemed in the order 
 in which they were issued — that is to say, the bonds bear- 
 ing the earliest date, or being first issued, shall be first re- 
 deemed; and any bond so advertised for and designated as 
 aforesaid, and not being presented for redemption as afore- 
 said, upon the day named in said notice, shall cease to bear 
 interest from and after such day. 
 
 Sec, 3. To provide for the payment of interest on said 
 bonds and to create a sinking fund for the redemption of 
 same and payment of the principal thereof, there is hereby 
 levied and set apart and specially appropriated an annual ad 
 valorem tax on all property, real, personal and mixed, within 
 the said city of Galveston, not exempt from taxation by the 
 
 250
 
 Appendix. Chap. Ill, 
 
 Constitution and laws of the State, of and at the rate of 
 one-third of one cent on the one hundred dollars valuation 
 of said property for each and every ten thousand dollars of 
 such bonds issued ; such tax to be assessed and collected an- 
 nually, until the principal and interest of said bonds are 
 fully paid up and discharged, and if at any time such tax 
 shall be found insufificient to 3aeld for the payment of said 
 interest and for said sinking fund, annually, a sum equal 
 to seven per cent, of all said bonds issued, it shall be the 
 duty of said council to set apart and appropriate such ad- 
 ditional amount and sum of the annual general revenue and 
 from all other sources of revenue of said city, as ma}' be nec- 
 essary and sufficient to supply such deficiency. And to fur- 
 ther provide for and secure the payment of said interest and 
 to create a sinking fund for the redemption of said bonds 
 when due or before maturit}^, when redeemable, there is 
 hereby sei apart and appropriated, as a specia'. fui)d, to be 
 used for no other purpose whatsoever, the incouic and divi- 
 dends of the city from its six thousand, tw^:) hundred and 
 twenty-two shares of stock in the Galveston Wharf Com- 
 •)riny, and the m- ome and dividends of said ci-)- from its six 
 hundred and ninety-three shares of stock in the Galveston 
 City Railroad Company, as the same shall accrue until the 
 pr'.ncipa^ a>.d interest of said bonds is fully ])aid up and 
 discharged 
 
 Sec. -i. It shall be the duty of the city treasurer to place 
 ai' moneys coUected and received from the ad valorem tax 
 and general revenue mentioned in the foregoing section to 
 the credit o^ the interest and sinking funds of said bonds, 
 and shall divide said revenue between the said interest and 
 sini-.ing funds, as follows,to-wit : Five-sevenths of said reve- 
 nue to the c edit of the interest fund, and two-sevenths thereof 
 to the credit of the sinking fund; and, further, of the in- 
 come of said city from its six thousand, two hundred and 
 twenty-two shares of stock in the Galveston Wharf Com- 
 pany, and from its six hundred and ninety-three shares of 
 stock in the Galveston City Railroad Company, the said 
 treasurer shall place such sum as may be necessary to pay 
 any balance of said interest falling due during tlTe year, in 
 
 251
 
 Chap. III. Appendix. 
 
 case five-sevenths of the amount realized from said tax and 
 general revenue shall not be sufficient during any one year 
 to pay said interest, to the credit of the said interest fund, 
 and the balance of said income of said city from said wharf 
 company's stock and said city railroad company's stock to 
 the credit of the sinking fund of said bonds ; and if at any 
 time there shall be any surplus in the said interest fund 
 after provision is made for the payment of interest for the 
 next six months thereafter, then this surplus shall be placed 
 to the credit of said sinking fund. 
 
 Sec. 5. The said council shall cause the said sinkng 
 fund, and all accretions thereof, to be invested in the bonds 
 hereby authorized to be issued, in bonds of the State of Texas, 
 or in bonds of the United States, as they may from time to 
 time determine, upon the accumulation of each two thou- 
 sand dollars of said fund. 
 
 Sec. G. The said interest fund and said sinking fund 
 are hereby made special funds for special purposes, and shall 
 be disbursable only for the purposes for which they are re- 
 spectively created ; and any officer of said city, misapplying 
 said funds, shall be punished as prescribed in the thirty- 
 first section of the charter of the city. 
 
 Sec. 7. The mayor of said city and said committee on 
 finance and revenue of said council are hereby empowered to 
 negotiate, exchange and sell the bonds authorized to be is- 
 sued by this ordinance ; provided, however, that none of said 
 bonds shall be issued at less than par, or be used for any 
 other purposes than those prescribed by the one hundred 
 and thirty-first section of said charter, as amended April 
 5, 1881. 
 
 Sec. 8. That the treasurer of said cit}' shall, during the 
 months of ^Ma}- and November of each year, not later than 
 the 20th of each month, transmit all moneys in said interest 
 fund to such national or other bank, as may be selected by 
 said council, as provided for by section one of this ordinance, 
 for the purpose of paying the interest on said bonds in the 
 city of New York, and in such manner as the mayor and 
 committee on finance and revenue may direct. 
 
 252
 
 Appendix. Chap. IV. 
 
 Sec. 9. That the city council are authorized and empow- 
 ered, should they consider it best for the interest of the 
 city, to allow a commission not exceeding five per cent, to 
 a financial aijent for the negotiation and sale of any of said 
 bonds. 
 
 [Approved June 23. 1881 
 
 CHAPTER IV. 
 
 GALVESTON WATER WORKS, STREET IMPROVEMENT AND CITY HALL BONDS. 
 
 Sec. 1. That the mayor of said city and the committee on 
 finance and revenue of said city "council be and they are 
 hereby authorized to have printed and engraved bonds of 
 said city to the amount of seven hundred thousand dollars, 
 which shall be styled "Galveston Waterworks, Street Im- 
 provement and Cit}' Hall Bonds," under and by virtue of 
 section 132a of the charter of the city of Galveston, as en- 
 acted by the legislature of the State of Texas and approved 
 by the governor of the State, March 29, 1887. Said bonds 
 
 shall be payable forty years after their issue, to or 
 
 bearer, at the ofifice of the treasurer of said city ; shall bear 
 interest at the rate of five per cent, per annum, and have 
 attached thereto semi-annual coupons, payable in the city 
 of New York, or at the office of the city treasurer of said 
 city, at the option of the holder or holders of said bonds, 
 on the first day of January and the first day of July of each 
 year. The said bonds shall be issued under the seal of said 
 city in denominations of one hundred dollars, or multiples 
 thereof; shall be signed by the mayor and • countersigned 
 by the treasurer of said city ; shall be numbered consecu- 
 tively from number one upwards, as issued; and shall be 
 registered by the city clerk in a book to be kept specially 
 for that purpose. 
 
 Sec. 2. The said city hereby reserves the right to re- 
 deem at par the said bonds, or any of them, at any time 
 after twenty years from the dates of their respective is- 
 sues, upon giving notice by advertisement in the official 
 paper of said city, or m any daily paper published in said 
 city, for thirty consecutive days (exclusive of the days upon 
 which the paper is not published), and upon a day to be 
 
 25:^
 
 Chap. IV. Appendix. 
 
 therein named, it will redeem at par, upon presentation at 
 the office of said treasurer, the bonds described in such ad- 
 vertisement. The said notice shall be signed by said treas- 
 urer, and shall give the number, date and amount of each 
 bond so to be redeemed. The bonds authorized by this or- 
 dinance shall be redeemed in the order in which they were 
 issued— that is to say, the bonds bearing the earliest date, 
 or being first issued, shall be first redeemed ; and any bond 
 so advertised for and designated as aforesaid, and not being 
 presented for redemption upon the day named in said no- 
 tice, shall cease to bear interest from and after such day. 
 
 Sec. 3. To provide for the payment of interest on said 
 bonds, and to create a sinking fund for the redemption of 
 same, there is hereby levied, set apart and specially a])- 
 propriated an annual ad valorem tax on all property, real, 
 personal and mixed, within said city of Galveston, not ex- 
 empt from taxation by the Constitution and laws of the State, 
 of and at the rate of one-third of one per cent, on the one 
 hundred dollars valuation of said property, for each and every 
 ten thousand dollars of such bonds issued, such tax to be 
 assessed and collected annually, until the principal and in- 
 terest of said bonds are fully paid up and discharged; and if 
 at any time such tax shall be found insufficient to yield for 
 the payment of said interest and sinking fund. annualh% a 
 sum equal to seven per cent, of all bonds issued, it shall be 
 the duty of said city council to set apart and appropriate such 
 additional amount and sum of the general revenues as may 
 be necessary and sufficient to supply such deficiency. 
 
 Sec. 4. It shall be the duty of the city treasurer to place 
 all moneys collected and received from the ad valorem tax 
 and general revenue, mentioned in the foregoing section, to 
 the credit of the interest and sinking fund of said bonds, 
 and shall divide said revenue between said interest and sink- 
 ing fund as follows, to-wit : Five-sevenths of said revenue 
 to the credit of the interest fund, and two-sevenths thereof 
 to the credit of the sinking fund. 
 
 Sec. 5. The said city council shall cause the said sinking 
 fund, and all accretions thereof, to be invested in the bonds 
 hereby authorized to be issued, in Galveston city bonds, in 
 
 254
 
 Appendix. Chap. V. 
 
 bonds of the State of Texas, or in bonds of the United States, 
 as they may from time to time determnie, upon the accumu- 
 lation of each two thousand dollars of said fund. 
 
 Sec. 6. The said interest and sinking fund are hereby 
 made special funds for the special purposes herein named, 
 and shall be disbursable only for the purposes for which they 
 are respectively created ; and any officer of said city, mis- 
 applying said funds, shall be punished as prescribed in the 
 thirty-first section of the charter of the city. 
 
 Sec. T. Th.e mayor of said city and said committee on 
 finance and revenue of said city council are hereby empow- 
 ered to negotiate and sell the bonds authorized by this ordi- 
 nance ; provided, however, that none of said bonds shall be 
 issued at less than par, nor the proceeds of the same be 
 used for any other purpose than those prescribed by sec- 
 tion 132a of the city charter as amended and approved ]\Iarch 
 29, 1887. 
 
 Sec. 8. That the treasurer of said city shall, during the 
 months of June and December of each year, not later than 
 the 20th of each of such months, transmit a sufBciency of 
 money in said interest fund to such national or other bank 
 or trust company as may be selected by said city council 
 for the purpose of paying the interest on such of said bonds 
 in the city of New York, as the holders thereof may desire, 
 and in such manner as the mayor and committee on finance 
 and revenue may direct. 
 
 Sec. 0. That it shall be the duty of the city clerk to note 
 upon the face of each bond, as well as on the registry of 
 same, the purpose for which said bonds were issued, to-wit : 
 "For Waterworks," ''For Street Improvement," or "For City 
 Hall," as the case may be. 
 
 [Approved October 4, 1887. 
 
 CHAPTER V. 
 
 GALVESTON FORTY-YEAR LIMITED DEBT BONDS OF 1 89 1. 
 
 Section 1. That the mayor of said city and the com- 
 mittee on finance and revenue of said city council be and 
 they are hereby authorized, empowered and instructed to 
 have engraved and printed bonds of the city of Galveston 
 
 255
 
 Chap. V. Appendix. 
 
 to the amount of $1,2-1:0,000, under and by virtue of section 
 132c of the charter of the said city of Galveston, as amended 
 and passed by the twenty-second legislature of the State of 
 Texas, at its regular session, in the year 1891, which bonds 
 shall be styled city of Galveston 5 per cent. 40-years limited 
 debt bonds, of 1891. Said bonds shall be payable, forty 
 years after the date of their issue, to bearer, at any place or 
 places in the city of New York that may be designated by 
 said city council, or at the office of the treasurer of the said 
 city of Galveston, in the city of Galveston, at the option 
 of the holder or holders of said bonds ; shall bear interest 
 at the rate of 5 per cent, per annum, and shall have attached 
 thereto semi-annual coupons, payable in the city of New 
 York or in the city of Galveston, as aforesaid, at the op- 
 tion of the holder or holders thereof, on the first day of Jan- 
 uary and the first day of July of each year : shall be issued 
 under the seal of said city of Galveston, in denominations 
 of $100 or multiples thereof ; shall be signed by the mayor 
 and countersigned by the city clerk and treasurer of said 
 city; shall be numbered consecutively from one upwards as 
 issued, and shall be registered by the city clerk of said city 
 of Galveston and by the comptroller of the State of Texas, 
 in books to be kept by said officers respectively for that 
 purpose. 
 
 Sec. 3. The proceeds of the bonds, the issuance and sale 
 of which are provided for in this ordinance, shall be used 
 and expended as follows : 
 
 Two hundred thousand dollars shall be used in defraying 
 the city's portion of the cost of filling, grading and paving 
 its streets; provided, that not more than $100,000 shall be 
 expended on such work in any one year from this fund, or 
 from the proceeds of the issue of bonds authorized by this or- 
 dinance. 
 
 Forty thousand dollars shall be used and expended for 
 filling streets and such property as the city may own, and 
 which the city council may designate to be filled or raised ; 
 the expenditures out of this fund not to exceed in any one 
 year $20,000. 
 
 256
 
 Appendix. Chap. V. 
 
 Fifty thousand dollars shall be employed and expended in 
 the erection of public school houses in said city, under the 
 direction and upon the requisition of its board of school trus- 
 tees. 
 
 Fifty thousand dollars shall be and constitute a special 
 fund to be used and expended by the city council in abat- 
 ing nuisances on private property and for filling, grading 
 and paving or otherwise improving alleys or sidewalks in 
 said city, in all cases where the parties chargeable with the 
 abatement of such nuisance or with such filling, grading and 
 paving or other improvements shall fail or refuse to abate 
 the one or perform the other, and any expenditure from this 
 fund shall be a lien and recoverable by assessment on the 
 property in respect of and concerning which they shall be 
 made, and when so recovered they shall be and remain a 
 portion of such special fund. 
 
 Nine hundred thousand dollars shall be employed and ex- 
 pended by the city council for and in the procurement of an 
 adequate supply of fresh water for said city, and in and 
 for the erection of an efificient system of sewerage and drain- 
 age, including crematories for garbage, if found desirable, 
 and for the city's share of the cost of filling, grading and 
 paving its streets, under the following provisions : The city 
 council shall, on or before January 1, 1892, apportion said 
 $900,000 as follows: 
 
 First. So much of said sum as to said council may ap- 
 pear necessary, shall be set aside for the procurement of 
 said water supply to be owned by the city or furnished un- 
 der contracts that may be entered into by the city with 
 responsible parties. 
 
 Second. So much of the remainder of said sum, if any, 
 as to the city council may seem necessary, shall be set aside 
 for sewerage and drainage purposes aforesaid ; and, thirdly, 
 the residue, if any, after a water supply and system of sew- 
 erage and drainage shall have been provided for as above 
 contemplated, shall be set aside to defray the city's share 
 of the cost of filling, grading and paving its streets, when 
 the special fund of $200,000 aforesaid shall have been ex- 
 pended. 
 
 257
 
 Chap. V. Appendix. 
 
 Sec. 3. The city of Galveston hereby reserves the right 
 to redeem at par the said bonds, or any of them, at any time 
 after twenty years from the date of their respective issues, 
 upon giving notice by advertisement in the official paper 
 of said city of Galveston, or in any daily paper published in 
 said city, and in some daily paper published in the city of 
 New York, for thirty consecutive days (exclusive of the 
 days upon which the paper is not published), that upon a day 
 to be therein named, the said city will redeem at par, upon 
 presentation at such place in the city of New York, to be 
 therein named, as may have been designated by the said city 
 council, or at the office of the treasurer of the city of Gal- 
 veston, in the said city of Galveston, the bonds described in 
 such advertisement. The said notice shall be signed by said 
 treasurer, and shall give the number, date and amount of 
 each bond to be so redeemed. The bonds authorized by 
 this ordinance shall be redeemed in the order in which they 
 were issud ; that is to say, those bearing the earliest date, or 
 being the first issued, shall be first redeemed ; and any bond 
 so advertised for and designated as aforesaid, and not pre- 
 sented for redemption upon the date named in said notice, 
 shall cease to bear interest from and after such day. 
 
 Sec. 4. To provide for the payment of interest of said 
 bonds and to create a sinking fund for their redemption, there 
 is hereby levied, set apart and specially appropriated an annual 
 ad valorem tax on all propert}^ real, personal and mixed, 
 within the said city of Galveston, not exempt from taxation 
 by the Constitution and laws of the State, of thirty-one 
 one-hundredths of one cent on every $100 valuation of said 
 property, for each and every $10,000 of such bonds as may 
 be issued; such tax, or as much thereof as may be necessary 
 for said purposes, to be assessed and collected annually, 
 commencing with the year 1892, until the principal and in- 
 terest of said bonds are fully paid and discharged; and if at 
 any time such tax shall be found not to yield, for the pay- 
 ment of said interest and for said sinking fund, annually, a 
 sum equal to seven per cent, of all bonds then issued, it 
 shall be the duty of said city council to set apart and ap- 
 propriate such additional amount out of the general revenue 
 
 258
 
 Appendix. Chap. V. 
 
 as may be necessary or sufficient to supply such deficiency; 
 provided, however, tliat the fund sufficient to pay the in- 
 terest upon and to create a sinking fund necessary to meet 
 the bonds appropriated under section 133c of the charter 
 for the erection of public school houses, shall be annually 
 reserved out of the taxes levied and collected for school pur- 
 poses until the fund thus reserved shall be sufficient to pay 
 and discharge the principal and interest of such bonds. 
 
 Sec. 5. It shall be the duty of the city treasurer to place 
 all moneys collected and received from the ad valorem tax, 
 the school tax and the general revenue mentioned in the 
 foregoing section, to the credit of the interest and the sink- 
 ing fund of said bonds, and shall divide said revenue between 
 said interest and said sinking fund, as follows : Five-sev- 
 enths of said revenue shall be set apart to the credit of the 
 interest fund, and two-sevenths to credit of the sinking fund. 
 
 Sec. 6. The said city council shall cause the said sink- 
 ing fund, and all accretions thereof, to be -invested in the 
 bonds hereby authorized to be issued, in other Galveston city 
 bonds, in bonds of the State of Texas, or in bonds of the 
 United States, as they may, from time to time, determine, 
 upon the accumulation of each $2,000 of said fund. 
 
 Sec. 7. The said interest and th-e sinking iu^d are hereby 
 made special funds for the special purposes herein named, 
 and shall be disbursable only for the purposes for which 
 they are respect>vely created; and any officer of said city 
 misapplying said funds shall be punished as prescribed in 
 section 31 of the charter of the city; which section pro- 
 vides that any officer of the city who misapplies any special 
 fund shall be deemed guilty of malfeasance in office, and 
 shall, on complaint of any person interested in the special fund 
 so misapplied, and on conviction thereof, be removed and be 
 incapable thereafter of holding office under said city, and 
 Rhall, on conviction before any court of competent authority, 
 he fined in a sum not exceeding $5,000, and be imprisoned 
 Mot exceeding six months. 
 
 Sec. 8. The mayor of the said city of Galveston and the 
 <:ommittee on finance and revenue of said city council are 
 "hereby named and designated as the parties to negotiate 
 
 259
 
 Appendix. Chap. VI. 
 
 and to make sales of the bonds authorized by this ordinance 
 to be issued, in such amounts as the said city council may 
 by resolution from time to time authorize and direct; pro- 
 vided, however, that none of said bonds shall be sold at less 
 than par, nor the proceeds of the same be used for any other 
 purposes than those prescribed by section 132c of the city 
 charter as amended and passed by the twenty-second legis- 
 lature at its regular session in 1891, and by section 2 of 
 this ordinance. 
 
 Sec. !'. The treasurer of the city of Galveston shall, dur- 
 ing the months of June and December of each year, and not 
 later than the 20th day of each of said months, transmit a 
 sufficiency of money out of said interest fund to such na- 
 tional or other bank, or to such trust company in the city 
 of New York, as may be selected or designated by said city 
 council, for the purpose of paying the interest on such of 
 said bonds in the said city of New York as the holders may 
 desire to be there paid ; and in such manner as the mayor 
 and the committee on finance and revenue mav direct. 
 
 CHAPTER VI. 
 
 GENERAL INDEBTEDNESS FUNDING BONDS OF 1 895. 
 
 Section 1. That the mayor and the committee on finance 
 and revenue of the city council of tliis city be and they are 
 hereby authorized and instructed to have, engraved bonds 
 of the city of Galveston to the amount of two hundred thou- 
 sand dollars ($200,000), which shall be styled "General In- 
 debtedness Funding Bonds of 1895 of the city of Galveston." 
 These bonds are issued under and by authority of section 
 132d of the charter of this city. Said bonds shall be pay- 
 able twenty years after their date of issuance at the office 
 of the treasurer of this city, or, at the option of the holder 
 thereof, at the fiscal agency of the city of Galveston in the 
 city and state of New York, shall bear interest at the rate 
 of five per cent, per annum, payable semi-annually, and 
 shall have attached forty coupons, each of which shall be 
 for twenty-five dollars, and shall represent the interest due 
 for six months on the bond to which it is attached. Said 
 
 260
 
 Appendix. Chap. VI. 
 
 coupons shall be payable at the office of the treasurer of 
 this city, or, at the option of the holder thereof, at the fiscal 
 agency of the city of Galveston in the city and state of New 
 York. They shall be issued under the seal of the city, 
 signed by the mayor and countersigned by the city clerk. 
 Each bond shall be of the denomination of one-thousand dol- 
 lars, and the bonds shall be numbered consecutively from one 
 to two hundred, inclusive ; they shall be sold for cash, and 
 at not less than par ; they shall be registered by the city 
 clerk in a bond registered to be kept for that purpose, and 
 it shall be the duty of the mayor, as soon as they shall have 
 been engraved and a contract made for their sale, to for- 
 ward them to the city of Austin for registration by the comp- 
 troller of this state, as required by the general law. 
 
 Sec. 2. The city, however, hereby specially reserves the 
 right to redeem any or all of said bonds at any time or times, 
 from and after ten ^-ears from their date of issue, upon 
 nrst giving notice of its purpose and intent so to redeem in 
 a daily newspaper published in the city of Galveston, and 
 in a daily newspaper published in the city of New York, 
 for thirty consecutive days, in which notice it shall be de- 
 clared that upon a day therein named it will redeem at par, 
 upon presentation at the office of its treasurer, or, at the 
 option of the holder thereof, at the fiscal agency of the city 
 of Galveston in the city and state of New York, the bonds 
 described in such advertisement. Said notice shall be signed 
 by the mayor and treasurer of the city, and shall specify 
 the number of the bond or bonds to be redeemed. In case 
 of any redemption before the bonds shall mature, then the 
 bonds shall be redeemed in the order of their issue ; that 
 is to say, bond number one shall be redeemed before bond 
 number two, and so on ; any bond so called and advertised 
 for redemption as hereinbefore provided, and not prese::ted 
 for redemption on the day and date so designated for pay- 
 ment, shall cease to bear interest from and after such date. 
 
 Sec. 3. To provide for the payment of interest on said 
 bonds, and to create a sinking fund for the redemption of the 
 same, there is hereby levied and set apart, and specially ap- 
 propriated, an annual ad valorem tax on all property, real, 
 21- 261
 
 Chap. VII. Appendix. 
 
 personal and mixed, within the city of Galveston, and not 
 exempt from taxation by the constitution and laws of the 
 State of Texas, of, and at the rate of, 8 cents on the hun- 
 dred dollars on all of said property; and there is hereby ap- 
 propriated and set apart sixty-six and two-thirds (66 2-^) per 
 cent of all such taxes past due, January ist, 1894, and now 
 unpaid, to create a fund for the redemption of said bonds, 
 and said fund is hereby declared a special fund, to be held 
 and applied only to the payment of said bonds until all of 
 them are paid. 
 
 Sec. 4. Said interest and sinking fund, as well as the propor- 
 tion of delinquent or back taxes hereinbefore set aside and ap- 
 propriated, are hereby declared and created special funds ; and 
 they shall be disbursable only for the purposes herein stated ; 
 and any ofificer of the city misapplying or using said funds 
 otherwise than as herein provided shall be puiiished as 
 prescribed in the thirty-first section of the charter of this 
 city. 
 
 Sec. 5. The mayor and committee on finance and reve- 
 nue of the city council are hereby empowered to sell said 
 bonds; provided, however, that none of said bonds shall be 
 sold for less than par or except for cash. 
 
 [Approved November 12, 1895. 
 
 CHAPTER VII. 
 
 FORTY-YEAR WATER WORKS BONDS OF 1 896. 
 
 Section 1. That the mayor of said city and the committee 
 on finance and revenue of the city council of this city, be, 
 and they are, hereby authorized and instructed to have printed 
 and engraved, bonds of the city of Galveston, to the amount 
 of one hundred thousand dollars ($100,000), which shall be 
 styled "Forty Year Water Works Bonds of 1896 of the City 
 of Galveston." These bonds are issued under and by au- 
 thority of section 132d of the charter of the city of Galves- 
 ton, as enacted by the Twenty-fourth legislature of the State 
 of Texas, at its regular session, in April, 1895. Said bonds 
 shall be payable forty years after the respective dates of 
 their issuance, to bearer at the office of the treasurer of this 
 city, or at the option of the holder thereof, at the fiscal 
 
 262
 
 Appendix. Chap. VII. 
 
 agency of the city of Galveston, in the city and State of 
 New York, and shall bear interest at the rate of five (5) per 
 centum per annum, payable semi-annually; and shall have 
 attached thereto eighty coupons, each of which shall rep- 
 resent the interest due for six months on the bond to which 
 it is attached. Said coupons shall be payable at the office 
 of the treasurer of this city, or, at the option of the holder 
 thereof, at the fiscal agency of the city of Galveston, in the 
 city and State of New York. Said bonds shall be issued 
 under the seal of the city, signed by the mayor and coun- 
 tersigned by the city clerk. Each bond shall be for the sum 
 of one thousand dollars ($1,000) ; and the bonds shall be 
 numbered consecutively from "1" to "100" inclusive; they 
 shall be sold as needed, for cash, and at not less than par. 
 They shall be registered by the city clerk in a bond registry 
 book kept for that purpose, and it shall be the duty of the 
 mayor as soon as they shall have been engraved and a con- 
 tract made for their sale, or for the sale of such portion 
 of them as may be needed, to forward them to the city of 
 Austin for registration by the comptroller of this state, as 
 required by the registration law. 
 
 Sec. 3. The city, however, hereby specially reserves the 
 right to redeem at par, any or all of said bonds, at any 
 time or times, from and after twenty years from the dates of 
 their respective issuance — upon first giving notice of its pur- 
 pose and intent to so redeem in a daily newspaper published in 
 the city of Galveston and a daily newspaper published in 
 the city of New York, for thirty consecutive days. In which 
 notices it shall be stipulated, that upon a day therein named, 
 it will redeem at par upon presentation, at the office 
 of its treasurer, or, at the option of the holder thereof, at 
 the fiscal agency of the city of Galveston, in the city and 
 state of New York, the bonds described in such advertise- 
 ment. Said notices shall be signed by the mayor and the 
 clerk of the city, and shall specify the number of the bond 
 or bonds, to be redeemed. In case of any redemption be- 
 fore the bonds shall mature, then the bonds shall be re- 
 deemed in the order of their issuance ; that is to say, bond 
 No. 1 shall be redeemed before No. 2, and so on. Any bond 
 
 263
 
 Chap. VIII. Appendix. 
 
 so called and advertised for redemption as hereinbefore pro- 
 vided, and not presented for redemption on the day and date 
 so designated for payment, shall cease to bear interest from 
 and after such date. 
 
 Sec. ;!. To provide for payment of interest on said bonds, 
 and to create a sinking fund for the redemption of same, 
 there is hereby levied and set apart and specially appro- 
 propriated an ad valorem tax on all property, real, personal 
 and mixed within the said city of Galveston, not exempt from 
 taxation by the constitution and laws of the State of Texas — 
 of and at the rate of three and six-tenths (3 6-10) cents on 
 the one hundred dollars valuation of all of said property; 
 such tax to be assessed and collected annually, until the prin- 
 cipal and interest of said bonds are fully paid up and dis- 
 charged. 
 
 Sec. 4. Said interest and sinking fund hereinbefore set 
 aside and appropriated, are hereby declared special funds : 
 and they shall be disbursable only for the purposes herein 
 stated. And any officer of the city misapplying or using 
 said funds otherwise than as herein provided, shall be pun- 
 ished as described in the 31st section of the charter of this 
 city. 
 
 Sec. 5. The mayor of said city and committee on finance 
 and revenue of said city council are hereby empowered to 
 negotiate and sell said bonds, as and when needed ; provided, 
 however, that none of said bonds shall be sold for less than 
 par, or except for cash. And provided that the proceeds 
 of the sale of said bonds shall not be used for any other 
 purposes than those prescribed by said section 132d of the 
 charter of this city, as amended by the Twenty-fourth legis- 
 lature in April, 1895. 
 
 Passed under suspension of the rules at a called meeting 
 of the city council held March 7, 1896. 
 
 [Approved March 8, 1896. 
 
 CHAPTER VIII. 
 
 PUBLIC SCHOOL HOUSE BONDS. 
 
 Section 1. The mayor of said city and the committee on 
 finance and revenue of the city council of said city be, and 
 
 264
 
 Appendix. Chap. VIIT. 
 
 they are liereby authorized and instructed to have printed 
 and engraved bonds of the City of Galveston to the amount 
 of fifty thousand dollars ($50,000). which shall be styled 
 "Public School House Bonds" of the City of Galveston. 
 These bonds are issued under and by authority of section 132d 
 of the charter of the City of Galveston as enacted and amended 
 by the Twent3'-fourth legislature of the State of Texas at 
 its regular session in April, 1895 ; said bonds shall be paya- 
 ble forty years after the respective dates of their issuance 
 to bearer, at the ofifice of the treasurer of this city, or, at 
 the option of the holder thereof, at the fiscal agency of the 
 City of Galveston in the City and State of New York, and 
 shall bear interest at the rate of five (5) per centum per 
 annum, payable semi-annually, and shall have attached thereto 
 eighty coupons, each of which shall represent the interest 
 on the bond to which it is attached ; said bonds shall be paya- 
 ble at the office of the treasurer of this city, or, at the option 
 of the holder thereof, at the fiscal agency of the City of Gal- 
 veston in said City and State of New York. Said bonds 
 shall be issued under the seal of the city, to be signed by 
 the mayor and countersigned by the city clerk. Each bond 
 shall be of the denomination of one thousand dollars ($1,000), 
 or some multiple thereof, and the bonds shall be numbered 
 consecutively from one (1) to fifty (50) inclusive; they shall 
 be registered by the city clerk in a bond register book kept 
 for that purpose, and it shall be the duty of the maypr, as 
 soon as they shall have been engraved and a contract made 
 for their sale or for the sale of such of them as may be 
 needed, to forward them to the City of Austin for registra- 
 tion by the comptroller of the State of Texas, as required by 
 the registration law. 
 
 Sec. 2. The city, however, hereby especially reserves the 
 right to redeem, at par, any or all of said bonds, at any time 
 or times, from and after twenty years from the dates of 
 their respective issuance — upon first giving notice of its pur- 
 pose and intent to so redeem in a daily newspaper pub- 
 lished in the City of Galveston, and a daily newspaper pub- 
 lished in the City of New York, for thirty consecutive days ; 
 in which said notices it shall be stipulated that, upon a day 
 
 265
 
 Chap. VIII. Appendix. 
 
 therein named, said city will redeem, at par, upon presenta- 
 tion at the office of its treasurer, or, at the option of the 
 holder thereof, at the fiscal agency of the City of Galveston 
 in the City and State of New York, the bonds described 
 in such advertisement. Saiu notices shall be signed by the 
 mayor and clerk of said city, and shall specify the number 
 of the bond or bonds to be redeemed. In case of any re- 
 demption before the bonds shall mature, then the bonds shall 
 be redeemed in the order of their issuance — that is to say. 
 bond numbered one shall be redeemed before bond numbered 
 two, and so on. Any bond so called and advertised for re- 
 demption as hereinbefore provided, and not presented for 
 redemption on the day and date so designated for payment, 
 shall cease to bear interest from and after such date. 
 
 Sec. 3. To provide for the payment of interest on said 
 bonds and to create a sinking fund for the redemption of the 
 same, there is hereby levied and set apart and specially ap- 
 propriated an annual ad valorem tax on all property, real, 
 personal and mixed, within the said City ot Galveston, and 
 not exempt from taxation under the Constitution and laws 
 of the State of Texas, of and at the rate of one and two- 
 thirds cents (1 2-3c) on the one hundred dollars valuation 
 of all of said property. Said tax to be assessed and collected 
 annually until the principal and interest of said bonds are 
 fully paid up and discharged. 
 
 Sec. 4. The interest and sinking fund hereby set aside 
 and appropriated are hereb}^ declared a special fund, and 
 shall be disbursable only for the purposes herein stated ; 
 and any officer of the City of Galveston misappropriating 
 or using said funds other than as herein provided, shall 
 be punished as prescribed in section 31 of the charter of 
 the City of Galveston. 
 
 Sec. o. The mayor of the city and the committee on finance 
 and revenue of the city council are hereb}^ empowered to 
 negotiate and sell said bonds as and when needed ; provided, 
 however, that none of said bonds shall be sold for less than 
 par or except for cash ; and provided further, that the pro- 
 ceeds of the sale of said bonds shall not be used for any other 
 purposes than those prescribed by said section 135d of the 
 
 266
 
 Appendix. Chap. IX. 
 
 charter of this city, as amended by the Twenty-fourth legis- 
 lature of the State of Texas in April, 1895 ; and provided fur- 
 ther, that the proceeds of said bonds shall only be used 
 and expended for the erection and improvement of the pub- 
 lic school houses of said city, under the direction and upon 
 the requisition of its Board of School Trustees. 
 
 Sec. (i. That this ordinance shall take effect and be in 
 operation from and after the date of its passage. 
 
 Passed under a suspension of the rules at an adjourned 
 regular meeting of the city council held June 8, 1897. 
 
 CHAPTER IX. 
 
 GENERAL INDEBTEDNESS FUNDING BONDS OF 1 89 7. 
 
 Sectiox 1. That the mayor of said City and the committee 
 on Finance and Revenue of the City Council of said City be, 
 and they are, hereby authorized and instructed to have printed 
 and engraved bonds of the City of Galveston to the amount of 
 two hundred thousand dollars ($200,000.00). which shall be 
 styled "General Indebtedness Funding Bonds of 1897 of the 
 City of Galveston."' These bonds are issued under and bv 
 authority of section 13'2d of the Charter of the City of Gal- 
 v^eston. as enacted and amended by the 25th legislature of 
 the State of Texas, at its regular session on May 19, 1897. 
 Said bonds shall be payable forty (40) years after the re- 
 spective dates of their issuance to bearer at the ofifice of the 
 Treasurer of this City, or, at the option of the holder thereof, 
 at the fiscal agency of the Cit}' of Galveston in the City and 
 State of New York ; shall bear interest at the rate of five 
 per centum per annum, Davable semi-arnually. and shall' 
 fiave attached thereto eight}^ (80) coupons, each of which 
 shall represent the interest due for six months on the bond 
 to which it is attached. Said coupons shall be payable at 
 the office of the Treasurer of this City, or, at the option of 
 the holder thereof, at the fiscal agency of the City of Gal- 
 veston, in said City and State of New York. Said bonds 
 shall be issued under the seal of the City, be signed by the 
 Mayor and countersigned by the City Clerk. Each bond 
 shall be of such denomination as the ^layor mav deem proper; 
 
 267
 
 Chap- IX. Appendix. 
 
 and the bonds to be numb'ered consecutively from one to two 
 hundred, mckisive. They shall be registered by the City 
 Clerk in a Bond Register Book kept for that purpose, and 
 it shall be the duty of the Mayor, as soon as they shall have 
 been engraved and a contract made for their sale, or for 
 the sale of such portion of them as may be needed, to for- 
 ward them to the City of Austin for registijation by the 
 Comptroller of this State as required by the registration laws. 
 
 Sec. 2. The City, however, specially reserves the right to 
 redeem at par any or all of said bonds, at any time or times, 
 from and after twenty years from the dates of their respect- 
 ive issuance, upon first giving notice of its purpose and in- 
 tent to so redeem in a daily newspaper published in the City 
 of Galveston, and a dail}' ncAvspaper published in the City 
 of New York, for thirty (30) consecutive days ; in which 
 notices it shall be stipulated that upon a day therein named 
 the said City will redeem at par, upon presentation at the 
 office of its Treasurer, or, at the option of the holder thereof, 
 at the fiscal agency of the City of Galveston in the City and 
 State of New York, the bonds described in such advertise- 
 ment. Said notice shall be signed by the Mayor and Clerk 
 of said City, and shall specify the numbers of the bond or 
 bonds to be redeemed. In case of any redemption before the 
 bonds shall mature, then the bonds shall be redeemed in 
 the order of their issuance — that is to say, bond numbered one 
 (1) shall be redeemed before bond numbered (2), and so on. 
 Any bond so called and advertised for redemption as herein- 
 before provided, and not presented for redemption on the 
 day and date so designated for payment, shall cease to bear 
 interest from and after such date. 
 
 Sec. 3. To provide for the payment of the interest on 
 said bonds, and to create a sinking fund for the redemption 
 of the same, there is hereby levied and set apart and specially 
 appropriated an annual ad valorem tax on all property — real, 
 personal and mixed— within the said City of Galveston, and 
 not exempt from taxation under the Constitution and laws of 
 the State of Texas, of and at the rate of six and two-thirds 
 cents on the one hundred dollars valuation of all of said prop- 
 erty. Such tax to be assessed and collected annually, until 
 
 268
 
 Appendix. Chap. X. 
 
 the principal and interest of said bonds are fully paid up 
 and discharged. 
 
 Sec. i. Said interest and sinking fund hereinbefore set 
 aside and appropriated are hereby declared and created a 
 special fund, and they shall be disbursable only for the pur- 
 poses herein stated, and any ofificer of the City misappro- 
 priating or using said funds otherwise than as herein pro- 
 vided shall be punished as prescribed in section 31 of the 
 Charter of this City. 
 
 Sec. 5. The mayor of said City and the Committee on 
 Finance and Revenue of said City Council are hereby em- 
 powered to negotiate and sell said bonds as and when needed, 
 provided, however, none of said bonds shall be sold for 
 less than par or except for cash ; and provided further, that 
 the net proceeds of the sale of said bonds shall not be used 
 for any other purposes than those prescribed by section 132d 
 of the Charter of this City, as amended by the 25th legis- 
 lature of the State of Texas on May 19, 1897. 
 
 Sec. G. That this ordinance shall take effect and be in 
 operation from and after the date of its passage. 
 
 Passed Under a suspension of the rules at regular meeting 
 of the City Council held September 7, 1897. 
 
 [Approved Septembers, 1897. 
 
 CHAPTER X. 
 
 SEWERAGE BONDS OF THE CITY OF GALVESTON. 
 
 Section 1. That the mayor of said City and the committee 
 on Finance and Revenue of the City Council of said City be. 
 and they are, hereby authorized and instructed to have printed 
 and engraved bonds of the City of Galveston to the amount 
 of three hundred thousand ($300,000.00) dollars, which shall 
 be styled "Sewerage Bonds of the City of Galveston." These 
 bonds are issued under and by authority of section 132d of the 
 Charter of the City of Galveston, as enacted by the 25th Legis- 
 lature of the State of Texas, at its regular session on l\lay 19, 
 1897. Said bonds shall be payable forty years after the 
 respective dates of their issuance, to bearer, at the office of 
 the Treasurer of the said City of Galveston, or, at the option 
 of the holder thereof, at the fiscal agency of the City of Gal- 
 
 269
 
 Chap. X. Appendix. 
 
 veston in the City and State of New York; shall bear inter- 
 est at the rate of five per centum per annum, payable semi- 
 annually, and shall have attached thereto eighty coupons, 
 each of which shall represent the interest due for six months 
 on the bond to which it is attached; said coupons shall be 
 payable at the ofhce of the Treasurer of said City, or, at the 
 option of the holder thereof, at the fiscal agency of the City 
 of Galveston in the City and State of New York. Said bonds 
 shall be issued under the seal of the City, signed by the 
 Mayor and countersigned by the City Clerk. Each bond 
 shall be for the sum of one thousand ($1,000.00) dollars, 
 and the bonds shall be numbered consecutively from one 
 to three hundred, inclusive. They shall be sold as needed — 
 for cash and at not less than par. They shall be registered 
 by the City Clerk in a bond registry book kept for that pur- 
 pose and it shall be the duty of the Mayor, as soon as 
 said bonds shall have been issued, and before such bonds are 
 offered for sale, or before the sale of said portion of them 
 as may be needed, to forward the same to the Comptroller 
 of the State of Texas, for registration by the Comptroller 
 of said State, after approval by the Attorney General, as 
 required by the registration law of the State of Texas. 
 
 Sec. 2. The City, however, specially reserves the right 
 to redeem at par any or all of said bonds at any time or times 
 from and after twenty years from the dates of their respective 
 issuance, upon first giving notices of its purpose and in- 
 tent to so redeem in a daily newspaper published in the City 
 of Galveston, and a daily newspaper published in the City 
 of New York, for thirty consecutive days, in which no- 
 tices it shall be stipulated that upon a day therein named 
 it will redeem at par, upon presentation at the office of its 
 Treasurer, or, at the option of the holder thereof, at the fiscal 
 agency of the City of Galveston in the City and State of 
 New York, the bonds described in such advertisement. Said 
 notices shall be signed by the Treasurer of the City and shall 
 specify the number of the bond or bonds to be redeemed. In 
 case of no redemption before the bonds shall mature, then 
 the bonds shall be redeemed in the order of their issuance 
 — that is to say, bond number one shall be redeemed before 
 
 270
 
 Appendix. Chap. X. 
 
 bond number two, and so on. Any bond so called and ad- 
 vertised for redemption, as hereinbefore provided, and not 
 presented for redemption on the day and date so designated 
 for payment, shall cease to bear interest from and after such 
 date. 
 
 Sec. 3. To provide for the payment of interest on said 
 bonds, and to create a sinking fund of two and one-half per 
 cent for the redemption of the same, there is hereby levied 
 and set apart and specially appropriated, an annual ad va- 
 lorem tax on all property — real, personal and mixed — within 
 the said City of Galveston, not exempt from taxation by 
 the Constitution and laws of the State of Texas, of and at 
 the rate of ten cents on the one hundred dollars valuation 
 of all of said property, and such tax, or so much thereof as 
 may be necessary, shall be assessed and collected annually, 
 until the principal and interest of said bonds are fully paid 
 up and discharged. 
 
 Sec. 4. Said interest and said sinking fund hereinbefore 
 set aside and appropriated, are hereby declared special funds 
 for the special purpose herein named, and they shall be 
 disbursable only for the purposes herein stated; provided, 
 however that the said sinking fund of said sewerage bonds 
 may, from time to time, as the said City Council may di- 
 rect, be invested in bonds of this series or in other bonds 
 of the said City yielding the best interest, and any officer 
 of the City misapplying or using said funds otherwise than 
 herein provided, shall be punished as described in the Thirty- 
 first section of the Charter of this City. 
 
 Sec. 5. The Mayor of said City and the Committee on 
 Finance and Revenue of said City Council are hereby au- 
 thorized and empowered to negotiate and sell the said bonds 
 as and when needed, provided, however, that none of said 
 bonds shall be sold for less than par or except for cash, and 
 provided, that the proceeds of the sale of said bonds shall not 
 be used for any other purposes than those described by said 
 Section 132d of the Charter of this City as enacted by the 
 25th Legislature on Alay 19, 1897. 
 
 Sec. 6. And this ordinance shall take effect and be in force 
 from and after the date of its passage. 
 
 •271
 
 Chap. XI. Appendix. 
 
 Passed under a suspension of the rules at a regular meet- 
 ing- of the City Council held December 6, 1897. 
 
 [Approved December 11, 1897. 
 
 CHAPTER XL 
 
 TAXES FOR 1894. 
 
 Section 1. That there is hereby levied for general pur- 
 poses, for the municipal year beginning March 1, 1894, an 
 ad valorem tax on all real, personal and mixed property within 
 the City of Galveston, not exempt from taxation by the Con- 
 stitution and laws of the State of Texas, of and at the rate 
 of sixty-eight and three-tenths (68 3-10) cents on the one 
 hundred dollars valuation of said property. The meaning of 
 the term "personal property," as used in this ordinance, is, and 
 is intended to be, the same as conveyed and defined in title 5, 
 article 6, section 84, of the City Charter, and the meaning 
 of the term "real property," as used in this ordinance is, and 
 is intended to be, the same as conveyed and defined in title 5, 
 article 5, section 83, of said Charter. 
 
 Sec. 2. That there is hereby levied for said municipal year 
 a poll tax of one dollar on each and every male person be- 
 tween the ages of twenty-one (;21) years and sixty (GO) years, 
 who has resided in the City of Galveston six months prior to 
 the first day of March, 1894. 
 
 Sec. 3. That .to provide for the interest and sinking funds 
 upon outstanding bonds of the City of Galveston, there is 
 hereby levied tor the said year, upon all property described 
 in the first section hereof, the several ad valorem taxes and 
 for account of the several bonds hereinafter specified, to-wit : 
 Forty years limited debt bonds — ordinance approved June 23, 
 1881 ; a tax of and at the rate of twenty-five and four-tenths 
 (25 4-10) cents on the one hundred dollars valuation of said 
 property. Forty years water works, street improvements and 
 city hall bonds — ordinance approved October 4, 1887 ; a tax 
 of and at the rate of six and two-tenths (6 2-10) cents on the 
 one hundred dollars valuation of said property. Bonds to 
 purchase block 321 — ordinance approved February 3, 1878 ; 
 a tax of and at the rate of three (3) cents on the one hun- 
 dred dollars valuation of said property. Fire department 
 
 272
 
 Appendix. Chap. XII. 
 
 bonds for erection of eng-ine houses ; a tax of and at the rate 
 of seven-tenths (T-IO) of one cent on the one hundred dol- 
 lars valuation of said property. Forty years limited debt 
 bonds of 1891 — ordinance approved October 8, 1891 ; a tax of 
 and at the rate of twenty-five and one-tenth (25 1-10) cents 
 on the one hundred dollars valuation of said property. 
 
 Sec. 1. That to provide a fund to meet the estimated ex- 
 penses of operating- and maintaining the John Sealy hospital, 
 there is hereby levied for said municipal year, on all prop- 
 erty described by the first section of this ordinance, a tax 
 of and at the rate of seven and four-tenths (7 1-10) cents on 
 the one hundred dollars valuation of said property. 
 
 Sec. 5. That to provide a special reserve fund as pro- 
 vided by section 29, clause 2, of the City Charter, there is 
 hereby levied for said municipal year, on all the property 
 described by the first section of this ordinance, a tax of and 
 at the rate of two and eight-tenths (2 8-10) cents on the 
 one hundred dollars valuation of said property. 
 
 Sec. 6. That, to provide a fund from which to pay, if 
 found necessary, two and one-half per cent commission on 
 forty-year limited debt bonds of 1891 when sold there is hereby 
 levied for said municipal year on all property described by 
 the first section hereof, a tax of and at the rate of eleven and 
 one-tenth (11 1-10) cents on the one hundred dollars val- 
 uation of said property. 
 
 .Sec. 7. That the taxes herein and hereby levied shall be- 
 come due and payable on September 1, 1894, and shall bear in- 
 terest at the rate of eight (8) per cent per annum from Oc- 
 tober 1, A. D. 1891, until paid. 
 
 CHAPTER XII. 
 
 TAXES FOR 1895. 
 
 That an ordinance, entitled an ordinance to levy taxes for 
 the municipal year, beginning March. 1st, 1895, be, and is 
 hereby amended, so as to read as follows : 
 
 Section 1. That there is hereby levied for general pur- 
 poses for the municipal year, beginning March 1st, 1895, an 
 ad valorem tax on all real, personal and mixed property 
 
 278
 
 Chap. XII. Appendix. 
 
 within the City of Galveston, not exempt from taxation by 
 the Constitution and laws of the State of Texas, of and at 
 the rate of forty-seven and one-quarter (4734) cents on the 
 one hundred dollars valuation of said property. The mean- 
 ing of the term "personal property," as used in this ordinance, 
 is, and is intended to be, the same as conveyed and defined in 
 title 5, article 6, section 84, of the city charter, and the meaning 
 of the term "real propert}^" as used in this ordinance, is, 
 and is intended to be, the same as conveyed and defined in title 
 5, article 5, section 83, of said Charter. 
 
 Sec. 2. That there is hereby levied for said municpal year, 
 a poll tax of one dollar on each and every male person, be- 
 tween the ages of twenty-one (21) years and sixty (60) years, 
 who has resided in the City of Galveston six months prior to 
 the first day of March, 1895. 
 
 Sec. 3. That to provide for the interest and sinking funds 
 upon outstanding bonds of the City of Galveston, there is 
 hereby levied for the said year, upon all property described 
 in the first section hereof, the several ad valorem taxes, 
 and for account of the several bonds hereinafter specified, 
 to-wit : 
 
 Forty Years Limited Debt Bonds — Ordinance approved 
 June 23d, 1881 ; a tax of, and at the rate of, twenty-seven 
 and one-fourth (27 j4) cents on the one hundred dollars val- 
 uation of said property. 
 
 Forty Years Water Works, Street Improvement and City 
 Hall Bonds — Ordinance approved October 4th, 1887 ; a tax 
 of, and at the rate of, fourteen (14) cents on the one hundred 
 dollars valuation of said- property. 
 
 Bonds to Purchase Block 321 — Ordinance approved Feb- 
 ruary 3d, 1873 ; a tax of, and at the rate of, two (2) cents on 
 the one hundred dollars valuation of said property. 
 
 Fire Department Bonds — One cent on the one hundred 
 dollars. 
 
 John Sealy Hospital — Seven cents on the one hundred 
 dollars. 
 
 Special Reserve Fund — Four and one-half cents on the one 
 hundred dollars. 
 
 274
 
 Appendix. Chap. XIII. 
 
 CHAPTER XIII. 
 
 TAXES FOR 1896. 
 
 Section 1. That there is hereby levied for general pur- 
 poses for the municipal year beginning March 1, 1896, an 
 ad valorem tax on all real, personal and mixed property within 
 the City of Galveston, not exempt from taxation by the Con- 
 stitution and laws of the State of Texas, of and at the rate 
 of sixty-three and three-fourths cents on the one hundred 
 dollars valuation of said property. The meaning of the term 
 "Personal Property," as used in this ordinance, is, and is 
 intended to be, the same as conveyed and defined in title 5, 
 article 6, section 84, of the Citv Charter: and the meaning 
 of the term "Real Property," as used in this ordinance, is. 
 and is intended to be, the same as conveyed and defined in title 
 5, article 5, section 83, of said Charter. 
 
 Sec. 2. That there is hereby levied for said municipal year, 
 a poll tax of one dollar on each and every male person be- 
 tween the ages of twenty-one (21) years and sixty (60) 
 years, who has resided in the City of Galveston six months 
 prior to the first day of March, 1896. 
 
 Sec. 3. That, to provide for the interest and sinking funds 
 upon outstanding bonds of the City of Galveston there is 
 hereby levied for the said year, upon all property described 
 in the first section hereof, the several ad valorem taxes, and 
 for account of the several bonds, hereinafter specified, to-wit: 
 Forty Years Limited Debt Bonds of 1881 ; ordinance approved 
 June 3, 1881, a tax of and at the rate of twenty-two (22) 
 cents on the one hundred dollars valuation of said property. 
 Forty Years Water Works, Street Improvements and City 
 Hall bonds; ordinance approved October 4, 1887, a tax of 
 and at the rate of fourteen and seven-tenths (14 7-10) cents 
 on the one hundred dollars valuation of said property. 
 Bonds to purchase block 321 ; ordinance approved February 
 3, 1873, a tax of and at the rate of one and sixty-five one 
 hundredths (1 65-100) cents on the one hundred dollars val- 
 uation of said property. Forty Year Limited Debt Bonds 
 of 1891; ordinance approved October 8, 1891, a tax of and at 
 the rate of thirty-one and three-tenths (31 3-10) cents on 
 the one hundred dollars valuation of said property. Twenty 
 
 275
 
 Chap. XIY. Appendix. 
 
 Year General Indebtedness Funding Bonds of 1805 ; ordinance 
 approved November 12, 1895, a tax of and at the rate of 
 five and two-tenths (5 2-10) cents on the one hundred dol- 
 lars valuation of said property. 
 
 Sec. 4. That to provide a fund to meet the estimated ex- 
 penses of operating and maintaining the John Sealy Hospital, 
 there i? hereby levied for said municipal year, on all prop- 
 erty described in the first section of this ordinance, a tax of 
 and at the rate of five and one-half (5>4) cents on the one 
 hundred dollars valuation of said property. 
 
 CHAPTER XIV. 
 
 TAXES FOR 1897. 
 
 Section 1. That there is hereby levied for general pur- 
 poses for the municipal year beginning March 1. 1897, an 
 ad valorem tax on all real, personal and mixed property within 
 the City of Galveston, not exempt from taxation by the Con- 
 stitution and laws of the State of Texas, of and at the rate 
 of fifty-four and one-half cents (54i/>c) on the one hundred 
 dollars valuation of said property. The meaning of the term 
 "personal property," as used in this ordinance, is, and is in- 
 tended to be, the same as conveyed and defined in title 5, 
 article 6, section 84, of the City Charter; and the meaning 
 of the term "real property," as used in this ordinance, is, 
 and is intended to be, the same as conveyed and defined 
 in title 5, article 5, section 83, of said City Charter. 
 
 Sec. 2. That there is hereby levied for said municipal year 
 a poll tax of one dollar ($1.00) on each and every male per- 
 son between the ages of twenty-one years and sixty years, 
 who has resided in said City of Galveston six inonths prior 
 to the first day of March, 1897. 
 
 Sec. 3. That, to provide for the interest and sinking funds 
 upon outstanding bonds of said City of Galveston, there is 
 hereby levied for the said year upon all property described 
 in the first section hereof, the several advalorem taxes and 
 for account of the several bonds hereinafter specified, to-wit : 
 
 Forty-Years Limited Debt Bonds of 1881, ordinance ap- 
 
 276
 
 Appendix. Chap. XV. 
 
 proved June 3, 1881, a tax of and at the rate of twenty cents 
 (20c) on the one hundred dollars valuation of said property. 
 
 Forty-Years \\''ater-A\'orks, Street Improvements and City 
 Hall Bonds, ordinance approved October 4, 1887, a tax of and 
 at the rate of sixteen cents (16c) on the one hundred dollars 
 valuation of said property; 
 
 Forty-Years Limited Debt Bonds of 1891, ordinance ap- 
 proved October 8, 1891, a tax of and at the rate of twenty- 
 eight cents (28c) on the one hundred dollars valuation of 
 said property; 
 
 Twenty-Years General Indebtedness Funding Bonds of 
 1895, ordinance approved November 12, 1895, a tax of and 
 at the rate of five cents (5c) on the one hundred dollars val- 
 uation of said property ; 
 
 Forty-Years Water-Works Bonds of 1896, ordinance ap- 
 proved March 7, 1896, a tax of and at the rate of one cent 
 (Ic) on the one hundred dollars valuation of said property. 
 
 Bonds to Purchase Blo'ck Three Hundred and Twenty-onfe, 
 ordinance approved February 3, 1873, a tax of and at the 
 rate of two cents (2c) on the one hundred dollars valuation o\ 
 said property. 
 
 Sec. -1. That to provide a fund to meet the estimated ex- 
 penses of operating and maintaining the John Sealy Hospital, 
 there is hereby levied for said municipal year, on all piop- 
 erty described in the first section of this ordinance, a tax of 
 and at the rate of two cents (2c) on the one hundred dollars 
 valuation of said property. 
 
 CHAPTER XV. 
 
 TAXES FOR 1898. 
 
 Section 1. That there is hereby levied for general pur- 
 poses for the municipal year beginning March 1, 1898, an ac" 
 valorem tax on all real, personal and mixed property within 
 the city of Galveston, not exempt from taxation by the con- 
 stitution and laws of the State of Texas, of and at the rate of 
 eighty-five and six-tenths cents on the one hundred dollar:; 
 valuation of said property. 
 
 22- 277
 
 Chap. XV. Appendix. 
 
 Sec. 2. That there is hereby levied for said municipal year 
 a poll tax of one dollar on each and every male person between 
 the ages of 21 and GO years, who has resided in the city of 
 Galveston six months prior to the first day of March, 1898. 
 
 Sec. 3. To provide for the interest and sinking funds upon 
 outstanding bonds of the city of Galveston, there is hereby 
 levied for the said year upon all property described in the 
 first section hereof, the several ad valorem taxes and for ac- 
 count of the several bonds hereinafter specified, to-wit : 
 
 Forty year limited debt bonds of 1881 ; ordinance approved 
 June 3, 1881, a tax of and at the rate of seventeen (17) cents 
 on the one hundred dollars' valuation of said property. 
 
 Forty-year water works, street improvement and city hall 
 bonds, ordinance approved October 4, 1887, a tax of and at 
 the rate of twelve and seven-tenths (12 7-10) cents on the one 
 hundred dollars' valuation of said property. 
 
 Bonds to purchase block three hundred and twenty-one 
 (321), ordinance approved February .'). 1873, a tax of and at 
 the rate of two and two-tenths (2 2-10) cents on the one hun- 
 dred dollars' valuation of said property. 
 
 Forty-year limited debt bonds of 18!»1, ordinance approved 
 October 8, 1891, a tax of and at the rate of twenty-six and 
 one-half (263^) cents on the one hundred dollars' valuation 
 of said property. 
 
 Twenty-year general indebtedness funding bonds of 1895, 
 ordinance approved November 12, 1895. a tax of and at the 
 rate of three and seven-tenths (3 7-10) cents on the one hun- 
 dred dollars' valuation of said property. 
 
 Forty-year water works bonds of 189G, ordinance approved 
 March 8, 1897, a tax of and at the rate of one (1) cent on the 
 one hundred dollars' valuation of said property. 
 
 Public school house bonds ; ordinance approved June 8, 1897, 
 a tax of and at the rate of one-tenth of one (1-10) cent on the 
 one hundred dollars' valuation of said property. 
 
 General indebtedness funding bonds of 1897, ordinance ap- 
 proved September 8, 1897, a tax of and at the rate of one and 
 eight-tenths (1 8-10) cents on the one hundred dollars' valu- 
 ation of said property. 
 
 278
 
 Appendix. Chap. XVL 
 
 Sec. -t. That to provide a fund to meet the estimated ex- 
 pense of operating and maintaining the John Sealy Hospital, 
 there is hereby levied for said municipal year on all property 
 described in the first section of this ordinance an ad valorem 
 tax of and at the rate of one and six-tenths (1 G-10) cents on 
 the one hundred dollars' valuation of said property. 
 
 Sec. 5. That to provide a special reserve fund, as provided 
 by section 29, clause 2, of the Charter of the City of Galveston, 
 there is hereby levied for said municipal year on all the prop- 
 erty described in the first section of this ordinance an ad va- 
 lorem tax of and at the rate of four and eight-tenths (4 8-10"^ 
 cents on the one hundred dollars' valuation of said property. 
 
 Sec. (). That the taxes herein and hereby levied shall be 
 and become due and payable on September 1, 1898, and shall 
 bear interest at the rate of eight per centum per annum from 
 October 1. A. D. 1898, until paid. 
 
 CHAPTER XVI. 
 
 TAXES FOR 1899. 
 
 Section 1. That there is hereby levied for general purposes 
 for the municipal year beginning March 1, 1899, an ad valorem 
 tax on all real, personal and mixed property, within the city of 
 Galveston, not exempt from taxation by the Constitution and 
 laws of the State of Texas, of and at the rate of seventy-eight 
 and five-tenths (78 5-10) cents on the one hundred dollars' 
 valuation of said property. The meaning of the term "personal 
 property," as used in this ordinance, is and is intended to be 
 the same as conveyed and defined in title 5, article G, section 
 81 of the charter of the city of Galveston ; and the meaning of 
 the term "real property," as used in this ordinance, is and is 
 intended to be the same as conveyed and defined in title 5, 
 article 5, section 83, of the city charter. 
 
 Sec. 2. That there is hereby levied for said municipal year 
 a poll tax of one dollar on each and every male person, be- 
 tween the ages of twenty-one and sixty years, who has resided 
 in the city of Galveston six months prior to the first day of 
 ^larch, 1899. 
 
 279
 
 Chap. XVL Appendix. 
 
 Sec. 3. That to provide for the interest and sinking funds 
 upon outstanding bonds of the city of Galveston, there is 
 hereby levied for the said year upon all property described in 
 the first section hereof, the several ad valorem taxes and for 
 account of the several bonds hereinafter specified, to-wit : 
 
 Forty-year limited debt bonds of 1881 ; ordinance approved 
 June 3, 1881, a tax of and at the rate of eighteen (18) cents on 
 the one hundred dollars valuation of said property. 
 
 Forty-year water works, street improvement and city hall 
 bonds; ordinance approved October 4, 1887, a tax of and at the 
 rate of fourteen (14) cents on the one hundred dollars' valu- 
 ation of said propert}^ 
 
 Bonds CO purchase block three hundred and twenty-one 
 (321) ; ordinance approved February 3, 1873, a tax of and at 
 the rate of one and six-tenths (1 G-10) cents on the one hun- 
 dred dollars' valuation of said property. 
 
 Forty-year limited debt bonds of 1891 ; ordinance approved 
 October 8, 1891, a tax of and at the rate of twenty-eight (28) 
 cents on the one hundred dollars valuation of said property. 
 
 Twenty-year general indebtedness funding bonds of 1895 ; 
 ordinance approved November 12, 1895, a tax of and at the 
 rate of four (4) cents on the one hundred dollars' valuation of 
 said property. 
 
 Forty-year water works bonds of 1S9G ; ordinance approved 
 March 8, 189(;, a tax of and at the rate of one (1) cent on the 
 one hundred dollars' valuation of said propertv. 
 
 Public school house bonds; ordinance approved June 8, 1897, 
 a tax of and at the rate of seven-tenths of one (7-10) cent on 
 the one hundred dollars' valuation of said property. 
 
 General indebtedness funding bonds of 1897; ordinance ap- 
 proved September 8, 1897, a tax of and at the rate of four (4) 
 cents on the one hundred dollars' valuation of said property. 
 
 Sec. 4. That to provide a fund to meet the estimated ex- 
 penses of operating and maintaining the John Sealy Hospital, 
 there is hereby levied for said municipal year on all property 
 described in the first section of this ordinance an ad valorem 
 tax of and at the rate of six and four-tenths (6 4-10) cents on 
 the one hundred dollars' valuation of said property. 
 
 280
 
 Appendix. Chap. XVII. 
 
 Sec. .■"). That to provide a special reserve fund, as provided 
 by Section •?9, Clause 2 of the Charter of the City of Galveston, 
 there is hereby levied for said municipal year on .all the prop- 
 erty described in the first section of this ordinance an ad va- 
 lorem tax of and at the rate of eight-tenths (8-10) of one cent 
 on the one hundred dollars' valuation of said property. 
 
 Sec. 6. That the taxes herein and hereby levied shall be 
 and become due and payable on September 1, 1899, and shall 
 bear interest at the rate of eight per centum per annum from 
 October 1, A. D. 1899, until paid. 
 
 CHAPTER XVII. 
 
 TAXES FOR 1900. 
 
 Section 1. That there is hereby levied for general purpo- 
 ses for the municipal year beginning March 1, 1900, an ad va- 
 lorem tax on all real, personal and mixed property within the 
 city of Galveston, not exempt from taxation by the Constitu- 
 tion and Laws of the State of Texas, of and at the rate of 
 sixty-three and nine-tenths cents (63.9c) on the one hundred 
 dollars' valuation of said property. The meaning of the term 
 "personal property," as used in this ordinance, is, and is in- 
 tended to be, the same as conveyed and defined in Title 5, 
 Article 6, Section 64, of the City Charter; and the meaning of 
 the term "real property," as used in this ordinance, is, and is 
 intended to be, the same as conveyed and defined in Title 5, 
 Article 5, Section 83, of said City Charter. 
 
 Sec. 2. That there -is hereby levied for said municipal year 
 a poll tax of one dollar ($1.00) on each and every male person 
 between the ages of twenty-one years and sixty years, who 
 has resided in said City of Galveston six months prior to the 
 first day of ^larch, 1900. 
 
 Sec. 3. That, to provide for the interest and sinking funds 
 upon outstanding bonds of said city of Galveston, there is 
 hereby levied for the said year upon all property described in 
 the first section hereof, the several ad valorem taxes and for 
 account of the several bonds hereinafter specified, to-wit : 
 
 Forty-Years Limited Debt Bonds of 1881 ; ordinance ap- 
 proved June 3, 1S(S1, a tax of and at the rate of twenty cents 
 on the one hundred dollars' valuation of said property. 
 
 281
 
 Chap. XVII. Appendix. 
 
 Forty-Years Water-Works, Street Improvement and City 
 Hall Bonds; ordinance approved October 4, 1887. a tax of 
 and at the rate of sixteen and four-tenths cents (IG.-tc) on the 
 one hundred dollars' valuation of said property. 
 
 Forty-Years Limited Debt Bonds of 181)1; ordinance ap- 
 proved October 8, 1891, a tax of and at the rate of thirty- 
 three cents (33c) on the one hundred dollars' valuation of 
 said property. 
 
 Twenty-Years General Indebtedness Funding Bonds of 
 1895 ; ordinance approved November 12, 1895, a tax of and at 
 the rate of five and five-tenths cents (5.5c) on the one hun- 
 dred dollars' valuation of said property. 
 
 General Indebtedness Funding Bonds of 1897 ; ordinance ap- 
 proved September 8, 1897, a tax of and at the rate of five 
 cents (5c) on the one hundred dollars' valuation of said 
 property. 
 
 Forty year water works bonds of 1S9G; ordinance approved 
 March 7, 1890; a tax of and at the rate of one and two-tenths 
 cents (1.2c) on the one hundred dollars valuation of said 
 property. 
 
 Bonds to purchase block three hundred and twenty-one; 
 ordinance approved February 3, 1873, a tax of and at th"; rat? 
 of one and seven-tenths cents (1.7c) on the one hundred dol- 
 lars valuation of said property. 
 
 Public school house bonds; ordinance approved June 8, 1897, 
 a tax of and at the rate of eight-tenths cents (0.8c), on the 
 one hundred dollars valuation of said property. 
 
 Sec. 4. That to provide a fund to meet the estimated ex- 
 penses of operating and maintaining the John Sealy hospital, 
 there is hereby levied for said municipal year, on all propert}' 
 described in the first section of this ordinance, a tax of and at 
 the rate of six cents (Gc) on the one hundred dollars valuation 
 of said property. 
 
 Sec. 5. That to provide a special reserve fund, as pro- 
 vided b}' Section 29, clause second, of the city charter, there 
 is hereby levied for said municipal year, on all property de- 
 scribed in the first section of this ordinance, a tax of and at 
 the rate of three and five-tenths cents (3.5c) on the one hun- 
 dred dollars valuation of said property. 
 
 282
 
 Appendix. Chap. XVIIa. 
 
 Sec. 6. That the taxes herein and hereby levied shall be- 
 come due and payable on September 1, 1900, and shall bear 
 interest at the rate of eight (8) per cent per annum from 
 October 1, 1900, until paid. 
 
 Sec. 7. That the taxes levied by this ordinance are hereby 
 made payable in the currency or coin of the United States. 
 
 Sec. 8. That this ordinance shall take effect and be in 
 force from and after the date of its passage. 
 
 [Approved March 7, 1900. 
 
 CHAPTER X\^IIa. 
 
 TAXES FOR I 90 I. 
 
 Section 1. That there is hereby levied for general pur- 
 poses for the municipal year beginning March 1, 1901, an ad 
 valorem tax on all real, personal and mixed property within 
 the city of Galveston, not exempt from taxation by the Con- 
 stitution and Laws of the State of Texas-, of and at the rate 
 of thirty-eight cents (38c) on the one hundred dollars valua- 
 tion of said property. The meaning of the term "personal 
 property" as used in this ordinance is, and 'is intended to be, 
 the same as conveyed and defined in Title 5, /Vrticle 6, Section 
 84, of the charter; and the meaning of the term "real prop- 
 erty" as used in this ordinance is, and is intended to be, the 
 same as conveyed and defined in Title 5, Article 5, Section 83, 
 of said cit}^ charter. 
 
 Sec. 3. That there is hereby levied for said municipal year 
 a poll tax of one dollar ($1.00) on each and every male person 
 between the ages of twenty-one years and sixty years, v;ho 
 has resided in said city of Galveston six months prior to the 
 first day of March. 1901. 
 
 Sec. 3. That to provide for the interest and sinking funds 
 upon outstanding bonds of said city of Galveston, there is 
 hereby levied for the said year upon all property described 
 in the first section here, the several ad valorem taxes and for 
 account of the several bonds hereinafter specified, to-wit: 
 
 h^orty-years Limited Debt Bonds of 1881 ; ordinance ap- 
 proved June 3, 1881. a tax of and at the rate of four cents 
 (l:c) on the one hundred dollars valuation of said property. 
 
 283
 
 Chap. XVIIa. Appendix. 
 
 Forty-years Waterworks, Street Improvement and City Hall 
 Bonds; ordinance approved October 4. 1887, a tax of and at 
 the rate of twenty-three cents ('23 cents) on the one hundred 
 dollars valuation of said property. 
 
 Forty-years Limited Debts Bonds of 1891 : ordinance ap- 
 proved October 8, 1891, a tax of and at the rate of forty- 
 six cents (4G cents) on the one hundred dollars valuation of 
 said property. 
 
 Twenty-years General Indebtedness Funding Bonds of 
 1895 ; ordinance approved November 12, 1895, a tax of and 
 at the rate of six cents (6 cents) on the one hundred dollars 
 valuation of said property. 
 
 General Indebtedness Funding- Bonds of 1897, ordinance ap- 
 proved September 8, 1897, a tax of and at the rate of six 
 cents (6 cents) on the one hundred dollars valuation of said 
 property. 
 
 Bonds to purchase Block three hundred and twenty-one ; 
 ordinance approved February 3, 1873, a tax of and at the rate 
 of two cents (2 cents) on the one hundred dollars valuation 
 of said property. . 
 
 Forty Years Sewerage Bonds ; ordinance approved Decem- 
 ber 11th, 1897, tax of and at the rate of ten cents on the one 
 hundred dollars valuation of said property. 
 
 Provided, however, that should the bonds hereinbefore de- 
 scribed, or any of them, be refunded and other bonds issued 
 in their stead, that then the taxes herein and hereby levied 
 shall be applied to the interest and sinking fund of said new 
 or refunding bonds, just as they would have been used and 
 applied for the same purposes on account of the bonds herein- 
 before specified, so that the levies now here made shall be 
 for the interest and sinking fund of the bonds herein described, 
 or by any substitute or substitutes therefor. 
 
 Sec. 4. That, to provide a fund to meet the estimated ex- 
 penses of operating and maintaining the John Sealy hospital, 
 there is hereby levied for said municipal year, on all property 
 described in the first section of this ordinance, a tax of and 
 at the rate of two cents (2 cents) on the one hundred dollars 
 valuation of said property. 
 
 284
 
 Appendix. Chap. XVIII. 
 
 Sec. 5. That, to provide a special reserve fund, as pro- 
 vided by Section 29, Clause Second, of the city charter, there 
 is hereby levied for said municipal year, on all property de- 
 scribed in the first section of this ordinance, a tax of and at 
 the rate of thirteen cents (13 cents) on the one hundred dol- 
 lars valuation of said property. 
 
 Sec. 6. That the taxes herein and hereby levied shall be- 
 come due and payable on September 1, 1901, and shall bear in- 
 terest at the rate of six per cent (6 per cent) per annum from 
 October 1, 1901, until paid. 
 
 Sec. T. That the taxes levied by this ordinance are hereby 
 made payable in the currency or coin of the United States. 
 
 Sec. 8. That this ordinance shall take efifect and be in force 
 from and after the date of its passage. 
 
 CHAPTER XVIII. 
 
 SCHOOL TAX FOR 1 893. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing, from and after the 1st day of October, A. D. eighteen 
 hundred and ninety-three (1893), for the support of the pub- 
 lic' free schools in and for the city of Galveston, an annual 
 advalorem tax on all personal, real and mixed property within 
 said city not exempt from taxation by the Constitution and 
 laws of the State, of and at the rate of twenty (20) cents on 
 the one hundred dollars valuation of said property. The mean- 
 ing of the term "personal property," as used in this ordinance 
 is, and is intended to be the same as conveyed and defined in 
 title five (5), article six (6), section eighty-four (84) of the 
 city charter ; and the meaning of the term "real property" 
 as used in this ordinance is and is intended to be the same as 
 conveyed and defined by title five (5), article five (5), section 
 eighty-three (S3) of said charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons owning or con- 
 trolling property within the limits of said city to hand into 
 the assessor of said city a full and complete inventory of the 
 property possessed or controlled by him, her or them, within 
 said limits, not exempt from taxation, on the first day of 
 
 285
 
 Chap. XIX. Appendix. 
 
 t 
 October of said year, within two months after the first pub- 
 lication of a public notice by the said assessor requiring them 
 so to do, which said notice shall be so published in one of 
 the daily papers published in the city of Galveston, and 
 said notice shall specify some period, not less than two months, 
 on or before which the time limited for the rendition of said 
 property shall expire. 
 
 Sec, 3. That said tax shall be assessed by the assessor and 
 collected by the collector of said city, and in the assessment 
 and collection 'thereof and in all matters pertaining thereto 
 or connected therewith said collector and assessor shall have 
 the same powers and shall be governed by the same rules, 
 regulations and proceedings as are now provided by the 
 charter and ordinances of said city for the assessment and 
 collection of taxes for ordinary municipal purposes, unless 
 otherwise specially provided in this ordinance. 
 
 CHAPTER XIX. 
 
 SCHOOL TAX FOR 1 894. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing from and after the first day of October. A. D. 1894, 
 for the support of the public free schools in and for the city 
 of Galveston, an annual ad valorem tax on all personal, real 
 and mixed property within said city not exempt from taxation 
 by the Constitution and laws of the State, of and at the rate 
 of twenty cents on the $100 valuation of said property. The 
 meaning of the term '"personal property," as used in this 
 ordinance is, and is intended to be the same as conveyed and 
 defined in title five, article six, section eighty-four of the city 
 charter; and the meaning of the term "real property" is, and 
 is intended to be the same as conveyed and defined by title 
 five, article five, section eighty-three of said charter. 
 
 Sec. 2. It shall be the duty of every person, partnership, 
 corporation or association of persons owning or controlling 
 property within the limits of said city to hand in to the 
 assessor of said city a full and complete inventory of the 
 property possessed or controlled by him, her, or them within 
 said limits not exempt from taxation on the first day of Oc- 
 
 ■286
 
 Appendix. Chap. XX. 
 
 tober of said year within two months after the first publica- 
 tion of a public notice by the said assessor requiring them so 
 to do, .which said notice shall be so published in one of the 
 daily papers published in the city of Galveston, and said 
 notice shall specify some period not less than two months on 
 or before the time limited for the rendition of said property 
 shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor 
 and collected by the collector of said city, and in the assess- 
 ment and collection thereof, and in all matters pertaining 
 thereto or connected therewith, said collector and assessor 
 shall have the same powers, and shall be governed by the 
 same rules, regulations, and proceedings as are now provided 
 by the charter and ordinances of said city for the assess- 
 ment and collection of taxes for ordinary municipal purposes, 
 unless otherwise specially provided in this ordinance. 
 
 Sec. 4. That the tax hereby levied shall become due and 
 payable on the first day of January, A. D. 1895, and shall 
 bear interest- at the rate of 8 per cent per annum from March 
 1, 1895, until paid, and if any person shall fail or refuse to 
 pay the taxes imposed upon him. or his property by this 
 ordinance until the first day of March, 1895, the collector 
 shall, by virtue of his tax rolls, seize and levy upon and sell 
 so much of said property, personal or real, belonging to such 
 person, whether resident or non-resident, as may be sufficient 
 to pay such taxes, together with all costs accruing thereon. 
 
 CHAPTER XX. 
 
 SCHOOL TAX FOR 1 89 5. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing, from and after the first day of October, A. D. 1895, 
 for the support of the public free schools in and for the city 
 of Galveston, an annual ad valorem tax on all personal, real 
 and mixed property within said city, not exempt from tax- 
 ation by the Constitution and laws of the State, of and at the 
 rate of twenty (20) cents on the one hundred dollars valua- 
 tion of said property. The meaning of the term "personal 
 property," as used in this ordinance, is, and is intended to 
 
 287
 
 Chap. XXI. Appendix. 
 
 be, the same as conveyed and defined in title five, article six, 
 section eighty-four, of the city charter; and the meaning of 
 the term "real property" is, and is intended to be, the same 
 as conveyed and defined by title five, article five, section 
 eighty-three, of said charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 trolling property within the limits of said city, to hand in 
 to the assessor of said city a full and complete inventory of 
 the property possessed or controlled by him, her or them, 
 within said limits, not exempt from taxation on the first day 
 of October of said year, within two months after the first 
 publication of a public notice by the said assessor requiring 
 them so to do, which said notice shall be so published in 
 one of the daily papers published in the city of Galveston, 
 and such notice shall specify some period, not less than two 
 months, on or before which the time limited for the ren- 
 dition of said property shall expire. 
 
 CHAPTER XXI. 
 
 SCHOOL TAX FOR 1 896. 
 
 Section 1. That there is hereby levied for one (1) year, 
 from and after the first day of October, A. D. 1896, for the 
 support of the public free schools in and for the city of Gal- 
 veston, an annual ad valorem tax on all personal, real and 
 mixed property within said cit3% not exempt from taxation 
 by th-e Constitution and laws of the State, of and at the rate 
 of twenty (20) cents on the one hundred dollars valuation 
 of said property. The meaning of the term "personal prop- 
 erty," as used in this ordinance, is, and is intended to be, the 
 same as conveyed and defined in title 5, article 6, section 84, 
 of the city charter; and the meaning of the term "real prop- 
 erty" is, and is intended to be, the same as conveyed and 
 defined by title 5, article 5, section 83, of said charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 trolling property within the limits of said city, to hand in to 
 the assessor of said city a full and complete inventory of the 
 
 288
 
 Appendix. Chap. XXII, 
 
 property possessed or controlled by him, her or them, within 
 said limits, not exempt from taxation, on the first day of 
 October of said year, within two months after the first pub- 
 lication of a public notice by the said assessor requiring them 
 so to do, which said notice shall be so published in one of 
 the daily papers published in the city of Galveston, and such 
 notice shall specif}^ some period, not less than two months, 
 on or before which the time limited for the rendition of said 
 property shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor 
 and collected by the collector of said city, and in the assess- 
 ment and collection thereof, and in all matters appertaining 
 thereto, or connected therewith, said assessor and collector 
 shall have the same powers, and shall be governed by the 
 same rules, regulations and proceedings as are now provided 
 by the charter and ordinances of said city for the assessment 
 and collection of taxes for ordinary municipal purposes, 
 unless otherwise specially provided in this ordinance. 
 
 Sec. 4. That the taxes herein and hereby levied shall be- 
 come due and payable on the first day of March, A. D. 1897, 
 and shall bear interest at the rate of eight (8) per centum 
 per annum from Alarch 1, 1897, until paid; and if any person 
 shall fail or refuse to pay the taxes imposed upon him, or 
 upon his property, until the first day of March, 1897, the 
 collector shall, by virtue of his tax roll, seize and levy upon 
 and sell so much of the property, personal or real, belonging 
 to such person. 
 
 CHAPTER XXII. 
 
 SCHOOL TAX FOR 1 89 7. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing, from and after the first day of October, A. D. 1897, 
 for the support of the public free schools in and for the city 
 of Galveston, an annual ad valorem tax on all personal, real 
 and mixed property within said city, not exempt from tax- 
 ation by th.e Constitution and laws of the State, of and at 
 the rate of twenty (20) cents on the one hundred dollars 
 valuation of said property. The meaning of the term "per- 
 sonal property," as used in this ordinance, is, and is intended 
 
 289
 
 Chap. XXII. Appendix. 
 
 to be the same as conveyed and defined in title 5, article 6, 
 section S4, of the city charter; and the meaning of the term 
 "real property," is, and is intended to be, the same as con- 
 veyed and defined by title 5. article 5, section 83, of said 
 charter. 
 
 Sec, 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 trolling property within th« limits of said city, to hand in 
 to the assessor of said city a full and complete inventory of 
 the property possessed or controlled by him, her or them, 
 within said limits, not exempt from taxation on the first day 
 of October of said year, within two months after the first 
 publication of a public notice by the said assessor requiring 
 them so to do, which said notice shall be so published in one 
 of the daily papers publish-ed in the city of Galveston, and 
 such notice shall specify some period, not less than two 
 months, on or before which the time limited for the rendition 
 of said property shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor 
 and collected by the collector of said city, and in the assess- 
 ment and collection thereof, and in all matters appertaining 
 thereto or 'connected therewith., said assessor and collector 
 shall have the same powers, and shall be governed by the 
 same rules, regulations and proceedings, as are now provided 
 by the charter and ordinances of said city for the assessment 
 and collection of taxes for ordinary municipal purposes, un- 
 less otherwise specially provided in this ordinance. 
 
 Sec. 4. That the taxes hereby and herein levied shall be- 
 come due and payable on the first day of January, A. D. 
 1898, and shall bear interest at the rate of eight (8) per centum 
 per annum from ^larch 1, 1898, until paid ; and if any per- 
 son shall fail or refuse to pay the taxes imposed upon him 
 or upon his property until the first day of March, 1898, the 
 collector shall, by virtue of his tax roll, seize and levy upon 
 and sell so much of the property — personal or real — belong- 
 ing to such person, whether resident or non-resident, as may 
 be sufficient to pay such taxes, together with all costs ac- 
 cruing; thereon. 
 
 290
 
 Appendix. Chap XXIII. 
 
 CHAPTER XXIII. 
 
 SCHOOL TAX FOR 1 898. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing, from and after the first day of October, A. D. 1898, 
 for the support of the public free schools in and for the city 
 of Galveston an annual ad valorem tax on all personal, real 
 and mixed property within said city, not exempt from tax- 
 ation by the Constitution and laws of the State, of and at 
 the rate of twenty (20) cents on the one hundred dollars 
 valuation of said property. The meaning of the term "per- 
 sonal property," as used in this ordinance, is, and is intended 
 to be the same as conveyed and defined in title 5, article 6, 
 section 84, of the city charter; and the meaning of the term 
 "real property" is, and is intended to be, the same as con- 
 veyed and defined by title 5, article 5, section 83, of said 
 charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 trolling property within the limits of said city, to hand in 
 to the assessor of said city a full and complete inventory of 
 the property possessed or controlled by him, her or them, 
 within said limits, not exempt from taxation, on the first 
 day of October of said year, within two months after the 
 first publication of a public notice by the said assessor requir- 
 ing them to do so, which said notice shall be so pub- 
 lished in one of the daily papers published in the city of Gal- 
 veston, and such notice shall specify some period, not less 
 than two months, on or before which the time limited for 
 the rendition of said property shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor 
 and collected by the collector of said city, and in the assess- 
 ment and collection thereof, and in all matters appertaining 
 thereto or connected therewith, said assessor and collector 
 shall have the same powers, and shall be governed by the 
 same rules, regulations and proceedings as are now provided 
 bv the charter and ordinances of said city for the assessment 
 and collection of taxes for ordinary municipal purposes, unless 
 otherwise specially provided in this ordinance. 
 
 291
 
 Chap. XXIV. App^^ndix. 
 
 Sec, 4. That the taxes hereby and herein levied shall be- 
 come due and payable on the first day of January, A. D. 1899, 
 and shall bear interest at the rate of eight (8) per centum 
 per annum from March 1. 1899, until paid; and if any person 
 shall fail or refuse to pay the taxes imposed upon him or 
 upon his property until the first day of March, 1899, the col- 
 lector shall, by virtue of his tax roll, seize and levy upon 
 and sell so much of the property — personal or real — belong- 
 ing to such persons, whether resident or non-resident, as may 
 be sufficient to pay such taxes, together with all costs ac- 
 cruine thereon. 
 
 CHAPTER XXIV. 
 
 SCHOOL TAX FOR 1 899. 
 
 Section 1. That there is hereby levied for one (1) year, 
 from and after the first day of October, A. D. 1899, for the 
 support of the public free schools in and for the city of Gal- 
 veston, an annual ad valorem tax on all personal, real and 
 mixed property within said city, not exempt from taxation 
 by the Constitution and laws of the State, of and at the rate 
 of twenty (20) cents on the hundred dollars valuation of 
 said property. The meaning of the term "personal prop- 
 erty," as used in this ordinance, is, and is intended to be, the 
 same conveyed and defined in title 5, article 6, section 84, of 
 the city charter; and the meaning of the term "real property," 
 is, and is intended to be, the same as conveyed and deh.ned 
 by title .5, article 5, section 83, of said charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 troling property within the limits of said city, to hand in to 
 the assessor of said city a full and complete inventory of th.e 
 property possessed or controlled by him, her or them, v/ithni 
 said limits, not exempt from taxation on the first day of 
 October of said year, within two months after the first pub- 
 lication of a public notice by the said assessor requiring tl.em 
 so to do, which said notice shall be so published in one oi th.e 
 daily papers published in the city of Galveston, and such 
 notice shall specify some period, not less than two months, 
 
 292
 
 Appexdix, Chap. XXV. 
 
 on or before which the time limited for the rendition of said 
 property shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor and 
 collected by the collector of said city, and in the assessment 
 and collection thereof, and in all matters appertaining thereto, 
 or connected therewith, said assessor and collector shall have 
 the same powers, and shall be governed by the same rules, 
 regulations and proceedings as are now provided by the char- 
 ter and ordinances of said city for the assessment and collec- 
 tion of taxes for ordinary municipal purposes, unless other- 
 wise specially provided in this ordinance. 
 
 Sec. 4. That the taxes hereby and herein levied shall be- 
 come due and payable on the first day of January, A. D. 1900, 
 and shall bear interest at the rate of eight (8) per centum 
 per annum from March 1, 1900, until paid; and if any person 
 shall fail or refuse to pay the taxes imposed upon him, or 
 upon his property, until the first day of March, 1900, the col- 
 lector shall, b}' virtue of his tax roll, seize and levy upon and 
 sell so much of the property, personal or real, belonging to 
 such person, whether resident or non-resident, as may be 
 sufficient to pay such taxes, together with all costs accruing 
 thereon. 
 
 CHAPTER XXV. 
 
 SCHOOL TAX FOR 190O. 
 
 Section 1. That there is hereby levied for the one year 
 next ensuing, from and after the first day of October, A. D. 1900, 
 for the support of the public free schools in and for the City 
 of Galveston, an annual ad valorem tax on all personal, real 
 and mixed property within said cit}^ not exempt from taxation 
 by the Constitution and laws of the State, of and at the 
 rate of twenty (20) cents on the one hundred dollars valua- 
 tion of said property. The meaning of the term "personal 
 property," as used in this ordinance, is, and is intended to be, 
 the same as conve3'ed and defined in title 5, article 6, section 
 eighty-four, of the City Charter ; and the meaning of the term 
 "real property," is, and is intended to be, the same as con- 
 veyed and defined by title 5, article 5, section 83 of said charter. 
 
 29S
 
 Chap. XXVa. Appendix. 
 
 Sec. 2. That it shall be the duty of every person, part- 
 nership, corporation or association of persons, owning or 
 controlling property within the limits of said city, to hand in 
 to the assessor of said city a full and complete inventory of 
 the property possessed or controlled by him, her or them, 
 within said limits, not exempt from taxation on the first day 
 of October of said year, within two months after the first pub- 
 lication of a public notice by the said assessor requiring them 
 so to do, which notice shall be so published in one of the 
 daily papers published in the City of Galveston, and such no- 
 tice shall specify some period, not less than two months, on 
 or before which the time limited for the rendition of said 
 property shall expire. 
 
 Sec. 3. That said tax shall be assessed by the assessor, 
 and collected by the collector of said city, and in the assess- 
 ment and collection thereof, and in all matters appertaining 
 thereto, or connected therewith, said assessor and collector 
 shall have the same powers, and shall be governed by the 
 same rules, regulations and proceedings as are now provided 
 by the charter and ordinances of said city for the assessment 
 and collection of taxes for ordinary municipal purposes, unless 
 otherwise specially provided in this ordinance. 
 
 Sec. 4. That the taxes herein and hereby levied shall be- 
 come due and payable on the first day of January, A. D. 1901, 
 and shall bear interest at the rate of eight (8) per centum 
 per annum from March 1st, 1901, until paid; and if any per- 
 son shall fail or refuse to pay the taxes imposed upon him or 
 upon his property until the first day of March, 1901, the col- 
 lector shall, by virtue of his tax roll, seize and levy upon 
 and sell so much of the property, personal or real, belonging 
 to such person, whether resident or non-resident, as may be 
 sufficient to pay such taxes, together with all costs accruing 
 thereon. 
 
 [Approved September 5, 1900. 
 
 CHAPTER XXVa. 
 
 SCHOOL TAX FOR 1901-1902. 
 
 Section 1. That there is hereby levied for one year next 
 ensuing from and after the first day of October, A. D. 1901, for 
 
 294
 
 Appendix. Chap. XXVa. 
 
 the support of the public free schools in and for the City of 
 Galveston an annual ad valorem tax on all personal, real and 
 mixed property within said city, not exempt from taxation 
 by the Constitution and laws of the State, of and at the rate 
 of twenty (20) cents on the one hundred dollars valuation of 
 said property. The meaning of the term "personal property," 
 as used in this ordinance is, and is intended to be the same 
 as conveyed and defined in title 5, article 6, section 84 of 
 the City Charter, and the meaning- of the term "real property," 
 is, and is intended to be, the same as conveyed and de- 
 fined by title 5, article 5, section 83 of said Charter. 
 
 Sec. 2. That it shall be the duty of every person, partner- 
 ship, corporation or association of persons, owning or con- 
 trolling property within the limits of said city, to hand in to 
 the assessor of said city a full and complete inventory of the 
 property possessed or controlled by him, her or them, within 
 said limits, not exempt from taxation on the first day of 
 October of said year, within two months after the first pL'.b- 
 lication of a public notice by the assessor requiring them so 
 to do, which notice shall be so published not less than five 
 times in one of the daily papers published in the City of 
 Galveston, and such notice shall specify some period, not 
 less than two months, on or before which the time limited for 
 the rendition of said property shall expire. 
 
 (Section 3 amended as above October 15, 1901.) 
 
 Sec. 3. That said tax shall be assessed by the assessor and 
 collected by the collector of said City, and in the assessment 
 and collection thereof, and in all matters appertaining thereto 
 or connected therewith, said assessor and collector shall havs 
 the same powers and shall be governed by the same rules, 
 regulations and proceedings as are now provided by the char- 
 ter and ordinances of said City for the assessment and col- 
 lection of taxes for ordinary municipal purposes, unless other- 
 wise specially provided in this ordinance. 
 
 Sec. 4. That the taxes hereby and herein levied shall be- 
 come due and payable on the first day of January, A. D. 1902, 
 and shall bear interest at the rate of eight (8) per centum 
 per annum from ]March 1, 1902, until paid, and if any person 
 shall fail or refuse to pay the taxes imposed upon him or 
 
 295
 
 Chap. XXVI. Appendix. 
 
 upon his property until the first day of March, 1902, the 
 collector shall, by virtue of his tax roll, seize and levy upon 
 and sell so much of the property, personal or real, belonging 
 to such person, whether resident or non-resident, as may be 
 sufficient to pay such taxes, together with all costs accruing 
 thereon. 
 
 CHAPTER XXVI. 
 
 GRANT TO THE GALVESTON, HOUSTON AND NORTHERN RAILWAY. 
 
 Section ]. That there is hereby granted to the Galveston. 
 Houston and Northern Railway Company, its sviccessors or 
 assigns, the following franchises, rights, privileges and li- 
 censes in the City of Galveston, viz: 
 
 (1). The right of way for a single or double steam railroad 
 track, with all necessary and convenient switches, turnouts, 
 sidings and side-tracks, together with the right, privilege and 
 license of constructing and maintaining the same and operat- 
 ing a steam railroad thereon, upon, over and along Avenue B 
 or Strand street, from the easterly line of Forty-first street 
 to the easterly line of Twenty-seventh street. 
 
 (2). The right of way for a double steam railroad track, 
 with all necessary and convenient switches, turnouts, sidings 
 and side-tracks, together with the right, privilege and license 
 of constructing and maintaining the same and operating a 
 steam railroad thereon, across, upon, over and along the 
 following streets and alleys, viz.: Beginning at any point in 
 Avenue E or Post Office street west of Forty-sixth street that 
 the said Galveston, Houston and Xorthern Railway Company, 
 its successors or assigns, may elect, thence in a northwesterly 
 direction to any point in Avenue B or Strand street west of 
 Forty-eighth street that said Railway Company, its successors 
 or assigns, may elect, crossing all intervening streets and 
 alleys now existing or that may hereafter exist between the 
 beginning point of said railroad track and Avenue E or Post 
 Office street and the ending point thereof in Avenue B or 
 Strand street, whether said intervening streets run easterly 
 and westerly or northerly and southerly, together with the 
 right to connect said railroad track with any and all railroads 
 now, or that may hereafter be constructed on Avenue E or 
 
 296
 
 Appendix. Chap. XXYI. 
 
 Post Office street, on Avenue B or Strand street, and on any 
 of said intervening streets; provided, that said railroad 
 track shall not cross Avenue D or ^larket street at any point 
 east of Forty-eighth street. 
 
 (3). The right of way for all steam railroad tracks that 
 said railway company, its successors or assigns, may deem 
 necessary for the convenient use of the three blocks of 
 grounds hereinafter referred to or of any one or more of 
 them, together with the right, privilege and license of con- 
 structing and maintaining the same and operating a steam 
 railroad thereon, across, upon, over and along Thirtieth, 
 Thirty-first and Thirty-second streets between Avenue E or 
 Post Office street, and Avenue F or Church street, and also 
 across, upon, over and along any and all alleys that now or 
 may hereafter exist, through blocks numbered four hundred 
 and forty-nine, four hundred and fifty and four hundred and 
 fifty-one, together with the right to connect said tracks with 
 the track of said Railway Company on Avenue E or Post 
 Office street. 
 
 (4.) The right to close to public use, and to take posses- 
 sion of and exclusively use and enjoy so much of Thirty- 
 first street as lies between Avenue E or Post Office street 
 and Avenue F or Church street for the purpose of using and 
 enjoying the same in connection with the use made or to 
 be made by said Railwa}' Company, its successors or assigns, 
 of the three blocks of ground last aforesaid or of any one or 
 more for them. 
 
 Sec. 2. The grants hereby made are made with the ex- 
 press stipulation and agreement that the said Railway Com- 
 pany, by the acceptance of the same, agrees and undertakes 
 to hold the City of Galveston harmless and indemnify it 
 against all suits of whatsoever nature, costs, damages, claims 
 and expenses that may arise or grow out of the occupation 
 and use by said Railway Company of the rights of way and 
 franchises hereby granted. 
 
 [Approved July 5, 1900. 
 
 297
 
 Chaps. XXVII-XXVITI. Appendix. 
 
 CHAPTER XXVII. 
 
 GRANT TO THE GALVESTON, HOUSTON AND NORTHERN RAILWAY. 
 
 Section 1. That there is hereby granted to the Galveston. 
 Houston and Northern Railv^ay Company, its successors or 
 assigns, the right of way for a double railroad track, with all 
 necessary and convenient switches, turnouts, sidings and side 
 tracks, together with the right, privilege and license of con- 
 structing and maintaining the same and operating a steam rail- 
 road thereon, upon, over and along Avenue F, or Church 
 street, including the sidewalks on the north side thereof, from 
 the easterly line of Thirty-second street to the westerly line 
 of Twenty-ninth street, provided that said tracks, switches, 
 turn-outs, sidings and side-tracks shall be constructed north 
 of the center line of said Avenue F, or Church street; and. 
 provided further, that the distance between the center line of 
 the most southerly of said tracks and the center line of said 
 street shall not be less than fifteen feet. 
 
 Sec. 2. The grant hereby made is made with the express 
 stipulation and agreement that the said Railway Company, by 
 the acceptance of same, agrees and undertakes to hold the City 
 of Galveston harmless, and to indemnify it against all suits 
 of whatsoever nature, costs, damages, claims and expenses 
 that may arise or grow out of the occupation and use by the 
 said Railway Company of the rights of way and franchise 
 hereby granted. 
 
 [Approved September 5, 1900. 
 
 CHAPTER XXVHI. 
 
 GRANT TO THE GALVESTON, HOUSTON AND NORTHERN RAILWAY. 
 
 Section 1. That there is hereby granted to the Galveston. 
 Houston and Northern Railway Company, its successors and 
 assigns, the right of way for a single or double steam railroad 
 track with, all necessary and convenient switches, turn-outs, 
 sidings and side-tracks, together with the right, privilege, fran- 
 chise and license of constructing, maintaining and operating 
 a steam railroad thereon, upon, over and along the follow- 
 ing streets and alleys of the City of Galveston : Beginning at 
 any point in Thirty-first street between the north line of Ave- 
 
 298
 
 Appendix. Chap. XXVIIL 
 
 nue F and the south line of Avenue E, thence in a southerly 
 direction along Thirty-first street, crossing Avenues F, G and 
 H and all intervening alleys to the north line of Avenue I. 
 together with the- right to connect with the track or tracks 
 of the Galveston, Houston and Northern Railway Compan}^ at 
 any point on or near Thirty-first street between the north line 
 of Avenue F and the south line of Avenue E. 
 
 Sec. 2. The grant hereby made is made with the ex- 
 press stipulation and agreement that the said Galveston. 
 Houston and Northern Railway Company, by the acceptance 
 of the same, agrees and undertakes to hold the City of Gal- 
 veston harmless and indemnify it against all suits of what- 
 ever nature, costs, damages, claims and expenses that may 
 arise or accrue out of the occupation and use by said Rail- 
 way Company of th^e rights of way and franchise hereby 
 granted. 
 
 Sec. 3. Said company, its successors or assigns, shall con- 
 struct substantial crossings and approaches thereto at the 
 intersection of streets and not less than twenty-five feet in 
 width, and shall maintain the same in good conditon, and shall 
 further keep the space between the tracks, including all 
 switches and terminals, filled their entire length between street 
 crossings with, plank or some good ballasting material, by 
 first filling with sand and then covering with either gravel, 
 rock, shell or cinders, to a height level with the top of the 
 rails, which filling shall be maintained in good order and 
 condition. 
 
 Sec. 4. That this ordinance is passed and accepted by said 
 company, subject to the ordinances now in force, or such as 
 mav be hereafter legally enacted, and said company shall be 
 liable for th<e cost of any street improvements that may be 
 made by said city between its track, switches and terminals, 
 and to the distance of one foot outside of the rails thereof. 
 
 Sec. 5. Any failure on the part of said company, its suc- 
 cessors or assigns, to comply with the terms and conditions 
 hereinbefore set forth, shall work a forfeiture of the rights 
 and privileges hereby granted, without further action upon 
 the part of the city. 
 
 I Approved October 16, 1900. 
 299
 
 Chaps. XXIX-XXX. Appendix. 
 
 CHAPTER XXIX. 
 
 GRANT TO THE GALVESTON, HOUSTON AND NORTHERN RAILWAY. 
 
 Section 1. That there is hereby granted to the Galveston, 
 Houston and Northern Railway Company, its successors or 
 assigns, the right of way for a single or double steam railroad 
 track with, all necessary and convenient switches, turn-outs, 
 sidings and side-tracks, together with the right, privilege, fran- 
 chise and license. of constructing, maintaining and operating 
 a steam railroad thereon, upon, over and along the follow- 
 ing streets and alleys of the City of Galveston: Beginning at 
 any point in Thirty-first street between the north line of Ave- 
 nue F and the south line of Avenue E, thence in a southerly 
 direction along Thirty-first street, crossing Avenues F. G and 
 H and all intervening alleys to the north line of Avenue I. 
 together with the right to connect with the track or tracks 
 of the Galveston, Houston and Northern Railway Company at 
 any point on Thirty-first street between the north line of Ave- 
 nue F and the south line of Avenue E. 
 
 Sec. 2. The grant hereby made is made with the ex- 
 press stipulation and agreement that the said Galvest(jn, 
 Houston and Northern Railway Company, by the acceptance 
 of the same, agrees and undertakes to hold the City of Gal- 
 veston harmless and indemnify it against all suits of what- 
 ever nature, costs, damages, claims and expenses that may 
 arise or accrue out of the occupation and use by said Rail- 
 way Company of the rights of way and franchises hereby 
 granted. 
 
 [Approved February 21, 1901. 
 
 CHAPTER XXX. 
 
 CONTRACT WITH THE GALVESTON CITY RAILROAD COMPANY. 
 
 I. The said B. Rush Plumly and associates shall build, 
 equip and open for travel, within twelve months next fol- 
 lowing the date of this contract, a railroad from the north 
 side to the south side of said city. Said road shall be a single 
 track, on Twent3--first street, called Center street, to extend 
 from the south side of Strand (on Twenty-first street) to 
 Avenue P or Q, or to a feasible point on said Twenty-first 
 
 300
 
 Appendix. Chap. XXX. 
 
 street toward the gulf. Said road shall be built with, such 
 turn-outs, turn-tables, side-tracks and switches as said party 
 may deem essential for safe and easy travel, back and forth ; 
 that is, from south to north, and from north to south, on said 
 road at the same time. 
 
 II. Said party shall fill or bridge the bayou, to the width 
 of their railroad, and they shall construct proper culverts on 
 said bayou, under their rail tracks, for the passage of water. 
 
 III. If it shall be found impracticable to construct said 
 road on Twenty-first street, called Center street, immediately, 
 the said party may lay a similar track upon any one of the 
 streets running north and south, hereinafter named, reserving 
 the right to lay the track on Twenty-first street as soon as 
 practicable ; provided, that no track shall run down either the 
 east or west side of the market house. 
 
 IV. Said party shall also construct, equip and open for 
 travel within fifteen months next following the date of this 
 contract, railroads running east and west on the streets of 
 Galveston ; said roads shall be single track on Market street, 
 beginning at any point from the eastern limits of the city to 
 Tenth street and running to Thirty-first street, or to Forty- 
 first street, the western limits of the city; also a single track 
 on Church sreet parallel with the track on Market street, said 
 roads to be connected by the necessary short tracks on the 
 streets running north and south where said east and west 
 tracks may terminate. Said roads shall be constructed with 
 such side tracks, turn-outs, switches and turn-tables as said 
 party may deem essential to run cars both ways, on each of 
 the said streets, at the same time, with ease and safety to 
 the public. 
 
 V. Said party shall have power and authority, at any time 
 hereafter, by virtue of this contract, to construct and conduct 
 a double track upon Broadway, and a double track upon Bath 
 avenue, and single tracks upon Seventeenth street, upon 
 Twentieth street, upon Twenty-ninth street ; upon Mechanic 
 street, upon avenue H, and a single track on the beach, on the 
 gulf side. All of said tracks or any of them, may extend along 
 said streets and on the beach, east and west and north and 
 south to the corporation limits, each way, except that no one 
 
 301
 
 Chap. XXX. Appendix. 
 
 of said tracks shall cross the Strand or run thereon, nor run 
 upon Tremont street. All or any of said tracks may be con- 
 nected by the necessary short tracks, switches, turn-outs, side- 
 tracks and turn-tables, to make all tracks under this grant 
 continuous and united. 
 
 VI. Provided, that said party shall not lay side-tracks, 
 switches or turn-outs upon the intersection of streets, and shall 
 only build such turn-tables upon the intersection of streets, 
 and at or near the terminus of tracks, as may be essential to 
 shift the cars from track to track, and to turn or reverse the 
 cars ; and provided also, that said roads shall be connected on 
 the strand or upon Tremont (23d) street; and provided fur- 
 ther, that said party, or the company to be formed, shall 
 not lay any track (except to make connections) upon any 
 other avenue or street of this city, than those herein named, 
 without having first obtained the right to do so by the mayor 
 and aldermen of the City of Galveston. 
 
 VII. Said party shall at all times have the right of way 
 for their cars upon said railroad tracks, without unnecessary 
 delay or interruption by vehicles or any obstruction, and said 
 party shall be protected in said right of way by proper munici- 
 pal regukilions. 
 
 Vlil. Said party shall have power and authority to fix 
 proper standing places for the cars for changing horses, and 
 reasonable time shall be allowed for the same, and for taking 
 up and putting down passengers. 
 
 IX. Said party shall have the right to run construction 
 cars on all their tracks ; to transport earth, sand, shells and 
 such other light freight as may accommodate the public. A 
 reasonable timie shall be allowed to receive and discharge the 
 freight, and said party may charge and collect pay for trans- 
 porting the same. 
 
 X. The speed of travel on said railroads shall not exceed 
 seven miles per hour. 
 
 XI. No track shall be laid on 23d (Called Tremont) street, 
 except to cross the same. 
 
 XII. No track shall be laid upon the Strand. 
 
 XIII. Said party shall lay such a rail, and shall so con- 
 struct the railroads that they shall not impede carriage travel 
 
 302
 
 Appendix. Chap. XXX. 
 
 upon the streets occupied by said tracks, after said streets 
 have been graded by the city. 
 
 XV. Said party shall preserve the public cisterns crossed 
 by the railroad tracks, and they shall so adjust the tracks and 
 the cisterns that the water in said cisterns may be easily ob- 
 tained in case of fire. 
 
 XVI. Said party shall construct and keep in good repair 
 all cross-culverts, whenever the same may be required under 
 the rail tracks ; said culverts to extend across the street from 
 sidewalk to sidewalk ; and whenever said party shall neglect 
 to construct and keep in order said culverts, the city shall 
 have the right to cause said culverts to be made, or repaired, 
 at the expense of said party; and in the event of their re- 
 fusal to pay the same, the amount shall be recovered be- 
 fore any court of competent jurisdiction, for the benefit of the 
 city. 
 
 All cars that may run on said road between sunset and 
 daybreak shall be provided with good and ample head and rear 
 lights, placed in conspicuous positions outside the car. 
 
 For the violation of this clause or of any ordinance now ex- 
 isting, or that may hereafter be enacted, on the part of any 
 officer or employe of said roads, said party shall be liable to a 
 fine of ten dollars, besides all damages arising therefrom. 
 
 X\ n. Said party shall provide separate cars for negroes 
 and colored people, or they shall make suitable divisions in 
 cars for that portion of the population. 
 
 XVIII. The fare on said cars shall not exceed ten cents, 
 from station to station, on the respective tracks, for each adult 
 person; children under twelve (12) years old half price. 
 Tickets for passage may be issued and disposed of by said 
 party, and said cars may be run on every day in the year. 
 
 XIX. The capital stock of said railroad shall not exceed 
 $500,000, to be divided in shares of fifty dollars each ; said 
 party shall have the right to receive subscriptions for said 
 stock, and dispose of the same upon such terms and in such 
 a manner as said party may deem most certain to carry out 
 and secure the object of this contract. 
 
 XX. Books for subscription to said stock shall be open by 
 said party in the City of Galveston, and the citizens of Gal- 
 
 303
 
 Chap. XXX. Appendix. 
 
 veston shall have the right to subscribe to three-fourths (3-4) 
 of said capital stock, including the stock transferred to the 
 city. Said books shall be kept open thirty days, unless said 
 three-fourths of said stock shall be sooner subscribed by the 
 citizens of Galveston. 
 
 The mayor of the City of Galveston shall have the authority 
 to designate some one person to be present during the time 
 specified in this contract, wherein books shall be opened in 
 the City of Galveston for subscription, by the people thereof, 
 to said stock, and the party so designated shall be authorized by 
 the mayor to determine how manv shares of said stock each 
 applicant to subscribe shall be entitled to take, and said per- 
 son so designated by the mayor shall see that the said stock 
 is not absolutely monopolized by any one party, or person, or 
 interest, but that said books shall be open equally and freely 
 to all. Said party shall give securitv that any money or 
 moneys received by said party, on account of this grant or 
 franchise, shall be appropriated by said part}" to the specified 
 purpose' for which said money or moneys were received by 
 said party. 
 
 XXI. Said party shall make over and transfer to the city of 
 Galveston, in lieu of percentage on the net receipts of said 
 roads, and in lieu of bonus for this contract, six hundred 
 shares of the capital stock of said railroads, and six hundred 
 shares of stock to be paid up by said party, or by the com- 
 pany to be formed under this contract and franchises, as as- 
 sessments and said stock may be made and payment required 
 by said party or company. 
 
 XXII. The mayor of the City of Galveston, or some one 
 person designated by him, shall have his name placed con- 
 tinuously on the directorial ticket of said compan}'. to repre- 
 sent the interests of the city in the said stock, and he shall 
 be elected a director of said company at the election for di- 
 rectors. 
 
 XXIII. The subscribers to said capital stock, who shall 
 have complied with the terms of this subscription, shall have 
 power and authority, immediately after said stock to the 
 amount of three-fourths shall have been so subscribed, to 
 organize a grant or franchise, under this contract, into a stock 
 
 304
 
 Appendix. Chap. XXX. 
 
 company with the capital stock not to exceed five hundred 
 thousand dollars, in shares of fifty dollars each. 
 
 The afifairs of said company shall be manged by a board of 
 directors, in number not less than five nor more than seven, 
 including- the city director. Said directors shall be elected by 
 the stock holders, from their number. One of said directors 
 shall be the president of the board, to be elected by the di- 
 rectors. 
 
 A majority of the votable stock represented at any meeting 
 of stockholders shall determine all questions relating to the 
 election of officers, or to the general management of the com- 
 pany ; but no stockholder shall vote in his own name, or as 
 proxy for others, more than six hundred (600) shares of stock 
 at any election of said company, or in the transaction of any 
 business thereof. 
 
 XXIV. Said company shall be styled and shall be known 
 as The Galveston City Railroad Company. 
 
 The place of business and the legal domicile of said com- 
 pany shall be located in the city of Galveston. Said company 
 shall have the right and authority to conduct its own affairs 
 under rules, regulations and by-laws framed by itself, the 
 same not to be inconsistent with the laws of this State, the 
 ordinances of city council and the conditions of this con- 
 tract. Said company shall have power to assess its stock and 
 collect its assessments, and to forfeit said stock, and to sell 
 it at public sale or otherwise, if said assessments are not paid 
 in proper time, and to suspend and discontinue said assess- 
 ments ; and to call in its stock ; and to change or renew its cer- 
 tificates ; and to declare unpaid dividends, and generally to 
 manage its own affairs in agreement with the letter and spirit 
 of this contract. 
 
 XXV. In the event that the said company shall allow itself 
 to become encumbered by debt, to the jeopardy of the city's 
 interest therein, then the city shall be regarded as having 
 thereby a first lien on the franchise and the roads and fixtures 
 and corporate property of said company, for the security of 
 the interest of the city in said company, and the same shall 
 be secured by the city, by proper process, immediately after 
 the organization of said company. 
 
 305
 
 Chap. XXX. Appendix. 
 
 XXVI. The said railroads, cars, fixtures and other appur- 
 tenances shall revert to the city, if the city shall so determine, 
 at the expiration of said twenty years' privilege, on a valua- 
 tion to be ascertained by two disinterested persons, one to be 
 appointed by the company, the other by the city, and in case 
 of disagreement as to said valuation between said persons thus 
 appointed, a third party, or umpire, shall be "appointed by one 
 of the district courts, the decision thereby had to be final. 
 
 XXVII. Said party contracting, or the company succeed- 
 ing to this franchise, shall annually pay into the city treas- 
 ury, upon the assessed value of said roads and fixtures, the 
 annual tax levied upon real estate, and the value of said roads 
 and fixtures shall be assessed by the usual mode of assessment. 
 
 XXVIII. The right, or franchise, granted under this con- 
 tract shall not be sold, transferred or conveyed to any other 
 person, or persons, company or association, except as herein 
 provided by the subscription to the capital stock of said grant, 
 or franchise ; any sale or transfer of this grant, or franchise, 
 shall be a forfeiture of contract. 
 
 XXIX. In the event that said party, or the company to be 
 organized under this contract, shall fail to build and open for 
 travel the first two roads, one east and west, and one north 
 and south, within the respective periods herein specified, 
 then this contract shall be forfeited, unless time shall be ex- 
 tended by competent authority. 
 
 XXX. The adoption of this contract by the mayor and 
 board of aldermen of the City of Galveston, shall be consid- 
 ered and regarded as conferring upon the said party, B. Rush 
 Plumly and associates, and upon the Galveston City Railroad 
 Company, whenever the same shall have been duly organized, 
 all the rights, privileges and benefits herein enumerated, and 
 as imposing upon said party, or company, all the obligations 
 and penalties affixed. 
 
 [Adopted May 11, 1896. 
 AMENDMENT. 
 
 Resolved, That so much of section twenty-four of the con- 
 tract of the Galveston City Railroad Company with the City 
 of Galveston, made and entered into May 24, 1866, and which 
 reads as follows: "No stockholders shall vote in his own 
 
 306
 
 Appendix. Chap. XXXI. 
 
 name, or as proxy for others, more than six hundred shares 
 of stock at any election, or in the transaction of any business 
 thereof," be and the same is, subject to the approval of the 
 mayor of the City of Galveston, hereby revoked and annulled. 
 
 Resolved, that Mr. W. H. Sinclair be and he is hereby in- 
 structed to furnish to the mayor and city council a copy of 
 these resolutions, and ask their assent to, and confirmation of 
 the modification of the company's contract, as herein set forth. 
 
 [Passed June 20, 1S81 
 
 CHAPTER XXXI. 
 
 GRANT TO THE PEOPLE'S RAILWAY COMPANY, 
 (Now Galveston City Railroad Company.) 
 
 Section 1. That the right, privilege and franchise of and 
 for constructing, maintaining and operating street railways, 
 with all such side-tracks, turn-outs, switches, turntables and 
 other works and structures as may be necessary and suitable, 
 in and upon the streets and avenues of said city, now open, or 
 hereafter to be opened, are hereby granted to Leon Blum, B. 
 Tiernan, W. H. Sellers, Charles M. Todd, Frank R. Dean, 
 Seabrook W. Sydnor, Gus McKernon, and their associates, 
 and to the "People's Railway Company" (when formed), and 
 such other persons as they may associate with them, and to 
 such body corporate as they may hereafter form under the 
 name and style of "The People's Railway Company," in con- 
 formity with the general law of the State concerning private 
 corporations, approved December 2, A. D. 1871; provided, 
 however, that they shall not have the right to construct, 
 maintain or operate such railways on either of the following- 
 named streets or avenues, to-wit : Seventeenth street. Twen- 
 tieth street. Twenty-first (or Centre) street. Twenty-third (or 
 Tremont) street. Twenty-fifth street (or Bath avenue. Twen- 
 ty-ninth street ; Avenue B (or Strand street. Avenue C (or 
 ^Mechanic street). Avenue D (or Market street). Avenue E 
 (or Postoffice street). Avenue F (or Church street). Avenue 
 H, and Broadway, except for the purpose of crossing the 
 same. 
 
 Sec. 2. That the same rights, privileges and franchises 
 are hereby granted for the term of fifty years, from and after 
 
 307
 
 Chap. XXXIL Appendix. 
 
 the passage of this ordinance, and upon the condition that 
 said railways, side-tracks, turn-outs, switches, turn-tables and 
 other works and structures shall be so constructed, main- 
 tained and operated as not to obstruct or hinder the free 
 and convenient use of the streets or avenues by vehicles, or on 
 foot, or otherwise; and shall be constructed, maintained and 
 equipped as first-class railways; and upon the further con- 
 ditions that if the said parties to whom said rights, privileges 
 and franchises are hereby granted, shall fail to complete and 
 put in running order within two years after the passage of 
 this ordinance, the following lines of railway, to-wit: On 
 Twenty-second street, from Avemie B (or Strand street) to 
 Avenue L., and on Avenue G (or Winnie street) from Eighth 
 street to Thirtieth street, then and in that case, the said 
 city council shall have the right, and the same is hereby 
 reserved, to revoke and annull all and singular, the rights, 
 privileges and franchises hereby granted. 
 
 [Approved July 10, 1873. Amended March 3, 1875. 
 
 CHAPTER XXXIL 
 
 GRANT TO THE GALVESTON CITY RAILROAD COMPANY. 
 
 Section 1j That the right, pri\ ilege and franchise of con- 
 structing, maintaining and operating a street railway, with 
 the necessary structures, are herel)y granted to the Galveston 
 City Railroad Company upon and along the following streets 
 and avenues, viz. : 
 
 Thirty-third or Thirty-fifth street from Market street to 
 the gulf; thence from the streets herein granted to and along 
 Avenue P or Avenue Pj^, eastwardly to an intersection and 
 connection with their tracks on Twenty-seventh and Twenty- 
 fifth streets. 
 
 Sec. 2. That should said company fail or refuse to build. 
 equip and maintain a system of street railroads on the streets 
 named in the preceding section, within three months from 
 the passage of this ordinance, then and in that event the grant 
 of right of way on so much of said streets as are not built 
 upon by said company, shall be forfeited without other action 
 of the council ; provided, that if at any time said company 
 
 308 ,
 
 Appendix. Chaps. XXXIII-XXXIV. 
 
 shall abandon or cease to operate any portion of said railway 
 after construction, the right of way on the portion abandoned 
 shall be likewise forfeited. 
 
 Sec. 3. That in consideration of the grants herein made, 
 the Galveston City Railroad Company shall surrender its righ<t 
 of way on Twenty-ninth street. 
 
 Sec. 4. Provided, the said Galveston City Railroad Com- 
 pany shall construct and maintain all crossings on a grade to 
 accommodate wagon traffic as the city engineer may direct. 
 
 Sec. 5. The city shall not be responsible in anywise for 
 any damages whatsoever growing out of, or incident to, the 
 use of said streets by said company granted by this ordinance. 
 
 [Passed over Mayor's veto September 7, 18S5 
 
 CHAPTER XXXIII. 
 
 GRANT TO THE GALVESTON CITY RAILROAD COMPANY. 
 
 Section 1. That the right, privilege and franchise of con- 
 structing, maintaining and operating a street railway, with 
 tne necessary switches, side-tracks and other suitable works 
 and structures, are hereby granted to the Galveston City 
 Railroad Company upon and along the following streets and 
 avenues, viz. : Thirty-third street from Market street to the 
 gulf; thence from Thirty-third street to and along Avenue P 
 or Avenue Pj% eastwardly to an intersection and connection 
 with their tracks on Twenty-seventh and Twenty-fifth streets. 
 
 [Approved October 6, 1885. 
 
 CHAPTER XXXIV. 
 
 GRANT TO GALVESTON CITY RAILROAD COMPANY. 
 
 Section 1. That there is hereby granted to the Galveston 
 City Railroad Company the right to construct, maintain and 
 operate a street railway, together with the necessary switches, 
 side-tracks and other suitable works and structures, along Fif- 
 teenth street, from Mechanic street to Avenue P ; and thence 
 along Avenue P to Twenty-first street. 
 
 Read first time at regular meeting !March 15, 1886. 
 
 [Approved April 9, 1886. 
 
 309
 
 Chap. XXXV. Appendix. 
 
 CHAPTER XXXV. 
 
 GRANT TO THE GALVESTON CITY RAILROAD COMPANY. . 
 
 Section 1. That there is hereby granted to the Galveston 
 City Railroad Company, of the City of Galveston, the privi- 
 lege of running and operating their street railway cars over 
 all their lines now occupied or hereafter to be occupied by 
 them in the City of Galveston, with electricity as a motive 
 power, subject to the conditions and provisions hereinafter 
 named. 
 
 Sec. 2. That for the purposes named in section one of 
 this ordinance, the said company are hereby authorized to set 
 its poles, pins, abutments, wires and other necessary fix- 
 tures along and across any of the streets of the city, subject 
 to the regulations hereinafter provided. 
 
 Sec. 3. The poles used as herein provided, shall be of 
 sound timber, not less than five inches in diameter at the upper 
 end, reasonably straight, and of uniform size. All poles shall 
 be thoroughly painted with two coats of lead and oil paint, 
 of such colors as may be directed by the committee on streets 
 and alleys, and be supplied with iron steps commencing 
 twelve feet from the surface of the ground and reaching to 
 the arms supporting the wires. Said wires shall be run fit a 
 height of not less than twenty-five feet above the grade of the 
 street. Whenever the poles are erected on a street, they shall 
 be placed, in all cases when practicable, on the outer edge of 
 the sidewalk, just inside the curbstone, and on the line dividing 
 the lots one from the other, and in no case to be so placed 
 as to obstruct the drainage of the street, or to interfere with 
 or damage in any way the curbstones or other public or pri- 
 vate property on the line of the street or alley where such 
 poles shall be erected. All work of excavating, refilling and 
 restoring the pavement shall be done at the expense of the 
 said Galveston City Railroad Company, under the super- 
 vision of the city engineer and to his entire satisfaction, and 
 in all cases the pavement shall be restored as speedily as pos- 
 sible and to the same condition as it was before. 
 
 Sec. 4. The right is hereby reserved to the city, at any 
 time, to direct any alteration in the location of poles or in the 
 
 310
 
 Appendix. Chap. XXXVI. 
 
 height at which the wires shall be run, or in any case the 
 said wires and poles shall at any time be deemed a nuisance 
 or obstruction by the city council, to remove the same en- 
 tirely. 
 
 Sec. 5. The said company shall at all times keep on de- 
 posit with the city treasurer the sum of not less than fifty 
 dollars, subject to the order of the city engineer, to be used 
 by him in restoring any sidewalk, gutter, street or pavement 
 displaced or injured in the erection, alteration or removal of 
 any pole of such company, whenever said company fails or 
 refuses to make such restoration to the satisfaction of the 
 committee on streets and alleys. 
 
 Sec. 6. The said company shall at all times permit the 
 city to use and occupy the top cross arm of any pole erected, 
 or to be erected, for fire, police or municipal telegraph pur- 
 poses, free of charge. 
 
 Sec. 7. That the said compan}^ shall become solely respon- 
 sible, and hold the city harmless against all damages grow- 
 ing out of the use of electricity as a motive power, under the 
 provisons of this ordinance. 
 
 [Approved December 6, 1887. 
 
 CHAPTER XXXVI. 
 
 GRANT TO FRANCIS D. ALLAN AND ASSOCIATES. 
 
 Section 1. That the right, privilege and franchise of con- 
 structing, maintaining and operating a street railway, with 
 all necessary switches, side-tracks and other suitable works 
 and structures, are hereby granted to Francis D. Allan, L. M. 
 Scott, H. Hubele, P. S. Wren, Ben Levy, J. Cotter, J. D. Saw- 
 yer, M. A. Davey, Louis Schmidt, J. W. Harris, C. D. Holmes, 
 M. Schram, C. B. Miller, E. Neuman, R. W. Wolston, E. E. 
 Seixas, J. N. Stowe, and their associates, upon and along the 
 following route, to-wit : Commencing at Nineteenth street, 
 through Postoffice street to Twenty-fourth street; from the 
 south side of Strand street through Twenty-fourth street to 
 Avenue H, through Avenue H to Twenty-eighth, through 
 Twenty-eighth to Avenue M, through Avenue M to Twenty- 
 ninth street, through Twenty-ninth street to Avenue O, 
 through Avenue O to Forty-first street, through I'^orty-first 
 
 311
 
 Chap. XXXVI. Appendix. 
 
 street to Avenue O, through Avenue Q to Twenty-sixth 
 street, through Twenty-sixth street to Avenue P>2, through 
 Avenue Vy^ to Nineteenth street, through, Nineteenth street 
 to Postoffice street, the place of beginning. That said Francis 
 D. Allan and associates shall have the right to form and or- 
 ganize under the laws of the State of Texas, and subject to 
 such regulations as the city may properly and legally pre- 
 scribe, an incorporated company, which company or the 
 grantees of this franchise, in consideration of this grant, shall 
 pay to the City of Galveston two per cent, of the gross re- 
 ceipts of said company or association, such payment to be 
 made semi-annually. 
 
 Sec. 2. That said rights, privileges and franchises are 
 hereby granted for the term of fifty years from the passage 
 of this ordinance, and upon the conditions that said Allan and 
 associates shall commence the construction of said line of 
 street railway on Twenty-fourth street within ninety days 
 from the passage of this ordinance, and shall continue the 
 construction of same through Twenty-fourth street to Avenue 
 H, through Avenue H to Twenty-eighth street, through Twen- 
 ty-eighth street to Avenue M, through Avenue ]\I to Twenty- 
 ninth street, through Twenty-ninth street to Avenue O, 
 through Avenue O to Forty-first street, through Forty-first 
 street to Avenue O, through Avenue Q to Twenty-sixth street, 
 and shall complete, equip and have the same in operation 
 within twelve months from and after the passage of this or- 
 dinance, and shall complete, equip and have in operation the 
 railroad on all the streets named herein within eighteen months 
 from and after the passage of this ordinance ; and upon further 
 condition that the cars used and the tracks and other struct- 
 ures shall be so constructed, kept up and operated as not to 
 obstruct or interfere with the convenient use of the streets by 
 vehicles and those on foot, and shall afiford ample accommoda- 
 tion for th« safe travel of the public; provided, that the said 
 Allan and associates, and any company to be hereinafter 
 formed for the purpose of exercising the privilege herein 
 granted, shall not consolidate the stock, property or fran- 
 chises of such company or association, by sale, purchase, lease 
 or otherwise, with any other street railroad company, or in any 
 
 312
 
 Appendix. Chap. XXXVI. 
 
 way be controlled by or control such other company, save and 
 except with the consent of the majority of the legal voters 
 of the City of Galveston, at an election to be ordered by the 
 city coiincil, the said company to pay the expenses of said 
 election. 
 
 Sec. 3. The grantees named and their successors shall at 
 all times keep the roadbed of said railway in good repair and 
 upon a level with the street, and when a street is raised 
 or lowered the company or grantees shall raise or lower 
 their track and roadbed to conform thereto, and shall at 
 all times pay all expenses of filling, grading, lowering, paving, 
 or otherwise changing, improving and maintaining the street 
 between their tracks ; and shall also construct and keep in 
 good repair all cross culverts, wherever the same may be 
 required by the city under their rail tracks, said culverts to 
 extend across the streets from sidewalk to sidewalk, all of 
 which work shall be done subject to the approval and under 
 the direction of the committee on streets and alleys and city 
 engineer, or other proper authority of said city; and when- 
 ever said grantees or their successors shall fail to construct 
 and keep in order th-e culverts, tracks and roadbed, as re- 
 quired by this ordinance, the city shall have the right to 
 cause them to be constructed or put in proper condition and 
 repair at the expense of said grantees or their successors, 
 and in the event of their refusal to pay the same, the city 
 may sue for the amount and forfeit their franchise. 
 
 Sec. -i. The rate of fare shall not exceed five cents for the 
 entire length of circuit of the road, or any part thereof, for 
 each person over the age of ten years. Only half fare shall 
 be collected from children over three and under ten years of 
 age, and no charge shall be made for carriage of children 
 under three years of age. 
 
 Sec. 5. The City of Galveston, through its proper officers, 
 or any person appointed by .it for that purpose, shall at all 
 times have the right of access to and examination of the books, 
 accounts and all records whatsoever of said grantees and 
 th-eir successors. 
 
 Sec. 6. A failure or refusal on the part of said grantees or 
 their- associates or successors to comply with any of the 
 
 313
 
 Chap. XXXYII. Appendix. 
 
 foregoing conditions and requirements, shall be cause of for- 
 feiture of the rights hereby conferred. 
 
 [Approved November 6, 1883. 
 
 CHAPTER XXXVII. 
 
 GRANT TO FRANCIS D. ALLAN AND ASSOCLATES. 
 
 Section 1. That the right, privilege and franchise of con- 
 structing, maintaining and operating a street railway, with 
 all necessary switches, sidetracks, and other suitable works 
 and structures, are hereby granted to Francis D. Allan. ]\I. L. 
 Scott, H. Hubele, P. S. Wren, Ben Levy. J. Cotter. J. D. 
 Sawyer, ]\I. A. Davey, Louis Schmidt, J. ^^^ Harris, C. D. 
 Holmes, ^l. Schram, C. B. ^Miller, E. Xeuman, R. \\\ Wolston, 
 E. E. Seixas, J. N. Stowe, and their associates, upon and 
 along the following route, to-wit : Commencing at Twentieth 
 street through Postoffice to Twenty-fourth street, from the 
 south side of Strand street through Twenty-fourth street to 
 Avenue R; provided, that it shall be at no cost to the city 
 of Galveston in condemning for public use the private property 
 of any citizen or citizens, from Twenty-fourth street out Ave- 
 nue H to Twenty-ninth street, through Twenty-ninth street 
 to Avenue O, through Avenue O to Forty-first street, through 
 Forty-first street to Avenue O, through Avenue Q to Twenty- 
 sixth street, through Twenty-sixth street to Avenue R. 
 through Avenue R to Twenty-fourth street from Avenue R 
 to Q, out O to Xineteenth street, on Xineteenth street to Ave- 
 nue H, through Avenue H to Twentieth street, through Twen- 
 tieth street to Postoffice street, the place of beginning, and 
 through Church street, commencing at its eastern boundary, to 
 Fortieth street, and th.rough Fortieth street to Avenue Q ; 
 provided, that the city shall be at no expense in condemning 
 private property for public use. That said Francis D. Allan 
 and associates shall have the right to form and organize, 
 under the laws of the State of Texas and subject to . such 
 regulations as the city may properly and legally prescribe, 
 an incorporated company, which company, or the grantees 
 of this franchise, in consideration of this grant, shall pay to 
 the city of Galveston two and one-half (2V2) per cent of the 
 net receipts of said company or association, such payment to 
 
 314
 
 Appendix. Chap. XXXVII. 
 
 be made semi-annually, and the books of the company shall 
 always be open to the city council or its proper officers for 
 inspection. 
 
 Sec. 2. That said rights, privileges and franchises are 
 hereby granted for the term of fifty years from the passage 
 of this ordinance, and upon the condition that said Allan and 
 associates shall commence the construction of said line of 
 street railway on Twenty-fourth street within ninety (90) 
 days from the passage of this ordinance, and shall continue 
 the construction of same through Twenty-fourth street to 
 Avenue H, through Avenue H to Twenty-ninth street, 
 through Twenty-ninth street to Avenue O, through. Avenue 
 O to Forty-first street, through Forty-first street to Avenue 
 Q, through Avenue O to Twenty-sixth street, and shall com- 
 plete, equip and have the same in operation within twelve 
 months from and after the passage of this ordinance, and 
 shall complete, equip and have in operation the railroad on 
 all streets named herein within eighteen months from and 
 after the passage of this ordinance, save and except that por- 
 tion of said railroad on Church street to Fortieth street and 
 through Fortieth street to Avenue Q, which said portion 
 shall be completed within two years from and after the pas- 
 sage of this ordinance ; provided, that said company may, at 
 any time, commence work at any point upon the herein 
 mentioned route, and may remove any temporary obstruc- 
 tions in the street wh-ich may hinder the building of said 
 road. The city of Galveston shall be held harmless in the 
 event of any conflict of rights of way between this and any 
 other street railway company. And upon the further con- 
 sideration that the cars used and the tracks and other struc- 
 tures shall be so constructed, kept up and operated as not 
 to obstruct or interfere with the convenient use of the streets 
 by vehicles and those on foot, and shall afford ample accom- 
 modation for the safe travel of the public ; provided, that the 
 said Allan and associates, and any company to be hereafter 
 formed for the purpose of exercising the privileges herein 
 granted, shall not consolidate the stock, property or fran- 
 chises of such company or association, by sale, purchase, lease 
 or otherwise, with any other street railway company, or 
 
 315
 
 Chap. XXXVIII. Appendix. 
 
 in any way be controlled by or control such other company, 
 save and except with the consent of the majority of the legal 
 voters of the city of Galveston, at an election to be ordered 
 by the city council, the said company to pay the expenses of 
 said election. 
 
 Sec. 3. The grantees named and their successors shall at 
 all times keep the roadbed of said railway in good repair and 
 upon a level with the street, and when a street is raised or 
 lowered the company grantees shall raise or lower th-eir track 
 and roadbed to conform thereto, and shall at all times pay 
 all expenses of filling, grading, lowering, paving or otherwise 
 changing, improving and maintaining the street between their 
 tracks; and shall also construct and keep in good repair all 
 cross culverts wherever the same may be required by the 
 city council, under their rail track, said culverts to extend 
 across the street from sidewalk to sidewalk, all of which 
 work shall.be done subject to the approval and under the di- 
 rection of the committee on streets and alleys and city engi- 
 neer, or other proper authority of said city; and whenever 
 said grantees or their successors shall fail to construct and 
 keep in order' the culverts, tracks and roadbed as required 
 by this ordinance, the city shall have the right to cause them 
 to be constructed or put in proper condition and repair at the 
 expense of said grantees or their successors, and in the event 
 of their refusal to pay the same, the city may sue for the 
 amount and forfeit this franchise. 
 
 [Approved March 5, 1884. 
 
 CHAPTER XXXVm. 
 
 GRANT TO THE GULF CITY STREET RAILWAY AND REAL ESTATE COMPANY. 
 
 First. That permission be and is hereby given to the Gulf 
 City Street Railway and Real Estate Company to continue 
 its Twenty-ninth street line out Twenty-ninth street to the 
 beach and to run a ime from Avenue O out Thirty-ninth 
 street to Avenue Q ; provided, the grantees named and their 
 successors shall at all times keep the roadbed of said railway 
 in good repair and upon a level with the street, and when a 
 street is raised or lowered, the company, or grantees, shall 
 raise or lower their track and roadbed to conform thereto, and 
 
 316
 
 Appendix. Chap. XXXIX. 
 
 shall at all times pay all expenses of filling, grading, lowering, 
 paving or otherwise changing, improving and maintaining 
 th-e street between their tracks and for thirty inches on each 
 side of said tracks, on the outside thereof, and this shall apply 
 to all lines of railway heretofore or hereafter constructed by 
 said grantees. 
 
 [Passed over Mayor's veto, April 22, 1884. 
 
 CHAPTER XXXIX. 
 
 GRANT TO THE GULF CITY STREET RAILWAY AND REAL ESTATE COMPANY. 
 
 Section 1. That the right, privilege and franchise of con- 
 struction, maintaining and operating a street railway, with 
 all the necessary switches, side-tracks and other suitable 
 works and structures, are hereby granted to the Gulf City 
 Street Railway and Real Estate Company upon and along 
 the following streets and avenues, viz : Avenues E, I and M 
 from their eastern limit to Fortieth street, on Avenue O from 
 Nineteenth street to Twenty-ninth street, on Twenty-eighth 
 street from Avenue E to Avenue H, on Twenty-eighth street 
 from Avenue O to the beach. From Avenue E on Thirty- 
 first, Thirty-third and Thirty-fifth street to the beach, on 
 Forty-first street from Avenue Q to the beach, and on Twelfth 
 street from Avenue M to the bay shore. 
 
 Sec. 2. That this grant or concession is made in connec- 
 tion with and as additional to former grants of the city 
 council of the city of Galveston to Francis D. Allan and 
 associates by ordinances approved November 6th, 1883, and 
 March 5th, 1884, subject to the same conditions as are ex- 
 pressed in said ordinances, and all privileges and rights of 
 way heretofore granted by other ordinances and resolutions. 
 
 Sec. 3. That this ordinance take effect and be in force 
 from and after its passage. If the company fails to keep the 
 road in running order after the same has been in operation, il 
 shall thereby forfeit, at the option of the city council, its 
 right of way on that street or avenue. 
 
 [Passed August 4, 1884. 
 
 317
 
 Chap. XL-XLa. Appendix. 
 
 CHAPTER XL. 
 
 GRANT TO GULF CITY STREET RAILWAY AND REAL ESTATE COMPANY 
 AND REVOKING GRANT TO GALVESTON CITY RAILWAY COMPANY, 
 
 OR people's railway company. 
 
 Section 1. That right of way be and the same is hereby- 
 granted to the Gulf City Street Railway and Real Estate 
 Company to construct and operate a line of street railway 
 on Church street, from Twenty-fourth street west to Thirty- 
 seventh street. 
 
 Sec. 2. That this grant shall be subject to the same con- 
 ditions mentioned in former ordinances granting rights of 
 way to said company. 
 
 Sec. 3. That the right of way heretofore granted to the 
 Galveston City Railway Company, or People's Railway Com- 
 pany, on said street be, and the same is, hereby revoked. 
 
 Sec 4. The Gulf City Railway and Real Estate Company, 
 in consideration of this grant, shall surrender their right of 
 way on Postofifice street, from Twenty-ninth street to Thirty- 
 seventh street. 
 
 [Approved September 9, 1885. 
 
 CHAPTER XLa. 
 grant to the gulf city street railway and real estate company. 
 
 Section 1. That right of way be and the same is hereby 
 granted to the Gulf City Street Railway and Real Estate Com- 
 pany to construct and operate a line of street railway on 
 Church street from Twenty-fourth street west to Thirty- 
 seventh street. 
 
 Sec. 2. That this grant shall be subject to the same con- 
 ditions mentioned in former ordinances granting rights of way 
 to said company. 
 
 Sec 3. That the right of way heretofore granted to the 
 Galveston City Railway Company, or People's Railway Com- 
 pany, on said street, be and the same is hereby revoked. 
 
 Sec 4. The Gulf City Railway and Real Estate Company, 
 in consideration of this grant, shall surrender their right of 
 way on Postoffice street from Twenty-ninth street to Thirty- 
 seventh street. 
 
 [Approved September 25, 1885. 
 318
 
 Appendix. Chap. XLI-XLTI. 
 
 CHAPTER XLI. 
 
 GRANT TO THE GULF CITY STREET RAILWAY AND REAL ESTATE COMPANY. 
 
 Section 1. That tlie right of way heretofore granted to the 
 Gulf City Street Railway and Real Estate Company to con- 
 struct, maintain and operate a street railway, with the neces- 
 sary switches, sidetracks and other suitable works and struc- 
 tures on Avenue H, and on Twenty-ninth street, is hereby 
 confirmed and ratified. 
 
 Sec. 2. That the right of way be and the same is hereby 
 granted the said Gulf City Street Railway and Real Estate 
 Company to construct, maintain and operate a street tailway, 
 with the necessary switches, side-tracks and other suitable 
 works and structures, from Avenue H north on Twenty-ninth 
 street to the bay, and on Avenue H west to Forty-first street. 
 
 Sec. 3. That the rights of way herein granted shall be 
 subject to the same conditions mentioned in former ordinances 
 granting rights of way to said company. 
 
 Sec. 4. That the right of way heretofore granted to the 
 Galveston City Railway Company, or People's Railway Com- 
 pany, over the streets herein mentioned, be and the same is 
 hereby revoked. 
 
 Sec 5. That in consideration of the grants herein made, 
 the Gulf City Street Railway and Real Estate Company shad 
 surrender its right of way on Thirty-third street and Avenue 
 P and Py.. 
 
 [Approved October 6, 1885. 
 
 CHAPTER XLH. 
 
 GRANT TO THE GULF CITY STREET RAILWAY AND REAL ESTATE COMPANY. 
 
 Section 1. That the right, privilege and franchise of con- 
 structing a street railway, with all necessary switches and 
 side-tracks, are hereby granted to the Gulf City Street Rail- 
 way and Real Estate Company upon and along Avenue PI, 
 from Twenty-fourth street to Seventh street, in the city of 
 Galveston ; provided, that this grant may be forfeited by the 
 city of Galveston upon so much of said right of way as shall 
 not be completed by June 1, 1886. 
 
 Sec. 2. That this grant is made in connection ^vith ano 
 as additional to former grants of the city council of the citv 
 
 319
 
 Chap. XLIII. Appendix. 
 
 of Galveston to Francis D. Allan and associates, by ordi- 
 nances approved November 6, 1883, and March o, 1884, and 
 subject to all the conditions as are expressed in said ordi- 
 nances. 
 
 [Approved April 22, 1886. 
 
 CHAPTER XLIII. 
 
 GRANT TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY. 
 
 Section 1. That there is hereby granted to the Gulf, Colo- 
 rado and Santa Fe Railway Company the right of ^ray f^r 
 their railway tracks for said company and for maintaining 
 and operating a steam railway thereon, with the necessary 
 sidetracks and switches, in the city of Galveston, as follows ' 
 Upon and along Avenue A from the western limits of the 
 city of Galveston to the eastern limits of said city ; also the 
 right to build and extend their railways and tracks from 
 Avenue B to Avenue A, and at any point or points between 
 the western limits of the city and Twenty-ninth street ; also 
 the right to lay its tracks upon and across all streets east 
 of Twentieth street and north of Avenue A to the channel 
 in the harbor; also the right to cross all streets and alleys 
 and the intersections thereof upon the lines and ways above 
 specified. 
 
 Sec. 2. The grant herein made shall extend only to so 
 much of the streets and alleys as the city of Galveston has 
 the right to grant to railroads under the laws of the State. 
 
 Sec. 3. The grant herein made shall not include any right 
 to enter upon any private property without the consent of the 
 owner thereof, or a legal condemnation of the same in ac- 
 cordance with the laws of the State. 
 
 Sec. 4. The rights, duties and obligations of said railroad 
 companies over the right of way herein granted shall be gov- 
 erned by the general laws of the State, when not otherwise 
 provided in this ordinance. 
 
 Sec. 5. The right to regulate the grade of said tracks and 
 crossings over the same at streets and alleys, for sanitary, 
 police or other municipal or economic purposes, over the 
 right of way herein granted, is specially reserved to the city 
 of Galveston, and in constructing and maintaining said tracks, 
 
 320
 
 Appendix. Chap. XLIII. 
 
 said company shall, as far as practicable, restore the streets 
 to the condition in which they now are, and shall at all inter- 
 sections of streets, where the streets are now filled, or may 
 be hereafter filled, erect and maintain suitable and sufficient 
 crossings over said tracks. 
 
 Sec. 6. That said railway company undertakes to hold 
 the city of Galveston harmless, and indemnify it against all 
 suits, costs, expenses and damages that may arise or grow 
 out of this grant, or by reason of its occupation and use of 
 the right of way herein granted. 
 
 Sec. 7. That said railway company shall permit switches 
 and connections to be made with their railway tracks by all 
 wharf owners and operators, upon the same or equal terms, 
 without discrimination. 
 
 Sec. 8. That the said railway company shall commence 
 their railway tracks along Avenue A within one year, and 
 complete the same as soon thereafter as practicable, unless 
 prevented by suit or process of law, in which latter event 
 the delay occasioned shall not be estimated or counted against 
 said company. 
 
 Sec. 9. That in the event said railway company shall pro- 
 ceed to construct, maintain and operate a railway over the 
 right of way herein granted, then any oth.er railway company 
 desiring to participate in the ownership and operation of the 
 same, may do so by paying an equal pro rata of the cost of 
 said railroad over said right of way ; and in case said rail- 
 way companies can not agree upon the cost of said railroad, 
 or upon terms satisfactory among themselves, then the same 
 shall be determined by a board of arbitration, consisting of 
 one arbitrator to be appointed by the city council of the city 
 of Galveston, and one arbitrator to be appointed by the rail- 
 way company or companies owning or operating the same, 
 and in case of the disagreement of said arbitrators, they shall 
 appoint an umpire to decide the matter. And should the 
 said railway company or companies refuse to appoint an 
 arbitrator when applied to, then in that case the city council 
 shall appoint two arbitrators, who shall proceed to determine 
 the matter as hereinbefore provided. It is the object of this 
 bcction to make a general railroad over the right of way 
 
 321
 
 Chap. XLIV. Appendix. 
 
 herein granted to th« end that all railway companies that 
 f.-ay now or hereafter terminate in Galveston, so desiring-, 
 may acquire equal rights in the ownership and operation of 
 said railroad. 
 
 [Approved February 21, 1888. 
 
 CHAPTER XLIV. 
 
 GRANT TO THE GULF, COLORARO AND SANTA FE RAILROAD COMPANY AND 
 THE GALVESTON, HOUSTON AND HENDERSON RAILROAD COMPANY. 
 
 Section 1. That the right of way upon Postoffice street 
 (or Avenue E) from Thirty-seventh street east to Twenty- 
 ninth street, and across all intervening streets, for the pur- 
 pose of constructing, maintaining and operating a steam rail- 
 way, with all necessary and proper sidings, is hereby granted 
 to the Gulf, Colorado and Santa Fe Railway and the Galveston, 
 Houston and Henderson Railroad Company. 
 
 Sec. 2. The rights and privileges aforesaid are granted to 
 said companies upon the condition that the construction of 
 said railway upon said street shall be commenced within 
 thirty days, and shall be completed within ninety days from 
 the passage of this ordinance; provided, the contemplated 
 sidings may be made at any time during the existence of this 
 grant; and upon the further condition that said companies 
 shall fill Postoffice street and its intersections, over which 
 the right of way is hereby granted, to grade satisfactory to 
 the city council; shall build and maintain culverts on Thirty- 
 third and Thirty-fifth streets intersections, substantially, and 
 to conform to those now crossing Market street, and maintain 
 said culverts in good order; shall keep the street used in good 
 order, and shall so construct the tracks and sidings that the 
 ties shall be bedded in and the tracks planked between the 
 rails level with the top of rail, and plank shall be placed out- 
 side of the rails flush to top of rail on each side of the entire 
 length of track; and construct and keep in repair all neces- 
 sary culverts and sluices along said track as the natural lay 
 of the land may require for the necessary drainage thereof; 
 and construct and maintain all crossings on a grade to ac- 
 commodate wagon traffic, as the city engineer may direct. 
 And if said companies fail to perform said conditions, they 
 
 322
 
 Appendix. Chap. XLV. 
 
 may be required to do so by order of the city council, and 
 if they still fail so to do after thirty days' notice of such 
 order, then all rights and privileges hereby granted are re- 
 voked, and said companies shall remove said track at once. 
 
 Sec. 3. The city shall not be responsible in any wise for 
 any damages whatsoever growing out of, or incident to, the 
 use of said street or intersections by said companies granted 
 by this ordinance. 
 
 Sec. 4. At any time after the expiration of ten years from 
 and after the passage of this ordinance, the city council may 
 revoke the rights and privileges hereby granted by giving 
 two (2) years' notice thereof to the said companies; and in 
 such event the said rights and privileges shall cease and 
 terminate two years after the service of the notice. 
 
 [Passed over Mayor's veto, September 7, 1885. 
 
 CHAPTER XLV. 
 
 GRANT TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY. 
 
 Section 1. That the right of way upon Strand street (or 
 Avenue B) from Twenty-ninth street east to Twenty-seventh 
 street, and across the intervening streets, for the purpose of 
 constructing, maintaining and operating a steam railway with 
 all necessary and proper sidings, is hereby granted to the 
 Gulf, Colorado and Santa Fe Railway Company. 
 
 Sec. 2. The rights and privileges aforesaid are granted 
 to said company upon the condition that the construction of 
 said railway shall be commenced within thirty (30) days 
 and shall be completed within ninety (90) da3^s after the pas- 
 sage of this ordinance ; provided, the contemplated sidings 
 may be made at any time during the existence of this grant. 
 And upon the further condition that the track shall be laid 
 upon the south side of said street, on a line parallel to track 
 now laid on said street between Thirtieth and Twenty-ninth 
 streets, and that the said company shall fill Strand street and 
 its intersections over which thic right of way is hereby granted, 
 to grade satisfactory to the city council; and build and main- 
 tain culverts on Twenty-eighth street substantially, to con- 
 form to those now in use, and maintain said culverts in good 
 
 323
 
 Chap. XLVI-XLVII. Appendix. 
 
 order; shall keep the street used in good order, and shall so 
 construct the track and sidings that the ties shall be bedded 
 in and the tracks planked between the rails level with top 
 of the rail, and plank shall be placed outside of the rails flush 
 to top of rail on each side of the entire length of track ; and 
 shall construct and keep in repair all necessary culverts and 
 sluices along said track as the natural lay of the land may 
 require for the necessary drainage thereof; and construct and 
 maintain all crossings on a grade to accommodate wagon 
 traffic as the city engineer may direct. And if said company 
 shall fail to perform said conditions, it may be required to 
 do so by order of the city council, and if it still fails to per- 
 form said conditions thirty (30) days after notice of such 
 order, then all rights and privileges hereby granted are re- 
 voked, and said company shall remove such track at once. 
 
 Sec. 3. The city shall not be responsible in anywise for 
 any damages whatsoever growing out of or incident to the 
 use of said street and intersections by said company granted 
 by this ordinance. 
 
 Sec. 4. At any time after the expiration of ten (10) years 
 from the passage of this ordinance the city council may re- 
 voke the rights and privileges hereby granted by giving two 
 (2) years' notice thereof to said company, and in such event 
 the said rights and privileges shall cease and terminate two 
 (2) years after the service of the notice. 
 
 [Passed August 17, 1885. 
 
 CHAPTER XLVI. 
 
 GRANT TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY. 
 
 Section 1. That the right of way on Postoffice street or 
 Avenue E, from Forty-fifth street east to Thirty-seventh 
 street, is hereby granted to the Gulf, Colorado and Santa Fe 
 Railway. 
 
 CHAPTER XLVH. 
 
 GRANT TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY AND 
 THE GALVESTON, HOUSTON AND HENDERSON RAILROAD COMPANY. 
 
 Whereas, the ground for the extension or opening of streets 
 between Thirty-seventh and Forty-fifth streets, from Avenue 
 
 324
 
 Appendix. Chap. XLVII. 
 
 E to Avenue B, and the ground for the extension or opening 
 of Avenues C and D, from Thirty-seventh street to Forty- 
 fifth street, within the present limits of the city, has never 
 been needed, opened, used or occupied for public streets, and 
 has been a long time occupied by the Galveston, Houston and 
 Henderson Railroad Company, for necessary railway pur- 
 poses, and for terminal facilities for their own and the public 
 convenience, without detriment to any private right or in- 
 terest; therefore. 
 
 Section 1. Be it ordained by the city council of the city 
 of Galveston, that the ground for the extension or opening of 
 streets between Thirty-seventh street and Forty-fifth, street, 
 from Avenue E to Avenue B, and the ground for the exten- 
 sion or opening of Avenues C and D, from Thirty-seventh to 
 Forty-fifth street, shall not be opened or occupied as public 
 streets or avenues so long as the same shall continue in the 
 actual occupancy and use of the Galveston, Houston and 
 Henderson Railroad Company and the Gulf, Colorado and 
 Santa Fe Railway Company, as at present occupied by each 
 respectively, exclusively for railroad purposes and terminal 
 facilities or by their successors or assigns. 
 
 WAIVER. 
 
 To the Honorable Mayor and City Council of Galveston : 
 
 To meet any objection that may be raised by your honor- 
 able body to the ordinance as passed at your last meeting, 
 authorizing the closing of streets from Thirty-seventh to 
 Forty-fifth, between Strand (Avenue B) and Postofifice (Ave- 
 nue E), and now occupied by the Galveston, Houston and 
 Henderson Railroad Company and the Gulf, Colorado and 
 Santa Fe Railway Company for depot grounds, machine shops, 
 car shops, etc., we respectfully state, as representatives 
 of said railway companies, that we waive all claims of title 
 to said street by possession, limitation or otherwise. 
 
 Very respectfully, 
 
 W. H. HARDING, 
 . Prest, G. H. & H. R. R. 
 GEO. SEALY, 
 Prest. G., C. & S. F. R'y. 
 Galveston, September 18, 1882. 
 25- 325
 
 Chaps. XLVIII-XLIX. Appendix. 
 
 CHAPTER XLVIII. 
 
 GRANT TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY. 
 
 Section 1. That the right of way be and is hereby granted 
 to the Gulf, Colorado and Santa Fe Railway Company on 
 Strand, in said city of Galveston, from Twenty-ninth street 
 to Sixtieth, street, with right to construct, operate and main- 
 tain upon that portion of said street its railway tracks, switches 
 and side-tracks. 
 
 Sec. 2. This ordinance is granted with the express under- 
 standing and agreement that the Gulf, Colorado and Santa Fe 
 Railway Company shall hold the city harmless against any 
 damages or costs which may be sustained by reason of the 
 passage of this ordinance. 
 
 Sec. 3. At any time after the expiration of ten (10) years 
 from the passage of this ordinance the city council may re- 
 voke the rights and privileges hereby granted by giving two 
 (2) years' notice thereof to said company ; and in such event 
 the said rights and privileges shall cease and terminate two 
 (2) years after the service of the said notice. 
 
 [Approved February 7, 1891. 
 
 CHAPTER XLIX. 
 
 GRANT TO THE GALVESTON JETTY RAILWAY COMPANY. 
 
 Section 1. That the right to construct, maintain, own, 
 operate and use, for a period of fifty years, a railroad with 
 such side-tracks, turn-outs and switches as may be necessary, 
 be and the same is hereby granted to the Galveston Jetty 
 Railroad Company from the intersection of Tenth street and 
 Avenue A, in the city of Galveston, to the east end of Gal- 
 veston island, and thence into the Gulf of Mexico as far as 
 the jurisdiction of this city may extend. 
 
 Sec 2. That the right of way is hereby granted over, along 
 and across any of the streets, alleys or other property owned 
 or controlled by the city of Galveston, lying north and east 
 of Tenth street, upon the line indicated upon the map hereto 
 attached and made part of this ordinance. 
 
 Sec. 3. This ordinance is granted with the express under- 
 standing and agreement that the Galveston Jetty Railroad 
 
 326
 
 Appendix. Chap. XLIXa. 
 
 Company shall hold the city harmless against any damage 
 or cost it may snstain by reason of the passage of this ordi- 
 nance. 
 
 [Approved February 23, 1888. 
 
 CHAPTER XLIXa. 
 
 GRANT TO THE GALVESTON JETTY RAILWAY COMPANY. 
 
 Section 1. That the right to construct, maintain, own, 
 operate and use, for a period of fifty years, a railroad along 
 Avenue A, be and the same is hereby granted to the Gal- 
 veston Jetty Railway Company from the intersection of Tenth 
 street and Avenue A, in the city of Galveston, westwardly 
 along said avenue to Fifty-sixth street. 
 
 Sec. 2. This ordinance is granted with the express under- 
 standing and agreement that the Galveston Jetty Railway 
 Company shall hold the city harmless against any damage 
 or cost it may sustain by reason of the passage of this ordi- 
 nance. 
 
 Sec. 3. That in the event said railway company shall pro- 
 ceed to construct, maintain and operate a railroad over the 
 right of way herein granted, then any other railroad desiring 
 to participate in the ownership and operation of the same, 
 mav do so by paying an equal pro rata of the cost of said 
 railroad over said right of way ; and in case said railroads 
 can not agree upon the cost of said railroad, or upon terms 
 satisfactory among themselves, then the same shall be de- 
 termined by a board of arbitration consisting of one arbi- 
 trator to be appointed by the city council of the city of Gal- 
 veston, and one arbitrator to be appointed by the railroad 
 company or companies owning and operating the same, and 
 in case of the disagreement of said arbitrators they shall ap- 
 point an umpire to decide the matter. And should the said 
 railway compau}^ or companies refuse to appoint an arbitrator 
 when applied to, then, in that case, the city council shall ap- 
 point two arbitrators who shall proceed to determine the 
 matter as hereinafter provided. It is the object of this sec- 
 tion to make a general railroad over the right of way herein 
 granted, to the end that all railway companies that may now 
 
 327
 
 Chaps. L-LL Appendix. 
 
 or hereafter terminate in Galveston, so desiring, may acquire 
 equal rights in the ownership and operation of said railroad. 
 
 [Approved FebiMiary 23, 1888. 
 
 CHAPTER L. 
 
 GRANTING THE RIGHT OF WAY ON AVENUE A TO THE GALVESTON, BRAZOS 
 AND COLORADO NARROW GAUGE RAILWAY COMPANY. 
 
 Section 1. That the right and privilege for constructing 
 and operating a line of railway from its present terminus 
 on Ninth street, is hereby granted to the Galveston, Brazos 
 and Colorado Narrow Gauge Railway Company, for connec- 
 tion with the railroads and wharves in the city of Galveston 
 on Avenue A. 
 
 Sec. 2. That the said railway shall be so constructed, 
 caintained and operated as not to obstruct or hinder the free 
 and convenient use of Avenue A. 
 
 CHAPTER LI. 
 
 TO GRANT THE RIGHT OF WAY THROUGH THE CITY OF GALVESTON TO THE 
 TEXAS AND MEXICAN RAILWAY COMPANY. 
 
 Section 1. That the right of way into, through and around 
 the city of Galveston, upon and across the lines, streets, alle3'S 
 and intersections thereof hereinafter mentioned, for the pur- 
 pose of laying, maintaining and operating a steam railway, 
 with all necessary and proper sidings, switches and turn- 
 outs, is hereby granted unto the Texas ]Mexican Railway Com- 
 pany. That is to say: Beginning at or near the intersection 
 of Avenue Y and Fifty-seventh street, thence on a line parallel 
 with the Gulf of Mexico, and at a distance therefrom of not 
 more than two hundred yards from the mean low ti.^e, to 
 Fourth street; or, beginning at the intersection of Avenue N' 
 and Fifty-seventh street, thence on said Avenue N to Fourth 
 street; the said railway company having the privilege of 
 either of said routes, but not both of them. 
 
 Sec. 2. Said company shall also have the right of way, as 
 aforesaid, and the same is hereby granted, to lay, construct, 
 maintain and operate such railway, with all necessary sidings, 
 switches and turnouts, upon Ninth street from Avenue N to 
 
 328
 
 Appendix. Chap. LII. 
 
 Avenue A, and upon Avenue A to connect with all wharves 
 and railroads upon or connecting with said Avenue A. 
 
 Sec. 3. Said company shall also have the right of way, as 
 aforesaid, and the same is hereby granted, upon Seventh street 
 or Eighth street, whichever it shall elect, but not upon both 
 of them, from Avenue N to Avenue A, and upon Avenue A 
 to connect with track of said company at the intersection of 
 Avenue A and Xinth street ; also the right of wa}' aforesaid 
 on Thirty-seventh street, from track of said company upon 
 or south of Avenue N, as the case may be, to Galveston bay. 
 
 Sec. 4. Said company shall also have the right of way, as 
 aforesaid, and the same is hereby granted, from Fifty-seventh 
 street to the w^est side of Bath avenue, and upon either 
 Avenue E, or Avenue F, or Avenue G, whichever may be 
 selected by said company, but shall not have such right of 
 wa}^ upon more than one of them. 
 
 Sec. 5. The rights and privileges aforesaid are granted 
 to said companv upon condition that within two years after 
 the passage of this ordinance, it shall construct, complete, 
 equip, and have in running order, and shall thereafter con- 
 tinuously maintain and operate a first-class narrow gauge 
 railroad from the city of Galveston to the town of Laredo, 
 upon the Rio Grande river; and if said railway shall not be 
 so constructed, completed, equipped, and in running order 
 w'ithin said two years, or if thereafter said company, or its 
 successors, shall, for a period of six months, fail to operate 
 and maintain said raihvay in the customary and usual man- 
 ner, then said rights and privileges shall immediately cease 
 and determine. 
 
 CHAPTER LII. 
 
 GRANT TO THE GALVESTON AND WESTERN RAILROAD COMPANV. 
 
 Section 1. That the rights of way heretofore granted in 
 the city of Galveston to the Galveston, Brazos and Colorado 
 Narrow Gauge Railway Company and to the Texas Mexican 
 Railwa}' Company, on Xinth street, from Avenue A to Avenue 
 N ; thence along Avenue X^ to Thirty-seventh street ; thence 
 along Thirty-seventh street to Avenue T ; thence westwardly 
 
 329
 
 Chap. LIL Appendix. 
 
 along Avenue T to Fifty-fifth street, with the right to curve 
 south and west at any point west of Fiftieth street, be and 
 the same are hereby confirmed. The right to construct, 
 maintain, own and operate a railroad with either broad or 
 narrow gauge tracks, or both, and with such sidetracks, turn- 
 outs and switches as may be necessar}', be and the same are 
 hereby granted to the Galveston and Western Railway Com- 
 pany, as the successor of said railway companies, over and 
 along the above mentioned streets, and on Avenue N west 
 from Thirty-sixth street, with the right to curve northwardly 
 from Avenue N, at any point west of Fortieth street, into 
 Forty-third street, or at any street west of and parallel to 
 Forty-third street that said railway company may select and 
 occupy; thence northwardly down the street selected, with 
 th.e right to connect with tracks of the Galveston, Houston 
 and Henderson Railway, and the Gulf, Colorado and Santa 
 Fe Railway, at any point west of Forty-third street. That 
 the said railway company shall construct, operate and main- 
 tain its railway on the streets over which the right of way 
 is hereby confirmed and granted within one year from the 
 date hereof, otherwise the rights herein granted sh.all be 
 forfeited. 
 
 Sec. 2. The right is hereby granted to said railway com- 
 pany to curve from Ninth street into Avenue X ; frpm Ave- 
 nue N into Thirty-seventh street, and from Thirty-seventh 
 street into Avenue T, upon any degree of curxature not less 
 than three degrees, which said railway company may deter- 
 mine upon, with the right to come into Avenue A and connect 
 with any or all railroads now, or that may hereafter be con- 
 structed on that street, with the further right to curve into and 
 construct, maintain, own and operate its railroad on Post- 
 office street or on Church street, from Fortv-third street west- 
 wardly to the western limit of the city. The said railway 
 company shall construct their railway over Church or Post- 
 office street, as in this section granted, within one year from 
 date hereof, otherwise the right to build on said streets shall 
 be forfeited. 
 
 Sec. 3. There is also hereby granted to said Galveston 
 and Western Railway Company the right to construct, own. 
 
 :i30
 
 Appendix. Chap. LIT. 
 
 operate and maintain a railroad over and along Avenue N 
 from Thirty-seventh street to the western limits of the city, 
 with the right to curve southwardly from Avenue X into 
 and thence along any street west of Fortieth street ; thence 
 westwardly into and thence along any avenue to the western 
 limits of the city; with the right also to curve southwardly 
 from the avenue selected into and thence along any street 
 west of Forty-third street, thence to a connection with its 
 present line. 
 
 Sec. 4. The grant herein made shall extend only to so 
 much of the streets and alleys as the city of Galveston has 
 the right to grant to railroads under the laws of the State. 
 
 Sec. 5. The grant herein made shall not include any right 
 to enter upon any private property without the consent of 
 the owner th-ereof, or a legal condemnation of the same in 
 accordance with the laws of the State. 
 
 Sec. G. The rights, dv;ties and obligations of said railway 
 compau}' over the right of way herein granted shall be 
 governed by the general laws of the State, when not otherwise 
 provided by the ordinances of the city. 
 
 Sec. 7. The right to regulate the grade of said tracks and 
 crossings over the same at streets and alleys, for sanitary, 
 police or other municipal or economic purposes, over the right 
 of way herein granted, is specially reserved to the city of 
 Galveston and in constructing and maintaining said tracks, 
 said company shall conform to and be governed by the 
 ordinances of the city, restore the streets to the condition 
 required by the same, and shall at all intersections of streets, 
 where the streets are now used, or may be hereafter used, 
 erect and maintain suitable and sufficient crossings over said 
 tracks. 
 
 Sec. 8. That in the event said railway company shall 
 proceed to construct, maintain and operate a railway over 
 the right of way herein granted, then any other railway com- 
 pany desiring to participate in the ownership and operation of 
 same may do so by paying an equal pro rata of the cost of 
 said railroad over said right of way ; and in case said railway 
 companies can not agree upon the cost of said railroad, or 
 upon terms satisfactory among themselves, then the same 
 
 331
 
 Chap. LIII. Appendix. 
 
 shall be determined by a board of arbitration, consisting of 
 one arbitrator to be appointed by the City of Galveston, and 
 one arbitrator to be appointed by the railwa}'- company or 
 companies owning or operating the same ; and, in case of 
 disagreement of said arbitrators, they shall appoint an umpire 
 to decide the matter ; and should the said railway company or 
 companies refuse to appoint an arbitrator when applied to, 
 then, in that case, the city council shall proceed to appoint two 
 arbitrators, who shall proceed to determine the matter as here- 
 inbefore provided. It is the object of this section to make a 
 general railroad over the right of way herein granted, to the 
 end that all railway companies that may, now or hereafter, ter- 
 minate in Galveston, so desiring, may acquire equal rights 
 in the ownership and operation of said railroad. 
 
 Sec. 9. That said railway company undertakes to hold the 
 city of Galveston harmless, and indemnify it against all suits, 
 costs expenses and damages that may arise or grow out of this 
 grant, or by reason of its occupation and use of the right of 
 way herein granted. 
 
 Sec. 10. That all the privileges, rights, grants, etc., under 
 this ordinance, shall be forfeited, if the said railway company 
 fails to extend and build their road across the bay within five 
 years from the passage of this ordinance. 
 
 [Approved March 8,1889. 
 
 CHAPTER LIII. 
 
 GAS GRANT TO ALFRED F. JAMES AND HIS ASSOCIATES AND SUCCESSORS. 
 
 Section 1. Alfred F. James and Ephraim McLean, and 
 such persons as they may hereafter associate with them, their 
 successors and assigns, be and are hereb}- authorized to use 
 the streets, lanes, alleys and public grounds of the city of 
 Galveston, for the term of twenty-five years, for the purpose 
 of laying down, in the streets, lanes, alleys and public grounds, 
 pipe for conveyance of gas in and through said city, for 
 the use of said city and its inhabitants ; provided, said gas 
 pipes shall not interfere with the drainage of the city by 
 the necessary construction of sewers or other underground 
 fixtures for the conveyance of water within said city. Nor 
 
 332
 
 Appendix. Chap. LIII. 
 
 shall the inhabitants thereof be liable for damages for the 
 necessary disturbance of said pipe on account of any improve- 
 ments in the drainage of the streets, lanes, alleys or public 
 grounds of said city, or in the construction of any public 
 work. 
 
 Sec. 2. Whenever the said Alfred F. James and Ephraim 
 IMcLean, and their associates, successors and assigns, shall 
 at any time propose to open any street, lane, alley or public 
 ground for the purpose of laying down gas pipe, they shall 
 give the city surveyor, or the mayor of said city if there be 
 no surveyor, three days' notice thereof, and shall not, dur- 
 ing the progress of the work, unnecessarily obstruct the pas- 
 sage of said streets, etc. And, further, they shall, within a 
 reasonable time, repair such parts of any street, lane or alley, 
 as they may have broken up for such purpose, in such man- 
 ner as shall be acceptable to the proper corporate authorities 
 of said city. 
 
 Sec. 3. In consideration of the privileges granted to Al- 
 fred F. James and Ephraim ]^IcLean, their associates, suc- 
 cessors and assigns, they shall furnish to the said city, if 
 required, upon the streets, lanes and public grounds, in or 
 through which the leading or main pipes shall be laid for 
 the purpose of supplying the citizens with gas, such quantity 
 of gas as may be required by the city council for public lamps, 
 at a price not exceeding that charged to private individuals 
 by this or any other company hereafter to be established, 
 which gas, whenever required by said city, said corporate 
 authorities shall take from said Alfred F. James and Ephraim 
 McLean, their associates, successors and assigns, the lamp 
 posts, meters and lamps being furnished at the expense of 
 the city. 
 
 Sec. 4. Said Alfred F. James and Ephraim McLean, their 
 associates, successors and assigns, shall be and are hereby 
 authorized to charge the inhabitants of said city for the gas 
 furnished by them, not exceeding seven dollars for every one 
 thousand feet. 
 
 Sec. 5. Temporary failure on the part of said Alfred F. 
 James and Ephraim McLean, their associates, successors and 
 assigns, to perform any of the conditions exacted of them.
 
 Chap. LIII. Appendix. 
 
 when such failures are occasioned by accident or otherwise 
 untoward events, shall not work a forfeiture of their privi- 
 lege, provided that such accidents or events be remedied or 
 repaired within a reasonable time. 
 
 Sec. 6. That the mayor be authorized and required to enter 
 into a written contract on the part of the corporation of the 
 city of Galveston, with the parties before mentioned, under 
 and in accordance with the provisions hereof, and for the 
 purpose of carrying out the provisions of the same ; and the 
 contract to be entered into by virtue thereof shall be con- 
 sidered as applying to said parties, and such other persons 
 as they may from time to time associate with them, their suc- 
 cessors and assigns ; and in case said persons shall procure 
 an act of incorporation from the legislature of the State 
 of Texas, in relation to the purposes herein contemplated, 
 then this ordinance and the contract herein contemplated 
 shall be applicable to and considered as if made with such 
 corporate body. 
 
 Sec. 7. Any person, corporation or association of per- 
 sons, having been thereto specially authorized by ordinances 
 of the city council, that has heretofore erected and established, 
 or that may hereafter erect and establish, gas works to light 
 the dwellings and buildings of the inhabitants of said city 
 with gas, be and are hereby authorized to use the streets, 
 sidewalks, alleys and public grounds of said city for the pur- 
 pose of laying down beneath the surface thereof pipe for the 
 conveyance of gas in and through, the said city, for the use of 
 said city and its inhabitants ; provided, that gas pipes shall not 
 be laid or placed so as to interfere with the drainage of said 
 city, by the necessary construction of sewers or other un- 
 derground fixtures as receptacles of water, or for the con- 
 veyance of water within said city. Nor shall said city, or 
 the inhabitants thereof, be liable in damages for the nec- 
 essary disturbance of said gas pipe, by reason of an.v improve- 
 ment in the drainage of said streets, sidewalks, alleys or public 
 grounds; provided further, that any person, corporation or 
 association of persons so using said streets, sidewalks, alleys 
 or public grounds shall not obstruct the passage thereof, while 
 preparing for and laying down said pipe, and shall not break 
 
 334
 
 Appendix. Chap. LIU. 
 
 nor open any such street, sidewalk, alley or public ground 
 to any greater extent than may be necessary to lay down the 
 pipe already on the ground where the same is to be laid, 
 and shall immediately proceed to repair said street, side- 
 walk, alley or public ground, and fill up any excavation so 
 made therein, to the satisfaction of the city engineer of said 
 city. It shall not be lawful for any person, corporation or 
 association of persons, under any pretext whatever, to erect 
 and establish, or to attempt to erect and establish, gas works 
 of any kind whatever within said city, unless the erection 
 and establishment thereof shall have been specially author- 
 ized by ordinance, as aforesaid. Any person or persons, cor- 
 poration or association of persons, violating or failing to com- 
 ply with any of the provisions of this section, and any and all 
 persons who shall aid and assist in such violation, shall, on 
 due conviction thereof, be fined in a sum of not less than five 
 (5) nor more than fifty (50) dollars, and if said fine be not 
 paid, shall be imprisoned for a period of not less than five 
 nor more than thirty days. 
 
 Sec. 8. Whenever au}^ such persons, corporation or as- 
 sociation of persons, having been authorized by ordinance to 
 erect and establish gas works, shall propose to open any street, 
 sidewalk, alley or public ground for the purpose of laying 
 down gas pipe, two days' notice of said intention shall 
 be given to the mayor before such work shall be commenced, 
 who shall issue a permit for such purpose, without which per- 
 mit no street, sidewalk, alley or public ground shall be so 
 opened. Any person or persons, corporation or association of 
 persons, who shall open or attempt to open any street, side- 
 walk, alley or public ground within said city for the purpose 
 of laying down gas pipes, without having given said two 
 days' notice of his or their intention to open said street, side- 
 walk, alley or public ground for such purpose, and without 
 having procured the said permit therefor, shall be fined for 
 each and every opening of, and for each and ever attempt 
 to open, said street, sidewalk, alley or public ground, in a 
 sum of not less than five nor more than fifty dollars ; and if 
 said fine be not paid shall be imprisoned for a period of not 
 less than five nor more than thirty days; and such person 
 
 835
 
 Chap. LIV. Appendix. 
 
 or persons, corporation or asosciation of persons, shall at once 
 proceed to and repair such parts of said streets, sidewalks, al- 
 leys or public grounds opened or attempted to be opened for 
 such purpose, at their own expense, under the supervision 
 and to the satisfaction of the city engineer of said cit}^ and 
 upon their failure so to do, shall be subjected to the same 
 fines and penalties as are hereinbefore provided for the vio- 
 lation of the former provisions of this section. 
 
 Sec. 9. The corporation of said city of Galveston will, in 
 the purchase of gas for the public lamps, give preference to 
 the person, association or incorporation who shall first com- 
 plete the required gas works to supply the inhabitants with 
 gas; provided, that the price to be charged shall not exceed 
 that for which gas of equal quality and fitness can be obtained 
 of other persons, associations or incorporations authorized to 
 erect and establish gas works in said city. 
 
 Sec. 10. It shall not be lawful for any person, associa- 
 tion or incorporation to establish or erect any gasometer, or 
 other building for generating gas, east of Thirty-first street. 
 
 CHAPTER LIV. 
 
 GRANT TO THE TEXAS STAR FLOUR MILLS. 
 
 Section 1. That the Texas Star Flour ^lills, a corporation 
 organized under the laws of Texas, be and they are hereby 
 authorized to erect and construct, on the south half of block 
 number seven hundred and forty (740), in the city of Gal- 
 veston, a grain elevator or elevators, of the capacity of not 
 less than one hundred thousand bushels of grain, of such ma- 
 terial as is hereinafter named. 
 
 Sec. 2. That th-e Texas Star Flour Mills be and they are 
 hereby authorized to lay down railway tracks and switches, 
 for the purposes of their business, on the following streets and 
 alleys in the city of Galveston, to-wit: On Avenue A, be- 
 tween Twentieth and Twenty-first streets ; on the alley run- 
 ning east and west in block No. 740, and across Twentieth 
 and Twenty-first streets, and such other streets as may be 
 necessary so as to make connections with the system of rail- 
 way tracks and switches operated and maintained by the Gal- 
 
 336
 
 Appendix. Chap. LV. 
 
 veston Wharf Company. Th« Texas Star Flour Mills, as a 
 condition precedent to the grant contained in this section, 
 undertakes and agrees to indemnify and hold harmless the city 
 of Galveston against all suits, claims, loss, damage or ex- 
 pense, in any manner growing out of this grant. 
 
 Sec. 3. That the Texas Star Flour Alills are hereby au- 
 thorized to erect and construct spouts and grain conveyors 
 from said elevator or elevators to their mill and to the edge 
 of the channel of the bay, so as to, enable them to load ves- 
 sels at the wharves with grain from the elevator. Said grain 
 conveyors and spouts, in the event of crossing any street, 
 shall be constructed at an elevation of at least twenty-five 
 feet above the established grade of the street, and shall be 
 constructed in accordance with the ordinances of the city reg- 
 ulating the construction of roofs within the fire limits of the 
 city. 
 
 Sec. 4. That the Texas Star Flour Mill shall construct 
 said elevator or elevators with walls of wood built upon a solid 
 wall of brick. The walls shall be covered with either cor- 
 rugated sheet iron, patent sheet iron shingles or slate and 
 the roof shall be constructed of fire-proof material in accord- 
 ance with the requirements of the city ordinances regulating 
 the construction of roofs within the fire limits of the city. 
 
 [Approved November 5, 1886. 
 
 CHAPTER LV. 
 
 THE TEXAS STAR FLOUR MILLS. 
 
 Section 1. That the Texas Star Flour Mills be and they 
 are hereby, in addition to the buildings heretofore constructed 
 by them under the provisions of said ordinance on lots Nos. 
 1 and 3, block No. 680, city of Galveston, authorized to erect 
 on the above mentioned ground, including lot No. 3 of the 
 same block, of light material, such other and additional iron- 
 clad building or buildings, to be used for warehouse, storage 
 and general mill purposes, as shall be adequate for their said 
 business. 
 
 [Passed June 5, 1882. 
 
 337
 
 Chaps. LVI-LVIIl. Appendix. 
 
 CHAPTER LVI. 
 
 GRANT TO W. F. LADD AND HIS ASSOCIATES. 
 
 Section 1. That W. F. Ladd and his associates are hereby 
 granted the right to build and construct, in connection with 
 their cotton warehouse, a gallery and awning over the full 
 width of the sidewalks surrounding the west half of block five 
 hundred and nine in the city of Galveston. 
 
 Sec. 2. The floor of the gallery shall be constructed of 
 plank, not less than two inches thick, and supported by pil- 
 lars or posts mortised or let into the curbing, and at an eleva- 
 tion of not less than ten feet from th^ pavements. Said gal- 
 lery shall be of sufficient strength to maintain and support a 
 pressure of at least ten tons. The awning above the gallery 
 shall be covered with fire-proof material, and the gallery and 
 awning shall at all times be kept in good repair, neatly painted 
 and in safe condition. 
 
 [Approved May 7, 1887. 
 
 CHAPTER LVH. 
 
 GRANT TO SAMSON HEIDENHEIMER AND HIS ASSOCIATES. 
 
 Section 1. That the ground for the extension of Forty- 
 fourth street, between Avenues C and D, in the city of Gal- 
 veston, is hereby granted to Samson Heidenheimer, liis as- 
 sociates and successors, for railway terminal facilities, and for 
 the erection of a cotton seed oil mill, subject to the consent 
 of the Gulf, Colorado and Santa Fe Railway and the G., H. 
 & H. Railway, until such time as the city council may elect 
 to open said street as a public thoroughfare by an ordinance 
 duly passed by the city of Galveston. 
 
 Sec. 2. That the said Samson Heidenheimer shall file with 
 the city clerk a written acceptance of this ordinance, before 
 the same shall take effect. 
 
 [Approved July 22, 1887 
 
 CHAPTER LVni. 
 
 GRANT TO GALVESTON BAGGING AND CORDAGE COMPANY. 
 
 Section 1. That there is hereby granted to the Galveston 
 Bagging and Cordage Company of the City of Galveston, 
 the right to use and occupy Thirty-ninth and Fortieth streets, 
 
 338
 
 Appendix. Chap. LIX. 
 
 between Avenue F and Avenue G. for the construction, opera- 
 tion and maintenance of a bagging and cordage factory ; also 
 the use of the sidewalk on Avenue F on the north side of 
 blocks 398, 399 and 400, for the purpose of placing a switch 
 or railroad track in connection with said factory ; provided, 
 that the city of Galveston reserves the right to open said 
 streets and sidewalks whenever the convenience of the citi- 
 zens may demand it. 
 
 Sec. 2. That, in order to make railway connection with 
 said factory, to be constructed on blocks 398, 399 and 400, 
 there is hereby granted to the said Galveston Bagging and 
 Cordage Company the right to lay down, use, operate and 
 maintain a railway track or switch on Avenue F, from Thirty- 
 fifth street west, with the right to make connections with the 
 Galveston, Houston and Henderson and the Gulf, Colorado 
 and Santa Fe Railway Companies, at such places as may be 
 most convenient ; provided, said railway companies consent 
 to the same. 
 
 Sec. 3. That this ordinance shall take effect from and 
 after its passage, and upon the said Galveston Bagging and 
 Cordage Company filing with the city clerk their acceptance 
 of the terms and provisions of this ordinance. 
 
 [Approved September 6, 1887. 
 
 CHAPTER LIX. 
 
 DONATION BY REBECCA SEALY AND GEORGE SEALY, EXECUTORS OF JOHN 
 SEALY, DECEASED, AND ACCEPTANCE BY THE CITY. 
 
 Whereas, Rebecca Sealy and George Sealy, executors of 
 the late John Sealy, have submitted to the city council of 
 the city of Galveston a tender and proposition in writing, in 
 terms following, to-wit : 
 
 Galveston, May 12, 1887. — To the Honorable, the City 
 Council of the City of Galveston. Gentlemen : Th€ ex- 
 ecutors of the late Mr. Sealy, in order to carry into effect 
 his legacy toward an establishment of usefulness or charity 
 in Galveston, to be of most service, have concluded to tender 
 to your honorable body the sum of fifty thousand dollars, to 
 be used in the erection of a building for a medical hospital, on 
 the grounds to be furnished by the city. 
 
 339
 
 Chap. LTX. Appendix. 
 
 This amount, on your acceptance thereof, and your appoint- 
 ment of a building committee to adopt a plan and superin- 
 tend construction, will be paid on the check of the ch^iirman, 
 or in such manner as you may designate. No further re- 
 sponsibility for any amount, nor further connection with the 
 building is intended by the executors. 
 
 The only condition placed upon the donation is that, so 
 long as the hospital remains under the administration of the 
 city, it should be rendered more useful to the indigent sick 
 of the city, under the regulations deemed best by you for 
 that object. Should the medical department of the Texas 
 State University be practically established at Galveston, as 
 the State Constitution requires, and should you deem it proper 
 to transfer the same to the university, for its benefit, you 
 have the consent of the executors to such action as your 
 wisdom shall dictate. Very respectfully, 
 
 REBECCA SEALY, 
 GEORGE SEALY, 
 
 Executors. 
 
 And whereas, it is considered that the acceptance of said 
 tender and proposition on behalf of the city of Galveston is 
 demanded by the interests and will be promotive of the health 
 of the inhabitants thereof; therefore, 
 
 Section 1. Be it ordamed by the city council of the city 
 of Galveston, that the certain tender and proposition, herein- 
 before recited, of Rebecca Sealy and George Sealy, executors 
 of the late John Sealy, to deliver to th« city council, upon 
 the terms and conditions and for the purposes herein named, 
 the sum of fifty thousand ($50,000) dollars, be and the same 
 is hereby accepted. 
 
 Sec. 2. That the following named citizens of said city, 
 nominated by the mayor and confirmed by the passage of 
 this ordinance, viz: Charles Fowler, Dr. J. F. Y. Paine, J. 
 Reymershofifer, J. P. Davie and Dr. C. W. Trueheart, are to 
 constitute a building committee, styled committee on building 
 Sealy hospital, with full power to act, to carry out the ob- 
 ject of the munificent gift of the executors of John Sealy, 
 
 340
 
 Appendix. Chap. LX. 
 
 as in their judgment they may deem best, and with the au- 
 tliority to receive and disburse the said funds. 
 
 Sec. 3. That south half of block six hundred and sixty- 
 eight, where the present frame hospital building stands, is 
 hereby dedicated for the use and erection of the Sealy hospital. 
 
 [Approved September 6, 1887 
 
 CHAPTER LX. 
 
 GRANT TO ISAAC HEFFRON, HIS ASSOCIATES AND SUCCESSORS. 
 
 Section 1. That there is hereby granted to Isaac Hef- 
 front, his associates and successors, the right to construct, 
 lay down, maintain and operate a sj^stem of sewerage pipes 
 in the streets and alleys of the city of Galveston, as follows: 
 
 A twelve-inch pipe from the channel of the bay along Twen- 
 tieth street to the south side of Avenue H, and six and eight- 
 inch lateral pipes through all alleys, between Eighteenth street 
 on the east, and Twenty-third street on the west, between 
 the channel of the bay and Avenue H, together with the right 
 to cross all streets within the aforesaid limits, at the inter- 
 section of the alleys with the streets. 
 
 Sec. 2. That cast-iron pipes shall be used from the outlet 
 of Said Twentieth street, extending from the channel of the 
 bay to the present bulkhead. The balance of the piping, both 
 main and lateral, shall be constructed and laid with first- 
 class, well-seasoned, hub-joint cement pipe, thoroughly glazed 
 on the inside with a composition of asphaltum and tar. 
 
 Sec. 3. That said sewerage pipes shall be laid at such 
 depths below the grade of the street and alleys as shall be de- 
 termined by the city engineer, and upon such grades as shall 
 secure the easy and speedv flow and expulsion of all sewerage 
 matter under a proper system of flushing. 
 
 Sec. -1. That said sewerage pipes shall be furnished with 
 all such valves, water taps, man holes, ventilators, and other 
 devices as shall be necessary to secure a safe and wholesome 
 system of sewerage. 
 
 Sec. 5. That, whenever said grantees shall determine to 
 open any street or alley for the purpose of laying down any 
 pipe, two days' notice of said intention shall be given to the 
 9fi_ 341
 
 Chap. LX. Appendix. 
 
 mayor before such work shall be commenced, who shall issue 
 a permit for such purpose, to cover not more than one square, 
 or 380 feet, in an}^ one permit ; and no new permit shall be 
 granted by the mayor until the laying of pipe under the pre- 
 ceding permit has been completed and the surface of the 
 street, including pavements, is restored to its original con- 
 dition, to the satisfaction of the city engineer. 
 
 Sec. 6. That said grantees shall lay down their said pipes 
 and restore the surface of the streets and alleys to their orig- 
 inal condition at their own expense, and to the satisfaction of 
 the city engineer, and in any case where said grantees shall 
 fail to restore the surface of the street as herein required, 
 the same may be done by the city at the expense of said 
 grantees, which expense shall be a lien on said sewerage sys- 
 tem until paid. 
 
 Sec. 7. That said grantees shall cause to be made and 
 filed in the office of the city engineer a map of the territory 
 herein described, and the city engineer shall plat on said map 
 the positon of all pipes laid therein, from time to time, as the 
 same are completed, so as always to have a complete map 
 of said system. 
 
 Sec. 8. That when any part of said system of sewerage 
 shall be put in operation or used by said grantees, they shall 
 cause the same to be flushed with water at least once every 
 day, or oftener, if required by th« health physican ; and no 
 ■ part of said system of sewerage shall be used or operated, un- 
 less sufficient head of water shall have been previously pro- 
 cured for the purpose of flushing the same in accordance 
 with this section. 
 
 Sec. 9. That if at any time said system of sewerage shall 
 become foul and unsanitary, and upon notice thereof said 
 grantees shall fail or refuse to put the same in good repair 
 and condition, the same may be done by the city at the ex- 
 pense of said grantees, and the same shall be a lien on said 
 system of sewerage until paid. 
 
 Sec. 10. That when any permit shall have been granted 
 by the mayor to lay down any pipe under this ordinance, it 
 shall be the duty of the city engineer to lay out and designate 
 the line in the streets and alleys where said pipes shall be laid. 
 
 342
 
 Appendix. Chap. LXI. 
 
 Sec. 11. That said grantees shall indemnify and hold the 
 city harmless against all suits, damages, costs and expenses 
 that may arise growing out of the laying down of said sys- 
 tem of sewerage. 
 
 Sec. 12. That said grantees and their said system of sew- 
 erage shall always be subject to any and all ordinances passed 
 by th« city council of the city of Galveston ; and the city of 
 Galveston reserves the right to have any of the said pipes 
 repaired or removed at the expense of the grantees, whenever 
 the same shall become, by decay or otherwise, a nuisance to 
 the citizens of the city. 
 
 Sec. 13. That the said Isaac Heffron and his associates 
 shall have the right to incorporate themselves, under the laws 
 of the State and said corporation shall be entitled to all the 
 rights and privileges herein granted. 
 
 Sec. 14. That said grantees shall commence the laying of 
 said main pipe on Twentieth street within ninety days, and 
 complete the same within twelve months from and after the 
 passage hereof. 
 
 [Approved September21, 1886. 
 
 CHAPTER LXI. 
 
 GRANT TO GALVESTON SEWER COMPANY. 
 
 Section 1. That there is hereby granted to the Galveston 
 Sewer Company, a corporation duly incorporated under the 
 laws of the State of Texas, for a term of twenty years and 
 subject to the conditions, provisions and stipulations herein- 
 after contained, the right to construct, lay down, operate and 
 maintain a system of sewerage under and along the streets 
 of the city of Galveston, within the territory and in the manner 
 following, to-wit : 
 
 A main sewer pipe from the south edge of the channel of 
 Galveston bay, opposite the north end of Bath Avenue, or 
 Twenty-fifth street, thence along said Bath Avenue or Twen- 
 ty-fifth street, to the north side of Broadway or Avenue J, at 
 the intersection of said two streets, and the lateral pipes con- 
 necting with said main sewer, under and along all the alleys 
 Iving between said Galveston bay on the north and Winnie 
 
 343
 
 Chap. LXI. Appendix. 
 
 street or Avenue G on the south, and Tremont or Twei.ty- 
 third street on the east and Twenty-seventh street on the 
 west; the said main sewer to be, for a distance of at least 400 
 lineal feet southwardly along said Bath Avenue, commencing 
 just inside the channel of said bay, an iron pipe, twenty inches 
 in diameter, inside measure, and of standard thickness, and to 
 be laid for that distance upon a pile foundation ; thence south- 
 wardly along said Bath Avenue to the north side of Broad- 
 way or Avenue J, at its intersection with Bath Avenue, an oval 
 or egg-shaped cement pipe, two inches thick and fifteen by 
 twenty-one inches in diameter, having a flat base, and laid 
 at proper grade upon a foundation constructed of th'^ best 
 quality of red heart cypress plank, having a thickness of at 
 least two inches, and said plank to terminate with a round, 
 jointed hub, twelve inches in diameter; and all the lateral 
 pipes to be not less than six and eight inches in diameter and 
 of the same quality and material, and glazed on the inside with 
 a coating of asphalt composition, and laid on the same char- 
 acter of foundation as that portion of the main sewer lastly 
 above described. 
 
 Sec. 2. The iron pipe used for the outlet of the main sewer 
 shall drop into the waters of the channel of the bay at least 
 two feet below mean low tide, and in such manner as to ef- 
 fectually prevefit any odors arising from the outflow of sew- 
 erage. 
 
 Sec. 3. All the said pipes, mains and laterals shall be laid 
 at such depths below the present grade of the said streets 
 and alleys as not to interfere, in any manner with the public 
 use and enjoyment thereof, and at such gradient as to secure, 
 at all times, a ready and speedy flow of sewerage. 
 
 Sec. 4. The said pipes, mains and laterals shall be fur- 
 nished with all such valves, water-holes, man-holes, venti- 
 lators, flushing tanks and other devices, constructed of the 
 most approved materials and in a good, workmanlike man- 
 ner, as shall be necessary to secure a safe and entirely whole- 
 some system of sewerage. 
 
 Sec. 5. Whenever said company shall conclude to open 
 any street or alley under this grant for the purpose of laying 
 down any pipe thereon, two days' notice of such intention 
 
 344
 
 Appendix. Chap. LXI. 
 
 shall be given the mayor of the city before such work is com- 
 menced, who, after examining and satisfying himself that the 
 provisions and requirements of this grant are being in good 
 faith pursued in that behalf, may issue a permit to the said 
 company to proceed with the work of laying the pipe or 
 main along such street or alley; provided, that no single per- 
 mit shall cover or include more than one block, or 340 feet; 
 and provided, also, that no additional permit shall be granted 
 until the laying of pipes or mains under the permit already 
 granted shall have been completed and the streets and alleys, 
 including pavements, shall have been restored by the said 
 company to their former condition, to the satisfaction of the 
 cit}' engineer. 
 
 Sec. 6. The said sewer company shall, in laying its mains 
 and other pipes, restore to their former conditon, at its own 
 expense and to the satisfaction of the city engineer, all streets 
 and alleys occupied by it ; and should the said company fail or 
 neglect to restore any street, alley or pavement, as herein 
 contemplated and provided, within two days after written 
 complaint thereof to it by the city engineer, the same may 
 be done by the city at the expense of said sewer company. 
 
 Sec. T. The following elevations of the main sewer shall 
 be the grade line upon which the same is to be laid; provided, 
 however, from the channel of the bay to Avenue A the said 
 main sewer may be on a level : 
 
 Grade at Avenue A, 0.5 feet above mean low tide. 
 
 Grade at Avenue B, 0.83 feet above mean low tide. 
 
 Grade at Avenue C, 1.16 feet above mean low tide. 
 
 Grade at Avenue D, 1.49 feet above mean low tide. 
 
 Grade at Avenue E, 1.82 feet above mean low tide. 
 
 Grade at Avenue F, 2.15 feet above mean low tide. 
 
 Grade at Avenue H, 2.81 feet above mean low tide. 
 
 Grade at Avenue I, 3.14 feet above mean low tide. 
 
 Grade at Avenue J, 3.47 feet above mean low tide. 
 
 And all laterals shall be connected with said main sewer on 
 a curve of a radius of not less than ten feet, and wherever 
 suchi connections are made, and wherever obstructions, in 
 the shape of water pipes, gas pipes or other sewer pipes exist, 
 man holes of brick, and of such dimensions as to admit a 
 
 345
 
 Chap. LXI. Appendix. 
 
 man, and covered with an iron grating for ventilation, shall 
 be constructed. 
 
 Sec. 8. Wherever private sewers exist in the streets and 
 alleys named, the said company, to avoid having more than 
 one out-fall on the same street, shall, at its own expense, con- 
 nect such private sewers with its own system of sewerage ; 
 and each dead end of all the pipes, main and lateral, shall be 
 provided with the most approved means for flushing at least 
 once in every twenty-four hours. 
 
 Sec. 9. The said sewer company shall cause to be made 
 and filed in the office of the city engineer a map of the terri- 
 tory herein described ; and it shall be the duty of the city 
 engineer to plat in said map, from time to time as the w^ork 
 may progress, the positions of all pipes laid therein, so as 
 to preserve for future reference a complete map of said sys- 
 tem or plant. 
 
 Sec. 10. As soon as any part of said sewerage shall have 
 been completed and put into use, the said sewer company 
 shall cause the same to be flushed with water, at least 
 once in every twenty-four hours, and oftener if refpiired by 
 the city health physician, by automatic flushing tanks or by 
 connection with the new water supply of the city ; and no part 
 of said sewerage shall be used or operated unless a sufficient 
 head of water shall have been previously procured for the pur- 
 pose of flushing the same in accordance with the provisions of 
 this section. 
 
 Sec. 11. It shall be the duty of the said sewer company to 
 keep its sewerage or plant, and ever}' part thereof, at all times, 
 in thorough repair, clean, and in good sanitary condition; and 
 should said sewerage, or any part thereof, become, at an}' 
 time, out of repair, foul or unsanitary, and the said com- 
 pany, upon notice thereof from the city health physican or 
 the city engineer, shall fail or neglect to put the same in 
 thorough repair and in a clean and good sanitary condition, 
 the same may be done by the city at the expense of said 
 sewer company. 
 
 Sec. 12. As soon as any permit has been granted to the 
 said company by the mayor, under section five of this grant, 
 it shall be the duty of the city engineer to lav out and desig- 
 
 346
 
 Appendix. Chap. LXI. 
 
 nate the line in tl>2 street or alley where said pipes may be 
 laid, which shall be at th-e expense of said company, and the 
 said pipes shall be laid on the line so designated, and not other- 
 wise. 
 
 Sec. 13. The city of Galveston hereby reserves to itself 
 the right and privilege, at any time, of repairing said sewerage 
 or any part thereof, and after sixty days' notice of such in- 
 tention of altering, changing or removing the same, or any 
 part thereof — all at the expense of said sewer company; and, 
 also, the right to fix the maximum rate of charges for sew- 
 erage service in all cases ; and the said sewer company shall 
 furnish the said city, free of charge, whenever such service is 
 needed, sewerage service for all buildings used or occupied by 
 the city for municipal purposes, within any territory in its cor- 
 porate limits, either now or at any time hereafter occupied by 
 the said company. And the said sewer company shall be sub- 
 ject to ordinances, rules and regulations of said city that now 
 exist, or that may hereafter be passed or established by the city 
 council, with, reference to the conduct and government of 
 such companies or organizations, and with reference to the 
 use and management of their plants. 
 
 Sec. 14. The said sewer company shall indemnify and hold 
 harmless the said city of Galveston against any and all actions, 
 suits, claims for damages to persons or propert)^ and all costs 
 and expenses that may arise or grow out of the laying or con- 
 struction of its said sewerage, or out of its use, operation or 
 maintenance, or cut of the negligence or misconduct of itself 
 or its agents or servants, and for that purpose shall enter into 
 a bond, with three good sureties, in the penal sum of 
 $5,000.00, payable to the city of Galveston, and to be ap- 
 proved by the finance committee of said cit}^ 
 
 Sec. 1.5. The said sewer company shall commence la^-ing 
 said main pipe on Bath Avenue or Twent3"-fifth street, within 
 five (5) months next after the loth day of September, 1889, 
 and shall complete the whole system, under this grant, within 
 one year next after the passage hereof, under pain of forfeiture 
 of this grant. 
 
 [Approved September 18, 1889. 
 
 34:
 
 Chap. LXII. Appendix. 
 
 CHAPTER LXII. 
 
 AN ACT TO INCORPORATE THE GALVESTON WHARF AND COMPRESS COMPANY. 
 
 Section 1. Be it enacted by the legislature of the State 
 of Texas, that Mitchell B. :Menard, Ebenezer B. Nichols and 
 Henry H. Williams and their associates, be, and they are 
 hereby incorporated under the name and style of the Gal- 
 veston Wharf and Cotton Press Company, and under it may 
 transfer their right by succession and assignment, and shall 
 be persons in law, capable of suing and being sued, plead and 
 being impleaded, in all courts and places whatsoever; and, also, 
 that they and their successors, by the same name and style, 
 shall be in law capable of holding and of conveying any es- 
 tate, real, personal or mixed ; and doing and performing all 
 things which are necessary for the business of said compan3% 
 and not contrary to the Constitution of the .State. 
 
 Sec. 2. The capital stock of said company shall not be 
 less than one hundred thousand ($100,000) dollars, divided 
 into shares of one hundred ($100) dollars each. 
 
 Sec. 3. The management of the affairs of said company 
 shall be conducted by a board of five directors, each of whom 
 shall own at least ten shares of the capital stock of said 
 company, and three of said directors shall constitute a quo- 
 rum, to do and perform all the business necessary to the suc- 
 cessful operation of said company. A majority of said di- 
 rectors shall appoint a president from their own number, and 
 fill such vacancies as may from time to time take place from 
 death, resignation or otherwise. The election for directors 
 shall take place in the city of Galveston, at such time as a 
 majority of stockholders present at their first meeting may 
 designate, which meeting shall be called by the chief justice 
 of the county of Galveston, by a notice in some newspaper 
 published in the city of Galveston, for at least five days pre- 
 cedmg the day of election, so soon as one thousand shares of 
 the capital stock of said company have been subscribed, and 
 yearly thereafter ; and in case of failure to so elect said di- 
 rectors, the corporation shall not be dissolved for that cause, 
 but the president and directors for the time being shall 
 continue in ofiice until there be an election ; provided, also, 
 that it shall be the duty of said directors to call a meeting of 
 
 348
 
 Appendix. Chap. LXIII. 
 
 the stockholders at an early clay to elect the directory so 
 omitted to be done at the regular period. 
 
 Sec. 4. Each stockholder shall have a vote for each share 
 he may own, and may vote in person or by proxy. 
 
 Sec. 5. The president and directors shall have authority 
 to adopt all such rules, regulations and by-law^s, as they may 
 consider necessary for the proper management of the busi- 
 ness and affairs of said company; provided, that nothing in 
 this act shall affect any right or title vested in the city of 
 Galveston by its charter or any other laws. 
 
 [Approved February 4, 1854. 
 
 I, Ed. Clark, Secretary of the State of Texas, hereby certify 
 that the foregoing is a true copy of the original law now on 
 file in the State department. 
 
 Given under my hand and the seal of the Depart- 
 (L. S.) ment of State, of th.e city of Austin, this the 25th 
 
 day of February, A. D. 1854. 
 
 ED. CLARK. 
 
 CHAPTER LXIII. 
 
 AN ACT, AMENDATORY OF AND SUPPLEMENTARY TO, AN ACT TO INCORPORATE 
 THE GALVESTON WHARF AND COTTON PRESS COMPANY 
 
 Section 1. Be it enacted by the legislature of the State 
 of Texas, that the Galveston AVharf and Cotton Press Com- 
 pany may change its name to that of the Galveston Wharf 
 Company, and under it may transfer their rights by succes- 
 sion and assignment, and shall be persons in law capable of 
 suing and being sued, plead and being implead, in all courts 
 and places whatsoever; and, also, they and their successors, 
 by the same name and style, shall be in law capable of holding 
 and conveying estate, real, personal or mixed, and doing and 
 performing all things which are necessary for the business 
 of said company, and not contrary to the Constitution of this 
 State, and generally do and perform all such acts and things 
 as they could legally do under their present name; and all 
 acts heretofore done in said name shall be as binding upon 
 said company, and in favor of said company, upon third par- 
 ties in said new name, as they were under the first name; 
 and said change of name shall in no way forfeit or change 
 
 349
 
 Chap. LXIII. Appendix. 
 
 any rights or liabilities now existing between said company 
 and third parties. 
 
 Sec. 2. That section third of the act to incorporate the 
 Galveston Wharf and Cotton Press Company, approved Feb- 
 ruary the 4th, 1854, be, and the same is hereby amended so 
 as to read as follows : The management of the affairs of 
 said company shall be conducted by a board of nine directors, 
 each of whom shall own at least ten shares of the capital 
 stock of said company, and five of said directors shall consti- 
 tute a quorum to do and perform all the business necessary 
 to the successful operation of said company; a majority of 
 said directors shall appoint a president and vice-president from 
 their own number, and fill such vacancies as may from time 
 to time take place from death, resignation or otherwise. 
 
 The election for directors shall take place in the city of Gal- 
 \eston at such time as a majority of stockholders present at 
 their first meeting after the passage of this act may designate, 
 and on the first v^Ionday in the month of January in each 
 and every years thereafter, five days' notice of such election 
 being first given by publication in some newspaper pub- 
 lished in the city of Galveston ; and in case of failure 
 to elect said directors, the corporation shall not be dissolved 
 for that cause, but the president, vice-president and directors, 
 for the time being, shall continue in office until there be an 
 election ; provided, also, that it shall be the duty of said 
 directors to call a meeting of the stockholders at an early day, 
 to elect directors so omitted to be done at the regular period. 
 
 Sec. 3. That said conipau}^ shall have power to borrow 
 money on their bonds or notes, at such rates as the directors 
 may deem expedient. 
 
 Sec. 4. That this act take eft'ect, and be in force, from 
 and after its passage. [Approved February ii.iseo. 
 
 Department of St.^te. Austin, Texas. } 
 iVlarch 1, 1860. f 
 
 I, the undersigned. Secretary of State of the State of Texas, 
 do hereby certify that the above and foregoing is a correct 
 copy of the original act on file in the Department of State. 
 
 Given under my hand and the seal of the Depart- 
 (L. S.) ment of State, the day and year first above 
 
 written. E. W. CAVE, Secretary of State. 
 
 350
 
 Appendix. Chap. LXIY. 
 
 CHAPTER LXIV. 
 
 DECREE OF COMPROMISE. 
 
 The Mayor ^ Aldertneti atid Inhabitants of the City of Galveston 
 
 versus the Galveston Wharf Cotfipany. 
 
 This day the above cause came on to be heard, and leave 
 was granted to both parties to amend their pleadings, and 
 amendments were hied ; and thereupon the parties announced 
 themselves ready for trial, and waived a jury and submitted 
 this cause to the court, and further announced that the said 
 parties, plaintiff and defendant, had agreed on the terms of 
 a final settlement and compromise between said parties, and 
 that the same should be entered as the decree and judgment of 
 the court therein, all errors and exceptions thereto being 
 waived, and the terms of said judgment and decree appear- 
 ing to the court to be reasonable and fair and for the public 
 interests involved: Thereupon, it is considered ordered, ad- 
 judged and decreed by the court, that the present capital 
 stock of the Galveston Wharf Company, consisting of twelve 
 thousand four hundred and forty-four shares of stock at one 
 hundred dollars per share, amounting in the aggregate to 
 one million four hundrded and forty-four thousand four hun- 
 dred dollars, shall be increased to full one-half thereof, viz. : 
 by six thousand two hundred and twenty-two shares of one 
 hundred dollars each, amounting to the sum of six hundred 
 and twenty-two thousand two hundred dollars, which said 
 stock of said sum of six hundred and twenty-two thousand 
 two hundred dollars shall be the property of the mayor, al- 
 dermen and inhabitants of the city of Galveston, and the 
 same shall stand and remain on the books of said company 
 as the property of said mayor, aldermen and inhabitants of 
 the city of Galveston, and the equal, undivided one-third of the 
 property of said company, to be consolidated and vested 
 in it by this decree, shall be owned by said city and repre- 
 sented by its said stock, and the said stock and the rights 
 and interests therein and in said property of said mayor, al- 
 dermen and inhabitants of the city of Galveston, shall be in 
 trust for the present and future inhabitants of the city of 
 Galveston, and all and ever}^ part thereof shall be inalienable 
 
 351
 
 Chap. LXIV. Appendix. 
 
 and not subject to conveyance, assignment, transfer, pledge, 
 mortgage or any liability for debt whatever, in any other man- 
 ner than by the vote of four-fifths of all the qualified voters of 
 said city in -favor of some clear and specific proposition there- 
 for. The dividends and net earnings of said stock shall be 
 regularly paid to said ma3^or, aldermen and inhabitants of 
 the city of Galveston, to be disbursed and expended for the 
 public good and benefit of said present and future inhabi- 
 tants of said city; and that the said plaintiffs shall be repre- 
 sented by three directors in the board of directors of said 
 company, one of whom shall be the mayor of said city, who 
 shall be one of the committee on finance ; another shall be an 
 alderman of said city, and the third shall be either an alder- 
 man or a citizen of said city, both to be elected by the com- 
 mon council of said city. The other six directors of said 
 company to be elected by the remaining stockholders of said 
 company exclusive of stock of said city. And it is further 
 expressly understood and agreed between the parties, and is 
 so ordered, adjudged and decreed, that in all the stockholders' 
 meetings of said company no measure shall be adopted, and 
 no vote, act or proceeding shall be valid, unless by a vote of 
 three-fourths of all the stock of said company, exclusive of 
 the said stock of the plaintiff. 
 
 In consideration of all which, it is further agreed between 
 the parties, and is now considered ordered, adjudged and de- 
 creed by the court, that all the property rights and claims 
 of every kind and description (except certain lots and property 
 hereinafter specified), of the said Galveston Wharf Company, 
 and also all the right title, interest and claim of every kind 
 and description whatsoever, of the said mayor, aldermen and 
 inhabitants of the city of Galveston, in and to all the land 
 and ground extending from the shore or ordinary highwater 
 mark of the island of Galveston to the channel of the bay or 
 harbor, from and including the street known on the map and 
 plan of said city of Galveston as Ninth street, on the east, 
 to and including the street known as Thirty-first street on the 
 west, including all the ground known as the flats within said 
 limits, and also all rights, capacity, powers and claims of said 
 plaintiff's to build and erect wharves, and take and receive 
 
 352
 
 Appendix. Chap. LXIV. 
 
 wharfage therefor, at the end of streets now or hereafter 
 running or extending to said channel, be and the same are 
 hereby vested in the said Galveston Consolidated Wharf Com- 
 pany, and to be henceforth the corporate property, right and 
 title of said Galveston Wharf Company, and owned, held, 
 possessed, controlled, i;sed and administered by said com- 
 pany — all the said united and consolidated property, rights 
 and claims, being represented by said aggregate of one mil- 
 lion, eight hundred and sixty-six thousand, six hundred dol- 
 lars — the original two-thirds thereof held by the present stock- 
 holders and one-third by the said plaintiff in trust as aforesaid. 
 But it is further expressly provided, declared and under- 
 stood by the parties, and is considered, ordered, adjudged and 
 decreed by the court, that the rights of said plaintiffs in and to 
 certain parts of said flats intended hereby to become the fu- 
 ture property of said company, are now in litigation and con- 
 troversy between said plaintiff and the Galveston City Com- 
 pany, or are denied by said city company and other parties, and 
 also in controversy between plaintiff and A. H. Bean and 
 others, in suit No. 2437, on the docket of this court ; and 
 that this settlement and arrangement shall have no construc- 
 tive operation or effect whatever to prevent the plaintiff 
 herein from maintaining and continuing all suits now pend- 
 ing, or from instituting and prosecuting any and all other 
 suits necessary or proper to recover and enforce the right 
 and claim of said plaintiff to all of said flats, or ground, to 
 which any adverse right may or shall be held or claimed by 
 and and all other parties against said plaintiff" or against 
 the company he. ein united and consolidated ; the recovery by 
 the plaintiff in all suits now pending or hereafter brought, and 
 all future title to any part of the said flats in front of the city 
 of Galveston within the aforesaid limits, hereafter required 
 in any manner by either party, to inure to the common benefit 
 of the parties herein, and to the good faith, fulfillment and exe- 
 ''ution of this compromise and settlement. 
 
 It is further agreed between the parties, and is considered 
 ordered, adjudged and decreed by the court, that the following 
 property of said defendant, viz. : all the lots, blocks and land 
 now owned, held or claimed by said defendant, south of Ave- 
 
 353
 
 Chap. LXIV. Appendix. 
 
 nue A, on the map of land of said city; also, all the lots now 
 ownerl or h«ld by said company in the south half of the follow- 
 ing blocks, viz. : six lots in 734, three lots in 735, two lots in 
 736, two lots in 737; also, all the stocks in other companies 
 held by said defendant ; all the accounts, claims, debts and lia- 
 bilities now due to or heretofore contracted to sa'd defend- 
 ant, and all its personal property not forming part of the 
 wharves, shall not be included in the future property and 
 rights to be held and owned by said company jointly f?r p'ain- 
 tiffs and defendants as aforesaid, but that the saive shall be 
 withdrawn from said company and forthwith cor.'"eyed by 
 said company to a trustee or tiustees to be named by it, 
 and to be held or disposed of for the use and benefit of the 
 stockholders of said company prior to this compromise, as the 
 holders of the original stock of said company may direct. It 
 IS further the agreement and intention of the parties that this 
 settlement shall, if practicable, result in and secure the final 
 settlement of all controversy and prevent future controversy 
 in regard to all the wharf privileges in front of the city of 
 Galveston, and that the whole of said wharf privileges shall 
 be united and consolidated in the present parties hereto. 
 
 It is further agreed, considered, ordered, adjudged and de- 
 creed by the court, that as the Galveston Wharf Company 
 has assumed to pay all the expenses incident to the litigation 
 hereby compromised, they shall have the right to issue addi- 
 tional stock at th.eir discretion, which may be held, pledged 
 or paid out in order to raise the necessary funds to pay all ex- 
 penses incurred in said litigation, or issue bonds or use the 
 income or earnings of the said AVharf Company; to do the 
 same after the issuance to the city of Galveston of the six 
 thousand two hundred and twenty-two shares of stock as 
 aforesaid. 
 
 It is further agreed by the parties, and is ordered, adjudged 
 and decreed by the court, that the defendants shall pay all the 
 costs in this suit incurred. J. B. M'FARLAND. 
 
 Judge of th« First Judicial District Court of Texas. 
 
 354
 
 Appendix. Chap. LXV. 
 
 The State of Texas, 
 County of Brazoria. 
 I, S. L. S. Ballowe,, clerk of the district court within and 
 for the said count}^ of Brazoria, certify that, on this, the first 
 day of April, A. D. 1869, the preceding decree was duly en- 
 tered and recorded in the district of Brazoria county, and that 
 the said preceding seven pages in all respects agree with the 
 record of the said district court, duly entered in the suit 
 of the mayor, aldermen and inhabitants of the city of Gal- 
 veston against the Galveston Wharf Company. 
 
 Given under my hand and the seal of the said district 
 (L. S.) court of Brazoria county, this first day of April, 
 
 A. D. 1869. S. L. S. BALLOWE, 
 
 Clerk D. C. B. C. 
 By G. WESTERVELT, Deputy. 
 
 CHAPTER LXV. 
 
 CONFIRMATION OF COMPROMISE. 
 
 An act to confirm the compromises and settlements between 
 the corporation of the city of Galveston, the Galveston City 
 Company, the Houston and Galveston Wharf and Press Com- 
 pany and the Galveston Wharf Company. 
 
 Whereas, on the 8th day of December, 1851, an act was 
 passed by the legislature entitled "An act granting certain 
 powers to the corporation of Galveston city," and on the 16th. 
 day of February, 1852, an act was passed entitled : "An act 
 supplementary to an act granting certain powers to the corpo- 
 ration of Galveston city," approved December 8th, 1851, and, 
 whereas, litigation in regard to the property known as the 
 flats, within the corporate limits of said city, existed for many 
 years, retarding the improvement and prosperity of said city, 
 which said litigation was compromised and settled by a con- 
 sent decree rendered in the district court of Brazoria county, 
 on the first day of April, 1869, in a suit wherein the said cor- 
 poration of the city of Galveston was plaintiff and the Wharf 
 Company was defendant, and by a further consent decree, 
 rendered in said district court, on the 2d day of November, 
 1869, in a suit wherein the Galveston City Company was plain- 
 
 355
 
 Chap. LXVI. Appendix. 
 
 tiff and the corporation of the city of Galveston was defendant, 
 and by a sale by said Honston and Galveston Wharf and Press 
 Company to the said Galveston Wharf Company ; therefore, 
 
 Be it enacted by the legislature of the State of Texas : That 
 the said compromises and settlements between said parties, 
 and the said decress of the district court of Brazoria county, 
 recited in the preamble hereto, are in all respects validated, 
 ratified and confirmed ; provided, however, that this act shall 
 not be so construed as to effect the right or claim of any per- 
 son, whatever, not a party to said suits, decrees or compro- 
 mises. 
 
 [Approved June 23, 1S70. 
 
 This is to certify that the foregoing is a true copy of 
 an act passed by the legislature, according to the 
 (L. S.) records of this office. In testimony whereof, I here- 
 unto sign my nan\e and affix the seal of my office, 
 this 24 the day of June, A. D. 1870. 
 
 JAS. P. NEWCOMB, 
 Secretary of State. 
 
 CHAPTER LXVI. 
 grant of right of way by the galveston city council. 
 
 Regular Mefting of the City Council, 
 February, 7th, 1870. 
 
 Be it resolved by the mayor and board of aldermen of the 
 city of Galveston in council convened : That, whereas, tht 
 Houston and Galveston Wharf and Press Company has trans- 
 ferred the wharf and privileges belonging to the said company 
 to the Galveston Wharf Company, including the wharf known 
 as the New Wharf, and all the rights connected therewith : 
 
 That the right of way heretofore granted by the city of 
 Galveston to the Houston and Galveston Wharf and Press 
 Company, to lay a railroad track across Avenues D, C, B and 
 A, to connect the G., H. and H. R. R. with the New wharf, by 
 resolution passed October 22, 1868, has lapsed for want of use 
 and transfer of property : 
 
 And the Galveston Wharf Company having become the 
 owner of said New wharf, and applied for said right of way for 
 
 356
 
 Appendix. Chap. LXVII. 
 
 a railroad to connect the Galveston, Houston and Henderson 
 Railroad with the New wharf, across all intervening streets 
 and then eastward along Avenue A to Seventh street, on the 
 east end of the city, with privilege of switching to each of 
 the wharves, the right of way is hereby granted to the Gal- 
 veston Wharf Company, conditioned that the work shall be 
 commenced within twelve months from this date, and that 
 the street crossings shall be kept in good order for the passage 
 of vehicles by said Wharf Company, under the supervision 
 of the city authorities, and steam power shall not be used in 
 propelling cars. That the right herein granted shall not be 
 construed to bind the city of Galveston to defend the same, it 
 l)eing intended to grant only such right or permission as the 
 city authorities lawfully may grant. 
 
 On motion the foregoing resolutions were adopted. 
 
 I certify that the foregoing is a correct copy of the 
 (L. S.) resolutions on record in this office. 
 
 R. Y. ROLLING, Secretary. 
 
 CHAPTER LXVH. 
 
 GRANT FOR RAILROAD BY THE STATE LEGISLATURE. 
 
 An act granting the Galveston AVharf Company the right 
 to make railroad connection with their wharves and the rail- 
 roads entering to city of Galveston. 
 
 Section 1. Be it enacted by the legislature of the State of 
 Texas, that the Galveston Wharf Company shall have the 
 right to construct, own and operate a railroad, commencing 
 at or near the present terminus or depot of the Galveston, 
 Houston and Henderson Railroad, and running thence to the 
 New wharf owned by said company, and thence along Avenue 
 A until it has crossed Bean's wharf, and thence along Ave- 
 nue A, or a line to the north thereof, to the east end of Gal- 
 veston island, and to cross all streets and alleys on the route 
 of such railroad, and to build switches from the track to the 
 said railroad to each of the wharves of said company ; pro- 
 vided, that whenever said railroad crosses Bean's wharf on 
 Avenue A, it shall run switches, turnouts, side switches, etc., 
 to the T head thereof, if requested by the owners of said 
 27- 357
 
 Chap. LXVIII. Appendix. 
 
 wharf, and shall furnish all necessary and proper rolling stock 
 upon said switch at Bean's wharf, to enable said wharf to 
 receive with dispatch all articles shipped to said wharf or 
 coming to said wharf for shipment, and to load and transport 
 all articles landed at said wharf, and shall deliver and remove 
 the same with the same dispatch and upon the same terms 
 and conditions that articles are received, taken and removed 
 from any other switch at any other wharf along the line of 
 said road ; and in case it should be necessary to run across any 
 private property for the construction of said railroad, the said 
 company shall have the right to appropriate and condemn the 
 same on payment of the fair value thereof, by agreement with 
 the owner or owners, or in conformity with the general rail- 
 road law of this State. 
 
 Sec. 2. That said company shall have th« right to make 
 connection with the Galveston, Houston and Henderson Rail- 
 road in case any change in the terminus or depot of such rail- 
 road, and with any and all other railroads which may, at any 
 future time, enter the city of Galveston. 
 
 Sec. 3. That said company shall have the right to carry 
 and transport persons and freight on said railroad, and charge 
 and receive reasonable compensation therefor, and to run their 
 cars over any connecting railroad, in accordance with the 
 general railroad law of the State. 
 
 Sec. 4. That this act take effect and be in force from and 
 
 after its passage. [Passed August 4, ISTO. 
 
 State Department, Austin, Texas. 
 I, James P. Xewcomb, Secretary of State for the State of 
 Texas, do hereby certify that the foregoing is a true copy of 
 the original enrolled bill, now on file in my office. 
 
 Witness my hand and official seal at the office in the 
 
 (L. S.) city of Austin, this day of August, A. D. 1870. 
 
 JAMES P. NEWCOAIB, 
 
 Secretary of State. 
 
 CHAPTER LXVHI. 
 
 confirmation of railroad grant by the GALVESTON CITY COUNCrL. 
 
 Granted, by the city of Galveston, to the Galveston Wharf 
 Company to exercise all the rights and privileges contained 
 
 358
 
 Appendix. Chap. LXIX. 
 
 in an act of the legislature of the State of Texas, entitled "An 
 act granting to the Galveston Wharf Company the right 
 to make railroad connection with their wharves and the rail- 
 roads entering the city of Galveston." 
 
 Whereas, at the recent session of the legislature of the 
 State of Texas, a law was enacted, entitled "An act granting 
 to the Galveston Wharf Company the right to make railroad 
 connection with their wharves and the railroads entering the 
 city of Galveston," passed August -i, 18T0 ; therefore, 
 
 Be it ordained by the mayor and aldermen of the city of 
 Galveston, in council convened, that the right of way for said 
 railroad is hereby granted, and that the said Galveston Wharf 
 Company may have and exercise all th-e rights, privileges and 
 powers conferred by said act; provided, that said road shall be 
 constructed in such manner as not to obstruct the free passage 
 of the streets on land south of Avenue A, and that the city 
 authorities shall at all times have such authority as will com- 
 pel a due observance of this condition. 
 
 Be it further ordained, that the ordinance passed June 25, 
 1870, granting the right to establish a railway by said com- 
 pany, is hereby repealed. 
 
 Approved September 23, ISTO. 
 
 JAMES A. McKEE, Mayor. 
 
 The foregoing preamble and ordinance was passed Sep- 
 tember 19, 18T0, at a regular meeting of the city council, and is 
 a true copy of the original ordinance and record now in the 
 mayor's office, page 403. 
 
 To certify which I have hereto set my hand and seal 
 (L. S.) of the city of Galveston, this 23d day of September, 
 A. D. 1870. 
 
 R. Y. BOLLING, 
 Secretarv of the Board of Aldermen. 
 
 CHAPTER LXIX. 
 
 GRANTING SOLTH HALF OF BLOCK 321 FOR PUBLIC FREE SCHOOL BflLDING. 
 
 Whereas. ^Ir. Geo. Ball h-as, in a generous public spirit, ex- 
 pressed his wish and intention to give to the city of Galves- 
 
 359
 
 Chap. LXX. Appendix. 
 
 ton the sum of fifty thousand ($50,000) dollars, to be used in 
 the construction of a public free school building, or, if pre- 
 ferred by the council, to cause such a building to be erected 
 upon some suitable central site and donate it to the city, which 
 noble contribution to the cause of education and the public 
 welfare is cordially appreciated by the city of Galveston, 
 speaking through its mayor and council, who have returned 
 their sincere acknowledgements to Mr. Ball, and requested 
 him to take charge of the erection of the edifice so that his 
 ofifering may conform to his own wishes ; and. 
 
 Whereas, a part of block No. 321 would afiford a desirable 
 location for such an institution as is contemplated, and said 
 block is held by the city as a site for a city hall and other 
 public buildings, allowing ample space for such, hall and other 
 municipal structures, including the proposed school building; 
 therefore, be it ordained by the city council of the city of 
 Galveston : 
 
 Section 1. That the south half of block Xo. .321 be, and is 
 hereby permanently set apart, devoted and dedicated as the 
 site for the public free school building, to be erected by Mr. 
 George Ball, and presented by him to the city of Galveston. 
 
 Sec. 2. That said building shall be th-e property of the city 
 of Galveston, to be used solely for the purpose designated by 
 the donor, viz: free public education, and shall be and remain 
 at all times under the control and management of the city of 
 Galveston, through its duly constituted authorities. 
 
 [Passed 1883. 
 
 CHAPTER LXX. 
 
 DONATION OF BLOCK 668 TO THE STATE OF TEXAS, 
 
 Donating block No. 668, together with all improvements 
 thereon, in the city of Galveston, to the State of Texas, for 
 the use and benefit of the University of Texas, to be used for 
 and in connection with the medical branch of said university 
 — being supplementary to an ordinance entitled : "An ordi- 
 nance donating block No. 668, in the city of Galveston, to the 
 University of Texas, to be used for the medical branch of 
 said university." Approved June 18, 1888. 
 
 360
 
 Appendix. Chap. LXX. 
 
 Whereas, since the passage of an ordinance entitled "An or- 
 dinance donating block No. 668 in the city of Galveston to 
 the University of Texas, to be used for the medical branch of 
 said university," approved June 18, 1888, the board of regents 
 of said university reported to the city council of the city of 
 Galveston that the ground donated by said ordinance as a 
 site for the location of the medical department of said univer- 
 sity was not suitable for that purpose, and requested that addi- 
 tional ground and another location be obtained for such site ; 
 and 
 
 Whereas, therefore, the legislature of the State of Texas 
 appropriated the sum of seventy-five thousand dollars, or so 
 much thereof as should be necessary, out of the general rev- 
 enue, for the purchase of grounds in the city of Galveston 
 for the location of the medical branch of said university ; pro- 
 vided, that said city or its inhabitants should donate twenty- 
 five thousand dollars, to be used in addition to the fifty thous- 
 and dollars heretofore appropriated by the State for the con- 
 struction of buildings for said medical branch at Galveston ; 
 and 
 
 Whereas, said city thereupon made a donation of twenty- 
 five thousand dollars in compliance with and for the purpose 
 named in said proviso; and 
 
 \\'hereas, the board of regents of said university, in accord- 
 ance with said act of the legislature appropriating twenty-five 
 thousand dollars for the purchase of a suitable site for the 
 location of said medical branch, obtained suitable ground in 
 said city, other than said block No. 668, and made preparations 
 for the construction of necessary buildings thereon ; and. 
 
 Section 1. Be it ordained by the city council of the city 
 of Galveston, that block No. 668, in said city of Galveston, 
 and all improvements thereon, be and the same is hereby do- 
 nated to the State of Texas for the use and benefit of the Uni- 
 versity of Texas, to be used for and in connection with the 
 medical branch, of said university, and the promotion of the 
 convenience and objects therefor. 
 
 Provided, however, that should the medical branch of the 
 State University not be established at the city of Galveston, 
 and the buildings necessary thereto not be erected at some 
 
 361
 
 Chap. LXXI. Appendix. 
 
 point within the corporate limits of said city; or should the 
 said medical branch be at any time thereafter discontinued, 
 the titles to the above property, the conveyance of which is 
 herein provided for, shall thereupon revert to the said city of 
 Galveston ; and, further, that it shall be so provided in the 
 deed authorized in section two of this ordinance. 
 
 Sec. 2. That the mayor of the city of Galveston be and he 
 is hereby directed to make, execute, acknowledge and deliver, 
 a formal deed of and to block No. 668, in the city of Galveston, 
 to the State of Texas, for tl'^e use and benefit of the University 
 of Texas, in the name and under the seal of said city. 
 
 [Approved July 11, 1889. 
 
 CHAPTER LXXI. 
 
 GRANTING CERTAIN RIGHTS TO THE GALVESTON ROPE AND TWINE COMPANY 
 OF THE CITY OF GALVESTON. 
 
 Section 1. That there is hereby granted to the Galveston 
 Rope and Twine Company of the city of Galveston the right 
 to use th-e sidewalks of block 396 (now owned by said com- 
 pany), on the east, west and north sides of the block, for the 
 purpose of construction of buildings connected with their 
 works, and for the purpose of placing a railway track in con- 
 nection with the said factory; provided, that the city of Gal- 
 veston reserves the right to open the said sidewalks whenever 
 the convenience of the citizens may demand it. 
 
 Sec. 2. That in order to make railway connections with 
 the said factory to be constructed on block 396, there is hereby 
 granted to the said Galveston Rope and Twine Company the 
 right to lay down, use, operate and maintain a railway track 
 and switches on avenue F from Thirty-sixth street west, with 
 the right to make connections with the various railroads enter- 
 ing the city, or that may hereafter enter the city, provided 
 said railway companies consent to the same, and further pro- 
 vided, that this ordinance shall in no way conflict with pre- 
 vious rights of way granted to the Galveston City Railroad 
 Company on Avenue F. 
 
 Sec. 3. That this ordinance shall take effect and be in force 
 from and after its passage, and upon the said Galveston Rope 
 
 362
 
 Appendix. Chap. LXXII. 
 
 and Twine Company filing with the city clerk their acceptance 
 of the terms and provisions of this ordinance. 
 
 Approved September 31, 1889. W. S. GRIFFIN, 
 
 Attest : Acting Mayor. 
 
 DANIEL J. BUCKLEY, City Clerk. 
 
 The State of Texas. 
 County of Galveston 
 
 Whereas, the city council of the city of Galveston passed 
 an ordinance granting certain rights to the Galveston Rope 
 and Twine Co., of the city of Galveston, 
 
 Now therefore, in accordance with the third section of said 
 ordinance, the Galveston Rope and Twine Co. hereby accepts 
 said grant under the terms and provisions set forth and des- 
 cribed in said ordinance. 
 
 In testimony whereof the said Galveston Rope and Twine 
 Co. hereby signs its name by and through its president, this 
 20th day of September, 1889. 
 
 GALVESTON ROPE AND TWINE CO., 
 
 By Arthur B. Homer, President. 
 
 CHAPTER LXXII. 
 
 GRANTING CERTAIN RIGHTS TO THE GALVESTON COTTON AND WOOLEN MILLS 
 OF THE CITY OF GALVESTON. 
 
 Section 1. That there is hereby granted to the Galveston 
 Cotton and W^oolen Mills of the city of Galveston the right to 
 the sidewalks of block No. 400, now owned by said company, 
 for the purpose of construction of buildings connected with 
 their works, and for the purpose of placing railway tracks in 
 connection with their factory; provided, that the city of Gal- 
 veston reserves the right to open the said sidewalks whenever 
 the convenience of the citizens may demand it. 
 
 Sec. 2. That this ordinance shall take effect and be in force 
 from and after its passage, and upon the said Galveston Cotton 
 and Woolen Mills filing with the city clerk their acceptance 
 of the terms and provisions of this ordinance. 
 
 Approved October 8, 1890. 
 Attest: R. L. FULTON, Mayor. 
 
 DANIEL J. BUCKLEY, City Clerk. 
 
 363
 
 Chap. LXXIII. ' Appendix. 
 
 } 
 
 The State of Texas, 
 County of Galveston. 
 
 Whereas, the city council of the city of Galveston passed 
 an ordinance granting certain rights to the Galveston Cotton 
 and Woolen Mills of the city of Galveston; 
 
 Now, therefore, in accordance with the second section of 
 said ordinance, the Galveston Cotton and Woolen Mills hereby 
 accepts said grant under the terms and provisions set forth 
 and described in said ordinance. 
 
 In testimony whereof the said Galveston Cotton and Wool- 
 en Mills hereby signs its name by and through its president, 
 and attested by its secretary, this the 10th day of October, A. 
 
 D. 181)0. 
 
 ALBERT WEIS, 
 
 Attest : President. 
 
 Secretarv. 
 
 CHAPTER LXXIII. 
 
 GRANTING A RIGHT OF WAY ON POSTOFFICE STREET AND EXTENSION OF A 
 SIDE RAILROAD TRACK TO THE TAYLOR COMPRESS COMPANY. 
 
 Section 1. That the right and privilege is hereby granted 
 to the Taylor Compress Company to erect and construct an 
 extension of its present side railroad track on Postoffice street, 
 beginning on the west side of Thirty-first street, and termi- 
 nating in the west side of the alley between Twenty-ninth- and 
 Thirtieth streets, in the city of Galveston. The city of Gal- 
 veston reserving to itself the right to require the removal of 
 said sidetrack whenever, in the judgment of the city council, 
 the public interests may require its removal. And until the 
 grant hereby made is revoked, the Taylor Compress Company 
 shall have a right of way over and along said railroad track 
 on said Postoffice street for the loading and unloading of rail- 
 road cars, the cars of all railroads to have the same rights of 
 passage over said sidetrack. 
 
 Approved October 8, 1891. R. L. FULTON, 
 
 Attest : Mayor. 
 
 DANIEL J. BUCKLEY, City Clerk. 
 
 364
 
 Appendix. Chap. LXXIA". 
 
 CHAPTER LXXIV. 
 
 GRANTING THE RIGHT OF WAV TO THE SOUTH GALVESTON AND GULF SHORE 
 RAILROAD COMPANV ON STREETS THEREIN NAMED. 
 
 Section 1. That there is hereby g-ranted to the South Gal- 
 veston and Gulf Shore Raih-oad Company the right of way 
 for their tracks, and for maintaining and operating a railway 
 thereon, with electricity as a motive power, together with the 
 necessary sidetracks and switches, in the city of Galveston, 
 as follows : 
 
 Commencing on Twenty-sixth (26th) street, at the south 
 side of Avenue B, or Strand street, thence south on Twenty- 
 sixth street to Avenue I ; thence east on Avenue I to Nine- 
 teenth (19th) street; thence north on Nineteenth (19th) street 
 to Avenue C, or Mechanic street ; thence east on Avenue C, or 
 Mechanic street, to Eleventh. (11th) street; thence south on 
 Eleventh (11th) street to Avenue N;^ ; thence west on Avenue 
 N^^ to Sixteenth (IGth) street; thence south on Sixteenth 
 (16th) street to Avenue 0)/< ; thence west on Avenue OjA to 
 Twenty-fourth (24th) street; thence south on Twenty-fourth 
 (24th) street to Avenue O, thence west on Ave- 
 nue O to Thirty-seventh (37th) street; thence south 
 on Thirty-seventh street (3Tth) street to Avenue 
 T ; thence west on Avenue T to city limits. On Thirty- 
 seventh (oTth) street from Avenue I to south Avenue Q, on 
 Thirty-ninth (39th) street from the south side of Avenue F 
 south to Avenue I; thence east on Avenue I to Twenty-sixth 
 (26th) street. The grant herein contained is subject to tlic 
 provisions and conditions hereinafter named. 
 
 Sec. 2. That for the purposes named in section one of this 
 ordinance the said compan}^ is hereby authorized to lay its 
 tracks and set its poles, pins, abutments, wires and other nec- 
 essary fixtures along the streets named in the foregoing sec- 
 tion of this ordinance, and across the intervening streets and 
 alleys of the city, subject to the regulations hereinafter pro- 
 vided. 
 
 Sec. 3. The tracks and other structures shall be so con- 
 structed, kept up and operated as not to obstruct or interfere 
 with the convenient use of the streets by vehicles and those on 
 
 365
 
 Chap. LXXIV. Appendix. 
 
 foot, and shall afford ample accommodation for the safe travel 
 of the public. 
 
 Sec. 4. That the said company shall at all times keep the 
 roadbed of said railway in good repair and upon a level with 
 the street, and when the street is raised or lowered, the said 
 company shall raise or lower their track to conform thereto, 
 and shall comply with the requirements of the city charter in 
 regard to paying their proportionate part of the expenses of 
 filling and paving streets. They shall also construct and keep 
 in good repair all cross culverts under their railway tracks 
 whenever the same may be required by the city, all of which 
 work shall be done subject to the approval and under the di- 
 rection of the city engineer ; and whenever the said company 
 shall fail to construct and keep in order the culverts, tracks, 
 roadbed, posts, wires and other fixtures as required by this 
 ordinance, the city shall have the right to cause them to be 
 constructed or put in proper condition and repaired, at the 
 expense of the company, and in the event of their refusal to 
 pay the same, the city may sue for the amount, or forfeit this 
 franchise. 
 
 Sec. 5. The rate of fare shall not exceed five cents from 
 and to any point within the city limits for each person over 
 twelve years of age. Onh^ half fare shall be charged all chil- 
 dren going to and from school ; children between three and 
 twelve years of age shall be transported for one-half fare at 
 all hours, and no charge shall be made for the carriage of 
 children under three years of age, and any person shall have 
 the right to purchase commutation tickets from said company 
 at the rate of six whole and twelve half tickets for twenty- 
 five cents, and proportionately in any amount not exceeding 
 live dollars. 
 
 Sec. 6. The poles used as herein provided shall be of sound 
 timber, not less than five inches in diameter at the upper 
 end, reasonably straight and of uniform size. All poles shall 
 be thoroughly painted, with not less than two coats of lead 
 and oil paint, of such color as may be directed by the committee 
 on streets and alleys, and be supplied with iron steps, com- 
 mencing twelve feet from the surface of the ground and reach- 
 ing to the arms supporting the wires. Said wires shall be run 
 
 366
 
 Appendix. Chap. LXXIV. 
 
 at a height of not less than eighteen feet above the grade of 
 the street. Whenever the poles are erected on a street, they 
 shall be placed either in the middle of the street alongside the 
 track, or on the outer edge of the sidewalk just inside the 
 curbstone, and on line dividing the lots one from the other, 
 or as near to said line as practicable, and in no case to be so 
 placed as to obstruct the drainage of the street or to interfere 
 with or damage in any way the curbstones or other public or 
 private property on the line of the street or alley where such 
 poles shall be erected. All work of excavating, refilling and 
 restoring the pavement and of repairing awnings, shall be 
 done at the expense of the said South Galveston and Gulf 
 Shore Railroad Company, under the supervision of the city 
 engineer and to his entire satisfaction, and in all cases the 
 pavement shall be restored as soon as possible and to the 
 same condition as it was before. 
 
 Sec. 7. The right is hereby reserved to the city at any time 
 to direct any alteration in the location of the poles, or in the 
 height at which the wires shall be run. 
 
 Sec. 8. The said company shall at all times keep on de- 
 posit with the city treasurer the sum of not less than fifty 
 dollars, subject to the order of the city engineer, to be used 
 by him in restoring any sidewalk, gutter, street, pavement 
 or awning, displaced or injured in the creation, alteration or 
 removal of any pole, track or other structure of such com- 
 pany, whenever said company fails or refuses to make such 
 alteration to the satisfaction of the committee on streets and 
 alleys. 
 
 Sec. 9. The said company shall at all times permit the 
 city to use and occupy the top cross-arm of any pole, erected 
 or to be erected, for fire, police or municipal telegraph or tel- 
 ephone purposes free of charge. 
 
 Sec. 10. The said company shall become solely responsi- 
 ble and hold the city harmless against all damages growing 
 out of the use of the streets for street railway purposes and 
 of electricity as a motive power under the provisions of this 
 ordinance. 
 
 Sec. 11. That the said rights, privileges and franchises are 
 hereby granted for the term of twenty-five years from the 
 
 367
 
 Chap. LXXIV. Appendix. 
 
 passage of this ordinance, upon the condition that the said 
 company shall commence the construction of its line of rail- 
 way within five months from the passage of this ordinance, 
 and have the same completed and in operation upon Avenue 
 T, Thirty-seventh (37th) street, Avenue I from Thirty-ninth 
 (39th) street to Twenty-sixth (26th) street, and on Twenty- 
 sixth (36th) street, within twelve months from the passage of 
 this ordinance, and shall complete, ecpiip and have in opera- 
 tion the railroad on all the other streets named herein within 
 two years from the passage of this ordinance, unless prevented 
 by suit or process of law, in which latter event the delay occa- 
 sioned shall not be estimated or counted against the company. 
 
 Sec. 12. The said company agrees and guarantees to fur- 
 nish to the citizens of Galveston first-class street railway ser- 
 vice in every respect, and further agrees to furnish and operate 
 daily as many passenger cars on its lines within the city of 
 Galveston as may be required to constitute a first-class elec- 
 tric street car service. 
 
 The number of cars on each street and the time between cars 
 each way to be fixed and determined from time to time by 
 the city council, not earlier, however, than ninety days after 
 commencement of operations of street railway service on any 
 of the streets herein named. 
 
 Sec. 13. The right is hereby reserved to the city council 
 to grant a right of way to any other street railroad company 
 now in existence, or to be hereafter established over portions 
 of the lines and tracks of the South Galveston and Gulf Shore 
 Railroad Company within the corporate limits of the city (to 
 enable such street railroad to reach a proper terminal point) 
 upon such terms and compensation as may be agreed upon by 
 a board of arbitrators to be appointed and selected as follows : 
 The company desiring to use the lines and tracks of the South 
 Galveston and Gulf Shore Railroad Compan}^ to appoint one 
 arbitrator, the South Galveston and Gulf Shore Railroad Com- 
 pany to select the second arbitrator, and the city council to 
 appoint the third arbitrator. The term and rate of compen- 
 sation for the use of said tracks to be fixed by a majority of 
 said board so appointed, and to be final and binding on both 
 companies; provided, that no street railway company now in 
 
 368
 
 Appendix. Chap. LXXIV. 
 
 operation, or that may hereafter be put in operation, shall 
 obtain the right to use any portion of the tracks of the said 
 South Galveston and Gulf Shore Railroad Company, unless 
 such company make itself subject to the conditions and stip- 
 ulations of this section. 
 
 Sec. 14. This grant is made upon the express condition 
 that the South Galveston and Gulf Shore Railroad Company 
 shall execute to the city of Galveston, within thirty (30) days 
 from the passage of this ordinance, a good and sufficient bond 
 for the sum of ten thousand dollars ($10,000), with at least 
 five sureties thereon, conditioned that the company shall faith- 
 fully and promptly perform all the conditions, stipulations and 
 agreements named in this ordinance. 
 
 The city of Galveston reserves the right, either to enforce 
 payment of the bond, or to forfeit the rights herewith granted, 
 and otherwise to proceed in the premises, as though no such 
 bond was given. 
 
 Sec. 15. No transfer of the franchise and grant hereby 
 made to the South Galveston and Gulf Shore Railroad Com- 
 pany, nor consolidation of said company with any other street 
 railroad, shall be made to or with any person or corporation 
 during the existence of th-is grant, without the consent of the 
 city of Galveston. 
 
 Sec. 1G. The said railroad company shall make use of all 
 such safeguards as from time to time may be ordered to be 
 applied by the city council as preventatives from accident, and 
 the city council reserves the right to direct and require such 
 alterations to be made in the streets for railway purposes, and 
 in the electric appliances and wires of said company, as in 
 the opinion of the city council may be compatible with the 
 public safety and comfort. The rate of speed upon said rail- 
 road shall be regulated from time to time by ordinance, and 
 this grant is made upon the express condition that this com- 
 pany shall conform to all ordinances of the city of Galveston 
 now in force, or that shall hereafter be passed, providing for 
 public improvements and the use of streets and public high- 
 ways, for street cars. 
 
 Sec. 17. That the rights herein granted shall not conflict 
 with the rights of the Gulf City Street Railway and Real 
 
 369
 
 Chap. LXXY-LXXVI. Appendix. 
 
 Estate Company, or those of the Galveston City Railway Com- 
 pany. 
 
 [Approved November 17, 1891. 
 
 CHAPTER LXXV. 
 
 GRANTING TO THE UNITED STATES OF AMERICA THE RIGHT TO CONSTRUCT 
 AND MAINTAIN JETTY WORKS IN THE CITY OF GALVESTON. 
 
 Section 1. That there is hereby granted to the United 
 States of America the right to construct and maintain a sys- 
 tem of jetty works for the purpose of harbor improvements, 
 over and along any and all streets, alleys and public ground, 
 under the control of the city, at any point or point east of 
 Ninth street and north of Avenue A, eastwardly to the bar, 
 upon such line or lines as may be determined by the United 
 States engineer in charge of harbor improvements in Galves- 
 ton. 
 
 Passed under a suspension of the rules at regular meeting 
 of the city council, August 20, 1888. 
 
 Note. — This ordinance, having neither been approved or 
 disapproved by the mayor, within the time prescribed by the 
 charter, becomes a law without his signature. 
 
 DANIEL J. BUCKLEY, 
 
 City Clerk. 
 
 CHAPTER LXXVL 
 
 GRANTING CERTAIN RIGHTS TO THE TEXAS MEDICAL COLLEGE AND 
 HOSPITAL. 
 
 Section 1. That the north half of block numbered six 
 hundred and eighty-eight, with the buildings and improve- 
 ments thereon, together with the two-story building on the 
 south half of said block, and now VDccupied by the board of 
 trustees of the public free schools for school purposes, be and 
 the same are hereby demised and leased to the Texas Medical 
 College and Hospital, a corporation duly incorporated under 
 the laws of the State for the term of ten years, subject to the 
 terms and conditions hereinafter stipulated. 
 
 Sec 2. The two-story building situated on the south half 
 of block 688, as aforesaid, shall remain in the occupation, use 
 
 370
 
 Appendix. Chap. LXVI. 
 
 and possession of the board of trustees of the public free 
 schools until the expiration of the present scholastic term, 
 after which the said Texas Medical College and Hospital 
 shall immediately remove the same to the nortli half of said 
 block at their own expense. 
 
 Sec. 3. The hospital building recently removed to the 
 north half of said block 688, and now occupied by the board 
 of trustees of the public free schools for school purposes, shall 
 remain in the occupation of the said board of trustees until 
 February 1, 1889. 
 
 Sec. 4. That whenever the medical department of the Uni- 
 versity of Texas shall be established and organized in the city 
 of Galveston, in case the same shall be done before the expira- 
 tion of this lease, then in that event this lease shall terminate, 
 and the city of Galveston shall have the right to enter and 
 take possession of said premises. 
 
 Sec. 5. This lease or grant is made for the purpose of put- 
 ting in operation a medical school ; and any diversion of the 
 same for other purposes than herein provided, or any sub- 
 letting of the same sh^ll cause the same to terminate. 
 
 Sec. 6 That in consideration of this grant or lease, the said 
 Texas Medical College and Hospital undertakes, stipulates 
 and agrees to keep the buildings herein leased fully insured 
 for the benefit of the city of Galveston, during the existence 
 of said lease ; and they further undertake, stipulate and agree 
 to keep the buildings and fences on said grounds in repair — or- 
 dinary wear and tear, fires, and the acts of God excepted. 
 
 Passed under a suspension of the rules at regular meeting, 
 March 19, 1888. 
 
 [Approved March 20, 1888 
 MEMORANDA OF CORRECTION. 
 
 In the within ordinance, granting a lease to the Texas Med- 
 ical College and Hospital, th« City Hospital block, the prop- 
 ertv therein leased, by clerical mistake is numbered block 688, 
 when it is, in fact. No. 668, and should have been so described 
 in said instrument. The purpose of this memoranda being to 
 correct said error. R. L. FULTON, 
 
 Attest : Mayor. 
 
 DANIEL J. BUCKLEY, City Clerk. 
 
 371
 
 Chap. LXXVII. Appendix. 
 
 We, the undersigned executive committee of the trustees 
 
 of the Texas ^ledical College and Hospital, join in the above 
 
 correction, and accept the said lease with all its conditions and 
 
 stipulations. 
 
 C. W. TRUEHEART, 
 
 J. F. Y. PAINE, 
 
 HENRY P. COOKE, 
 
 A. W. FLY. 
 
 CHAPTER LXXVn. 
 
 DONATING BLOCK 668 TO THE (.UNIVERSITY OF TEXAS. 
 
 Whereas, on May 27, 1887, Rebecca Sealy and George Sealy, 
 executors of the late John Sealy, tendered to the city of Gal- 
 veston the sum of $50,000, to be used in the erection of a build- 
 ing for a medical hospital for the indigent sick of said city, on 
 the grounds to be furnished by the city, accompanying said 
 tender by an expression of their consent to the transfer of 
 said donation by the city to the University of Texas, in the 
 event that the medical department of said university should 
 be practically established at Galveston ; and said tender was 
 accepted by the city, and the soutli half of block 668 in said 
 city dedicated for the use and erection of said Sealy hospital, 
 and a building committee appointed with power to execute 
 the object of said donation of said executors, and to receive 
 and disburse said donations, by an ordinance of this city, 
 approved September 6, 1887 ; and 
 
 Whereas, an act of the legislature of the State of Texas, 
 
 passed — , 1888, $50,000 was appropriated and set 
 
 apart to be used in the construction of buildings for the 
 medical branch of the University of Texas at the city of Gal- 
 veston, provided that the said city should donate to the Uni- 
 versity of Texas block No. 668 in said city, to be used for 
 the medical branch of said university, and that the ex- 
 ecutors of the estate of John Sealy, deceased, should agree 
 to construct on said block, at a cost of not less than $50,000, 
 a medical hospital, to be donated, on completion, to the 
 medical branch of the University of Texas, and to be under 
 the control of the board of regents of said university ; and, 
 
 372
 
 Appendix. Chap. LXXVIII. 
 
 Whereas, it is considered that the city of Galveston ought, 
 in consideration of the said appropriation made by the State, 
 conform on its part to the provision and condition therein 
 named to be by it assented to and performed, in order to 
 secure the immediate establishment and organization of said 
 medical branch at Galveston, as contemplated by said act of 
 the legislature ; therefore. 
 
 Section 1. Be it ordained by the city council of the city 
 of Galveston : That block 66S, in said city of Galveston, be 
 and is hereby donated to the University of the State of Texas, 
 to be used for the medical branch of said university. 
 
 [Approved June 18, 1SS8. 
 
 CHAPTER LXXVni. 
 
 GRANTING TO THE GALVESTON JETTY RAILWAY COMPANY THE RIGHT OF WAY 
 OVER CERTAIN STREETS IN THE CITY OF GALVESTON. 
 
 Section 1. That there is hereby granted to the Galveston 
 Jetty Railway Company the right to construct, maintain and 
 operate a steam railway, with the necessary tracks, switches 
 and turn-outs in the city of Galveston, to-wit : Upon and 
 along Avenue A, from Tenth street to the eastern limit of 
 the city; and from a point on Avenue A at Fourth street along 
 and across all streets and avenues to the east end of Gal- 
 veston island at or near the quarantine station ; and thence 
 along and over the jetties to deep water in the Gulf of Mexico. 
 
 Sec 3. The grant herein made shall extend only to so 
 much of the streets and alleys as the city of Galveston has 
 the right to grant to railroads under the laws of the State. 
 
 Sec 3. The grant herein made shall not include any right 
 to enter upon any private property without the consent of 
 the owner thereof, or a legal condemnation of the same in 
 accordance with the laws of the State. 
 
 Sec 4. The rights, duties and obligations of said railroad 
 company over the right of way herein granted shall be gov- 
 erned by the general laws of the State, when not otherwise 
 provided by the ordinances of the city. 
 
 Sec 5. Th« right to regulate the grade of said tracks and 
 crossings over the same at streets and alleys, for sanitary, 
 police or other municipal or economical purposes, over the 
 2&- 373
 
 Chap. LXXIX. Appendix. 
 
 right of way herein granted, is especially reserved to the city 
 of Galveston ; and in constructing and maintaining said tracks, 
 said company shall, as far as practicable, restore the streets 
 to the condition in which they now are, and shall at all in- 
 tersections of streets, where the streets are now filled or 
 may be hereafter filled, erect and maintain suitable and suf- 
 ficient crossings over said tracks. 
 
 Sec. 6. That said railway company undertakes to hold the 
 city of Galveston harmless, and indemnify it against all suits, 
 costs expenses and damages that may arise out of this grant 
 or by reason of its occupation and use of the right of way 
 herein granted. 
 
 Sec. 7. That said railway company shall permit switches 
 and connections to be made with their railway tracks by all 
 wharf owners or operators upon the same or equal terms, 
 without discrimination. 
 
 Sec. 8. That the said railway company shall commence 
 their railway tracks along Avenue A within one year, and 
 complete the same as soon thereafter -as practicable, unless 
 prevented by suit or process of law, in which latter event 
 the delay occasioned shall not be estimated or counted against 
 said company. 
 
 [Approved June 4, 1888. 
 
 CHAPTER LXXIX. 
 
 GRANT TO GEO. ANDERSON OF R. P. SARGEANT & CO- 
 
 Section 1. That Geo. Anderson, of R. P. Sergeant & Co., 
 is hereby granted the right to construct a side-track from 
 some point on Mechanic street between Thirty-third and 
 Thirty-fourth streets, on main line of the Gulf, Colorado & 
 Santa Fe railway on Mechanic street, along Mechanic street 
 and across Thirty-third street so as to intersect west line of 
 block No. 572; and from east line of block 573 across Thirty- 
 second street so as to intersect west line of block 571. Also 
 from main line of Missouri Pacific track across Thirty-third 
 street so as to intersect west line of block 573 ; and from east 
 line of block 573 across Thirty-second street so as to inter- 
 sect west line of block 571 ; and to maintain same and run 
 
 ' 374
 
 Appendix. Chap. LXXX. 
 
 railway cars thereon, and subject to all ordinances governing 
 railroads in the cit}^ of Galveston. 
 
 Sec. 2. The sidetrack herein provided for shall be con- 
 structed under the supervision of the city engineer, who shall 
 cause the same to be done so as not to obstruct in any man- 
 ner the streets, sidewalks and gutters. The city reserves the 
 right to remove said sidetracks and restore the streets and 
 sidewalks at any time at the expense of the owner of the 
 same. 
 
 [Approved March 20, 1888. 
 
 CHAPTER LXXX. 
 
 GRANT TO THE GALVESTON CITY RAILROAD COMPANY AND GULF CITY RAIL- 
 WAY AND REAL ESTATE COMPANY. 
 
 Authorizing the Galveston City Railroad Company and the 
 Gulf City Railway and Real Estate Company to Operate 
 Their Lines of Railway by Electric Power, and to Occupy 
 and use Certain Streets, and Describing the Conditions 
 Thereof. 
 
 Section 1. The Galveston City Railroad and the Gulf City 
 Railway and Real Estate Company are hereby authorized to 
 operate their lines of railway or any part thereof by electricity, 
 and are hereby authorized to erect, a system of overhead wires 
 for the purpose of conducting the electric current to operate 
 motors and to propel cars from such electric current generat- 
 ing stations as may be required, and are authorized and em- 
 powered to use the rails and earth for the return circuit, or 
 may use a metallic return circuit for that purpose. Said com- 
 panies may from time to time make all needful changes in 
 the construction of its roads, including curves, turnouts, 
 switches, connections with its car sheds and power houses, 
 and erection of posts or poles. Said posts or poles shall be 
 of a design to be approved by the committee on streets and 
 alleys, and placed along the curbs of the streets or in the 
 center of the streets as the committee on streets and alleys 
 may determine, to carry overhead wires, or whatever else 
 may be necessary, requisite and convenient to carry said 
 power into practical effect upon or along the streets and 
 
 375
 
 Chap. LXXX. Appendix. 
 
 alleys where said lines are now constructed or may hereafter 
 be authorized to be constructed under existing ordinances, 
 including this ordinance. 
 
 Sec. 2. Recognizing that there is an element of danger 
 in the use of electricity as a motor, the city enjoins upon 
 the railroad companies, and each of them, that they will use 
 the utmost vigilance to prevent accidents to life and property ; 
 they will keep their system of overhead wires in perfect order, 
 and set the poles firmly in the ground, under the supervision 
 of the city engineer. 
 
 Sec. 3. The city reserves the right of calling the attention 
 of the railroad companies, or either of them, to any defect 
 in their poles or wires that may threaten danger, and the 
 railroad company shall remedy same within three hours after 
 said notice ; otherwise the city shall move or repair said poles 
 or wires at the cost of said company. 
 
 Sec. 4. This ordmance shall be subject to such changes 
 and restrictions as may be embodied in future ordinances, 
 providing against the danger, and insuring the safety of elec- 
 tricity as a motor. 
 
 Sec. 5. It is especially enjoined by the city of Galveston 
 that the railroad companies shall not, either in the construc- 
 tion or operation of their electric system, interfere in any 
 way with tli« lines of the city's electric light or fire alarm 
 telegraph. 
 
 Sec, 6. That the said railway companies, and each of them, 
 shall at all times hold harmless and indemnify the city of 
 Galveston against all suits, damages, costs and expenses that 
 may arise or grow out of the exercise by the said companies 
 of the privileges herein and hereb}' conferred. 
 
 Passed under a suspension of the rules at regular meeting 
 held Monday, September 1, 1890. 
 
 Approved September 2, 1890. 
 
 R. L. FULTON, 
 Attest : ]\Iavor. 
 
 DANIEL J. BUCKLEY, City Clerk. 
 
 376
 
 Appendix. Chap. LXXXI. 
 
 CHAPTER LXXXI. 
 
 GULF, COLORADO & SANTA FE RAILWAY COMPANY. 
 
 Section 1. That section 4 of an ordinance passed August 
 ITth, 1885, entitled, "Grant to the Gulf, Colorado and Santa 
 Fe Railway Company," the same being printed as chapter 
 45 of the Revised Ordinances, printed by the city of Galves- 
 ton in 1893, pages 36-i and 365 thereof, be and the same is 
 hereby repealed ; and the grant to the said Gulf, Colorado 
 and Santa Fe Railwa}^ Company made in the said ordinance 
 is hereby confirmed free from the condition mentioned in 
 said section 4, which is repealed; that section 3 of an ordi- 
 nance approved February 7th, 1891, entitled, "Grant to the 
 Gulf, Colorado and Santa Fe Railway Company," same being 
 printed as chapter 48, Revised Ordinances of the said city, 
 published in 1893, be and the same is hereby repealed- 
 
 Sec. 2. The right is hereby granted to the Gulf, Colorado 
 and Santa Fe Railway Company to extend two sidetracks— 
 which it is now entitled to construct and maintain on Strand 
 under and by virtue of sections 1 and 2 of the said ordinance 
 approved August 17th, 1885, referred to in section 1 Iiereof — 
 commencing from its present track on Strand street, betv.'een 
 Twenty-seventh and Twenty-ninth streets, at any points be- 
 tween said streets, to and across Twenty-seventh street to 
 block 686, and to consruct and forever maintain the same. 
 
 Sec. 3. The right is hereby granted to the Gulf, Colorado 
 and Santa Fe Railway Company to take possession of, and 
 exclusively use and enjoy, so much of Twenty-sixth street as 
 lies between the south line of blocks Nos. 686 and 685 on 
 Strand, and the south line of the alley dividing the said blocks, 
 and to construct and maintain all railroad tracks, passenger 
 sheds, and other structures or improvements necessary for the 
 convenient use of the said blocks 686 and 685, for the purpose 
 of a passenger depot ; said part of said Twenty-sixth street 
 being hereby closed to public use and set apart exclusively 
 for th-e use of the said railway company for the purpose of 
 a passenger depot, and the necessary tracks and appurten- 
 ances thereto. 
 
 Sec. 4. If the Gulf, Colorado and Santa Fe Railway Com- 
 pany shall fail, within eighteen months from the passage 
 
 377
 
 Chap. LXXXI. Appendix. 
 
 hereof, to construct a passenger depot with the necessary pas- 
 senger tracks and sheds, the same to cost not less than the 
 sum of $50,000, or if the said railway company shall there- 
 after abandon the use of the said property for the purposes 
 of a passenger depot then the rights granted to the said rail- 
 way company shall cease and determine. 
 
 Sec. 5. The said Gulf, Colorado and Santa Fe Railway 
 Company may transfer and assign to any corporation, which 
 may hereafter be formed, for the purpose of constructing or 
 owning and operating a union passenger depot, on any part 
 of the said blocks Nos. 686 and 685, all of the rights herein 
 granted to the said Gulf, Colorado and Santa Fe Railwa}^ 
 Company, and any part of its tracks on said Strand street, 
 in which case the said depot company shall hold the said 
 rights subject to the conditions of section 3 hereof. 
 
 Sec. 6. The Gulf, Colorado and Santa Fe Railway Com- 
 pany shall permit all railway companies, to-wit, the Galveston. 
 Houston and Henderson, the International and Great Northern 
 Railway, the Missouri, Kansas and Texas, and the Galveston. 
 Houston and La Porte Railway, now entering Galveston, to 
 use said depot and all tracks on Strand street, from Twenty- 
 seventh to Thirty-seventh streets, on reasonable terms, and 
 shall permit the same to be used on such terms by other rail- 
 ways hereafter entering Galveston ; provided, that said com- 
 pany shall not be required to allow more roads to use said 
 depot than the south half of said blocks will conveniently and 
 reasonably accommodate ; this proviso not to exclude any 
 railway company specifically named herein. 
 
 Sec. 7. That said Gulf, Colorado and Santa Fe Railway 
 Company, or other corporation that may be formed for the 
 purpose of constructing or owning said union passenger depot, 
 undertakes to hold thx city of Galveston harmless, and in- 
 demnify it against all suits, costs, expenses and damages that 
 may arise or grow out of this grant, or by reason of its oc- 
 cupation and use of the right of way and franchise herein 
 granted, and undertakes and agrees to, and does, in accept- 
 ance thereof, waive all claims of title to said portion of the 
 26th street hereby closed, by reason of possession, limitation 
 
 or otherwise. [Approved January 30, 1896. 
 
 378
 
 Appendix. Chap. LXXXII. 
 
 CHAPTER LXXXII. 
 
 GULF, COLORADO AND SANTA FL RAILWAY COMPANY. 
 
 Section i. That section 6 of the ordinance passed January 
 30, 1896, entitled, "An ordinance repeaUng section 4 of the or- 
 dinance passed August 17th, 1885, entitled, Grant to the Gulf, 
 Colorado and Santa Fe Railway company, the same being printed 
 as chapter 45, Revised Ordinances, published by the city in 1893 ; 
 and repealing section 3 of the ordinance of February 7th, 1891, 
 entitled. Grant to the Gulf, Colorado and Santa Fe Railway com- 
 pany, the same being printed as chapter 48 of the Revised Or- 
 dinances, published by the city in 1893, ^^^^ granting to the Gulf, 
 Colorado and Santa Fe Railway company the right to extend 
 two sidetracks from its present track on Strand street, across 
 Twenty-seventh street to block 686, and granting to the said 
 company the exclusive use of a part of Twenty-sixth street," 
 be and the same is hereby amended, so that the same shall 
 hereafter read as follows : 
 
 Sec. 6. The Gulf, Colorado and Santa F'e Railway company 
 shall permit the Galveston, Houston and Henderson Railroad 
 company, the International and Great Northern Railroad com- 
 pany, the ]Missouri, Kansas and Texas Railway company of Tex- 
 as, and the Galveston, La Porte and Houston Railway company, 
 and all railway companies hereafter entering Galveston, to use 
 the said depot and all tracks on Strand street, from Twenty- 
 seventh street to Thirty-seventh street, and into said depot, for 
 the purpose only of running their passenger trains to and from 
 said depot, on reasonable terms ; provided, that the said Gulf, 
 Colorado and Santa Fe Railway company shall not be required 
 to allow more roads to use said depot than the south half of said 
 blocks will conveniently and reasonably accommodate ; this pro- 
 viso not to exclude any railway company specifically named herein. 
 
 Sfc. 2. That the said ordinance, and each and every section 
 thereof, passed January 30th, 1896 — section six (6) whereof is 
 amended by this ordinance — shall be void and of no effect unless 
 said union depot is ready for occupancy and use within eighteen 
 (18) months from date hereof. 
 
 Passed under suspension of the rules at regular meeting of the 
 council, February 17th, 1896. 
 
 379
 
 Chaps. LXXXIII-LXXXIV. Appendix. 
 CHAPTER LXXXIII. 
 
 GRANT TO Till; GLL1\, COLORADO AND SANTA FE RAILWAY COMPANY. 
 
 Article — . That the Gulf, Colorado and Santa Fe Railway 
 company is hereby authorized to construct, operate and maintain 
 an oil tank with a capacity of about one mniion "gallons, on block 
 No. five hundred eighty-three (583), in the city of Galveston; 
 said tank to be constructed of steel, iron or other metal ; provided, 
 that there shall be constructed around said block a reservoir of 
 greater capacity than said oil tank, so that in the event that said 
 oil tank may burst, or any other accident may happen to same, 
 that the oil that may be contained therein will be caught and 
 held in such reservoir; and provided further, that the said em- 
 bankment or dike of said reservoir may occupy twenty-seven 
 feet of the sidewalk and street around said block, and that the 
 said reservoir shall be constructed on plans to be approved by 
 the city engineer. 
 
 Art. — . Said railway company is hereljy granted authority 
 to construct, operate and maintain an oil tank, with a capacity 
 of about twenty thousand (20,000) gallons, on block 640, in the 
 city of Galveston. 
 
 [Approved August 19, 1901. 
 
 CHAPTER LXXXIV. 
 
 GRANT TO GALVESTON CTTV RAILROAD COMPANY. 
 
 Section i. There is hereby granted to the Galveston City 
 Railroad company the right to set poles, pin-abutments, wires 
 and other necessary fixtures, along the streets and alleys of the 
 city of Galveston, for the purpose of furnishing electric light 
 and power, subject to the regulations hereinafter provided. 
 
 Sec. 2. The poles, pin-abutments, wires and other necessary 
 fixtures shall be so set, constructed and operated as not to ob- 
 struct or interfere with the convenient use of the streets by vehi- 
 cles or persons on foot. 
 
 Sec. 3. The wires shtill be strung so as not to interfere with 
 any of the city fire alarm or city electric light wires. 
 
 Sec 4. The right is hereby reserved to the city at any time 
 to direct any alteration in the location of the poles, or in the 
 height at which the wires shall be run. 
 
 380
 
 Appendix. Chap. LXXXIV. 
 
 Sec. 5. The said company shall, at all times, have on deposit 
 with the city treasurer a sum not less than fifty dollars, subject 
 to the order of the city engineer, to he used by him in restoring 
 any sidewalk, gutter, street or alley pavement displaced or in- 
 jured in the setting or removal of any pole set or removed bv 
 said company or for the changing of the location of any of the 
 poles of said company whenever said company fails or refuses to 
 make said alteration to the satisfaction of the city council. 
 
 Sec. 6. The said company shall, at all times, permit the city 
 to use and occupy the top cross-arm of any pole erected or to be 
 erected for fire, police or municipal telegraph or telephone pur- 
 poses free of charge. 
 
 Sec. 7. The said company shall become solel}' responsible and 
 hold the city harmless against all damages growing out of the 
 use of its streets and sidewalks under the provisions of this or- 
 dinance. 
 
 Sec. 8. This grant of license is made suliject to the charter 
 and ordinances of the city of Galveston, as the same now are or 
 may hereafter be. 
 
 Sec. 9. That a consolidation, combination or joining with or 
 uniting with any other company or corporation by the Galveston 
 City Railroad company shall of itself forfeit the rights and 
 privileges hereby granted. 
 
 Sec. 10. That the rights, privileges and licenses hereby grant- 
 ed shall not be transferred or assigned without the consent of the 
 city council of the city of Galveston, and such transfer or assign- 
 ment without such consent shall of itself forfeit the rights, priv- 
 ileges and licenses hereby granted. 
 
 Sec. II. That whenever the charges fixed by said company 
 for lights shall become unreasonable, or beyond what such lights 
 can reasonably be supplied, then the city council reserves the right 
 to fix a maximum rate to be charged by said company either for 
 light furnished to the city or to private consumers. 
 
 Sec. 12. That the said rights, privileges and franchises are 
 hereby granted for the term of twenty-five years from the pas- 
 sage of this ordinance, upon condition that the said company 
 signifies its acceptance in wTiting. to be filed with the city clerk. 
 
 381
 
 Chaps. LXXXV-LXXXVI. Appendix. 
 
 of all of the terms and all of the provisions of this ordinance, 
 within thirty days after its passage. 
 
 Passed under suspension of the rules at a regular meeting, 
 February 21, 1895. 
 
 CHAPTER LXXXV. 
 
 GRANTING FRANCHISE TO GALVESTON CITY RAILROAD COMPANY. 
 
 Section i. That the right, privilege and franchise of con- 
 structing and operating a single track of street railway in the 
 center of Avenue G, from a connection with its present track in 
 Avenue G, near the east side of Fortieth street, -to Forty-first 
 street, and there curving to the south and joining with its present 
 track on said Forty-first street, is hereby granted to the Galveston 
 City Railroad company. 
 
 Sec 2. That this gram is made subject to all the provisions 
 of the ordinance passed by this council on Monday, September 
 1st, 1890, and approved on September 2d, 1890. 
 
 Sec. 3. This grant is made for the term of thirty (30) years. 
 
 Read the first time at a regular meeting, held August 21, 1899. 
 
 Read the second time and passed, under a suspension of the 
 rules, same day, August 21, 1899. 
 
 [Approved August 25, 1899. 
 
 CHAPTER LXXX\'I. 
 
 GRANT To THE GALVESTON CITY RAILWAY COMPANY. 
 
 Section i. Be it ordained by the city council of the city of 
 Galveston, That the right is hereby granted the Galveston City 
 Railway company, its successors and assigns, to construct and 
 maintain a pipe line on Twentieth street, from Avenue I to the 
 northern terminus of said Twentieth street, on the bay, for the 
 purpose of carrying or transporting oil from the power house of 
 said company, to be located on the south half of block two hun- 
 dred and sixty. Said pipe line shall be laid at least two and a 
 half feet below the crest of the street, and the said Galveston City 
 Railway company shall restore the street to the same condition as 
 it may be in just before the construction of its pipe line. All 
 work herein specified shall be done under the supervision of the 
 chief engineer. 
 
 382
 
 Appendix. Chaps. LXXXVII-LXXXYIII. 
 
 Sec. 2. Permission is hereby granted to the Galveston City 
 Railway company, first securing the right to do so from the 
 Galveston Wharf company, to construct and maintain at any 
 point on Twentieth street, north of Avenue A, an oil tank for 
 the reception and storage of oil, and permission is hereby granted 
 to said company to construct and maintain on its property, same 
 being the said south half of block two hundred and sixty, an 
 oil tank for the storage of oil. 
 
 [Approved August 21, 1901. 
 
 CHAPTER LXXXVII. 
 
 GRANT TO THE GALVESTON CITY RAILWAY COMPANY. 
 
 Section i. Be it ordained by the city council of the city of 
 Galveston, That the right be and is hereby granted to the Gal- 
 veston City Railway company to lay and forever maintain a pipe 
 line from a point of connection with its present pipe line in Win- 
 nie street, and thence along Twentieth street to the northern 
 end of Twentieth street, to pier 20. Said pipe line shall be laid 
 two and one-half feet under the crest of the street. 
 
 Sec. 2. Within six months from the passage of this ordinance 
 the said Galveston City Railway company shall remove its pres- 
 ent pipe line on Winnie street, between Nineteenth and Twen- 
 tieth streets, and on Nineteenth street to the bay, and on its 
 failure so to do this ordinance shall become void. 
 
 vSec. 3. The work of laying and maintaining said new pipe 
 and of removing the pipe required to be removed by section 2, 
 shall be done under the direction and supervision 'and to the sat- 
 isfaction of the city engineer, and the said Galveston City Rail- 
 way company shall restore the streets and pavements, if any 
 thereon, to as good condition as the same were in before the 
 commencement of the work herein specified. 
 
 [Approved August 21, 1901. 
 
 CHAPTER LXXXVHI. 
 
 GRANT TO CHARLES F. HOTCHKISS, PURCHASER OF THE GALVESTON 
 CITY RAILROAD COMPANY. 
 
 Section i. That there be and is hereby granted to Charles 
 E. Hotchkiss, the purchaser of the railways, rights, privileges, 
 
 383
 
 Chap. LXXXVIII. Appendix. 
 
 franchises and other property of the Galveston City Railroad com- 
 pany, at the sale thereof under decrees of the Circuit Court of the 
 United States for the Eastern district of Texas, at Galveston, 
 in equity cause No. 337. and purchaser of the railways, rights, 
 privileges, franchises and other property of the Gulf City Street 
 Railway and Real Estate company at the sale thereof, under 
 decrees of said court in equity cause Xo. 338, and to his assigns, 
 and to any corporation that may be organized under the laws of 
 the State of Texas by him or by his associates or assigns for that 
 purpose, and its successors or assigns, the right, privilege and 
 franchise of acquiring, owning, repairing, maintaining and oper- 
 ating the street railways, with the rights, privileges, franchises 
 and other property appertaining thereto, heretofore owned and 
 operated by the Galveston City Railroad company and by the 
 Gulf City Railway and Real Estate company, or either of them, 
 on, across and along the following streets and avenues in the 
 city of Galveston, Texas, and as follows, to-wit : 
 
 On Avenue C or Mechanic street a double track, extending 
 from Twenty-first street to Twenty-fifth street, with a double 
 track connecting curve from south to west at Twenty-first street, 
 from east to south at Twenty-second street, and from east to 
 south at Twenty-fifth street. 
 
 On Avenue D or [Market street, a single track extending 
 from about midway between Seventh and Eighth streets west- 
 wardly to Tenth street ; thence a d()ul)le track westwardly to 
 Thirty-third street with two single track connecting curves, one 
 from east to south, and one from w^est to south, at Twenty-first 
 street, and a double track connecting curve from east to south at 
 Thirty-third street. 
 
 On Avenue E or Postoffice street, a single track from Twenty- 
 first street to Twenty-ninth street, with a single track connecting 
 curve from south to west at Twerrty-first street, from north to 
 east at Twenty-fifth street and from east to south at Twenty- 
 ninth street. 
 
 On Avenue F or Church street, a single track, extending 
 from Twenty-second street westwardly to Forty-first street, with 
 a single track connecting curve from north to west at Twenty- 
 second street, from east to south at Twentv-seventh street and 
 
 384
 
 Appendix. Chap, LXXXVIII. 
 
 from east to south at Forty-first street ; also two single track con- 
 necting curves at Thirty-third street, one from east to south, the 
 other from north to west. 
 
 On Avenue G or Winnie street, a single track, extending 
 from Twenty-second westwardly to Forty-first street, with a sin- 
 gle track connecting curve from north to west at Twenty-second 
 street, from east to south at Twenty-seventh street, one from 
 north to west and one from east to south at Thirty-third street, 
 and one from east to south at Fortieth and Forty-first streets ; 
 also on Avenue G a single track from Eighth street westwardly 
 to Twenty-second street, with a single track connecting curve 
 from south to west at Eighth street and from east to north at 
 Twenty-first street. 
 
 On Avenue H, a single track extending from Eighth street 
 westwardly to Twenty-second street, with a single track con- 
 necting curve from north to west at Eighth street and from east 
 to north and from east to south at Twenty-first street, and from 
 east to north at Twenty-second street. 
 
 On Avenue J or Broadway, a double track from Sixth street 
 westwardly to Fortieth street and a single track from Fortieth 
 street to Forty-first street, with two double track connecting 
 curves, one from north to east and one from north to west at 
 Twenty-first street ; a single track connecting curve from: west 
 to north at Twenty-second street and from east to south at 
 Twenty-ninth street, one double track connecting curve from east 
 to south, one single track connecting curve from north to west 
 and one from west to south at Fortieth street, and one single 
 track connecting curve from north to east at Forty-first street. 
 
 On Avenue L a single track from Eighth street westwardly 
 to Twenty-second street with a single track connecting curve 
 from east to north at Twenty-first street and at Twenty-second 
 street ; also on Avenue L from Twenty-second street to Forty- 
 first street with a single track connecting curve from north to 
 west at Twenty-second street, one from east to north and one 
 from north to west at Fortieth street, and one from east to south 
 at Forty-first street. 
 
 On Avenue M a single track from Twenty-ninth street to 
 Thirty-first street with a single track connecting curve from 
 
 385
 
 Chap. LXXXYIII. Appendix. 
 
 north to west at Twenty-ninth street and from east to south at 
 Thirty-first street. 
 
 On Avenue O a single track from Twenty-ninth street west- 
 wardly to Thirty-seventh street, with a single track connecting 
 curve from north to west at Twenty-ninth street and Thirty-first 
 street and from east to south at Thirty-seventh street. 
 
 On Avenue O a double track from Twenty-first street west- 
 wardly to Twenty-seventh street, with double track connecting 
 curves from north to west at Twenty-first street, from east to 
 north and west to north at Twenty-fifth street, and from east 
 to north and from west to north at Twenty-seventh street, and 
 also a single track on Avenue Q from Twenty-seventh street 
 westwardly to Thirty-third street, with a double track connecting 
 curve from north to west at Twenty-seventh street and a single 
 track connecting curve from east to north at Thirty-third street ; 
 also on Avenue O a single track from Fortieth street to Forty- 
 first street, with one single track connecting curve from north to 
 west at Fortieth street, and two single track connecting curve.s, 
 one from east to south and one from east to north at Forty-first 
 street. 
 
 On Avenue R a double track extending from Forty-first street 
 to Fifty-third street, with a double track connecting curve from 
 north to west at Forty-first street and from east to south at Fifty- 
 third street. 
 
 On Avenue T^^ a single track from Fifty-third street to Fifty- 
 sixth street, with a single track connecting curve from north to 
 west at Fifty-third street and from east to south at Fifty-sixth 
 street. 
 
 On Avenue \'3^ a single track from Fifty-third street to Fifty- 
 sixth street, with a single track connecting curve from north to 
 west at Fifty-third street and from east to north at Fifty-sixth 
 street. 
 
 On Twenty-first street a single track from the south side of 
 Avenue B for one-half block, then a double track southwardly to 
 Avenue 0, there connecting with the double track on Avenue O 
 w ith a single track connecting curve from north to east and from 
 south to east at Avenue G; single track connecting curves, one 
 from east to south and one from west to south at Avenue D, one 
 
 386
 
 Appendix. Chap. LXXXTni. 
 
 from north to east and one from south to east at Avenue H. and 
 with barn curves between Avenue H and Avenue I ; two double 
 track connecting curves from north to east and from north to 
 west at Avenue J and a single track connecting cur^^e from north 
 to east at Avenue L and double track connecting curves from 
 north to west at Avenue O. 
 
 On Twenty-second street a single track from the south side 
 of Avenue B southwardly one-half block, then a double track 
 southwardly to Avenue L with a double track connecting curA-e 
 from east to south at Avenue C. a single track connecting curve 
 from west to south at Avenue C, a single track connecting curve 
 from north to west at Avenue F and at Avenue G and from 
 north to east at Avenue H, and from north to west at Avenue 
 J. and two single track connecting curves at Avenue L. one from 
 north to west and one from north to east. 
 
 On Twenty-fifth street a double track from Avenue C south- 
 wardly to Avenue Q, with a double track connecting cur\-e from 
 east to south at Avenue C and from north to east and north to 
 west at Avenue O ; also a single track connecting curs'e from 
 north to east at Avenue E. 
 
 On Twenty-seventh street a single track extending from Ave- 
 nue F southwardly to Avenue X ; thence a double track to Ave- 
 nue Q. with a single track connecting cur^^e from east to south 
 at Avenue F and at Avenue G; also a double track connecting 
 curve from west to south and from north to east at Avenue O. 
 
 On Twenty-ninth street a single track from Avenue E to Ave- 
 nue O. with a single track connecting curve from east to south 
 at Avenue E and at Avenue T. and also from north to west at 
 Avenue ]\I and at Avenue O. 
 
 On Thirty-first street a single track from Avenue ]M to Ave- 
 nue O, with a single track connecting curve from east to south 
 at Avenue ]\I and from north to west at Avenue O. 
 
 On Thirty-third street a double track from Avenue D to Ave- 
 nue G ; a single track from Avenue G to Avenue X^ ; a double 
 track from Avenue X^S to O ; a single track from Avenue O to 
 Avenue O, with a double track connecting curve from east to 
 south at Avenue D, two single track connecting curves, one from 
 north to west and one from east to south, at Avenue F; two 
 
 387
 
 Chap. LXXXVIII. Appendix. 
 
 single track connecting curves, one from north to west and one 
 from east to south, at Avenue G, and a single track connecting 
 curve from north to east at Avenue O. 
 
 On Thirty-seventh street a single track from Avenue O to 
 Avenue R, with a single track connecting curve from east to 
 south at Avenue O. 
 
 On Fortieth street a single track from x\venue G to Avenue 
 J ; thence double track to Avenue L ; thence single track to Ave- 
 nue Q, with a single connecting curve from east to south at Ave- 
 nue G ; a single track connecting curve from north to west and 
 from west to south and a double track connecting curve from 
 east to south at Avenue J ; two single track connecting curves, 
 one from north to west and one from east to north, at Avenue L ; 
 Three barn and one yard curve between Avenue L and Avenue 
 M and a single track connecting curve from north to west at 
 Avenue O. 
 
 On Forty-first street a single track from Avenue F' to Ave- 
 nue J, with a single track connecting curve from east to south at 
 Avenue F and from north to east at Avenue J ; also on Forty- 
 first street a single track from Avenue L to Avenue Q ; thence a 
 double track from Avenue O to Avenue R with a single track 
 connecting curve from cast to south at Avenue L, two single 
 track connecting curves, one from north to east and one from 
 south to east, at Avenue O, and a doulile track connecting curve 
 from north to west at Avenue R. 
 
 On Fifty-third street a double track from Avenue R south- 
 wardly to Avenue S ; thence a single track southwardly to Avenue 
 V>^, with a double track connecting curve from east to south at 
 Avenue R and a single track connecting curve from north to west 
 at Avenue T and at T>4. 
 
 On Fifty-sixth street a single track from Avenue T^ south- 
 wardly to Avenue Yy^, with a single track connecting curve 
 from east to south at Avenue T^^ and from north to east at Ave- 
 nue Yy.. 
 
 Together with all necessary switches, sidetracks, turnout^, 
 crossovers, poles, wires, machinery, sheds, power houses, real es- 
 tate and other suitable works and structures in connection with 
 
 .388
 
 Appendix. Chap. LXXXYIII. 
 
 said railways and with the right to own and operate the same as 
 an entirety. 
 
 Sec. 2. That the grantees herein and any person or cor- 
 poration hereafter purchasing or owning the street railways de- 
 scribed in the preceding section, be and they are hereby author- 
 ized and empowered to use electricity as a motive power in run- 
 ning and operating cars on and over said lines of railway and to 
 supply at reasonable prices electric light and power to the inhab- 
 itants and to the city of Galveston, and to that end shall have 
 the right and are hereby authorized to set and maintain poles, 
 pins, abutments, wires and other suitable fixtures on, along and 
 across any of the streets and alleys of the city of Galveston, sub- 
 ject to the following- regulations, to-wit : 
 
 (a) The poles used as herein provided shall be of sound 
 timber, not less than five inches in diameter at the upper end, 
 reasonably straight and of uniform size. All poles when placed 
 shall be thoroughly painted with one coat of mineral paint of 
 such colors as may be directed by the city or those designated 
 by it, but in case said poles are creosoted, then the same need 
 not be painted. Said trolley wires shall be run at a height of not 
 less than eighteen feet above the grade of the street, and all other 
 wires at a height of not less than twenty feet. Whenever the 
 poles are erected on a street they shall be placed, in all cases 
 when practicable, on the outer edge of the sidewalk, just inside 
 the curbstone, and on the line dividing the lots one from the 
 other, and in no case to be so placed as to obstruct the drainage 
 of the street, or to interfere with or damage in any way the 
 curbstone or other public or private property on the line of the 
 street or alley where such poles shall be erected. x\ll work of 
 excavating, refilling and restoring the pavement shall be done at 
 the expense of the owner of said railways under the supervision 
 of the citv engineer and to his entire satisfaction, and in all cases 
 the pavement shall be restored as soon as possible and to the same 
 condition as it was before. 
 
 (b) The right is hereby reserved to the city, at any time, 
 to direct any alteration in the location of poles or in the height 
 at which the wires shall be run, or in case the said wires and 
 poles shall at any time be deemed a nuisance or obstruction by 
 
 2Q_ 389
 
 Chap. LXXXYIIT. Appendix. 
 
 the city council, to direct and compel the removal and change of 
 the same so as to comply with the terms of this ordinance. 
 
 (c) The owners of said railways shall at all times keep on 
 deposit with the city treasurer the sum of not less than fifty 
 dollars, subject to the order of the city engineer, to be used by 
 him in restoring any sidewalk, gutter, street or pavement dis- 
 placed or injured in the erection, alteration or removal of any 
 such poles whenever the owner fails or refuses to make such 
 restoration to the satisfaction of the committee on streets and 
 alleys and city engineer. 
 
 (d) The said owner stiall at all times permit the city to use 
 and occupy the crossarm of any pole erected, or to be erected, 
 for fire, police or municipal telegraph or telephone purposes, free 
 of charge . 
 
 (e) That said owner shall become solely responsible and hold 
 the city harmless against all claims, suits, expenses 'and damages 
 growing out of the use of electricity as a motive and lighting 
 power, and the use of the streets, alleys and sidewalks, and the 
 placing of its poles, wires and equipments and the use of all or 
 any of said privileges and property under the provisions of this 
 ordinance. 
 
 (f) Whenever the chaiges fixed by the owner of said prop- 
 erties for lights shall become imreasonable, or beyond what such 
 lights can reasonably be supplied for, then the city council re- 
 serves the right to fix a maximum rate to be charged by said 
 company either for light furnished to the city or to private con- 
 sumers. 
 
 (g) Said wires and poles shall be constructed, maintained 
 and operated in such a manner as to interfere in no way with 
 the city's fire alarm and telegraph and electric light plants. 
 
 Ch) Said grantees, their successors and assigns, shall not con- 
 solidate, or in any manner combine, their electric light and power 
 business, rights, franchises or property with those of any other 
 company. 
 
 (i) Whenever said city shall. reqtiire any other company or 
 person owning or operating wires in said city for supplying light 
 or power, or both, to place the wires under ground, then and 
 thereafter the said city shall have the right to require the grantee 
 
 390
 
 Appendix. Chap. LXXXVIII. 
 
 herein and his successors and assigns to place under ground all 
 wires used only for the purpose of supplying light and power 
 to said city or the inhabitants thereof, and to pass all measures 
 necessary and proper to that end. 
 
 Skc. 3. The grantees named and their successors and assigns 
 shall at all times keep the roadbed of said railway in good repair 
 and upon a level with the street, and when a street is raised or 
 lowered the owners of said railways shall raise or lower their 
 track and roadbeds to conform thereto; and whenever the city 
 shall hereafter fill, grade, pave or otherwise improve any of the 
 streets or avenues occupied by any of said tracks, then the own- 
 ers of said tracks and of the rights hereby granted shall pay all 
 expenses of filling, grading, paving or otherwise changing, im- 
 proving and maintaining the street between the rails of their 
 respective tracks, and between all double tracks and for the space 
 of one foot on the outside of the rails ; and shall also construct 
 and keep in good repair all cross culverts, whenever the same 
 may be required by the city, under their tracks, said culverts to 
 extend across the streets from sidewalk to sidewalk, all of which 
 work shall be done subject to the approval and under the direc- 
 tion of the city council, or such officer or committee as it may 
 designate ; and when the owners or operators of said railways 
 shall fail to construct and keep in order the culverts, tracks and 
 roadbeds, as required by this ordinance, the city shall have the 
 right to cause them to be constructed or put in proper condition 
 and repair at the expense of said owners or operators, and in 
 the event of their refusal to pay the same the city may sue for 
 the amount. The city at its option may require the owners or 
 operators of said railway or railways to make the changes, im- 
 provements and repairs and do the work hereinbefore specified 
 in this section, or the city itself may make, or cause to be made, 
 said changes, improvements and repairs, and may do or cause 
 to be done any or all of the work specified in this section, and the 
 cost thereof, together with the expense of collecting the same, 
 shall be a special tax and lien" against the roadbed, ties, rails, 
 fixtures, rights, franchises and property of such railways or 
 railway companies, and they shall be due and collected by the 
 city whenever and as soon as such improvements, changes and 
 
 391
 
 Chap. LXXXVIII. Appendix. 
 
 repairs, or other work, are completed and accepted by the city 
 council, it being the purpose hereof, and it being hereby expressly 
 ordained that the said railways or railway companies shall in all 
 instances either make all said changes, repairs, improvements 
 and work at their own cost and expense, or, should the city so 
 prefer, it may do or cause to be done the same in such manner 
 and of such material as it may choose, and hold said railways and 
 railway companies, and all of their said property, liable for the 
 same with a valid first lien hereby conferred to and agreed to 
 against all of said property of said railways or railway compa- 
 nies, to secure all costs and, expenses incurred by said city in 
 and about the changes, repairs and improvements and work here- 
 inbefore designated. 
 
 Sec. 4. That the rate of fare shall not exceed 5 cents for each 
 person over 5 years of age for one continuous carriage in the 
 same direction by the car, or for the entire circuit of any belt 
 line as heretofore or hereafter operated, or for such portion 
 thereof as may be traveled by the passenger ; and no fare shall be 
 charged for the carriage of children under 5 years of age, unless 
 they occupy seats in the car. 
 
 Sec. 5. Members of the police force and fire department of 
 the city of Galveston, while in active service, shall not be re- 
 quired to pay any fare, and from the first day of May to the first 
 day of September of each year there shall be established by the 
 owners of said street railroad a station at some place to be desig- 
 nated by them on the street known as Twenty-first or Center 
 street, where transfers without additional charge shall be fur- 
 nished between the hours of 5 o'clock p. m. until the cars stop 
 running for the day to all passengers traveling to or from the 
 beach. 
 
 Sec. 6. That the powers, rights, privileges and franchises 
 hereby granted and conferred shall exist and continue for a period 
 of fifty years, from the 1st day of December. 1900, to December 
 I, 1950, at which time the same shall cease and determine, but on 
 the first day of December, 1925, the city of Galveston shall have 
 the option, right and privilege of purchasing all the street rail- 
 ways hereby authorized to be owned, maintained and operated, 
 together with all the sidetracks, switches, crossovers, turnouts, 
 
 392
 
 Appendix. Chap. LXXXVIIL 
 
 poles, wires, machinery, sheds, power houses and other apph- 
 ances and properties of every character used or required in con- 
 nection with said railways and the operation thereof, at the value 
 of the same at that time, as such value shall be ascertained and 
 determined by an appraisement or arbitration in the mode pre- 
 scribed ]\v the laws of Texas relating to arbitration ; and if the 
 said option, right and privilege of so purchasing shall not be 
 exercised by the city of Galveston on said first day of December, 
 1925, then such option, right and privilege of so purchasing shall 
 recur every five years thereafter until the expiration of the rights 
 and franchises herein granted, as above provided. 
 
 Sec. 7. Whenever the gross income of the aforesaid street 
 railways from passenger fares shall amount to three hundred 
 thousand dollars per annum, or over, the citv of Galveston shall 
 have the right to pass appropriate ordinances requiring the said 
 railroad company to furnish all passengers with transfers, who 
 may be compelled to use two lines of said railroad company to 
 reach their destination. 
 
 Skc. 8. That it is further ordained and provided as a condi- 
 tion of this grant that said grantee, or his assigns, or the cor- 
 poration that may be organized under the laws of the State of 
 Texas by him or his associates and assigns, shall and do hereby 
 agree to pay or cause to be paid to the city of Galveston the 
 amount of a certain decree entered March 22nd. 1900, in equity 
 cause 337, entitled Guaranty Trust Co. of New York et al vs. 
 Galveston City Railroad Co., in the Circuit Court of the United 
 States for the Eastern district of Texas, at Galveston, the same 
 being in favor of the city of Galveston, for $30,000.00, with in- 
 terest thereon from March 22nd, 1900, at the rate of 6 per cent 
 per annum, and all costs of suit (all of which is fully set forth 
 in said decree, to which reference is hereby made, an appeal from 
 which decree is now pending in the United States Circuit Court 
 of Appeals for the Fifth circuit), the same being the value as 
 claimed bv the said city for its interest as a stockholder or mort- 
 gagee, or otherwise, in the Galveston City Railroad company and 
 its propertv, under the contract with B. Rush Plumley and his 
 associates, of Mav, 1866, and any contract or ordinance amend- 
 atorv thereof, or supplemental thereto; and if the amounts above 
 
 393
 
 Chap. LXXXYIII. Appendix. 
 
 specified shall not have been paid to said city of Galveston within 
 thirty days from the date this ordinance shall take efifect, then 
 this grant, and all rights thereunder, shall cease and become void, 
 without any further action on the part of said, city ; provided, 
 however, that the said city, if said grantee or his assigns so de- 
 sire, shall transfer and assign said decree, and all its rights and 
 interest thereunder, to the grantee or his assigns, without re- 
 course upon the city of Galveston, and the said city shall in 
 its own name but for the use and benefit of said grantees or 
 his assigns defend and resist in the said Circuit Court of Appeals 
 the appeal now pending therein from the aforesaid decree of 
 March 22nd. 1900; and provided further, that nothing herein 
 contained shall be construed as a settlement of any other claim, 
 right or lien asserted by said city of Galveston against said Gal- 
 veston City Railroad company and other parties and property 
 in equity causes Nos. 337 and 338. 
 
 Se;c. 9. That the powers, rights, privileges and franchises 
 hereby granted and conferred shall be and are in lieu of the 
 powers, rights, privileges and franchises arising from and con- 
 ferred by the contract between the city of Galveston and B. Rush 
 Plumly and associates, entered into May, 1866, and also arising 
 from and conferred by the following ordinances, to-wit : An 
 ordinance making a grant to the People's Railway company, ap- 
 proved July 10, 1873, and amended March 3, 1875; ordinance 
 making a grant to the Galveston City Railroad company, passed 
 September 7, 1885; an ordinance making a grant to the City 
 Railroad company, approved October 6, 1885, and an ordinance 
 making a grant to the Galveston City Railroad company April 
 9, 1886; an ordinance making a grant to the Galveston City 
 Railroad company, approved December 6, 1887; an ordinance 
 making a grant to Francis D. Allan and associates, approved 
 November 6, 1883 ; an ordinance making a grant to Francis D. 
 Allan and associates, approved Alarch 5, 1884: an ordinance 
 making a grant to the Gulf City Street Railway and Real Estate 
 company, passed April 22, 1884; an ordinance making a grant 
 to the Gulf City Street Railway and Real Estate company, passed 
 August 4, 1884; an ordinance making a grant to the Gulf City 
 Street Railway and Real Estate company and revoking a grant 
 
 394
 
 Appendix. Chap. LXXXIX. 
 
 to the Galveston City Railroad company, or People's Railway 
 company, approved September 9, 1885 ; an ordinance making- a 
 grant to the Gulf City Street Railway and Real Estate company, 
 approved September 25, 1885 ; an ordinance making a grant to 
 the Gulf City Street Railway and Real Estate company, approved 
 October 6, 1885 ; an ordinance making a grant to the Gulf City 
 Street Railway and Real Estate company, approved April 22, 
 1886, and an ordinance granting franchises to the Galveston City 
 Railroad company, passed February 21, 1895, and all the said 
 ordinances, resolutions, contracts or acts of said citv of Galves- 
 ton, hereinbefore named, and be and they are expressly repealed, 
 this ordinance being hereby ordained and accepted as a complete 
 substitute therefor, but without affecting any of the rights ac- 
 quired by the purchaser under the decree and sale of the United 
 States Circuit Court of the aforesaid railroad and properties, ex- 
 cept as otherwise provided by this ordinance. 
 Passed December 17, 1900. 
 
 CHAPTER LXXXIX. 
 
 GRANT TO TlITi: GALVESTON AND WESTERN RAILWAY COMPANY AND 
 THE GAEVESTON, LA PORTE AND HOUSTON RAILWAY COMPANY. 
 
 Sectfon I. The rights of way upon which to construct, main- 
 tain, own and operate a railroad, with such sidetracks, turnouts 
 and switches as may be necessary, be and the same are hereby 
 granted to the Galveston and Western Railway company, as 
 follows : 
 
 To construct its tracks from F'orty-third street westwardly 
 along Postofifice street to the western limits of the city, with the 
 right to curve northwardly from said Postoffice street to Avenue 
 A ; thence eastwardly along and upon Avenue A to the eastern 
 limits of the city, with the right to connect its tracks with those 
 of the Galveston, Plouston and Plenderson Railway company, the 
 Gulf, Colorado and Santa Fe Railway company, and the Galves- 
 ton Wharf company ; also with the right to extend its tracks and 
 switches north of Avenue A, so as to connect with the tracks of 
 the Galveston Wharf company, and those of any and all other 
 railroad companies now or that may hereafter be built upon said 
 Avenue A, or north thereof. 
 
 395
 
 Chap. LXXXIX. Appendix. 
 
 Sue. 2. That the grant herein made shall extend only to so 
 much of the streets and alleys as the city of Galveston has the 
 right to grant to railroads under the laws of the State ; and the 
 ordinances and grants of and by the city of Galveston heretofore 
 made and now in effect. 
 
 Sec. 3. That the rights of way hereby granted may be occu- 
 pied, used and enjoyed by the Galveston and Western Railway 
 company and by the Galveston, La Porte and Houston Railway 
 company. 
 
 Sec. 4. The right to regulate the grade of said track and 
 crossings over the same streets and alleys for sanitary, police 
 or other municipal or economic purposes over the right of way 
 herein granted, especially reserved to the city of Galveston and 
 in constructing and maintaining said tracks, said company shall 
 conform to and be governed by the charter and ordinances of 
 the city, as the same are now or may hereafter be, and shall re- 
 store the streets to the condition required by the same, and shall 
 at all intersections of streets where the streets are now used, or 
 may be hereafter used, erect and maintain suitable and sufficient 
 crossings, which crossings shall be constructed from curb line 
 to curb line across said streets, and erect and maintain other 
 means and devices for the safety of the public over and about said 
 tracks, upon the request of the city council, at its own cost and 
 expense, under the direction and supervision of the city engineer. 
 
 Sec. 5. That in the event that said railway company shall 
 proceed to construct, maintain and operate a railway over the 
 right of way herein granted, then any other railroad company 
 desiring to participate in the ownership and operation of the same, 
 it may do so by paying an equal pro rata of the cost of said rail- 
 road over the said right of way, and in case said railway com- 
 panies cannot agree upon the cost of the said railroad upon 
 terms satisfactory among themselves, then the same shall be de- 
 termined by a board of arbitration, consisting of one arbitrator 
 to be appointed by the city of Galveston and one arbitrator to 
 be appointed by the railway company or companies owning- or 
 operating the same ; and in case of disagreement of said arbitra- 
 tors, they shall appoint an umpire to decide the matter; and 
 should the said railway company or companies refuse to appoint 
 
 39fi
 
 Appendix. Chap. LXXXIX, 
 
 an arbitrator when applied to, then, in that case, the city council 
 shall proceed to appoint two arbitrators who shall proceed to 
 determine the matter as hereinbefore provided. It is the object 
 of this section to make a general railroad over the right of way 
 herein granted, to the end that all railway companies that may 
 now or hereafter terminate in Galveston, so desiring, may ac- 
 quire equal rights in the ownership and operation of said railroad. 
 
 Sec. 6. The said Galveston and \\'estern Railway company 
 and the said Galveston, LaPorte and Houston Railway company 
 shall, within ten days from the passage of this ordinance, sig- 
 nify their acceptance in writing of each and every provision of 
 this ordinance, and failure so to do on the part of either com- 
 pany within the time specified shall ipso facto work as a for- 
 feiture of the rights herein granted. 
 
 Sec. 7. The privileges herein given arc granted for the period 
 of thirty years. 
 
 Sec. 8. The rights and privileges herein given are granted 
 on the express condition that the construction of said roadbed 
 from Forty-third street west on Postoffice street shall be begun 
 within ninety-one days from the date of the passage of this or- 
 dinance ; and the grading thereof shall be completed within six 
 months from said date to the western limits of the city, and fail- 
 ure so to commence, or so to complete said work, shall ipso facto 
 work a forfeiture of all the privileges and rights herein granted. 
 
 Sec. 9. That the privileges, rights, grants and franchises 
 made and extended by this ordinance shall be in lieu of, as a sub- 
 stitute in full for, and conditioned upon a surrender of all priv- 
 ileges, rights, grants and franchises by the city of Galveston, 
 heretofore at any time and in any manner made, given or ex- 
 tended either to the Galveston, Brazos and Colorado Narrow 
 Gauge Railway company, the Texas Mexican Railway company 
 or the Galveston and Western Railway company, on Ninth street 
 between Avenues A and N. and on Avenue N between Ninth 
 and Forty-third streets ; and it is distinctly provided, agreed and 
 understood that none of the privileges, rights, grants or fran- 
 chises under this ordinance shall take effect or become operative, 
 unless the said Galveston and Western Railway company shall, 
 within ninety days from and after the date of the passage of this 
 
 397
 
 Chap. XC. Appendix. 
 
 ordinance, remove all its tracks, sidetracks, turnouts, switches, 
 rails, crossties and all its other property from any and all portions 
 of Ninth street and from all portions of Avenue N east of Forty- 
 third street ; and it is further distinctly provided, agreed and 
 understood that by the acceptance of the grant made by this or- 
 dinance or by the exercise of any of the privileges or rights con- 
 ferred by this ordinance, the said Galveston and Western Rail- 
 way company thereby forever abandons and surrenders any and 
 all right or claim of right to use or in any way occupy any por- 
 tion of Ninth street and any portion of Avenue N east of Forty- 
 third street. 
 
 Passed under suspension of rules at an adjourned regular 
 meeting held April 6, 1895. 
 
 CHAPTER XC. 
 
 GRANT TO GAIA'ESTON, LA PORTE AND ITOL'STON RAIIAN'AY COIVIPANY. 
 
 Section 1. That the right of way, together with the right, 
 privilege and license of constructing, maintaining and operating 
 a steam railway with all necessary and convenient switches, side- 
 tracks, and connection is hereby granted to the Galveston, La 
 Porte and Houston Railway company upon, over and along the 
 following named avenues and streets, viz. : Upon, over and along 
 Avenue E, from the western limits of the city eastward to the 
 west line of Twenty-ninth street, together with the right to con- 
 struct, extend, maintain and operate their railway from and be- 
 tween the most suitable and convenient points on said Avenue E 
 north to Avenue A and south to any point on Avenue E west of 
 Thirty-sixth street, for the purpose of making proper connection 
 with existing railways, subject to the other provisions of this 
 ordinance, on said streets or with those which may hereafter be 
 constructed, together with the right to construct, maintain and 
 operate their said railway, from such said points as is reached on 
 Avenue A, upon, over and along Avenue A eastward to the 
 eastern limits of the city, together with the right to make all suit- 
 able and necessary switches, sidetracks and connections with other 
 railways north of Avenue E west of Thirty-sixth street, and north 
 of Avenue E west of Twenty-ninth street, and north of Avenue 
 A from the western to the eastern limits of the city of Galves- 
 
 398
 
 Appendix. Chap. XC. 
 
 ton, and with all warehouses, factories, cotton presses and wharfs 
 as may be most convenient for the proper transaction of their 
 business, and for all such purposes, the further right to cross 
 over all intersecting- streets or alleys. 
 
 Sec. 2. The grant hereby made shall be for the term of thirty- 
 five years and shall extend only to such portions of avenues, 
 stieeu. and alleys and the use thereof as the city of Galveston 
 has the right to grant to railways under the laws of the State 
 and under the charter and ordinances of the city of Galveston, 
 and grants privileges, licenses and franchises heretofore made 
 by the city of Galveston to other persons or corporations. 
 
 Sec. 3. The grant hereby made is done with the express stip- 
 ulation and agreement that work on the main track of said rail- 
 way shall be commenced within thirty days and shall be continued 
 to completion without unnecessary delay, and that the terms of 
 this franchise as relates to switches, sidetracks and connections 
 exist during the full term of this grant ; provided, however, that 
 the city of Galveston reserves to itself the right to declare and 
 fix the location of such main tracks, switches, sidetracks and 
 connections. 
 
 Sec. 4. The grant hereby made is done with the express stip- 
 ulation and agreement that in case the said railway company shall 
 construct such tracks, switches, sidetracks and connections as 
 herein contemplated and set forth, and thereafter for any cause or 
 reason shall fail to maintain and operate said track in full com- 
 pliance with the rules and regulations and ordinances established 
 by the city council of Galveston, or shall for a period of six months 
 fail to maintain and operate such property, and then in such case 
 all the rights and franchise herein conveyed shall revert to the 
 city of Galveston without further process of law, and the said 
 railway company by the acceptance of the terms of this grant in 
 such last mentioned condition thereby waives all right to continue 
 in the enjoyment of the said franchise and agrees that the city of 
 Galveston may enter upon and remove all such tracks, switches, 
 sidings and connections as may have been constructed by said 
 railway company in said streets and alleys. 
 
 Sec. 5. The grant hereby made is done with the express stip- 
 ulation and agreement that the said railway company, by accept- 
 
 399
 
 Chap. XC. Appendix. 
 
 ance of the same, agrees and undertakes to hold the city of Gal- 
 veston harmless and indemnify it against all suits of whatsoever 
 nature, costs, damages, claims and expenses that may arise or 
 grow out of the occupation and use by said railway company of 
 the right of way and franchise hereby granted. 
 
 Sec. 6. The rights, duties and obligations of said railway 
 company over the rights of way hereby granted shall be governed 
 and controlled by the general laws of the State, and the charter 
 and ordinances of the city of Galveston as they now are or may 
 hereafter be and the right to establish and regulate the grade 
 and location of said tracks along, over and across said avenues, 
 streets and alleys ; also, the character and dimensions of all cross- 
 ings, protection and drainage of the same, for sanitary, police 
 or economic purposes, especially reserved to the city of Galves- 
 ton, and all crossings so constructed shall be made and built 
 from curb line to curb line. 
 
 Sec. 7. Before any of the terms of this grant may be used or 
 enjoyed by said railway company, it shall signify its agreement 
 to any acceptance of the ordinance and all its terms in writing, 
 properly signed by its authorized president, and deposited with 
 the clerk of the city of Galveston. 
 
 Sec. 8. That in the event said railway company shall proceed 
 to construct, maintain and operate a railway over the right of way 
 herein granted, then any ,othcr railway company desiring to 
 participate in the ownership, management, control and operation 
 of the same may do so by paying an equal pro rata of the actual 
 original cost of said railway over said right of way, and there- 
 upon said other company shall have equal control, ownership 
 and management in the railway and its operations, and in case 
 said railway companies cannot agree upon the cost of said rail- 
 road among themselves, then the same shall be determined by 
 a board of arbitration, consisting of one arbitrator to be appointed 
 by the company desiring to enter upon said railroad, and one ar- 
 bitrator to be appointed by the grantee herein or its successor, 
 and in case of the disagreement of said arbitrators then the city 
 council of the city of Galveston shall appoint an umpire to decide 
 the matter, whose decision shall be final and binding. And 
 should the said railroad company or companies refuse to appoint 
 
 400
 
 Appendix. Chap. XC. 
 
 an arbitrator when applied to, then in that case the city council 
 shall appoint two arbitrators who shall proceed to determine the 
 matter as hereinbefore provided, or at the option of the council 
 of the city of Galveston his franchise or license to become null 
 and void, and said track shall be removed from said street or 
 streets wathin thirty days from the date on which said council 
 shall order said removal. 
 
 It is the object of this section to make a general railroad over 
 the right of way granted herein, to the end that all railway com- 
 panies that may now or hereafter terminate in Galveston, so 
 desiring, may acquire equal rights in the ownership, manage- 
 ment, control and operation of said railroad. 
 
 Sec. 9. The franchises, rights of way and all other privileges 
 and easements granted to or conferred upon the said Galveston, 
 LaPorte and Houston company by any of the provisions of this 
 ordinance are, however, granted and conferred by the city of 
 Galveston and are accepted by the said Galveston, LaPorte and 
 Houston Railway company upon the express condition that neither 
 the said Galveston, LaPorte and Houston Railway company nor 
 its successors, nor its assigns, shall run, transport or operate, or 
 permit or suffer to be run or transported or operated, its engines 
 and cars, or any of them, or the engines and cars of any other 
 railway company or corporation, upon or along the following 
 streets of the city of Galveston, viz. : Avenue N and Ninth 
 street ; or make any connections with any railroad now on either 
 of said streets, and by any such use, or attempted use, of the 
 said Avenue N and Ninth street, or any portion of either of them, 
 by the said Galveston. LaPorte and Houston Railway company, 
 or its successors or assigns (except for the purpose of crossing 
 Ninth street at its intersection with Avenue A), the said Gal- 
 veston, LaPorte and Houston Railway company, or its successors 
 or assigns, shall, without any suit or suits being instituted for 
 that purpose, forfeit all franchises, rights of way and all other 
 privileges and easements by this ordinance granted, and all such 
 franchises, rights of way and privileges and easements shall there- 
 upon immediately cease and determine and be incapable of re- 
 sumption, and the city of Galveston shall have the right, without 
 any suit or suits or other judicial proceedings, by and through 
 
 401
 
 Chap. XC. Appendix. 
 
 the mavor of said city, as hereinafter provided, to take possession 
 of all of said streets of said city of Galveston over and along 
 which the franchises, rights of way, privileges and easements are 
 herein granted to the said Galveston, LaPorte and Houston 
 Railway company, and remove therefrom the tracks, engines and 
 cars, and all other property of the said Galveston, La Porte and 
 Houston Railway company, or its successors or assigns, or in its 
 or their possession or control. 
 
 Sec. io. Any use or attempted use by the said Galveston, 
 LaPorte and Houston Railway company, or its successors or 
 assigns, or by any officer or officers, or agent or agents, or em- 
 ploye or employes, of the said Galveston, LaPorte and Houston 
 Railway company, or its successors or assigns, of the said fran- 
 chises, rights of way, privileges and easements, by this ordinance 
 granted and conferred, after the said franchises, rights of way, 
 privileges and easements have ceased and determined, as provided 
 in the preceding section, shall be deemed and is hereby declared 
 to be an unlawful obstruction of the streets of the said city of 
 Galveston, and upon due conviction thereof such corporation, or 
 person or persons, so oft'ending shall be fined in any sum not less 
 than ten and not more than one hundred dollars for each such 
 offense, and any such person or persons shall also be liable to 
 imprisonment for a period of time not exceeding fifteen days for 
 each offense, in the discretion of the court trying said cause, and 
 each day such offense shall continue shall be considered a sepa- 
 rate oft'ense. 
 
 Sec. II. It shall be the duty of the mayor of said city, after 
 said franchises, rights of way, privileges and e'asements have 
 ceased and determined, as hereinbefore provided, to cause all of 
 said property of the said Galveston, LaPorte and Houston Rail- 
 way company, or its successors or assigns, or in its or their pos- 
 session or control, to be at once removed from said streets along 
 which said franchises and rights of way are herein granted ; and 
 should the said mayor deem it necessary, he shall order the chief 
 of police, or other qualified officer, to proceed with a sufficient 
 force to remove all said property therefrom, and said chief of 
 police, or other qualified officer, as aforesaid, is hereby fully au- 
 thorized and empowered to summon such force as he may deem 
 
 402
 
 Appendix. Chap. XCI. 
 
 necessary to enforce the provisions of this ordinance, and to re- 
 move all said property and abolish all obstructions created thereby. 
 
 Sec. 12. All the provisions of this ordinance shall apply to 
 and be binding upon each and every railway company availing 
 itself of any of the franchises, rights of way or other privileges 
 or easements granted by this ordinance, and the provisions of sec- 
 tion 10 of this ordinance shall also apply to any officer or officers, 
 agent or agents, employe or employes, of any such railway com- 
 pany violating the provisions of said section lo of this ordinance. 
 
 Sec. 13. In the event the Galveston and Western Railway 
 company shall hereafter be lawfully granted by the city council 
 of the city of Galveston the right and authority to run engines 
 and cars and transport freight and passengers upon or along 
 said Avenue N from Forty-first street to Ninth street, of said 
 city, and on Ninth street from Avenue N to Avenue A, of said 
 city ; or in the event said rights and authority be hereafter es- 
 tablished in said Galveston and Western Railway company by 
 the final judgment of any court of competent jurisdiction, ren- 
 dered in any suit or suits now pending, or hereafter instituted, 
 in which said Galveston and Western Railway company is or 
 shall be a party, then sections 9, 10, 11 and 12 of this ordinance 
 shall be null and void. 
 
 [Passed May 35, 1895. 
 
 CHAPTER XCI. 
 
 GALVESTON, LA PORTE AND HOUSTON RAILWAY COMPANY. 
 
 Section i. .That there is hereby granted to the Galveston, 
 LaPorte and Houston Railway company a right of way across 
 Sixteenth. Fifteenth, Fourteenth, Thirteenth, Twelfth and Elev- 
 enth streets of the city of Galveston, up to the western line of 
 Tenth street of said city, for the purpose of locating, maintaining 
 and operating on the way herein granted a steam railroad ; the 
 right of way herein granted being across said streets north of 
 Avenue A, in the city and county of Galveston. 
 
 Sec. 2. Said railway company is hereby granted the right to 
 close Eleventh, Twelfth and Thirteenth streets of said city north 
 of Avenue A, and to use the same for yard room ; provided, how- 
 ever, that said streets may at any time be declared open by the 
 
 40.3
 
 Chap. XCII. Appendix. 
 
 city council of the city of Galveston, and upon such declaration 
 being- made bv said city council said railway company shall re- 
 move any and all obstruction to the opening of said streets, ex- 
 cept its tracks, which shall, however, as to grade and method of 
 construction, be subject to the control and approval of the city 
 engineer. 
 
 SevC. 3. This grant and each and every license or right herein 
 or hereby conveyed to said railway company is made upon the 
 express condition and with the distinct understanding, which 
 condition and understanding is by the consideration of the priv- 
 ileges hereby granted, assented to and confirmed by said rail- 
 way company, that said company will at its own proper cost and 
 expense fill to grade said Thirteenth. Twelfth and Eleventh 
 streets, beginning at such point on each of said streets north 
 of Avenue A, and where the property of said company conveni- 
 ences and proceeds as far north as said company may use said 
 streets for the purposes enumerated in said ordinance. And in 
 the event said company shall fail, refuse or neglect to fill said 
 streets and each of them, to grade within one year from the 
 passage of this ordinance, then and in that event each and every, 
 all and singular, the privileges and rights hereby granted shall 
 by said failure be canceled and annulled, and it shall not be neces- 
 sary, to effect and bring about said cancellation and such annul- 
 ment, for the city of Galveston to i:0 into any court. 
 
 Sec. 4. And to evidence the assent and acceptance by said 
 railway company of this ordinance and each and every of its 
 terms, regulations and conditions, said railway company shall, 
 within ten days from the passage hereof, and before it begins any 
 work under the license and rights herein permitted, notify in writ- 
 ing the city clerk of the city of Galveston of its acceptance of 
 this ordinance and each and every the term thereof. 
 
 [Passed July 15, 1895. Passed over veto ,)uly 23, 1895. 
 
 CHAPTER XCII. 
 
 GRANT TO THE GALVESTON, HOUSTON AND HENDERSON RAILROAD 
 
 COMPANY. 
 
 Section i. That there is hereby granted to the Galveston, 
 Houston and Henderson Railroad company of 1882, the right of 
 
 404
 
 Appendix. Chap. XCII. 
 
 way for the railway tracks of said company, and for maintaining 
 and operating" a steam railway thereon, with the necessary side- 
 tracks and switches in the city of Galveston, Texas, as follows : 
 Upon and along Avenue C or ]\Iechanic street from Twenty-fifth 
 street to Thirty-seventh street, and also the right to cross all in- 
 tervening streets and alleys tipon the line and right of way above 
 specified. 
 
 That section i of an ordinance entitled "An ordinance to grant 
 to the Galveston, Hottston and Henderson Railroad company of 
 1882 the right of way along Avenue C or ^Mechanic street from 
 Twenty-fifth to Thirty-seventh streets, in the city of Galveston, 
 Texas, and across intervening streets and alleys along said right 
 of way," introduced at a meeting of the city council of the city 
 of Galveston on the 19th day of July, 1897, and referred to the 
 committee on ordinances of said city, be hereby amended so that 
 said section shall read as follows : 
 
 Section i. That there is hereby granted to the Galveston, 
 Houston and Henderson Railroad company of 1882 the right of 
 way for the railway tracks of said company, and for maintaining 
 and operating a steam railway thereon, with the necessary side- 
 tracks and switches, in the city of Galveston, Texas, as follows : 
 Upon and along Avenue C or Alechanic street from Thirty - 
 seventh street to the east side of Twenty-seventh street ; and also 
 the right to cross all intervening streets and alleys upon the line 
 and right of wa}^ above specified. 
 
 Sec. 2. The grant herein made shall extend only to so much 
 of the streets and alleys as the city of Galveston has the right 
 to grant to railroads under the laws of the State. 
 
 Sec. 3. The rights, duties and obligations of said railroad 
 company, over the right of way herein granted, shall be governerl 
 by the general laws of the State and by the charter provisions 
 of the said railroad company, and as otherwise provided in this 
 ordinance. 
 
 Sec. 4. The right to regulate the grade of said tracks and 
 crossings over the same at streets and alleys — for sanitary, police 
 or other municipal or economic purposes — over the right of way 
 herein granted is specially reserved to the city of Galveston ; and 
 in constructing and maintaining, said company shall restore the 
 
 sn_ 405
 
 Chap. XCIII. Appendix. 
 
 streets to the condition in which they now are, and shall, at all 
 intersections of streets, erect and maintain suitable and sufficient 
 crossings over said tracks. 
 
 Sec. 5. That said railway company undertakes to hold the 
 city of Galveston harmless and indemnify it against all suits, 
 costs, expenses and damages that may arise or grow out of this 
 grant or by reason of its occupation and use of the right of 
 way herein granted. 
 
 Sec. 6. That it shall not be lawful for said Galveston, Hous- 
 ton and Henderson Railroad company, its agents, servants and 
 employes, to stop, or cause to be stopped, upon any track or 
 tracks of said company, constructed and laid down under and by 
 authority of this ordinance, at the intersection of Thirtieth and 
 Mechanic streets, or where such track or tracks intersect the 
 track or tracks of any other railroad company, its locomotives or 
 cars, for a longer period than three minutes at any one time, and 
 upon a violation of this section of this ordinance, and upon com- 
 plaint thereof to the chief of police of the city of Galveston, the 
 said chief of police is hereby empowered and authorized, and it 
 is made his duty, to remove or cause to be removed from such 
 intersections the said locomotives and cars, at the cost and ex- 
 pense of the said Galveston, Houston and Henderson Railroad 
 
 company. [Approved August 19, 1897. 
 
 CHAPTER XCHI. 
 
 GRANT TO THE GALVESTON, HOUSTON AND HENDERSON RAILROAD 
 
 COMPANY. 
 
 Whereas, The Galveston, Houston and Henderson Railroad 
 company of 1882 has purchased from the Gulf, Colorado and 
 Santa Pe Railway company a one-half interest in and to the first 
 sidetrack north of the main line track of said Gulf, Colorado and 
 Santa Fe Railway company, and being the sidetrack beginning 
 at the east side of Forty-first street, at its intersection with Me- 
 chanic street ; thence extending westwardly on said Mechanic 
 street a distance of eleven hundred and eighty-one (1181) feet 
 to the center of Forty-fourth street ; also has purchased from the 
 said Gulf, Colorado and Santa Fe Railway company a right of 
 way fifty (50) feet in width across block five hundred and eighty- 
 
 406
 
 Appendix. Chap. XCIII. 
 
 four (584), in the city of Galveston, said right of way beginning 
 at the northeast corner of said block and extending diagonally 
 across said block to the southwest corner thereof ; and also the 
 right to connect said track, to be laid across said block, with 
 the said sidetrack on said Mechanic street, at a point between 
 Forty-third and Forty-fourth streets, and also the right to cross 
 all intervening tracks of said Gulf, Colorado and Santa Fe Rail- 
 way company to a connection with the tracks of the said Gal- 
 veston, Houston and Henderson Railroad company on Market 
 street, between Forty-fifth and Forty-sixth streets, in the said 
 city of Galveston. Texas : 
 
 Nozv, therefore, be it ordained by the city council of the city of 
 
 Galvestori : 
 
 Suction i. That there is hereby granted to the said Galves- 
 ton, Houston and Henderson Railroad company of 1882 the 
 right of way over and along said Mechanic street and intervening- 
 streets from the east side of said Forty-first street, westwardly, 
 to the middle of said Forty-fourth street, for the use of said side- 
 track jointly with the said Gulf, Colorado and Santa Fe Railway 
 company ; also the right of way on and across said Mechanic 
 street and intervening streets for the purpose of constructing a 
 track connecting said sidetrack at a point between Forty-third 
 and Forty-fourth streets, across Forty-fourth and Forty-fifth 
 streets, to a connection with the tracks of said Galveston, Hous- 
 ton and Henderson Railroad company on Market street or Ave- 
 nue D, between Forty-fifth and Forty-sixth streets, in said city 
 of Galveston. 
 
 Skc 2. The city of Galveston shall not be responsible in any 
 wise for any damages whatsoever growing out of or incident to 
 use of the streets by said Galveston, Houston and Henderson 
 Railroad company, granted by this ordinance. 
 
 Passed under a suspension of the rules at an adjourned reg- 
 ular meeting of the city council, held July 5, 1898. 
 
 [Approved July 5, 1H98. 
 
 40^;
 
 Chap. XCIV. Appendix. 
 
 CHAPTER XCIV. 
 
 GRANT TO THE GALVESTON, HOUSTON AND HENDERSON RAILROAD 
 
 COMPANY. 
 
 Section i. That there is hereby granted to the Galveston, 
 Houston and Henderson Railroad company of 1882 the right of 
 way for its railway tracks for said company and for maintaining 
 and operating a steam railway thereon, with the necessary side- 
 tracks and switches, in the city of Galveston, as follows : Upon 
 and along Avenue A, from, the western limits of the city of Gal- 
 veston to the eastern limits of said city ; also the right to l)uild 
 and extend its railways and tracks on Avenue D to Avenue A 
 at anv point or points between the western limits of the city and 
 Forty-seventh street ; from Avenue C and Forty-first street to 
 Avenue A and Thirty-eighth street ; from Avenue D and Thirty- 
 seventh street to Avenue A and Thirty-third street ; also the 
 right to cross all streets and alleys, and the intersection thereof, 
 upon the lines and ways above specified ; also the right to lay its 
 tracks north of Avenue A to the channel in the harbor, upon and 
 across all streets east of and including Fourth street, and west of 
 and including Thirty-second street. 
 
 Sec. 2. The grant herein made shall extend only to so much 
 of the streets and alleys as the city of Galveston has the right 
 to grant to railroads under the laws of the State. 
 
 Sec. 3. The grant licrein made sliall not inchide any right 
 to enter upon any private ]jroperty without the consent of the 
 owner thereof, or a legal condemnation of the same in accord- 
 ance with the laws of the State. 
 
 Sec 4. The rights, duties and obligations of said railroad 
 company over the right of way herein granted shall be governed 
 l\v the general laws of the State, when not otherwise provided 
 in this ordinance. 
 
 Sec. 5. The right to regulate the grade of said tracks and 
 crossings over the same at streets and alleys, for sanitary, police 
 or other municipal or economic purposes, over the rights of wav 
 herein granted, is specially reserved to the city of Galveston, and 
 in constructing and maintaining said tracks said companv shall, 
 as far as practicable, restore the streets to the condition in which 
 
 408
 
 Appendix. Chap. XCV. 
 
 they now are, and shall at all intersections of streets erect and 
 maintain suitable and sufficient crossings over said tracks. 
 
 Sfx. 6. That said railroad company undertakes to hold the 
 city of Galveston harmless, and indemnify it against all suits, 
 costs, expenses and damages that may arise or grow out of this 
 grant, or by reason of its occupation and use of the right of way 
 herein granted. 
 
 Sec. 7. That in the event said railroad company shall pro- 
 ceed to construct, maintain and operate a railway over the right 
 of way herein granted, then any other railway company desiring 
 to participate in the ownership and operation of the same may do 
 so by paying an equal pro rata of the cost of said railroad over 
 said right of way ; and in case said railway companies cannot 
 agree upon the costs of said railroad, or upon terms satisfactory 
 among themselves, then the same shall be determined by a board 
 of arbitration, consisting of one arbitrator to be appointed by 
 the city council of the city of Galveston, and one arbitrator to 
 be appointed b}' the railway company or companies owning or 
 operating the same, and in case of the disagreement of said arbi- 
 trators, they shall appoint an umpire to decide the matter. And 
 should the said railway company or companies refuse to appoint 
 an arbitrator when applied to, then in that case the city council 
 shall appoint two arbitrators, who shall proceed to determine the 
 matter as hereinbefore provided. It is the object of this section 
 to make a general railroad over the right of way herein granted, 
 to the end that all railway companies that may nor or hereafter 
 terminate in Galveston, so desiring, may acquire equal rights in 
 the owmership and operation of said railroad. 
 
 Passed under a suspension of the rules at a regular meeting 
 of the city council, held October 3, 1898. 
 
 CHAPTER XCV. 
 
 GRANT TO THE nALVESTON, HOUSTON AND HENDERSON RAILROAD 
 
 COMPANY. 
 
 Section i. That there is hereby granted to the Galveston, 
 Houston and Henderson Railroad company of 1882 the right of 
 wav for the railway tracks of said company and for maintaining 
 
 409
 
 Chap. XCYIL Appendix. 
 
 and operating a steam railway thereon, with the necessary side- 
 tracks and switches, in the city of Galveston, Texas, as follows : 
 Over and along Thirty-fifth street from the south side of Avenue 
 C to Avenue B and to a connection over and along said Avenue 
 B with the tracks of the Gulf, Colorado and Santa Fe Railway 
 company on said Avenue B, between Thirty-fourth and Thirty- 
 fifth streets. 
 
 Sec. 2. The grant herein made shall extend only to so much 
 of the said streets as the city of Galveston has a right to grant to 
 railroads under the laws of the State of Texas. 
 
 Sec. 3. The rights, duties and obligations of said railroad 
 company over the right of way herein granted shall l)e governed 
 by the laws of the State of Texas and by the charter provisions 
 of said railroad company, and as otherwise provided in this or- 
 dinance. 
 
 Sec. 4. The right to regulate the grade of said tracks for 
 sanitary, police or other municipal or economic purposes, over 
 the right of way herein granted, is specially reserved to the city 
 of Galveston ; and in constructing and maintaining said tracks, 
 said company shall restore the streets to the condition in which 
 they now are, and shall at all intersections of streets erect and 
 maintain suitable and sufficient crossings over said tracks. 
 
 Sec. 5. That said railway company undertakes to hold the 
 city of Galveston harmless and indemnify it against all suits, 
 costs, expenses and damages that may arise or grow out of this 
 grant, or by reason of its occupation and use of the right of way 
 herein granted. 
 
 lApprovetl May 21, 1901 
 
 CHAPTER XCVir. 
 
 GRANT TO COLIJS P. IIUXTTXGTOX. 
 
 Whereas. Collis P. Huntington has contracted for the pur- 
 chase of the property hereinafter more particularly referred to, 
 subject to the approval of the title by counsel ; and 
 
 Whereas, One of the conditions of such purchase is that 
 when the city of Galveston shall have closed the streets, avenues 
 and alleys, if any, northerly from Avenue B. in the city of Gal- 
 veston, and lying between the westerly line of block 700 and its 
 
 410
 
 Appendix. Chap. XCVIl. 
 
 prolongation in a northerly direction, and the westerly line of 
 block 710 and its prolongation in a northerly direction, and when 
 through and by means of such acts of congress, acts of the leg- 
 islature of the State of Texas and ordinances and conveyances 
 from the city of Galveston, if any, as may be requisite for the 
 purpose, the right has been secured to the said C. P. Huntington, 
 or his heirs or assigns, to construct piers as he or they may from 
 time to time determine, northerly from said Avenue B, and from 
 points between said westerly line of block 700 and said westerly 
 line of block 710 to the harbor line of 1897, and to dredge be- 
 tween and on the sides of such piers and northerly and north- 
 easterly therefrom and from said harbor Hne of 1897, so as to 
 permit the securing of at least twenty-five feet of water at mean 
 low water between and beside such piers, and northerly and 
 northeasterly therefrom, and so as to secure a connection by a 
 continuous channel twenty-five feet in depth at mean low water 
 from said piers to the Gulf of Mexico, and to permit steamers 
 of at least five hundred feet in length and fifty feet beam, and 
 drawing at least twenty-five feet of water, to conveniently go at 
 mean low water from the waters of the Gulf of Mexico to and lie 
 alongside said piers, then and in that event, the said C. P. Hunt- 
 ington, his heirs or assigns, will, within six months thereafter, 
 commence the construction of terminal facilities upon said prop- 
 erty for the use of what are commonly called the Southern Pacific 
 Railroad and Steamship Systems, and will, within two years 
 thereafter, expend at least the sum of one hundred and fifty 
 thousand dollars ($150,000) in the construction of such piers 
 and such dredging, and in the construction of depots and other 
 terminal facilities for what are commonly called the Southern 
 Pacific Railroad and vSteamship Systems, their successors or as- 
 signs ; and 
 
 'Whe^rEas, No streets, avenues or alleys have ever been here- 
 tofore opened, constructed or utilized on or through the said 
 property above referred to, and hereinafter more particularly de- 
 scribed, and no streets, avenues or alleys have ever been hereto- 
 fore laid out or designated or recognized by the city of Galves- 
 ton or the owners of property northerly of the north line of said 
 blocks from 700 to 710, inclusive, but the said property, or the 
 
 411
 
 Chap. XCVII. Appendix. 
 
 oreater part thereof, is and has ever been under the waters of 
 Galveston bay ; and 
 
 Whereas, It is greatly to the interest of the city of Galves- 
 ton and its inhabitants that the work and improvements con- 
 templated by said C. P. Huntington and his assigns should be 
 performed, and it is necessary to said work and improvements 
 and to the proper utility of the said property for such purposes 
 that there should be no streets, avenues or alleys opened through 
 and across said property ; now. therefore. 
 
 Be if ordained by the city council of the city of Galz'cston, as 
 
 follows : 
 
 Section i. That any or all streets, avenues or alleys, if any, 
 heretofore opened, laid out or in any manner designated upon, 
 through or across the following described property in the city 
 of Galveston, to-wit : Beginning at the southwesterly corner 
 of block 710; thence along^ the westerly line of block 710 and 
 the prolongation thereof in a straight line in a northerly direction 
 2860 feet, more or less, to the six-feet contour in Galveston bay ; 
 thence in an easterlv direction along said contour to a point 
 thereon where it would be intersected bv tlie prolongation of the 
 westerly line of block 700, if continued in a straight line ; thence 
 in a southerly direction along said prolongation thereof and the 
 westerly line of block 700 to the southwesterly corner of said 
 block 700; thence in a westerly direction along Avenue B 3800 
 feet, more or less, to the place of beginning, the same including 
 all of blocks 701 to 710. both inclusive, together with the lands 
 and lands under water lying northerly of said Avenue B between 
 the westerly line of said block 7(X) and the prolongation thereof 
 above mentioned and the westerly line of said l)lock 710 and the 
 l)rolongation thereof above mentioned to the southerly boundary 
 line of the six feet contour above referred to ; and also upon, 
 through or across the lands under water and property lying be- 
 tween the property above descrilx'd and the harbor line of 1897, 
 or the harbor line as it may be changed from time to time, be 
 and the same are each and all hereby perpetually abandoned, dis- 
 continued and closed. 
 
 Sec. 2. That said Collis P. Huntington, his heirs or assigns, 
 be and they are hereby authorized and empowered and granted 
 
 412 
 
 I
 
 Appendix. Chap. XCVII. 
 
 the right perpetually to construct and maintain piers as he or 
 they may from time to time determine upon the property dc- 
 scrihed by metes and bounds in the preceding section hereof, 
 and upon the property lying and situated between the same and 
 the harbor line of 1897, and to dredge between and on the sides 
 of such piers and northerly and northeasterly therefrom and 
 from said harbor line of 1897, so as to permit the securing of at 
 least twenty-five feet of water at mean low water between and 
 beside such piers and northerly and northeasterly therefrom, and 
 so as to secure a connection l)y a continuous channel twenty-five 
 feet in depth at mean low water from said piers to the Gulf of 
 Mexico and to permit steamers of at least five hundred feet in 
 length and fifty feet beam, and drawing at least twenty-five feet 
 of water, to conveniently go at mean low water from the waters 
 of the Gulf of Mexico to and lie alongside of said piers, and to 
 maintain the same ; and to construct and maintain upon said prop- 
 erty terminal facilities for the use of what are commonly called 
 the Southern Pacific Railroad and Steamship Systems, their suc- 
 cessors or assigns. 
 
 Sec. 3. The grant hereby made and all of the rights and priv- 
 ileges hereby conferred are subject to and upon the following 
 conditions, viz. : 
 
 First — That the said C. P. Huntington, his heirs or assigns, 
 shall, within six months from the ratification and approval of this 
 ordinance and the confirmation of the grant made and the rights 
 conferred by it by the legislature of the State of Texas, and 
 the passage of such acts of congress, if any, as may be requisite 
 for the purpose, commence the construction of terminal facilities 
 upon the property hereinbefore referred to for the use of what 
 are commonly called the Southern Pacific Railroad and Steamship 
 Systems, and shall, within two years thereafter, expend at least 
 the sum of one hundred and fifty thousand dollars ($150,000) 
 in the construction of such piers and such dredging, and in the 
 construction of depots and other terminal facilities for what are 
 commonly called the Southern Pacific Railroad and Steamship 
 Systems, their successors or assigns. 
 
 Second- — That if the said C. P. Huntington, his heirs or as- 
 signs, shall charge wharfage for the use of such piers or other 
 
 413
 
 Chap. XCVIIL Appendix. 
 
 facilities upon said property, except in so far as wharf service 
 may be covered by the freight rate, all such wharfage shall be 
 subject to the regulation of the Railroad Commission of Texas, 
 but this shall not be so construed as to permit or allow any other 
 person or corporation to use said property or any portion thereof 
 without the consent of said C. P. Huntington, his heirs or assigns, 
 owning the same at the time. 
 
 Passed under a suspension of the rules at an adjourned called 
 meeting, held February 4, 1899. 
 
 CHAPTER XCVni. 
 
 GRANT TO COLLIS P. HCNTINGTOX. 
 
 Suction i. That there be and is hereby granted to Collis P. 
 Huntington, his heirs or assigns, the right to locate, construct, 
 own and operate railway tracks on and along Avenue B and 
 across streets and alleys intersecting Avenue B from the westerly 
 limits of the City of Galveston to the easterly line of Forty-first 
 street, with necessary sidetracks and switches. 
 
 Skc. 2. The grant herein made shall embrace only so much 
 of the streets and alleys as the city of Galveston has the right, 
 under the laws of Texas, to grant for such purposes, and shall 
 not include any right to enter upon private property without 
 the consent of the owner thereof, or without condemnation of the 
 same in accordance with the laws of the State of Texas. 
 
 Sec. 3. The rights, duties and obligations of the grantee 
 herein, his heirs and assigns, over the right of way herein granted 
 shall be governed by the general laws of the State when not 
 otherwise provided in this ordinance. 
 
 Sec. 4. That the right to regulate the grade of said tracks 
 and crossings over the same at streets and alleys and for sanitary, 
 police or other municipal purposes, over the right of way herein 
 granted is specially reserved to the city of Galveston; and in 
 co;istructing and maintaining said tracks the grantee herein, his 
 heirs and assigns, shall, as far as practicable, restore the streets 
 to the condition in wdiich they now are and shall at all intersec- 
 tions of streets erect and maintain suitable and sufficient cross- 
 ings over said tracks ; that the grantee herein, his heirs and as- 
 
 414
 
 Appfjndix. Chap. XCTX. 
 
 signs, constructing- or owning said tracks at the time, shall hold 
 the city of Galveston harmless and indemnify it against all suits, 
 damages, expenses and costs that may arise or grow out of this 
 grant, or by reason of the occupation and use of the right of way 
 herein granted. 
 
 Sec. 5. That the grantee herein, his heirs or assigns, con- 
 structing or owning saicl tracks at the time, shall be required to 
 construct and maintain all necessary culverts and drains under 
 said tracks at such places as may be designated by written order 
 of the city engineer, or by resolution of the city council ; and 
 upon neglect or failure of said grantee, his heirs or assigns, to 
 construct and maintain such culverts and drains after reasonable 
 notice, the city of Galveston shall have the right to cause them 
 to be constructed or put in proper condition and repair at the 
 cost and expense of the said grantee, his heirs or assigns, own- 
 ing the said tracks at the time, and recover such costs and ex- 
 penses from them. 
 
 Sec. 6. That the rights herein and hereby granted are ex- 
 pressly subject to each and all the conditions set forth in section 
 3 of ordinance entitled "An ordinance abandoning, discontinuing 
 and closing certain streets, avenues and alleys of the city of 
 Galveston, and authorizing and empowering Collis P. Hunting- 
 ton, his heirs or assigns, perpetually to construct and maintain 
 piers on the shores of Galveston bay within the corporate lim- 
 its of the city of Galveston upon certain specified conditions." 
 passed February 4th, 1899. 
 
 Sec. 7. That this ordinance shall take effect and be in force 
 from and after its passage. 
 
 Read first time April 3d, 1899. Read second time and passed 
 May 1st, 1899. 
 
 [Approved May 2, 1899. 
 
 CHAPTER XCIX. 
 
 GRANT TO THE UNITED .STATES. 
 
 Section i. That the right of way, together with the right, 
 l)rivilege and license of constructing, maintaining and operating 
 a railway track, with all necessary and convenient switches, side- 
 tracks and connections, is hereby granted to the United States 
 
 415
 
 Chap. XCIX. Appendix. 
 
 of America upon, over and along the following named avenues 
 and streets, to-wit : Beginning at a point on Avenue Q, at or 
 near the track of the Galveston and Western Railway company, 
 to run thence upon, over and along said Avenue Q and Forty- 
 fifth street, to the United States government reservation, together 
 with the right to construct, extend, maintain and operate a railway 
 thereon, for the purpose of making connection with existing rail- 
 ways, so as to give access to the said United States government 
 reservation. 
 
 Sue. 2. The grant hereby made shall extend only to such 
 portions of said avenues and streets as the said city of Galveston 
 has the right to grant under the laws of the State and under the 
 charter and ordinances of the city of Galveston. 
 
 Sec. 3. The grant hereby made is done with the express 
 stipulation and agreement that said United States of America will 
 hold the city of Galveston harmless and indemnify it against all 
 suits of whatsoever nature, costs, damages, claims and expenses 
 that may arise or grow out of the execution aiul use by said 
 United States of America of the right of way and franchise here- 
 by granted. 
 
 Sfic. 4. The rights, duties and obligations over the right of 
 way hereby granted shall be governed and controlled by the 
 general laws of the State of Texas and the charter and ordinances 
 of the city of Galveston, as they now are or may hereafter be. 
 and the right to establish and regulate the grade and location of 
 said track, and the character and dimensions of all crossings, pro- 
 tection and drainage of the same for sanitary, police or economic 
 purposes, is hereby reserved to the city of Galveston, and all 
 crossings to be constructed and be mad<' and built from curb line 
 to curb line. 
 
 Sec. 5. That this ordinance shall take effect and l)e in force 
 from and after the date of its passage. 
 
 Passed under a suspension of the rules at regular meeting of 
 city council, held March 21, 1898. 
 
 416
 
 Appendix. Chap. C. 
 
 CHAPTER C. 
 
 GRANT TO THE UNITED STATES. 
 
 Granting- Rights to Certain Streets in Denver Re-survey for 
 United States Government Forts. 
 
 Whereas, The United States government is desirous of ac- 
 quiring title to certain lands in the city of Galveston, county 
 of Galveston, for the purpose of erecting forts, fortifications 
 and other improvements for the national defense, which said 
 properties are intersected by streets of the city of Galveston ; and 
 
 Whereas, Said property cannot be used for the purposes in- 
 tended by the United States of America until the title and use 
 of the lands embraced in said streets intersecting and bounding 
 said property can be obtained ; and 
 
 Whereas, By virtue of the platting of said land into city lots, 
 blocks and outlots, and the laying ofif of streets through said 
 property has effected a dedication and donation of said lands 
 embraced in said streets to a public use; and 
 
 Whereas, The city council of the city of Galveston recog- 
 nizes the necessity of fortifying of said city by the United States 
 government ; now, therefore. 
 Be it ordained by the city eouncil of the city of Galveston as 
 
 folloivs : 
 
 Section i. That the United States of America is hereby 
 authorized and empowered to acquire title to any lots or parcels 
 of lands situate within the corporate limits of the city of Gal- 
 veston, which may or shall become necessary for the fortifying 
 of the port of Galveston, and the protection thereof against its 
 enemies, and to this end it is specially ordained that any and all 
 streets, alleys or other public highways which may intersect 
 or separate any lots or parcels of land which the United States 
 of America may desire to purchase, are, together with the use 
 of the same, hereby ceded to the United States of America for 
 its permanent use. and the said United States of America is 
 hereby fully authorized to close any and all of said streets by 
 vvralls, fences, fortifications or other impediments to the public 
 use which the said United States of America may deem neces- 
 sary in order to assure the full use, enjoyment and control of said 
 property purchased by the United States of America, including 
 
 417
 
 Chap. CI. Appendix. 
 
 said streets, and to exclude the public from entry thereon, and 
 the full use, control and management, including the right to 
 build and construct any and all such buildings and improvements, 
 earthworks, fortifications or any other class of improvements 
 without further permission from the city of Galveston, is hereby 
 expressly conceded to the said I^iited States of America. 
 Passed February lo, 1897. 
 
 CHAPTER CI. 
 
 LOCATING SITE FOR AN ARMY POST IN THE CITY OF GALVESTON, 
 AND TO CONSTRUCT ROADS THERETO. 
 
 Whereas, It is contemplated that the United States govern- 
 ment will select and locate one or more sites for post at or near 
 Fort Point, whereon to establish the necessary buildings for the 
 accommodation of one or more batteries for the protection of the 
 harbor and port of the city of Galveston ; and 
 
 Whereas, It is the intention of the city council of the city of 
 Galveston, as far as possible, to facilitate the establishment of 
 such posts by removing any and all objectionable features which 
 may now exist on the grounds proposed to be occupied by such 
 post, and to prevent, as far as possible, hereafter the erection of 
 any objectionable buildings at or near said site, which may inter- 
 fere with the plans of the United States government ; therefore, 
 
 Be if ordained by the city council of the city of Galveston as 
 
 follozvs : 
 
 Section i . That the consent of the city of Galveston, in so far 
 as the same may be required or may be appropriate, is hereby 
 given to the construction of such road or roads as may be neces- 
 sary and convenient for the use of such post, over and along any 
 of the streets, public grounds, over which the city of Galveston 
 has control, so as to provide for convenient and easy access from 
 said post into the city of Galveston; such road or roads to be 
 constructed in accordance with the rules and regulations of the 
 city of Galveston governing such matter, and with the co-opera- 
 tion of the city engineer of said city. 
 
 Sec. 2. That the pest house under the control of the city of 
 Galveston, now located southeast of the Quarantine station, on 
 
 418
 
 Appendix. Chap. CII. 
 
 the east end of Galveston island, and just south of the proposed 
 location of such post, shall be removed and abolished, and here- 
 after no pest house or other buildings devoted to similar purposes 
 shall be located or placed near such government post ; but the 
 same shall be located at some other point in Galveston county 
 which will in no way endanger the health of the occupants of 
 such post, after the same is established. 
 
 Sec. 3. That hereafter no building or buildings will be al- 
 lowed to be erected at or near the said government reservation, 
 where said post is proposed to be established, and the said city of 
 Galveston will, as far as possible, prevent the erection of any such 
 building or the establishment or maintenance of any business or 
 occupation w^iich may be objectionable to the officer commanding 
 said post, and the said city of Galveston will, as and when re- 
 quired by such commanding officer, endeavor, as far as may be, to 
 abate, prevent and prohibit all such objectionable occupations, 
 business or dwellings at or near the proposed location of said fort. 
 
 Sec. 4. That this ordinance shall take efifect and be in force 
 from and after the date of its passage. 
 
 Passed under a suspension of the rules at meeting of the 
 city council held March 7, 1898. 
 
 CHAPTER CIL 
 
 AUTHORIZING AND EMPO\VERING THE UNITED STATES OF AMERICA 
 TO ACQUIRE TITEE TO ANY LOTS OR PARCELS OE LAND SITUATED 
 WITHIN THE CORPORATE LIMITS OF THE CITY OE 
 GALVESTON, WHICH IT MAY DEEM NECES- 
 SARY FOR THE PURPOSE OF PROVIDING 
 BARRACKS AND OTHER NEEDFUL 
 BUILDINGS FOR MILITARY 
 PURPOSES, ETC. 
 
 Whereas, The United States Government is desirous of ac- 
 quiring title to certain lands in the city of Galveston, county of 
 Galveston, State of Texas, for the purpose of erecting barracks, 
 forts, fortifications and other needful buildings for military pur- 
 poses, fortifications and improvements for national defense, which 
 said properties are intersected by streets, avenues and alleys of 
 the city of Galveston, which said properties are located in that 
 
 419
 
 Chap. CII. Appendix. 
 
 portion of the city of Galveston known as the Denver Resurvey, 
 and consist of outlets numbered 203, 204:, 228, 229, 253, 25-i, to- 
 gether with the strip of beach and streets intervening, lying di- 
 rectly south of said outlots, including Forty-ninth street ; and, 
 
 WhkrEas, The said property cannot be used for the purposes 
 intended by the United States Government until the title and use 
 of the land embraced in said streets, avenues and alleys intersect- 
 ing said outlots hereinbefore set forth can be obtained ; and, 
 
 Whereas, Bv virtue of the plotting of said lands into city lots, 
 blocks and outlots and the laying off of the streets, avenues and 
 alleys through said property has effected a dedication and dona- 
 tion of said land embraced in said sireets, avenues and alleys to a 
 public use ; and. 
 
 Whereas, The City Council of the city of Galveston recognizes 
 the necessity of providing barracks and other needful buildings 
 for military purposes, and also for the purpose of fortifying said 
 city by the United States Government ; now, therefore. 
 
 Be it ordai)icd by the eity eomicil of tJie city of Galz'estoii as 
 follozvs : 
 
 That the United States of America is hereby authorized and 
 empowered to acquire title to any lots or parcels of land situated 
 v/ithin the corporate limits of the city of Galveston which it may 
 deem necessary for the purpose of providing barracks and other 
 needful buildings for military purposes, also for the purpose of 
 fortifying the port of Galveston and the protection thereof against 
 its enemies, and to this end it is here now especially ordained that 
 any and all streets, avenues and alleys or other public highways 
 which may intersect or separate any or all of the lots or parcels 
 of land which the United States of America may desire to pur- 
 chase as hereinbefore set forth are, together with the use of the 
 same, hereby ceded to the United States of America for its said 
 permanent use and control. 
 
 And the United States of America is hereby fully authorized to 
 close any and all of said streets, avenues and alleys by wall, fence, 
 fortifications or other impediment to public use, which it may 
 deem necessary in order to assure the full enjoyment and control 
 of said property to it, the said United States of America, includ- 
 nig said street, and to exclude the public from entry thereon and 
 
 420
 
 Api'Exdix. Chap. CIII. 
 
 tlie full use. control aiul management, including the right to build 
 and construct any and all such building and improvements, earth 
 works, fortifications or any other class of improvements upon said 
 streets, avenues and alleys without further permission from the 
 city of Galveston ; and the same are hereby expressly ceded to 
 the said United States of America ; the said streets, avenues and 
 alleys herein referred to are Fifty-second street, south of the 
 south side of Avenue U to the Gulf of Mexico; Fifty-first 
 street, south of the south side of Avenue U to the Gulf of 
 ^Mexico; Fiftieth street, from the south side of Avenue U south 
 to the Gulf of jMexico, and Forty-ninth street, south of the south 
 side of Avenue U to the Gulf of Mexico, together with Ave- 
 nues U^., y, V5<, W, W^ and X, respectively, from the east 
 side of Fifty-third street to the east side of Forty-ninth street, 
 together with all the alleys situated in said outlots hereinbefore 
 numbered. 
 
 [Approved April 14, 1900. 
 
 CHAPTER CIII. 
 
 AiMEiXDING THE GRANT TO THE UNITED STATES OE AMERICA OF PART 
 OF PEIJCAN FEATS. 
 
 Whereas, The Government of the United States is desirous 
 of e.sjtablishing a coal depot and supply station for naval purposes 
 in Galveston Harbor, and recognizing the importance of such an 
 undertaking, both as to accessibility of Galveston for naval pur- 
 poses, and the prominence the sanie would give to this port, and 
 in recognition of the many favors extended Galveston by the fed- 
 eral government, the city of Galveston, in response to a letter of 
 Hon. J. D. Long, Secretary of the Navy, dated June 13, 1900, 
 does hereby tender to the Government of the United States that 
 certain parcel or tract of land at the northeast corner of Pelican 
 Flats for a naval supply depot and coaling station, commencing 
 as follows: Commencing at the northeast corner (see Exhibit 
 "D," Civil Engineer Cunningham's report, dated May 28, 1900) 
 of Pelican Flats, at point A, and extending south 15 degrees 33 
 minutes and 31 seconds west 2000 feet; thence north 61 degrees 
 west 1500 feet; thence north 15 degrees 33 minutes and 31 sec- 
 onds east 2000 feet; thence south 61 degrees east 1500 feet to 
 the initial point A. 
 
 31- 421
 
 Chap. CIIIa. Appendix. 
 
 This cession is made upon the understanding that the Navy 
 Department will recommend to Congress at its next session the 
 appropriation of a sufficient sum of money to bulkhead the 
 corner A to the extent of 2500 feet, and fill in in the rear of 
 same to a level of at least 750,000 square feet or more. Should 
 the bulkheading and filling not be provided for or be in 
 progress within three years from the date of granting the 
 cession, the property to revert to the city. 
 
 [Aijproved August 21, 1900 
 
 CHAPTER CIIIa. 
 
 MAKING GRANT TO THIJ UNITED .STATES OF AMERICA OF PART OF 
 
 PELICAN FLATS. 
 
 Whereas, The Government of the United States is desirous of 
 establishing a coal depot and supply station for naval purposes in 
 Galveston Harbor, and recognizing the importance of such an 
 undertaking, both as lo the accessibility of Galveston for naval 
 purposes and the prominence the same would give to this port, 
 and in recognition of the many favors extended Galveston by the 
 federal government ; the city of Galveston, in response to a letter 
 of Hon. J. D. Long, Secretary of the Xavy, dated June 13, 1900, 
 does hereby tender to the Government of the United States that 
 certain parcel or tract of land at the northeast corner of Pelican 
 Flats for a naval supply depot and coaling station, commencing 
 as follows: Commencing at the northeast corner (see Exhibit 
 "D," Civil Engineer Cunningham's report, dated May 28, 1900) 
 of Pelican Flats, at point A, and extending south 15 degrees 33 
 minutes and 31 seconds west 2000 feet; thence north 69 degrees 
 west 1500 feet; thence north 15 degrees 33 minutes and 31 sec- 
 onds east 2000 feet; thence south 61 degrees east 1500 feet to 
 the initial point A. This cession is made upon the understanding 
 that the Navy Department will recommend to Congress at its 
 next session the appropriation of a sufficient sum of money to 
 bulkhead the corner A to the extent of 2500 feet, and fill in in the 
 rear of same to a level of at least 750,000 square feet or more. 
 Should the bulkheading and filling not be provided for or be in 
 progress within three years from the date of granting the cession, 
 the property to revert to the city. 
 
 [Approved June 1!>, 1900. 
 422
 
 Appendix. Chap. CIV. 
 
 CHAPTER CIV. 
 
 GRANT TO CHAS. CLARKE AND HIS ASSOCIATES. 
 
 Section 1. That Charles Clarke. W. A. Hudson, Charles T. 
 Suderman, John Young' and A. S. Ntewson, and their associates, 
 successors and assigns, be and are hereby authorized to use the 
 streets, alleys and public grounds of the city of Galveston for the 
 term of twenty-five years from the passage hereof for the pur- 
 pose of placing and laying therein pipes, main and other conduits 
 for the conveyance of oil and gas, for fuel and other purposes, 
 into and through said city for the use of the city of Galveston and 
 its inhabitants, provided that the same shall in no manner inter- 
 fere with the drainage of the city, or the sewers or water pipes or 
 mains, or other underground fixtures used for such purposes. 
 
 Sec. 2. Said Clarke, his associates, successors and assigns, 
 are also authorized to construct all necessary buildings, tanks, res- 
 ervoirs, machinery and equipments within said citv for the proper 
 and safe use and distribution of oil and gas for heating and other 
 purposes, to be located at such places and to be of such character 
 as the city engineer shall approve; and all work shall be done in 
 such a manner and within such time that the use of the streets 
 shall not be interfered with, and any pavement or other part of 
 any street, alley or public ground shall be restored in such man- 
 ner as shall be acceptable to the city engineer, and said grantees 
 and their works shall be subject to all reasonable police 
 regulations. 
 
 Sec. 3. In consideration of the privileges granted to said 
 Clarke and others, hereinbefore expressed, they hereby agree to 
 transfer to the city of Galveston, in lieu of a bonus, 5 per cent, 
 of the capital stock of any corporation hereafter to l)e formed by 
 said grantees, and also agree to pay all taxes upon their property, 
 whether the same be personal or real. 
 
 Sec. 4. The grantees hereinbefore named shall in good faitli 
 commence the laying of pipes and the work contemplated by this 
 ordinance, within twelve months from the date hereof, failing in 
 which, all rights and privileges hereby granted are forfeited with- 
 out further action. 
 
 [Approved May 1-1, 1901. 
 
 423
 
 Chap. CV. Appendix. 
 
 CHAPTER CV. 
 
 TO PROVIDE FOR PLACING THE WIRES OE THE SOUTtlWESTERN TELE" 
 GRAPEI COMPANY AND TELEPHONE COMPANY IN UNDER- 
 GROUND CONDUITS WITHIN CERTAIN LIMITS IN 
 THE CITY OF GALVESTON, TEXAS. 
 
 Whereas, It appears to the City Council of the city of Gal- 
 veston, that it would conduce to the puhlic safety, and be to the 
 public advantage that all electric wires should be placed, as far as 
 practicable, underground; therefore, be it ordained by the City 
 Council of the City of Galveston : 
 
 Section i. That the right and privilege be and the same is 
 hereby granted to the Southwestern Telegraph and Telephone 
 Company, its successors and assigns, to lay, construct, and main- 
 tain underground wires enclosed in conduits, to construct the nec- 
 essary manholes, and make house connections, and through the 
 public streets and alleys of the city of Galveston. 
 
 And as rapidly as said conduits are completed and ready for 
 use, said company shall proceed to remove its wires from its poles 
 and place them in said conduits. And wherever and as fast as 
 the conduits are completed and the cables and wires laid therein, 
 it shall be unlawful for any person, firm or corporation to main- 
 tain poles for telephone wires within the territory supplied by 
 said underground cables, except such poles as may be necessary 
 for the distribution of said underground cables and wires ; and 
 said distributing poles shall be placed so far as may be practicable 
 in the alleys of said city. 
 
 Sec. 2. That the district within which said underground con- 
 duits shall be constructed shall be bounded as follows : On the 
 north by the Bay Front ; on the east by Fifteenth street ; on the 
 south by Avenue M, and on the west by Thirty-fifth street. 
 
 Sec. 3. That this grant is made for the term of fifty (50) 
 years, and upon the express consideration that the said South- 
 western Telegraph and Telephone Company, its successors and 
 assigns, shall permit said city of Galveston to place the wires of 
 said city fire alarm telegraph and police telegraph in said con- 
 duits, free of charge to said city ; and the necessary space for said 
 city telegraph wires shall be reserved in said conduits ; and said 
 city shall be permitted to distribute its said fire and police telegraph 
 
 424
 
 Appendix. Chap. CVI. 
 
 wires upon the distributing poles of said The Southwestern Tele- 
 graph and Telephone Company without any charge 'to said city ; 
 provided, however, that no electric light or power wires shall ever 
 be placed in said conduits. 
 
 Sec. 4. That the said The Southwestern Telegraph and Tele- 
 phone Company shall file with the mayor of said city its written 
 acceptance of the provisions of this ordinance and shall agree to 
 save the city of Galveston harmless from any claims for daniiages 
 arising from the work of construction or maintaining said con- 
 duits ; and any and all pavements, curbings, sidewalks and street 
 intersections at any time or for any purpose whatever torn or 
 displaced by said The Southwestern Telegraph and Telephone 
 Company shall be properly and safely replaced at the expense 
 of said company. 
 
 Sec. 5. That the said The Southwestern Telegraph and Tele- 
 phone Company shall construct within one year from its written 
 acceptance of this ordinance not less than eight thousand (8000) 
 feet of conduit within the district named and shall thereafter con- 
 struct upon the order of the council further conduits, not exceed- 
 ing three thousand (3000) feet in any one year, and when such 
 conduits are constructed shall proceed to remove its wires from 
 the poles and place them therein ; but said telephone company riLay 
 lay more than said number of feet of conduits in said streets, al- 
 leys and public grounds of the city, or such portions thereof, with 
 the permit of the council, if it is desirable or necessary to do so. 
 
 Sec. 6. This ordinance shall take efifect and be in force from 
 and after its passage and upon its acceptance by the said The 
 Southwestern Telegraph and Telephone Company. 
 
 [Approved Gotoher 5, I'.IOO. 
 
 CHAPTER CVI. 
 
 GRANT TO A. S. NEWSON AND ASSOCIATES OE TEEEPHQNE 
 FRANCHISE. 
 
 Section i. Permission is hereby granted to A. S. Newson, 
 Moritz Brock and Gus Lewy, their associates, successors or as- 
 signs, to establish a system of telephones in the city of Galveston. 
 
 Sec. 2. The electric wires or cables used for said telephone 
 system shall he underground, as far as practicable, and must be 
 
 425
 
 Chap. CVII. Appendix. 
 
 placed anderground in the territory bounded as follows : On the 
 north side by the Bay Front ; on the east side by Fifteenth street ; 
 on the south side by Avenue M, and on the west side by Thirty- 
 fifth street; but the said A. S. Newson, Moritz Brock and Gus 
 Lewy shall have the right to erect the necessary distributing poles 
 in this territory. 
 
 Skc. 3. That the jDcrsons to whom this franchise is granted, 
 their successors or assigns, shall have the right to lay. construct 
 and maintain underground wires and cables in closed conduits, 
 to construct the necessary manholes, and make house connections 
 in and through the public streets and alleys of the city of Gal- 
 veston, to erect such poles as may be necessary for the tlistribut- 
 ing of said underground cables and wires, and these poles to be 
 placed, as far as practicable, in the alleys of said city. 
 Sec. 4. This grant is made for a term of fifty years. 
 Sec. 5. That said A. S. Newson. Moritz Brock and Gus Lewy, 
 or their associates, successors or assigns, shall permit the said city 
 of Galveston to place the wires of its fire alarm and police tele- 
 graph in said conduits, and the said city shall also be permitteil 
 to distribute the wires necessary for said fire alarm and police 
 telegraph from the distributing poles to be erected under this 
 ordinance, and the telephone lines erected under this franchise 
 shall, by the owners thereof, be connected with the various depart- 
 ments and oflices of the city of Galveston, and the officers of said 
 city in charge of said departments shall, while this ordinance is in 
 force, have the free use of such lines, wires and telephones in said 
 offices. 
 
 Sec. 6. The said A. S. Xewson, Moritz r>rock and Gus Lewy. 
 or their successors and assigns, shall save the city of Galveston 
 harmless from any claims or damages arising from the work of 
 construction or maintenance of said conduits or distributing poles. 
 Sec. 7. They shall file with the mayor of the cit\- of Galveston. 
 within five days after the passage hereof, their written accept- 
 ance of the provisions of this ordinance. 
 
 [Approved May H, I'.tOl. 
 
 CHAPTER CVIL 
 
 GRANT TO THE GAIA'ESTOX BREWING COMI'.\XV. 
 
 Section i. That the Galveston Brewing Company, a corpora- 
 tion organized and duly chartered under the laws of the State of 
 
 426
 
 Appendix. Chaps. CVIII-CIX. 
 
 Texas, be and is hereby authorized to lay down railway switches 
 for the purpose of its business on the following streets of the city 
 of Galveston, to-wit : On Avenue E, between Thirty-third and 
 Thirty-fourth streets, and on Thirty-fourth street, between 
 Avenues E and F. Both of these railroad switches to be adjacent 
 to the property of the Galveston Brewing Company, and to be 
 of sufficient length to conveniently connect either direct or by 
 curve with any system of railroads on Avenue E and Thirty- 
 fourth street, or crossing or intersecting Thirty-fourth street. 
 
 [Approved August 8, 1895. 
 
 CHAPTER CVIII. 
 
 GRANT TO T?IE TEx.VS STAR FLOUR MILLS. 
 
 That the ordinance heretofore passed by the Citv Council of 
 Galveston, on the 5th day of June, 1882, granting to the Texas 
 Star Flour Mills the right to erect and construct iron-clad build- 
 ings on certain lots in block 680 of the city of Galveston, be and 
 the same is hen-by amended to read as follows : 
 
 That the Texas Star Flour Mills be, and it is hereby, in addi- 
 tion to the buildings heretofore constructed l)y it under the pro- 
 visions of said ordinances, on lots numbers one and two (i and 
 2), in block 680 of the city of Galveston, authorized to erect and 
 construct on the above mentioned ground including lots numbers 
 three and four { 3 and 4 ) of the same block, such other and ad- 
 ditional iron-clad building or buildings of light material, to be 
 used for warehouse, coopershop, storage, and such other general, 
 purposes as mav be required by its business. 
 
 Passed under suspension of the rules at regular meeting, De- 
 ceml^er 4, 1893. 
 
 CHAPTER CIX. 
 
 ENTITLED AN ORDINANCE GRANTING TO THE ExECUTORS OF HENRY 
 ROSENBERG, DECEASED, THE RIGHT TO ERECT THE MONUMENT, 
 COMMEMORATING THE HEROES OF THE TEXAS REVOLU- 
 TION, AT THE INTERSECTION OF BROADWAY AND 
 BATII A\"ENUE IN THE CITY OF GALVESTON. 
 
 Be it ordained by the City Council of the Ciiy-of Galveston : 
 
 Section i. That the intersection of Broadway and PJath 
 Avenue, in the city of Galveston, is hereby dedicated as the site 
 
 427
 
 Chap. CX. Appendix. 
 
 for the monument to the memor}- of the heroes of the Texas 
 Revolution of 1836, provided for in the will of Henry Rosenberg, 
 deceased ; and the executors of the said Rosenberg are hereby 
 granted the use of thirty-six feet by thirty-six feet in the center 
 of said intersection for the purpose of erecting said monument 
 thereon. 
 
 Sec. 2. That the right to temporarily use the esplanade in 
 the center of Broadway and each side of Bath avenue, for material 
 during the progress of the work is hereby granted to said execu- 
 tors ; provided, that when the monument is completed they shall 
 clear the esplanade and streets of all debris and rubbish and re- 
 store same to their original condition. 
 
 Passed under suspension of the rules June 20. 1897. 
 
 CHAPTER CX. 
 
 GRANT TO BRUSH ETvECTRIC LIGHT AND POWER COMPANY. 
 
 Section i. That there is hereby granted to the Brush Elec- 
 tric Light and Power Company of Galveston the right to ser 
 poles, pin-abutments, wires and other necessary fixtures along 
 the streets and alleys of the city of Galveston for the purpose of 
 furnishing electric light and power, subject to the regulations 
 hereinafter provided. 
 
 Sec. 2. That the poles, pin-abutments, wires and other neces- 
 sary fixtures shall be so set, constructed and operated as not to 
 obstruct or interfere with the convenient use of the streets by 
 vehicles or persons on foot. 
 
 Sec. 3. That the wires shall be so strung as not to interfere 
 with any of the city fire alarm or city electric light wires. 
 
 Sec. 4. That the right is hereby reserved to the city at any 
 time to direct any alteration in the location of the poles or in the 
 height at which the wires shall be run. 
 
 Sec. 5. That the said company shall at all times have on de- 
 posit with the city treasurer a sum not less than fifty dollars, sub- 
 ject to the order of the city engineer, to be used by him in re- 
 storing any sidewalk, gutter, street or alley, pavement displaced 
 or injured in the setting or removal of any pole set or removed 
 by said company, or for the changing of the location of any of the 
 
 328
 
 Appendix. Chap. CXI. 
 
 poles of said company, whenever said company fails or refuses to 
 make said alteration to the satisfaction of the city council. 
 
 Sec. 6. That said company shall at all times permit the city 
 to use and occupy the top cross-arm of any pole erected or to be 
 erected, for fire, police, or municipal telegraph or telephone pur- 
 poses free of charg-e. 
 
 Sec. 7. That said company shall liecome solely responsible 
 and hold the citv harmless against all damages growing out of 
 the use of its streets and sidewalks under the provisions of this 
 ordinance. 
 
 Sec. 8. That this grant of license is made subject to the char- 
 ter and ordinances of the city of Galveston as the same now are 
 or may hereafter be. 
 
 Sec. o. That a consolidation, combination or joining or unit- 
 ing with any other company or corporation by the Brush Elec- 
 tric Light and Power Company of Galveston shall of itself for- 
 feit the rights and privileges hereby granted. 
 
 Sec. 10. That the rights, privileges and licenses hereby 
 granted shall not be transferred or assigned without the consent 
 of the city council of the city of Galveston, and such transfer or 
 'assignment without such consent shall of itself forfeit all the 
 rights, privileges and licenses hereby granted. 
 
 Sec. II. That whenever the charges fixed by said company 
 for lights shall become unreasonable or beyond what such lights 
 can reasonably bo supplied, then the city council reserves the 
 right to fix a maximum rate to be charged by said company 
 either for lights furnished to the city or to private consumers. 
 
 Sec. 12. That the said rights, privileges and franchises are 
 hereby granted for the term of twenty-five years from the pas- 
 sage of this ordinance, upon condition that the said company 
 signifies its acceptance in writing, to be filed with the city clerk, 
 of all the terms and all of the provisions of this ordinance, with- 
 in thirty days after its passage. 
 
 [Passed February 21, 1895. 
 
 CHAPTER CXI. 
 
 GRANT TO THE POSTAL TEEEGRAPH-CABLE COMPANY OE TEXAS. 
 
 Section i. That the right is hereby granted to the Postal 
 Telegraph-Cal:)le Company of Texas, its successors, and assigns, 
 
 429
 
 Chap. CXI. Appendix. 
 
 to construct, operate and maintain its line of telegraph poles and 
 wires, fixtures and appurtenances upon, along and over such of 
 the streets, alleys and public ways of the city of Galveston as 
 may be necessary to enable the company to reach its ofifice in the 
 city of Galveston, subject to all the laws and ordinances now in 
 fofce, or that may hereafter be enacted, regulating the construc- 
 tion and maintenance of such lines of poles and wires. 
 
 Sec. 2. That said line of poles and wires shall be so erected 
 and maintained as not to obstruct the travel upon said streets, 
 nor interfere with the flow of water in any pipe, drain, ditch or 
 culvert, and in the event of change of grade, or bringing to grade 
 any of the streets, alleys or public ways, said poles shall by said 
 company be so changed or set at its own expense as to conform 
 thereto, and said company shall save and hold said city free and 
 harmless from all or any damages arising from or caused by 
 the construction or maintenance of said line of poles and wires ; 
 and the acceptance by said company of the terms and provisions 
 of this ordinance shall bind said company to sulmiit to and com- 
 ply with all reasonable regulations which may hereafter be im- 
 posed by said city. 
 
 Sec. 3. That this grant shall not be exclusive, and the citv 
 reserves the right to grant like rights of use of the public streets 
 to others for similar uses, provided that such use shall not prevent 
 or interfere with the ]jroper exercise of the rights and privileges 
 herein granted. 
 
 Sec. 4. That the street or streets along which said poles shall 
 be erected and the location of said poles thereon shall be under 
 the direction of the committee on streets and allevs and the citv 
 engineer, subject to the approval of the city council. 
 
 Sec. 5. The construction and erection of said line of poles 
 and wires within said city shall l)e commenced within throe 
 months of the passage of this ordinance, and shall l)e completed 
 within six months from that date, l^pon failure of said company 
 to comply with these requirements, or with aiiy other require- 
 ments of this ordinance, all its rights hereunder shall be forfeited, 
 and said city shall have the right by ordinance to declare this 
 contract annulled. 
 
 Sec. 6. In consideration whereof, the said city of Galveston 
 may have the right to use as much of the upper cross-arms of 
 
 430
 
 Appendix. Chap. CXII. 
 
 said poles as may be necessary for its fire alarm and police tele- 
 graph wires ; provided, that said city's use of poles shall not be 
 so made or continued as to in any manner obstruct or interfere 
 with the use of said poles by said telegraph company ; and all 
 work of placing wires or fixtures of said city upon said poles shall 
 be done under the direction of the telegraph company's manager 
 in said city. 
 
 Sec. 7. That the franchises herein and hereby granted con- 
 tinue and be operative for the term of twenty-five years. 
 
 Sec. 8. That the said company, in the event it ceases to do 
 business in the city of Galveston, will, at its own proper cost and 
 expense, remove or cause to be removed all the poles, wires and 
 arms erected by said company in the streets of said city, and in 
 case of the failure of said company to remove said poles and 
 wires, at its own expense and cost, then the mayor of said city 
 shall have the right to order the removal of the same in the man- 
 ner provided for the removal of obstructions from the streets of 
 said city. 
 
 Sec. 9. It is agreed and understood that each and all of the 
 conditions set forth in this ordinance are conditions precedent, 
 and a failure to comply with any one or more of them shall ipso 
 facto work a forfeiture of the rights herein and hereby granted, 
 and the city shall have the right to determine and declare such 
 forfeiture of this franchise by ordinance. 
 
 Sec. 10. That this ordinance shall take effect and be in force 
 from and after its passage and approval and filing by said tele- 
 graph company of its unconditional acceptance of the terms 
 hereof. 
 
 [Passed Marcli 7, 1898. 
 
 CHAPTER CXII. 
 
 GRANT TO TITE UNITED STATES TELEPHONE AND TELEGRAPH 
 COMPANY. 
 
 Section i. That the United States Telephone and Telegraph 
 Company of Texas are hereby granted the right of way over 
 and upon the streets, alleys, avenues and sidewalks of the city 
 of Galveston, for the purpose of erecting, constructing, main- 
 taining and operating a system of telephones and telephone ex- 
 change in the city of Galveston, and between said city of Gal- 
 
 431
 
 Chaps. CXII. Appendix. 
 
 veston and other towns and cities within reach of telephone 
 communication ; and to that end, to erect and maintain all nec- 
 essary poles and posts, and to stretch, string and lay wires, 
 cables and other appliances, over any and all of said streets 
 and thorotigh fares, as may be necessary to successfully, econo- 
 mically and conveniently operate and maintain such system ; 
 subject, however, to all ordinances of the city of Galveston, 
 now in force or that may be hereafter enacted, and having ref- 
 erence to telephones, telephone wires, telephone poles or posts, 
 cables and other appliances: and subject also to the power and 
 authority of the city council to hereafter regulate and locate 
 the erection and location of all poles and wires in said city 
 erected by said company and to cause the same, at any time, to 
 be changed or removed — whether telegraph, telephone, electric 
 light, railroad or otherwise. The franchise herein granted will 
 continue for the term of fifty years. 
 
 Sec. 2. The said United States Telephone and Telegraph 
 Company of Texas shall begin the construction, of its telephone 
 lines within said city within ninety (90) days from the passage 
 of this ordinance ; and within one year thereafter shall have suffi- 
 cient poles planted and wires stretched to operate three hun- 
 dred (300) telephones. • And shall charge an annual rental of 
 not more than thirty-six dollars ($36) for each commercial tele- 
 phone in said city, nor, more than twenty-four ($24) for each 
 residence telephone in said city ; provided, however, that the 
 following city officials, to-wit : The mayor, the treasurer, the 
 city engineer, the city clerk, the city attorney and chief of police 
 and chief of fire department shall each be furnished by said com- 
 pany with a telephone free of charge ; and that the said United 
 States Telephone and Telegraph Company shall also furnish free 
 of charge a telephone at each of the offices and stations and 
 houses of the fire department of the city of Galveston, and shall 
 also furnish any other telephones that the city of Galveston may 
 desire for its use, at a rental not exceeding two dollars ($2) per 
 month ; all of such telephones to be connected with the central 
 office and with the entire system of the said United States 
 Telephone and Telegraph Company, and service thereupon 
 to be furnished free of charge, other than as above stated. 
 
 432
 
 Appendix. Chap. CXII. 
 
 Sec. 3. This ordinance shall not take effect nor be in force 
 nnless the said United States Telephone and Telegraph Com- 
 pany shall, within ten days after the passage of this ordinance, 
 file with the city clerk its acceptance of this ordinance and the 
 terms and conditions hereof. 
 
 Sec. 4. That this ordinance shall take effect and become opera- 
 tive from and after the date of the filing of said acceptance by 
 said United States Telephone and Telegraph Company of Texas, 
 with the city clerk. 
 
 Sec. 5. This franchise is granted upon the condition that all 
 wires erected or strung by said company shall be placed or strung 
 not less than a distance of four (4) feet from any other wire now 
 erected in said city, whether the same be telephone, telegraph or 
 electric light wires. 
 
 Sec. 6. That no right or privilege or franchise hereby granted 
 shall, at any time or in any manner, be transferable or sold or 
 assigned or sub-let to nor be used or exercised by any person or 
 persons, corporation or corporations, other than the United States 
 Telephone and Telegraph Company without the consent of the 
 city council of the city of Galveston previously and formally and 
 expressly given therefor, at a regular meeting of the said coun- 
 cil ; and any transfer, sale, assignment or sub-letting or use of 
 or exercise or attempt to use or exercise any one or more of such 
 rights, privileges or franchises by any person or persons, corpora- 
 tion or corporations, other than the United States Telephone and 
 Telegraph- Company, shall forfeit and render void all and singu- 
 lar the rights, privileges and franchises hereby granted. 
 
 Sec. 7. All the rights, privileges and franchises hereby 
 granted are upon the express condition that the said United States 
 Telephone and Telegraph Company of Texas shall never charge 
 more than the rates herein mentioned, and shall begin the con- 
 struction of its telephone lines within said city within ninety (90) 
 days from the passage of this ordinance ; and that it shall, within 
 one year thereafter, have sufficient poles planted and wires 
 stretched to operate three hundred (300) telephones; and failing 
 either so to begin said construction or so to complete said work 
 as aforesaid, within the time specified, or if said rates are ex- 
 ceeded shall, ipso facto, work a forfeiture of the rights herein and 
 herebv granted ; and such beginning and completion herein speci- 
 
 433
 
 Chap. CXtll. Appendix. 
 
 fied within the respective times, are conditions precedent to the 
 exercise of the powers herein granted. 
 
 Sec. 8. Within thirty (30) days from the date of passage of 
 i.his ordinance the said United States Telephone and Telegraph 
 Company of Texas shall file with the city clerk a bond in the 
 sum of five thousand dollars ($5000), to l^e approved by the 
 finance committee of the city council and the city attorney, payable 
 to the mayor of the city of Galveston, conditioned : That said 
 company shall begin the construction of its telephone lines within 
 said city within ninety (90) days from the passage of this ordi- 
 nance, and that it shall within one (i) year thereafter have suffi- 
 cient poles planted and wires stretched to operate three hundred 
 (300) telephones in said city; and in the event of failure so to do, 
 binding the principals and sureties on said bond to pay unto the 
 said mayor of the city of Galveston the sum named, as liquidated 
 damages. 
 
 Sec. 9. Within thirty (30) days from the passage of this act 
 the said United States Telephone and Telegraph Company of 
 Texas shall file with the city clerk an additional bond in the sum 
 of ten thousand dollars ($10,000), to be approved by the finance 
 committee of the city council and the city attorney, payable to the 
 mayor of the city of Galveston, conditioned : That the said com- 
 pany, in the event it ceases to do business in the city of Galveston, 
 will, at its own proper cost and expense, remove or cause to be re- 
 moved all the poles, wires and arms erected by said company in 
 the streets of said city ; and in case of the failure of said company 
 to remove said poles and wires at its own cost and expense, then 
 binding- the principals and sureties on said bond to pay unto said 
 mayor of the city of Galveston the sum of said ten thousand dol- 
 lars ($10,000), as liquidated damages. 
 
 Read first time at a meeting held September 10, 1896. 
 
 Read second time and passed at a meeting of the citv council 
 held December 7, 1896. [Approved Decs, isx. 
 
 CHAPTER CXIII. 
 
 GRANT TO THE GALVESTON AND HOUSTON EEECTRIC RAILWAY 
 
 COMPANY. 
 
 Section i. That when the Galveston and Houston Electric 
 Railway Company shall build their line of road to the western 
 
 434
 
 Appendix. Chap. CXIII. 
 
 limits of the city of Galveston, tlio assent of the city of Galveston 
 is granted to the Galveston and Houston Electric Railway 
 Company to construct, maintain and operate its line of electric 
 railway into and through the city of Galveston, over and upon 
 the following named streets in said city, to-wit : Entering 
 Avenue I at the western limits of the city, thence eastwardly 
 along said Avenue I to Tremont or Twenty-third street; also 
 to begin on said Avenue I at its intersection with Fifty-sixth 
 street, and thence over and along said Fifty-sixth street, north- 
 wardly, to the terminus of Fifty-sixth street. 
 
 Sec. 2. That the said railway company shall have the right 
 to purchase yard and depot grounds adjoining the right of way 
 hereby granted, at such point as it may deem most expedient ; pro- 
 vided, however, that no such depot shall be located east of Twen- 
 ty-fifth street, and it shall have the right to construct, erect and 
 maintain sidetracks and buildings on its said depot grounds as it 
 mav deem convenient or necessary ; and it shall have the right to 
 construct, erect and maintain its tracks and switches and grades, 
 to be fixed by the city engineer, over and across all streets which 
 may cross and intersect its depot grounds, and to connect its said 
 depot grounds by necessary tracks with the main line in the streets 
 hereinbefore named and defined. 
 
 Sec. 3. That all tracks to be laid in the streets over which 
 right of way is hereby granted shall be, as near as practicable, in 
 the center of the street, as the same shall be designated and de- 
 fined bv the city engineer; and all tracks to be laid in the streets 
 of the city shall be laid according to the grade and levels fur- 
 nished by said city engineer, and the rails shall be laid so that the 
 top of the rails shall be on a level with the street, and the same 
 shall be kept in such condition and laid in such a manner as shall 
 not interfere with the travel on and across said streets. All such 
 tracks shall be constructed under the immediate supervision of 
 the street and alley committee and the city engineer of said city. 
 
 Sec. 4. Said railway company shall, at its own proper cost 
 and expense, conform to and comply with all the general regula- 
 tions and ordinances of the city of Galveston now in force, or 
 which may hereafter be adopted, relating to the construction and 
 operation of a railway within the corporate limits of said city. 
 
 435
 
 Chap. CXIII. Appendix. 
 
 Sec. 5. In the event the city council of said city shall deter- 
 mine to pave or otherwise improve any portion of the streets 
 upon which said railway company may have its line constructed, 
 then the said company shall temporarily take up and remove its 
 improvements free of cost to the city of Galveston for such pur- 
 poses. All the lines of said railway shall be put in and kept in 
 thorough repair and maintained in good order ; and all work or 
 repairs that shall be done upon any of its lines, which may, in any 
 manner, affect the use of the streets by the public, shall be done in 
 a manner to meet th.e approval of the city engineer, and shall be 
 altered or changed by the said company whenever notified or di- 
 rected to do so by said city engineer. 
 
 Sec. 6. Said railway company agrees to grade and pave, or 
 otherwise improve, the portion of the street or intersection used 
 or occupied by it, at its own cost and expense, and the cost of 
 such improvements shall be a lien upon the property and fran- 
 chises of said company. The portion of the street occupied by 
 said company shall be deemed to mean all that portion of the same 
 between the rails of all tracks laid and extending twelve inches 
 beyond the outer edge of the rails of said road. 
 
 Sec. 7. Said railway company agrees to furnish and operate, 
 at its own proper cost and expense, an arc electric light at 
 each street crossed by the said railway throughout the length 
 of the street or streets occupied by it. 
 
 Sec. 8. The said railway company shall not permit or allow 
 its cars to stand on Avenue I, or Fifty-sixth street, for any time 
 longer than what is absolutely required to take passengers on and 
 let them off; and shall not, by the operation of said road or the 
 stoppage of cars on the same, in any wise hinder or impede traffic 
 or travel for any time longer than is absolutely necessary to load 
 and unload its passengers. 
 
 Sec. 9. That the mode of power to be used in the operation of 
 said road shall be electricity; and all the rights, privileges and 
 franchises hereby granted are upon the express condition prece- 
 dent, that the said road shall never use any motive power except 
 electricity in the operation of said road ; and any violation of this 
 section shall, ipso facto, work a forfeiture of its rights herein and 
 hereby granted. 
 
 436
 
 Appendix. Chap. OXTII. 
 
 Sec. io. That all the rights, privileges and franchises herein 
 granted are upon the express condition precedent that the said 
 Galveston and Houston Electric Railway Company shall, within 
 two years from the date thereof, be completed, with all necessary 
 equipments, from the city of Houston to the city limits of said 
 city of Galvest'^n, before this franchise shall become operative or 
 take effect ; and the said construction and maintenance of said 
 road to the western limits of said city are conditions precedent to 
 the exercise of any of the rights, privileges or franchises herein 
 granted. 
 
 Sec. ji. The said Galveston and Houston Electric Railway 
 Company shall, within three years from the date of the passage 
 of this ordinance, fill up and shell, at its own cost and expense, 
 the said Avenue I from Fortieth street to Tremont street, such 
 filling and shelling to be done under the direction and supervi- 
 sion of the city engineer of said city, and to his satisfaction, and 
 according to the grades furnished by him, and the said street 
 shall be, by said railway company, kept in such condition as that 
 vehicles can pass over and across the same, and the rails of said 
 railway company on said street shall be so laid as not to interfere 
 with the travel in any way on or across the same. The filling 
 'and shelling of said street by said railway company is expressly 
 made a condition precedent to the exercise of all the rights and 
 privileges herein granted, and the failure to comply with the pro- 
 visions of this section shall, ipso facto, work a forfeiture of all the 
 rights, privileges and licenses granted by this ordinance. 
 
 Sec. 12. That if the said Galveston and Houston Electric 
 Railwa}- Company shall faithfully comply with all and singular 
 the terms and conditions imposed by this ordinance and by the 
 contract entered into between said railway company and said city, 
 said contract to be executed not more than thirty days from the 
 date thereof, and with all and singular the provisions of the char- 
 ter and ordinances of said city of Galveston, as required by its 
 city council, as the same now exists or may hereafter be enacted, 
 then said company and its successors shall have .and enjoy the 
 rights, powers and privileges granted and conceded herein, for 
 the term of thirty-five (35) years from and aftv'r the passage of 
 ♦^his ordinance. 
 
 48'
 
 Chap. CXIV. Appendix. 
 
 Sec. 13. In force from and after the date of its passage. 
 Read first time July 5, 1897. 
 
 Read second time and passed, at a regular meeting of the city 
 council, held July 19, 1897. 
 
 [Approved July 21, 1897. 
 
 CHAPTER CXIV. 
 
 GRANT TO THE GALVESTON AND BOLIVAR .STEAM FERRY COMPANY. 
 
 Section i. That the consent of the city of Galveston be, and 
 the same is hereby given to the Galveston and Bolivar Steam 
 Ferrv Companv to create and construct or cause to be created and 
 constructed at the north end of Seventh street in the city of Gal- 
 veston an approach for the purpose of landing its steam ferry 
 l)oats plying between Galveston and Bolivar; such approach to 
 be built of wood and piling extending to the channel in such a 
 manner as in no way to interfere with navigation or to amount 
 to any impediment or obstruction whatsoever in the channel or 
 li arbor. 
 
 Sec. 2. Such approach shall be built and constructed subject 
 to the approval of the city engineer of the city of Galveston and 
 in a manner satisfactory to him, and the same shall be and is, 
 hereby made common landing place for all citizens of Galveston 
 when not occupied as a landing place by the ferry boats of said 
 company ; provided, however, that upon the arrival from Bolivar 
 peninsula of any ferry boat of said company laden with passen- 
 gers or vehicles, such ferry boat shall be given the right of way 
 and have first access to such landing place ; but this provision is 
 in no wise to be construed 'as giving to the said company the ex- 
 clusive right of way over and along said approach or over and 
 along the north end of said Seventh street as against the citizens 
 of Galveston, and the rights of said citizens to use said street shall 
 in no wise be impeded or hindered by this ordinance. 
 
 Sec. 3. That the said company undertakes to hold the said city 
 of Galveston harmless and indemnify it against all suits, costs, 
 expenses and damages that may arise or grow out of this grant 
 or by reason of its occupation and use of the privilege and fran- 
 chise herein granted, and undertakes and agrees, and does in the 
 acceptance of this grant waive all claim of title to said portion 
 
 438
 
 Appendix. Chap. CXV. 
 
 of Seventh street which may be occupied by it, by reason of pos- 
 session, Hmitation or otherwise. 
 
 Sec. 4. That the grant hereby made shall extend only to such 
 portion of said street as the said city of Galveston has the right 
 to grant under the laws of the State and under the charter and 
 ordinances of said city of Galveston, and shall not be construed to 
 prejudice the right of the said city of Galveston to cause the said 
 landing and all structures and piling erected in connection there- 
 with to be removed whenever it shall be deemed necessary or ex- 
 pedient to the said city of Galveston to reopen said street to the 
 channel, and to use the same for public purposes. 
 
 Sec. 5. That this ordinance shall take effect and be in force 
 from and after the date of its passage. 
 
 Passed under suspension of rules at regular meeting of city 
 council, held March 21, i! 
 
 CHAPTER CXV. 
 
 GRANT TO THE COMMERCAI, TEEEPHQNE COMPANY. 
 
 Section i. That the Commercial Telephone Company, a cor- 
 poration organized under and by virtue of the laws of the State 
 of Texas, is hereby granted the right to erect poles and construct 
 subways and to do anything and everything necessary for the 
 proper construction, maintenance and operation of a long-dis- 
 tance telephone line above or under ground, along, across and 
 upon the following streets and alleys, viz : 
 
 From the city limits on the west eastward along and on the 
 north side of Avenue I to Twenty-ninth street. From the north 
 side of Avenue I northward along and on the east side of Thirty- 
 first street to the south side of Avenue A. From the north side 
 of Avenue I northward along and on the east side of Twenty- 
 ninth street to the alley between Avenue H and Avenue I ; thence 
 eastward along said alley to Twentieth street. From said alley 
 northward and on the east side of Twenty-sixth street to the alley 
 between Avenue B and Avenue C. 
 
 From Thirty-first street on and along the south side of Avenue 
 A eastward to Twentieth street and thence southward on and 
 along the west side of Twentieth street to the alley between 
 Avenue H and Avenue I. On and along the alleys between 
 
 439
 
 Chap. CXY. Appendix. 
 
 Avenue H and Avenue A from Twentieth street to Twenty-sixth 
 street. From tho west side of Twentieth street eastward crossing 
 Twentieth street and on and along- the south side of Avenue 
 H to a point opposite the alley on the east of the court house, 
 thence through said alley for connections, crossing all avenues, 
 streets and alleys intervening on said routes. 
 
 Skc. 2. That all work done or to be done under this ordinance 
 shall be done under the control and supervision of the city en- 
 gineer and so as not to injure or interfere with traffic upon said 
 streets and alleys or other use thereof by the public or others hav- 
 ing prior rights thereon, and at all times the city and its authori- 
 ties shall have and exercise authority and control over the said 
 grant and the use thereof in the interest of the public in every 
 way, and especially in all matters connected with the police 
 powers of said city, and may at any time direct and compel the re- 
 moval of poles, construction of subways or other construction lo 
 conforni to public convenience or other necessity. 
 
 Sec. 3. That said grant shall not be assigned or transferred 
 without the assent of the city being first obtained by ordinance 
 duly enacted and subject always to the terms, provisions and con- 
 ditions of this ordinance and of any other which the city may here- 
 after enact. 
 
 Sec. 4. That the property and appliances used and employed 
 in the exercise of the franchise and right hereby granted shall 
 throughout the full term of the grant be maintained in good and 
 serviceable condition and shall be efficiently conducted and oper- 
 ated in the public service at reasonable rates to be determined, lim- 
 ited and fixed from time to time by the board of commissioners 
 of said city or other authority exercising their functions. 
 
 Sec. 5. That the city of Galveston doss not part with but here- 
 by expressly reserves the right and duty at all times to exercise 
 in the interest of the public full superintendence, regulation and 
 control in every respect over said grant and the use thereof and 
 especially in all matters connected with the police powers of said 
 city. 
 
 Sec. 6. That in case any of the conditions and terms of this 
 grant and of the use and of the exercise thereof, or any rule, reg- 
 ulation or provision now or hereafter enacted for observance in 
 the construction, maintenance or operation of said telephone line 
 
 440
 
 Appendix. Chap. CXV. 
 
 and its connections, shall he violated or not complied with in any 
 respect or in case the same shall not 1)e so used and exercised as 
 to secure efficient puhlic service at reasonable rates and the main- 
 tenance of the property in good condition throughout the full 
 term of the grant, then, and in such case, the board of commis- 
 sioners of said city or other authority exercising their functions 
 may by ordinance declare said grant forfeited, or otherwise en- 
 force compliance with its terms. The said Commercial Telephone 
 Company sliall withm thirty days from the passage of this ordi- 
 nance make and file with the city secretary a bond payable to the 
 city in the sum of three thousand dollars, with sureties to be ap- 
 proved by the president and commissioners of finance and rev- 
 enue and conditioned to indemnify the city against and for the 
 cost and expense of removing the poles and other property of 
 said company from the streets and alleys of the city in case the 
 city shall have to eftect such removal, and shall remove such poles 
 and property on account of non-use of this grant for the space 
 of two years from the date of the passing of this ordinance. 
 
 Sec. 7. That the maximum tolls, rates and charges to be made 
 and charged for public service into and out of Galveston over the 
 lines of said Commercial Telephone Company and its connections 
 shall be 25 per cent, less than the rates now charged over other 
 line or lines for the same service ; or in lieu of such reduction in 
 charge an increase in time allowance of not less than 25 per cent. 
 over that allowed for communications at present rates over other 
 line or lines; provided, however, that all messages and conversa- 
 tions to and from the officials of the city of Galveston concerning 
 the pubhc business and affairs of said city shall pass and be trans- 
 mitted free of charge or toll over the lines of said Commercial 
 Telephone Company and over all local connections therewith, and 
 also over connecting long distance telephone lines, at the lowest 
 rate for which other like messages to or from Galveston are car- 
 ried over such connecting long distance lines. 
 
 SiiC. 8. That this grant shall take effect and be operative fifty 
 years from the date of the passage of this ordinance and at the 
 option of the city be forfeited at any time in case said Commer- 
 cial Telephone Company shall violate or fail to comply with any 
 of the provisions, terms and conditions of this grant or of any 
 
 441
 
 Chap. CXVI. Appendix. 
 
 ordinance, rule or regulation that may be hereafter enacted or 
 adopted concerning the same by the city of Galveston. 
 
 Sec. 9. That this ordinance take effect and be in force from 
 and after its passage. 
 
 CHAPTER CXVL 
 GA1.VEST0N sewer company. 
 
 Section i. That there be and is hereby granted to the Gal- 
 veston Sewer Company, a corporation organized under and pur- 
 suant to the laws of the State of Texas, and its legal successors 
 and assigns, for the term of fifty }'ears, from and after the final 
 passage of this ordinance, the right and privilege to lay a system 
 of sewer pipes beneath the surface of the streets, avenues and 'al- 
 leys of the city of Galveston, for the construction of *a system of 
 sewerage in said city and to operate and maintain said system 
 under such ordinance established by the city council. 
 
 Sec. 2. That the system to be constructed, operated and main- 
 tained is that known as the Galveston Sewer Company's system, 
 owned and controlled by said company. 
 
 Sec. 3. That said system shall be constructed in a good and 
 thorough manner under plans prepared by a sanitary engineer, 
 who shall be appointed by the mayor, with the consent of the city 
 council, whose plans shall be submitted to the city council and 
 city engineer for approval. The construction of said sewer sys- 
 tem will at all times be under the direction of the city engineer, 
 in conjunction with the sanitary engineer; provided, that the city 
 shall be at no expense in the matter of the compensation of such 
 sanitary engineer. 
 
 The said system shall be constructed as follows : 
 
 All main sewers running from the bay to the north side of 
 Avenue M, or as far as may be considered practicable by the en- 
 gineer, to be of the best quality of cement pipe in various sizes, 
 said pipe to have a flat base as per plans shown, and to be laid 
 upon a plank foundation, and put together and joined with the 
 best Portland cement to a smooth surface on the inside. Brick 
 manhole to be built at the intersection of each alley. Then east 
 and west from each manhole there shall be laid a line of sewer 
 alley laterals of no less than eight inches in diameter, internal, and 
 
 442
 
 Appendix. Chap. CXVI. 
 
 of the best quality of double streugth salt glaced vitrified pipe. 
 Said eight-inch pipe will in no case be any greater distance than 
 two blocks, 660 feet, in length from the main sewer on each side. 
 
 Then there shall be abreast of each lot, or building on lot or lots, 
 a Y for house connections. These branches are to be properly 
 capped at the sewer ends until such connections are made. The 
 said mains shall be constructed, if the city so desires, for a com- 
 bined system of sewerage and storm water which will allow all 
 storm waters from streets and alleys to pass ofif through said 
 sewer from the north side of M into the bay. The outlet of said 
 sewer system to empty into the channel beyond the bulkheads of 
 wharves and the ends of all discharging sewer m'ains to be below 
 the level of ordinary high tides, 
 
 Skc. 4. That the said city of Galveston is to have the use of 
 said system for the removal of the sewerage of its public build- 
 ings, and all public school buildings, and engine houses, city hall, 
 markets and urinal closets, free of all costs and charges, after said 
 buildings are connected with said sewer system, and in considera- 
 tion thereof, the property, franchise, privileges, stock earnings of 
 said company, its successors and assigns, shall be exempt from all 
 assessments and taxes and other charge whatever, and the said 
 city of Galveston agrees to furnish sufficient water for flushing 
 out said sewer system at all times, when required, free of any 
 charge to said sewer company, and in the event said sewer system 
 is constructed under this franchise with the view of carrying off 
 the storm water, the city shall then pay to the Galveston Sewer 
 Company its proportion of the cost of construction of the main 
 sewers, together with the cost of , all catch basins. Such cost shall 
 be arrived at through the city engineer. 
 
 Skc. 5. That the said city council shall regulate and control 
 the charges for the connections for any and all buildings with 
 said sewer system, which charges shall be final, and the said Gal- 
 veston Sewer Company, its successors and assigns, as the case 
 may be, shall have a lien upon the property so connected with, and 
 may charge and collect in advance for such sewer service for a 
 year, or a fractional part of a year, not to exceed the following 
 rates, to-wit : 
 
 ( I ) For each hotel and factory and restaurant : 
 
 First three closets, $1.50 per month each; all additional closets, 
 
 443
 
 Chap. CXVI. Appendix. 
 
 75 cents each per mouth ; for connecting- slop hoppers, 75 cents pci 
 month each. 
 
 (2) For stores, warehonses, offices, saloons and bar-rooms : 
 The first closet, $1.50 per month each; second closet, $1.00 per 
 
 month ; all additional closets, 50 cents per month each. 
 
 (3) For all public buildings other than city buildings, public 
 school buildings and engine houses : 
 
 The first three closets, $2.00 per moiuh each; all additional 
 closets, $1.50 per month each. 
 
 (4) For each boarding house : 
 
 The first two closets, $1.25 per month each; all additional 
 closets, 75 cents per month each ; for connecting slop hoppers with 
 sewer, 50 cents per month additional. 
 
 (5) For each private residence or cottage : 
 
 The first closet, $1.00 per month ; all additional closets, 50 cents 
 per month each ; for connecting slop hoppers with sewer, 50 cents 
 per month. 
 
 (6) For each livery stable : 
 
 The first closet, $1.50 per month; second closet. $1.00 pei 
 month; for carrying ofT waste water and urine from horses, $t.oo 
 per month. 
 
 (7) For all other buildings not mentioned in this schedule 
 will be charged in proportion, property owners paying for all 
 grease hoppers, traps and pipe connections from the sewer line 
 into their premises. And for all other places, such rates as may 
 !)e lixed by said company, its successors and assigns, as the case 
 may be. That the price to be paid for connections with the main 
 or lateral pipes is not to exceed one dollar ($1.00) for each foot 
 of pipe used in making said connections, and that all such con- 
 nections are to be made by the company, its succes.sors or assigns. 
 
 vSkc 6. That, should any charge, due and payable, as pro- 
 vided by the last foregoing article, remain uni^aid and in arrears 
 for the space of thirty days, the said company, its successors or 
 assigns, may cut'oflf all connections between said sewer and the 
 pipes on the premises, in respect to which said charges shall noi 
 l)e paid, and when any sewer lateral or laterals have been com- 
 pleted in any alley for the receiving of house sewerage, then the 
 city council shall cause and compel, at once, said owner of said 
 building to connect with said sewer system under existing ordi-
 
 Appendix. Chap. CXVI. 
 
 nances covering- the same. No buildings will be allowed to con- 
 nect with said sewer system until a permit has been first procured 
 from the sewer company and filed in the city clerk's office for rec- 
 ord. And any one making any connection with any part of said 
 sewer system, without first having obtained the permit luTein pre- 
 scribed, shall be subject to a fine in any sum not less than twenty- 
 five nor more than fifty dollars, recoverable before the recorde-r, 
 or any other court of competent jurisdiction. 
 
 Sec. 7. That said company, its successors or assigns, as the 
 case may be, shall restore the surface of any street, avenue, lane 
 or alley beneath the surface of which said pipes shall be laid, to as 
 good condition as it was in previous to the laying of the pipes, 
 and whenever the company, its successors or assigns, shall ne- 
 g'lect, after five days' notice from the city of Galveston, to repair 
 any damage to any street, avenue, lane or alley, caused by said 
 company, its successors or assigns, the said city may have the 
 same repaired, and may collect the reasonable costs of such re- 
 pairing from said company, its successors or assigns, as the case 
 may be. 
 
 Sec. 8. The said company, its successors or assigns, shall be- 
 gin the construction of said sewer system within five months after 
 this ordinance takes efifect, and shall complete the said sewer sys- 
 tem, district by district, within such time as the city may require 
 thereafter, and the first district under construction shall have been 
 completed before work on any other district is allowed to start. 
 
 Sec. 9. That said company, its successors or assigns, is not to 
 open any street, lane, avenue or alley without the consent of the 
 proper authority. 
 
 Sec. 10. In the event that the city should at any time deter- 
 mine to construct its own system of sewerage, then, in that event, 
 it shall purchase and become owner of all the sewerage system of 
 this company, then completed or in process of actual construction, 
 at a price or valuation, to be ascertained or fixed by arbitration, 
 as follows : One arbitrator to be selected by the city, another by 
 the sewer company, and in the event of disagreement, a third as 
 umpire, to be selected by these two arbitrators, and the decision 
 of the majority to be final. 
 
 Sec. II. The said city shall at all times assist the said com- 
 panv, its successors or assigns, either by the passage of ordinances, 
 
 s:?- 445
 
 Chap. CXVI. Appendix. 
 
 or by such other action as may be necessary to carry out the true 
 mtent and meaning of this ordinance, to the end that said com- 
 pany, its successors and assigns, may not and shall not be inter- 
 fered with in- the prosecution of the construction, management or 
 maintenance of said sewers in any- of the avenues, streets or alleys 
 in said city by any individual or corporation. 
 
 Sec. 12. That the said sewer company shall execute and deliver 
 to the city clerk, for the benefit of the city of Galveston, a good 
 and sufficient bond in the sum, of ten thousand dollars ($10,000), 
 payable to the mayor, or his successor in office, conditioned that 
 said sewer company will faithfully discharsfe their duties and com- 
 ply with their contract in all matters relative to the within sewer 
 system. 
 
 Sec. 13. This ordinance shall take efifect from and after its 
 passage ; provided, that the plans and specifications for the con- 
 struction of said sewer system, after the same shall have been 
 adopted, as provided for in section 3 of this ordinance, shall be 
 considered, and the same are hereby made a part of this ordinance. 
 
 446
 
 INDEX TO APPENDIX. 
 
 Anderson, George— Chapter 
 
 Grant to LXXIX 
 
 Ball Hkih School — 
 
 Soutli half block 31' I set apart for use of . . LXIX 
 
 Bonds — 
 
 For purchase of block o21 I 
 
 Galveston thirty-year limited debt II 
 
 Galveston forty-year limited debt .... Ill 
 
 Waterworks, street improvement and city hall IV 
 
 Galveston forty-year limited debt of 1801 V 
 
 General indebtedness funding bonds of 180.") VI 
 
 Forty-year waterworks bonds of 1896 . . . VII 
 
 Public schoolhouse bonds of 1897 VIII 
 
 General indebtedness funding bonds of 1897 IX 
 
 Sewerage bonds X 
 
 Brush Electric Light and Power Company, grant to erect poles 
 
 and wires. CX 
 
 Charles Clarke and associates, grant to lay oil-pipe lines . . . CIV 
 
 Commercial Telephone Company CXV 
 
 Galveston Bagging and Cordage Company — 
 
 Grant to use streets LVIII 
 
 Galveston, Brazos and Colorado Narrow Gauge Railway 
 Company — 
 
 Grant of right of way L 
 
 Galveston City Railroad Company — 
 
 Contract with XXX 
 
 Grant to People's Railway Company XXXI 
 
 Grant of right of way XXXII 
 
 Grant of right of way XXXIII 
 
 Grant of right of way XXXIV 
 
 Grant of right of way XXXV 
 
 Revocation of grant XL 
 
 Grant to change to electric power LXXXIV 
 
 Grant of right of way LXXXV 
 
 Grant for oil-pipe line LXXXVI 
 
 Grant to lay oil-pipe line and tanks LXXXVII 
 
 Grant to Charles F. Hotchkiss et al LXXXVIII 
 
 Galveston Gas Company — 
 
 Grant to Alfred T. James and others LlII 
 
 3.3a
 
 xl 
 
 IXDEX TO APPENDIX. 
 
 Galveston, Houston and Henderson Railkoad Company— Chap. 
 
 Grant of right of way XLIV 
 
 Grant of right of way XLVII 
 
 Grant of right of way XCII 
 
 Grant of right of way XCIII 
 
 Grant of right of way XCIV 
 
 Grant of right of way XCV 
 
 Galveston Jetty Railway Company— 
 
 Grant of right of way XLIX 
 
 Grant of right of AVay XLlXa 
 
 Grant of right of way .... LXXYIII 
 
 Galveston Wharf and Cotton Press Company— 
 
 Act of incorporation LXII 
 
 Amendment of charter LXIII 
 
 Galveston Wharf Company — 
 
 Act of incorporation LXIII 
 
 Decree of compromi.se LXIV 
 
 Confirmation of compromise by act of legislatnre LXV 
 
 Grant of right of way by city council ... LXVI 
 
 Grant of right of way by legislature. LXVII 
 
 Confirmation of grant by city council LXVIII 
 
 GuLE City Street Railway' and Real Estate Company — 
 
 Grant to T. D. Allan and associates XXXVI 
 
 Grant of T. D. Allan and associates XXXVII 
 
 Grant of right of way XXXYIII 
 
 Grant of right of waj"^ XXXIX 
 
 Grant of right of way XL 
 
 Grant of right of way XLa 
 
 Grant of right of way XLI 
 
 Grant of right of way XLII 
 
 Gulf, Colorado and Santa Fe Railway Company— 
 
 Grant of right of way XLI II 
 
 Grant of riglit of way XLIV 
 
 Grant of right of way XLV 
 
 Grant of right of way XLVI 
 
 Grant of right of way XLVII 
 
 Grant of right of way XLVIII 
 
 Grant of right of way LXXXI 
 
 Grant of right of way . LXXXII 
 
 Grant of right of way , LXXXIII 
 
 Galve?ton and Western Railway' — 
 
 Grant of light of way LII 
 
 Galveston Eope and Twine Company — 
 
 Granting certain rights to LXXI
 
 INDEX TO APPENDIX. xli 
 
 Galveston Cotton and Woolen Mills — Chap. 
 
 Grantino; certain rights to LXXII 
 
 Galveston Sewer Cobipany — 
 
 Grant to coustrnct sewers LXI-CXVI 
 
 Galveston, LaPoute and Houston Railway — 
 
 Grant of right of way LXXXIX 
 
 Grant of right of way XC 
 
 Grant of right of way XCI 
 
 Galveston Beewing Company — 
 
 Grant to lay r^iilroad switches CVII 
 
 Galveston and Western Eailavay Company — 
 
 Grant of right of way LXXXIX 
 
 Galveston. Houston and Northern Railway Company — 
 
 Grant of right of way XXVI 
 
 Grant of right of way XXVII 
 
 Grant of right of way XXVIII 
 
 Grant of right of way XXIX 
 
 CoLLis P. Huntington — 
 
 Grant to construct wharves, cross and close streets XCVII 
 
 Grant to lay railroad tracks. . XCVIII 
 
 Heidenheimer, Sampson and Associates — 
 
 Grant to LVII 
 
 Heffron, Isaac, and Associates — 
 
 Grant to construct sewers LX 
 
 A. S. Newson and Associates — 
 
 Grant for telephone line CVI 
 
 Postal Telegraph Cable Company — 
 
 Grant lo erect poles and wires CXI 
 
 Henry Rosenberg's Executors — 
 
 Erection of a monument on Broadway CIX 
 
 Ladd, W. F., and Associates — 
 
 Grant to construct awnings over sidewalks LVI 
 
 Sealy, John, Executors of — 
 
 Donation, acceptance of LIX 
 
 Sealy Hospital — 
 
 South half of block No. 668 dedicated to LIX 
 
 Donation of, to State of Texas LXX 
 
 Leased to Texas Medical College and Hospital LXXVI
 
 Xlii INDEX TO APPENDIX. 
 
 South Galveston and Gulf Shore Railroad Company— Chap. 
 
 Grant of right of way to LXXIY 
 
 Southwestern Telephone and Telegraph Company— 
 
 Grant to lay underground conduits CV 
 
 Taxes, Municipal — 
 
 Levied for 1894 XI 
 
 Levied for 189', XII 
 
 Levied for 189(1 XIII 
 
 Levied for 1897 XIV 
 
 Levied for 1898 . XV 
 
 Levied for 1899 XVI 
 
 Levied for 1900 ' • . XVII 
 
 Levied for 1901 XVlIa 
 
 Taxes, School — 
 
 Levied for 1898 XVIIl 
 
 Levied for 1894 XIX 
 
 Levied for 1895 XX 
 
 Levied for 1896 XXI 
 
 Levied for 1897 XXII 
 
 Levied for 1898 XXIII 
 
 Levied for 1 899 XXIV 
 
 Levied for 1900 XXV 
 
 Levied for 1901 XXVa 
 
 Texas-Mexican Railway Company — 
 
 Grant of right of way to LI 
 
 Texas Medical College — 
 
 Lease to XXXVI 
 
 Texas Star Flour Mills — 
 
 Grant to erect huildings CVIII 
 
 United States Government — 
 
 Grant of right of way XCIX 
 
 Grant to acquire land and close streets C 
 
 Grant of right of way CI 
 
 Grant in Denver Resurvey CII 
 
 Grant for coal station Clll-CIIIa 
 
 United States Telephone and Telegraphic Company— 
 
 Grant of right of way CXII 
 
 Galveston and Bolivar Steam Ferry Company — 
 
 Right to establish wharf on Seventh street CXIV 
 
 Galveston and Houston Electric Railway Company — 
 
 Grant of right of way CXIII
 
 CATALOGUE 
 
 OF THE 
 
 CITY GOVERNMENT 
 
 FROM ITS INCORPORATION MARCH, 1839, TO JUNE, 1893. 
 
 March, 1839, to June, 1840.''' 
 JOHN M. ALLEN, Mayor. 
 
 Aldermen : 
 Gail Borden, Jr., Joseph Taylor, 
 
 W. B. Nichols, ■ John C. Shaw, 
 
 C. F. Baumlin, N. Taylor, 
 
 N. Griffith, C. H. Vanwinkle, 
 
 John S. Evans, N. B. Yard, 
 
 B. S. Watson, D. S. Kelsy, 
 
 L. Westcott, C. i\r. Gahagan, 
 
 John Derrick. 
 John N. Reed, secretary ; Leander Westcott, marshal ; Peter 
 J. Menard, treasurer ; Lent M. Hitchcock, harbor master ; 
 James M. McKnight. recorder. 
 
 June, 1840, to March, 1841. 
 JOHN H. WALTON, Mayor. 
 
 Aldermen : 
 Josh C. Shaw, W. B. Nichols, 
 
 Lent M. Hitchcock, S. W. Tichenor, 
 
 B. A. Shepherd, Michael Seeligson, 
 
 Peter J. Menard. John D. Groesbeck, 
 
 John S. Sydnor. 
 George Haswell, secretary ; Leander Westcott, marshal ; 
 William Fields, treasurer; T- Seldon, harbor master. 
 
 * The board, consisted always of nine aldermen, but several resigned in 
 1839, and their places were filled. 
 
 t In 1840 occurred the war of the old and new charter parties. From 
 June to August, Allen and Walton both claimed to be mayor, with distinct 
 aldermen. Walton and the new charter triumphed.
 
 448 
 
 CITY GOVERNMENT. 
 
 1841. 
 
 JOHN \[. ALLEN. Mayor. 
 
 Aldermen : 
 Oscar Parish, 
 Lent M. Hitchcock, 
 Stephen Kirkland, 
 James Foiilhouze, 
 
 R. AL Hannay. 
 
 John S. Jones, secretary ; Leander Westcott, marshal ; J. M. 
 Branham, treasurer; Lent AI. Hitchcock, harbor master. 
 
 A. J. Cody, 
 Jacob L. Briggs, 
 S. W. Tichenor, 
 W. B. Nichols. 
 
 1842. 
 
 J. M. BRANHAM. Mayor 
 
 Aldermen : 
 Hamilton Stuart. 
 Al. A. M. Jackson, 
 A. Swingle, 
 John M. Jones, 
 
 Andrew Baldinger. 
 Oscar Parish. 
 Lent M. Hitchcock. 
 William Garlick. 
 
 A. C. Crawford. 
 
 Alfred P. James, secretary; Leander Westcott, marshal; 
 T. T. Hopkins, treasurer; Lent Al. Hitchcock, harbor master. 
 
 1843. 
 JOHN Al. ALLEN. Mayor. 
 
 Aldermen : 
 
 Hamilton Stuart, Francis O. Brown, 
 
 Lent AL Hitchcock, Joshua C. Shaw, 
 
 M. Meugins, Oscar Parish. 
 
 A. J. Alaynard, E. L. Lfiford. 
 
 John S. Jones, secretary ; Leander Westcott. marshal ; Frank 
 Hitchcock, treasurer; Lent AL Hitchcock, harbor master; F. 
 H. Alerriman. recorder.
 
 CITY GOVERNMENT. 449 
 
 1844. 
 
 JOHN M. ALLEN, ^layor. 
 
 Aldermen : 
 John M. Jones. Lent M. Hitchcock, 
 
 Jacob L. Briggs, R. P. Jones, 
 
 Joshua C. Shaw, A. J. Maynard, 
 
 E. Sevier, A. C. Crawford, 
 
 John Armstrong. 
 Daniel Marston, secretary; J. H. F. Chapman, marshal; 
 Frank Hitchcock, treasurer; N. Hurd, harbor master; Stacy 
 B. Lewis, Aaron Burns, J. Lambert, port wardens (first 
 authorized). 
 
 1845. 
 JOHN M. ALLEN, Mayor. 
 
 Aldermen : 
 Oscar Farish, James Cronigan, 
 
 John H. Bennett, Jacob L. Briggs, 
 
 A. C. Crawford, John Armstrong, 
 
 John M. Jones, Lent M. Hitchcock, 
 
 Hamilton Stuart. 
 Daniel Marston, secretary; J. H. 1^^. Chapman, marshal; 
 Frank Hitchcock, treasurer; N. Hurd, harbor master; Aaron 
 Burns, J. Sheldon, J. AI. Seymour, port wardens. 
 
 1846. 
 
 JOHN S. SYDNOR, Mayor. 
 
 Aldermen : 
 Oscar Farish, A. C. Crawford, 
 
 A. J. Maynard, John H. Bennett, 
 
 Simon L. Jones, Hamilton Stuart, 
 
 Wm. C. Byrne, x\ntone Ofificier, 
 
 H. A. Cobb. 
 Daniel Marston, secretary; Ferdinand Flake, marshal; Lent 
 M. Hitchcock, treasurer; Luke A. Falvel, harbor master; 
 Stacy B. Lewis, Aaron lUirns, F. C. Cobb, port wardens.
 
 450 CITY GOVERNMENT. 
 
 1847. 
 
 JOHN S. SYDNOR, Mayor. 
 Aldermen : 
 Oscar Parish, A. C. Crawford, 
 
 E. L. Ufford. Josh C. Shaw. 
 
 E. S. Wood, "S. W. Tichenor, 
 
 Stephen Kirkland, H. A. Cobb, 
 
 A. J. Maynard. 
 Daniel Marston, secretary; W. N. Sparks, marshal; Lent 
 AI. Hitchcock, treasurer; R. F. Cobb, harbor master; Stacy 
 B. Lewis, Aaron Burns. J. Perry, port wardens. 
 
 1848. 
 
 JOSEPH BATES, Mayor. 
 Aldermen : 
 John L. Darragh, Morgan L. Parry, 
 
 Geo. H. Delesdernier, Lent M. Hitchcock, 
 
 Stephen Southwick, James G. Hurd, 
 
 James M. Brown, ^^'illiam R. Smith, 
 
 Michael Seeligson. 
 Daniel Marston, secretary; John Howe, marshal; Lent M. 
 Hitchcock, treasurer; Aaron I^urns, harbor master; N. Hurd, 
 Henry Austin, Charles Behling, port wardens. 
 
 1849. 
 HAMILTON STUART, Mayor. 
 Aldermen : 
 Morgan L. Parry, Geo. H. Delesdernier, 
 
 John L. Darragh, Christopher Fox, 
 
 Charles L. Beissner, Cephas B. Adams, 
 
 Williams R. Smith, E. L. Ufford, 
 
 Ephraim McLean. 
 E. A. Rhodes, secretary ; N. S. Hill, marshal ; John H. Ben- 
 nett, treasurer; Aaron Burns, harbor master; Nathaniel Hoyt, 
 Henry Austin, Charles Behling, port wardens.
 
 CITY GOVERNMENT. 451 
 
 1850. 
 
 HAiMILTON STUART, Mayor. 
 Aldermen : 
 E. P. Hunt, George Ball, 
 
 Charles L. Beissner, Henry Jonrneay, 
 
 Joshua C. Shaw, H. A. Cobb, 
 
 Benjamin Van Buren, George H. Delesdernier, 
 
 E. O. Lynch. 
 Wm. M. Sergeant,' secretary ; Powell R. Edwards, marshal; 
 John H. Bennett, treasurer; Thos. W. Marshall, harbor mas- 
 ter; Charles Behling, N. Hoyt, A. P. Lufkin. port wardens. 
 
 1851. 
 HAMILTON STUART, Mayor. 
 Aldermen ; 
 E. P. Hunt. E. O. Lynch, 
 
 Simon L. Jones, Mark M. Potter. 
 
 Geo. H. Delesdernier. Charles L. Beissner, 
 
 Henry Journeay, James P. Sherwood, 
 
 Allen Lewis. 
 Wm. M. Sergeant, secretary; Powell R. Edwards, marshal; 
 Lent i\L Hitchcock, treasurer; Thos. W. Marshall, harbor 
 master; N. Hoyt, Aaron Burns, Charles Behling, port 
 wardens. 
 
 1852. 
 
 HAMILTON STUART, Mayor. 
 x\ldermen : 
 
 E. O. Lynch, Geo. H. Delesdernier, 
 S. Graves, E. L. Ufford, 
 
 F. W. Schmidt, Edward Keough, 
 Cephas B. Adams, Wm. t. Crow, 
 
 Charles Behling. 
 Wm. M. Sergeant, secretary; N. S. Hill, marshal; John H. 
 Bennett, treasurer; N. Hoyt, harbor master; A. P. Lufkin, 
 H. A. Wilson, H. \\'. Patrick, port wardens; Edward Drew, 
 sexton.
 
 452 CITY GOVERNMENT. 
 
 1853- 
 
 M. SEELIGSON (resigned), WILLARD RICHARDSON, 
 
 Mayor. 
 
 Aldermen : 
 John S. Jones. Jacob H. Thackera, 
 
 Michael Jordan, Christopher Fox, 
 
 Stephen Kirkland, Jacob L. Briggs, 
 
 David Webster, John P. Davie, 
 
 J. H. LePert.' 
 
 Leroy H. Smith, secretar}- ; N. S. Hill, marshal; John H. 
 Bennett, treasurer; N. Hoyt, harbor master; H. W. Patrick, 
 E. L. Ufford, Dan Phillips, port wardens ; John N. Reed, 
 searcher of vessels ; Edward Drew, sexton. 
 
 1854. 
 
 JAMES CROXICAX. Mayor. 
 Aldermen : 
 E. Walbridge, James Sorley, 
 
 Gilbert Winnie, John S. Jones, 
 
 Edward Hill. Charles L. Beissner, 
 
 P. R. Edwards. Isidor Dyer, 
 
 Jacob L. Briggs. 
 Leroy H. Smith, secretary; John X'. Reed, marshal; John 
 H. Bennett, treasurer; Thomas W. Marshall, harbor master; 
 Daniel Phillips, Joshua C, Shaw, George Westrop, port 
 wardens; Peter Delbrel, searcher of vessels; Edward Drew, 
 sexton. 
 
 [NOTE. — The office of surveyor has been filled by John O. Trueheart, 
 John DeYoung, S. P. Brown and others; that of weigher by William M. 
 Hudson, A. Allen, Ira Day, N. Parker, H. King. George B.' Innis, L. W. 
 Dake and H. Julfs, at different periods. Some offices have been irregular. 
 Until 1852 the subordinate officers were elected by the council. Resigna- 
 tions not noted have occurred, and the vacancies have been filled. Much 
 confusion prevailed in 1840, in consequence of the new charter raising 
 doubts; so, also, in 1853; but the elected officers all held theu- seats. 
 About June, however. Mayor heeligson resigned, and was succeeded by 
 Willard Richardson for the remainder of the term. The secretary has 
 heretofore been termed "city clerk;" under the new charter he was "desig- 
 nated as "secretary."]
 
 CITY GOVERNMENT. 453 
 
 1855. 
 
 JAMES E. H AVI LAND, Mayor. 
 Aldermen : 
 Hamilton Stuart, H. B. Alartin, 
 
 John S. Jones, R. H. Howard, 
 
 James Cronican, Jacob L. Briggs, 
 
 Allen Lewis, Joseph W. Rice, 
 
 P. R. Edwards. 
 Leroy H. Smith, city secretary; John N. Reed, marshal; 
 David Wakelee. treasurer; Thomas W. Marshall, harbor 
 master; Joshua C. Shaw, Charles Behling, J. W. Wood, port 
 wardens ; Peter Delbrel, searcher of vessels : John DeYoung, 
 surveyor; Edward Drew, sexton; A. Allen, weigher. 
 
 1856. 
 
 JOHN HENRY BROWN, Mayor. 
 jVldermen : 
 Leslie A. Thompson, Julius Kauffman, 
 
 John L. Darragh, Charles L. Beissner, 
 
 John P. Davie, J. W. Benedict (res.), 
 
 E. L. Ufford, N. Lidstone, 
 
 N. B. Yard (vac), William Shields. 
 
 Leroy H. Smith, secretary ; John N. Need, marshal ; David 
 Wakelee, treasurer ; Thomas W. Marshall, harbor master ; 
 A. P. Lufkin, Frank Hitchcock, Lewis Parker, port wardens; 
 Edward Drew, sexton ; Peter Delbrel, searcher of vessels ; 
 John O. Trueheart, surveyor; William M. Hudson, weigher. 
 
 1857. 
 
 JOHN HENRY BROWN, Mayor. 
 Aldermen ; 
 H. Julfs, T. M. League, 
 
 L. A. Thompson, C. L. Beissner, 
 
 J. S. Sydnor, D. D. Atchison, 
 
 James Magean, A. P. Lufkin, 
 
 M. Menard, B. C. Franklin, 
 
 W. Shields, N. Lidstone. 
 
 Charles E. Thompson, secretary; John N. Reed, marshal; 
 William C. Griffith, assessor and collector ; David Wakelee, 
 treasurer; Luke A. Falvel, harbor master; John DeYoung, 
 surveyor; Frank Hitchcock, Joseph McLellan and Lewis 
 Parker, port wardens; William M. Hudson, weigher, ganger 
 and measurer ; Peter Delbrel, searcher of vessels ; Edward 
 Drew, sexton.
 
 454 CITY GOVERNMENT. 
 
 1858. 
 
 THOMAS M. JOSEPH, .Mayor. 
 
 Aldermen : 
 
 James ^lagean, Peter J. Menard, 
 
 W. Shields, D. D. Atchison, 
 
 C. L. Beissner, C. H. Leonard, 
 
 A. P. Liifkin, P. C. Tucker, 
 
 N. Lidstone, J. L. McKeen, 
 
 H. Journeay, Julius Fredericlr. 
 
 John N. Reed, marshal; H. Julfs, assessor and collector; 
 D. Wakelee, Jr., treasurer; John DeYoung, surveyor; Luke 
 A. Falvel, harbor master; Frank Hitchcock, J. L. McClellan 
 and Lewis Parker, port wardens; B. Theron, weigher and 
 gauger; Peter Delbrel, searcher of vessels; Edward Drew, 
 sexton ; Charles E. Thompson, secretary. 
 
 1859. 
 
 THOMAS ^I. JOSEPH, Mayor. 
 
 Aldermen : 
 
 H. Journeay, E. T. Austin, 
 
 Peter J. Menard, John Muller, 
 
 D. D. Atchison. A. S. Ruthven. 
 
 C. H. Leonard, G. W. Beissner, 
 
 P. C. Tucker, William Thompson, 
 
 J. L. McKeen, J. H. Hutchings. 
 
 John N. Reed, marshal; x\llen Cameron, assessor and col- 
 lector; D. Wakelee, Jr., treasurer; James Magean, harbor 
 master ; John DeYoung, surveyor ; Peter Delbrel, searcher of 
 vessels ; Edward Drew, sexton ; Alex. Pitt, inspector and 
 gauger ; Frank Hitchcock, Lewis Parker and Samuel Crow- 
 ley, port wardens ; Charles E. Thompson, secretary.
 
 CITY GOVERNMENT. . 455 
 
 i860. 
 
 THOMAS M. JOSEPH, Mayor. 
 
 Aldermen : 
 
 E. T. Austin, J. C. Kiihn, 
 
 John Mnller, F. H. Merriman, 
 
 A. S. Ruthven, C. H. Leonard, 
 G. W. Beissner, T. A. Wilson, 
 William Thompson, H. B, Andrews, 
 J. H. Hutchings, M. Kimley, 
 
 B. Tiernan, L. Behler, 
 Theodore Wagner. W. Evans. 
 
 John H. Westerlege, marshal ; Allen Cameron, assessor and 
 collector ; Aaron Burns, harbor master ; D. Wakelee, Jr., 
 treasurer; M. C. Lawton, surveyor; B. Magean, searcher of 
 vessels ; F. Peters, sexton ; J. J. Jenny, weigher and ganger ; 
 Frank Hitchcock, Lewis Parker and Luke A. Falvel, port 
 wardens; J. W. Moore, secretary. 
 
 1861. 
 
 THOMAS M. JOSEPH, flavor. 
 
 Aldermen : 
 
 B. Tiernan. Theodore Kleinecke, 
 Theodore Wagner, F. W. Behrman, 
 
 J. C. Kuhn, G. W. Beissner, 
 
 C. H. Leonard, George C. Rains, 
 Medard Menard, E. L. Ufford, 
 
 N. Lidstone, L Dyer, 
 
 H. B. Andrevv^s, L. Behler, 
 
 M. Kimley. 
 John H. Westerlege, marshal ; Allen Cameron, assessor and 
 collector; David Wakelee, Jr., treasurer; Aaron Burns, harbor 
 master; Charles Behling, William H. Prowse and Frank 
 Hitchcock, port wardens ; Tipton Walker, surveyor ; L. An- 
 toine, searcher of vessels ; M. Cahill, sexton ; V. Koenig, 
 weigher and ganger; J. W. Moore, secretary.
 
 456 . CITY GOVERNMENT. 
 
 1862. 
 
 THOMAS AI. JOSEPH, flavor. 
 
 Aldermen : 
 
 Henry B. Andrews, C. L. Behler, 
 
 A. Baldinger, G. W. Beissner, 
 I. Dyer. V. Favrow, 
 
 G. W. Grover. Junker, 
 
 F. M. Kauder, George C. Rains, 
 
 Christopher Fox, S. B. Hurlbiit. 
 
 Theodore Kleinecke, C. A. Kaiiffman, 
 
 B. Tiernan. E. L. Ufiford. 
 
 John FI. Westerlage, marshal ; David Wakelee, treasurer ; 
 R. H. Howard, assessor and collector ; Aaron Burns, harbor 
 master; Paul Helferich, surveyor; J. J. Jenny, weigher and 
 ganger; F. Gillett, searcher of vessels; JVI. Cahill, sexton; 
 Frank Hitchcock, Lewis Parker, W. H. Prowse, port wardens; 
 J. W. Moore, secretary. 
 
 1864. 
 CHARLES H. LEONARD, Mayor. 
 
 Aldermen : 
 Oscar Parish, H. C. L. Aschoff, 
 
 B. Tiernan, J. Cronican, 
 
 C. Jordan, E. H. Seiling, 
 N. Lidstone, F. N. Kauder, 
 H. Reybaud, J. Shackleford, 
 
 J. P. Nash. ' 
 James P. Cole, recorder; David \\'akelee, treasurer; Sidney 
 Scudder, assessor and collector ; J. W. Moore, secretary ; John 
 H. Westerlage, marshal; Nathan Smith, superintendent of 
 streets; M. Cahill, sexton.
 
 CITY GOVERNMENT. 457 
 
 1865. 
 
 CHARLES H. LEONARD, Mayor. 
 
 Aldermen : 
 
 E. Neibor, B. Tiernan. 
 
 E. H. Seiling, L F. W. Ahrens, 
 James P. Nash, J. Cronican, 
 
 C. Jordan, J. Shackleford, 
 
 F. N. Kaiuler, J. Bullacher. 
 
 Sidney Scudder, assessor and collector ; David Wakelee, 
 treasurer ; John H. Westerlage, marshal ; J. S. Beers, clerk ; 
 M. Cahill, sexton; William H. Prowse, searcher of vessels; 
 Andrew \^erberne. bell rinsfer. 
 
 1866. 
 
 CHARLES H. LEONARD, Mayor. 
 
 Aldermen : 
 
 L F. W. Aherns, John Bullacher, 
 
 C. Jordan, E. Neibor, 
 
 H. Reybaud, B. Tiernan, 
 
 J. Cronican, Oscar Parish, 
 
 John Shyenholtz, R. D. Johnson, 
 
 k. L. Ufford, P. H. Carville. 
 
 John H. Westerlage, marshal ; Sidney Scudder, assessor and 
 collector ; David Wakelee, treasurer ; Aaron Burns, harbor 
 master ; James G. Sewell, secretary ; W. Prowse, Lewis Par- 
 ker, J. Foster, port wardens; M. Cahill, sexton; Dr. Dowell, 
 hospital physician; H. Stuart, city printer; J. S. Jones, re- 
 corder; R. H. Howard, citv attornev.
 
 458 CITY GOVERNMENT. 
 
 1867. 
 
 J. C. HA VI LAND, Mayor/^^ 
 
 Aldermen : 
 
 John Bullacher, Oscar Farish, 
 
 C. Jordan, H. keybaud. 
 
 B. Tiernan, R. D. Johnson, 
 
 E. L. Ufford, P. Koehler, • 
 
 N. B. Yard, P. H. Hennessey, 
 
 P. H. Carville. 
 
 Sidney Scudder, assessor and collector ; James G. Sewell, 
 city clerk; John H. Westerlage, marshal; M. Hussey, street 
 commissioner; Aaron Burns, harbor master; M. F. Mott, city 
 attorney ; M. Cahill, sexton ; H. Mnnn, W. Prowse, D. Mc- 
 Clusky, port wardens ; Tipton Walker, city surveyor ; John 
 McDonald, lumber inspector ; Charles L. Buchner, gauger 
 and weigher; Hamilton Stuart, city printer. 
 
 i868t 
 L G. WILLIAMS, Mayor. 
 
 Aldermen : 
 
 N. B. Yard, Oscar Parish, 
 
 P. H. Moser, P. H. Hennessey 
 
 John Bullacher, P. H. Carville, 
 
 H. Reybaud, B. Tiernan, 
 
 C. Jordan, P. Koehler, 
 
 E. L. Ufford. 
 
 James G. Sewell, secretary. 
 
 * Mayor J. C. Havilaiid was removed from office by order of Major- 
 General Griffin, Jime 17, 1867, and I. Ci. Williams appointed to fill the 
 vacancy. 
 
 t The election of officers for 1868 was prohibited by military orders, 
 and vacancies caused by removal or other\\ ise filled by" military appoint- 
 ment.
 
 CITY GOVERNMENT. 
 
 459 
 
 1869. 
 
 JA^IES A. McKEE, flavor. 
 
 Aldermen : 
 F. C. ]\Iosebach, 
 Isaac Aloses, 
 J. W. Allen, 
 Julius Frederich. 
 
 B. Rush Plumly. 
 
 R. Y. Boiling, city clerk ; J. E. Cowan, assessor and col- 
 lector ; Thomas Cromer, marshal; H. J. Labatt, treasurer; 
 R. T. Bilderbeck, weigher and ganger; John H. Gallager, 
 harbor master; John G. Falon, surveyor of lumber and 
 shingles. 
 
 A. Somerville, 
 Edward T. Austin, 
 Selim Rinker, 
 Theodore ^^^agner, 
 
 1870. 
 
 JA^IES A. McKEE, Mayor. 
 
 Aldermen : 
 
 Edward T. Austin. Jesse Stancel, 
 
 Julius Frederich, F. C. Moseback, 
 
 Selim Rinker, N. Patten, 
 
 J. C. Ogle. Sanford Mason, 
 
 B. Rush Plumly, D. AI. Baker, 
 
 Theodore Wagner. Isaac Moses. 
 
 R. Y. Boiling, cit}^ clerk. 
 
 March 6, 1871. 
 
 J A:\IES a. McKEE, Mayor. 
 
 Aldermen : 
 
 Julius Frederich, 
 W. E. Parker. 
 Johnson Reed, 
 D. M. Baker, 
 H. Ballinger, 
 Jesse Stancel, 
 
 T. H. L. Payne, city clerk. 
 
 F. C. Mosebach, 
 J. C. Ogle, 
 Sanford Mason, 
 J. R. T. Haynes, 
 Hamilton Stuart, 
 N. Patten.
 
 460 CITY GOVERNMENT. . 
 
 June 5, 1871. 
 ALBERT SOMERYILLE, Mayor. 
 
 Aldermen : 
 
 Tames M. P.roAvn, Thomas Baker, 
 
 k. Colwell, Julius Frederich. 
 
 M. Kopperl, Wm. E. Parker, 
 
 Henry Rosenberg, Hamilton Stuart, 
 
 John Sealy, J- ?• Cole, 
 
 Nathan Patten, Johnson Reed. 
 
 C. C. Allen, Citv Clerk. 
 
 1872. 
 
 ALBERT SOMERYILLE, Mayor. 
 Aldermen : 
 Thomas Baker, J. M. Brown, 
 
 T. P. Cole, Robert Colwell,* 
 
 Julius Frederich, M. Kopperl, 
 
 M. V. McMahan, N. Patten, 
 
 Johnson Reed, John Sealy, 
 
 Hamilton Stuart, Sidney Scudder,t 
 
 Henry Rosenberg. 
 
 J. C. Ogle, superintendent of streets; C. C. Allen, city clerk; 
 John S. Rhea, recorder ; Luke A. Falvel, harbor master ; A. 
 Hoxie, city engineer; C. S. Sabin, attorney; D. Wakelee, 
 treasurer ; Charles H. Leonard, collector ; J. P. Harrison, as- 
 sessor; Dr. George W. Peete, health physician; Dr. C. Camp- 
 bell, hospital physician; L^ G. Baker, immigration agent; J. 
 Hannay and R. J. Crozier, health inspectors; A. W. Kempton, 
 chief of police ; E. McCormick, deputy chief of police ; John 
 H. Westerlage, chief engineer fire department. 
 
 '" Removed. t Appointed vice Colwell.
 
 CITY GOVERNMENT. 461 
 
 1873- 
 
 C. W. HURLEY, flavor. 
 
 Aldermen : 
 H. Ballinger. C. Jordan, 
 
 J. C. Ogle, J. H. F. Chapman, 
 
 John DeBruehl, Charles Fowler. 
 
 J. W. Jockusch, F. D. Mitchell. 
 
 George Sealy, P. H. Carville, 
 
 T. K. Hawkins, F. C. Mosebach. 
 
 C. C. Allen, city clerk; \\' alter L. Mann, city attorney; D. 
 Wakelee. treasurer; J. P. Harrison, assessor; Charles H. 
 Leonard, collector ; Martin McDermott, superintendent of 
 streets; G. M. Frazell, engineer; Ed Collier, recorder; John 
 H. Westerlage. chief of police ; Dr. George W. Peete, health 
 physician ; Dr. C. Ganahl, hospital physician ; C. Blakeman, 
 harbor master ; David AlcCluskey. AMlliam Green, port war- 
 dens ; M. Cahill. city sexton. 
 
 1874. 
 
 C. W. HURLEY, Mayor. 
 
 Aldermen : 
 C. Jordan, Frank Marlow, 
 
 J. C. Ogle, X. B. DeBray, 
 
 J. W. Jockusch, George Sealy, 
 
 J. H. F. Chapman, Charles Fowler, 
 
 P. H. Hennessy, P. H. Carville, 
 
 T. K. Hawkins, F. C. Mosebach. 
 
 C. C. Allen, city clerk; W. L. Mann, city attorney ; B. AL 
 Hobby, treasurer; F. C. Jeffrey, assessor; C. H. Leonard, col- 
 lector ; T. A. Washington, superintendent of streets, vice 
 Hardy Eddins, resigned; A. Cross, engineer; R. M. Tevis, 
 recorder; John H. Westerlage, chief of police; M. M. Jordan, 
 deputy chief of police; Dr. George W. Peete. health phy- 
 sician: W. H. Prowse, health inspector; Dr. C. Ganahl, hos- 
 pital physician; C. Blakeman, harbor master; Daniel Mc- 
 Cluskey, William Green, W. F. Rogers, port wardens ; M. 
 Coffee, market inspector; John Highland, lumber inspector; 
 U. G. Baker, immigration agent ; M. Cahill, city sexton.
 
 462 CITY GOVERNMENT. 
 
 1875. 
 
 R. L. FULTON, Mayor. 
 
 x\ldermen : 
 C. Jordan, Frank Alarlow, 
 
 Andrew Munn, Felix Halff, 
 
 C. M. ]\Iason,* George Sealy, 
 
 William Boyd, J. H. F. Chapman, 
 
 P.H. Hennessy, P. H. Carville, 
 
 George B. Nichols, Fitzhugh Ward.f 
 
 E. O'C. Mclnerney, city clerk; A. H. Willie, city attorney; 
 B. M. Hobby, treasurer; John N. Stowe, assessor; F. R. Lub- 
 bock, collector; B. Loughrey, superintendent of streets; T. A. 
 Washington, engineer; Leslie Thompson, recorder; John H. 
 Westerlage. chief of police; Dr. Walter F. Blunt,| health 
 physician ; Dr. Clark Campbell, hospital physician ; John Cot- 
 ter, harbor master; William Green, D. xVlcCluskey, W. F. 
 Rogers, port wardens; C. T. McMahan, city sealer; N. Lid- 
 stone, lumber inspector; M. Cahill, city sexton. 
 
 1876. 
 R. L. FULTON, Mayor. 
 
 Aldermen : 
 
 Frank Alarlow, Andrew Munn, 
 
 George A. Hill, Felix Halff, 
 
 C. M. Mason, George Schneider, 
 
 William Boyd. L Dyer,§ 
 
 P. H. Hennessy, P. H. Carville, 
 
 C. B. Lee, George B. Nichols. 
 
 E. O'C. Maclnerney, city clerk; George Mason, city at- 
 torney; N. Weekes, treasurer: C. F. White, assessor; F. R. 
 Lubbock, collector; B. Lougherty. superintendent of streets; 
 T. A. Washington, city engineer; John H. Westerlage, re- 
 corder; Joseph Atkins, chief of police; Dr. W. F. Blunt, health 
 physician ; Dr. C. Campbell, hospital physician ; C. Blakeman, 
 harbor master; M. Cahill, city sexton; David McClusky, Wm. 
 Green, W. F. Rogers, port wardens ; M. A. Davy, chief engi- 
 neer fire department ; Joseph Gonzales, lumber inspector ; 
 Thomas Flourney, citv sealer; B. M. Hobby, city auditor. 
 
 * Elected November 16, 1875, vice J. P. Davie, resip;ned. 
 
 t Elected July 7, 1875, vice F. C. Mosebach, resigned. 
 
 t Elected October 4, 1875, vice George W. Peete, drowned September 
 
 16, 1875. 
 § Resigned August 8, 1876.
 
 CITY GOVERNMENT. 463 
 
 1877. 
 
 D. C. STONE. Mayor. 
 
 Aldermen : 
 
 N. H. Ricker, C. H. Moore, 
 
 Thomas Collins. B. R. Davis, 
 
 F. D. Mitchell, A. M. Campbell, 
 
 Julius Rnng-e, J. H. Hurt, 
 
 J. D. Skinner, James Hickey, 
 
 J. Zeigler, C. E. Richards. 
 
 P. S. Wren, city clerk; F. Charles Hume, city attorney; J. 
 M. O. Menard, treasurer; J. W. Jockusch, assessor; F. R. 
 Lubbock, collector; M. McDermott. overseer of streets; R. ?^!. 
 Tevis, recorder; J. A. Owen, chief of police; Dr. C. H. Wilkin- 
 son, health physician ; Dr. C. Campbell, hospital physician ; J. 
 W. Breedlove. city engineer; C. Blakeman, harbor master; 
 M. A. Davey, chief engineer fire department ; E. McCormick, 
 fire warden; B. M. Hobby, *city auditor; C. G. Clifford, city 
 auditor; D. McCluske}^^ W. F. Rogers, A. Wakelee, port 
 wardens; M. Cahill. city sexton; James Day, city sealer. 
 
 1878. 
 D. C. STONE, Mayor. 
 
 Aldermen : 
 
 Frank Marlow, P. Barry, 
 
 Thomas Collins, B. R. Davis, 
 
 F. D. Mitchell, A. M. Campbell. 
 
 Julius Runge, J. C. Franz, 
 
 J. Wegner, James Hickey,t 
 
 J. Zeigler, C. E. Richards. 
 
 P. S. Wren, city clerk ; George P. Finlay, fcity attorney ; 
 R. V. Davidson, §city attorney; F. Use, city auditor; R. J. 
 John, treasurer; J. M. O. Menard, assessor; R. A. Burney, 
 collector; P. D. Hickey, overseer of streets; M. L. Lynch, city 
 engineer; R. T. Byrne, recorder; M. M. Jordan, chief of police ; 
 Dr. C. Campbell, health and hospital physician ; J. H. Routan, 
 harbor master; John H. Westerlage, chief engineer fire de- 
 partment; E. McCormick, fire warden; J. R. VanLiew, W. F. 
 Rogers, A. Wakelee, port wardens; M. Cahill, city sexton. 
 
 * Resigned August, 1877. § To fill vacancy. t Resigned. 
 
 35—
 
 464 
 
 CITY GOVERNMENT. 
 
 1879. 
 
 CHARLES H. LEONARD, Mayor. 
 
 Aldermen 
 
 Frank Marlow. 
 
 E. E. Crawford. § 
 
 F. D. Mitchell. 
 Julius Runge. 
 D. G. Kelly, 
 R. C. Jennett,f 
 
 P. Barry. 
 B. R. Davis, 
 Thomas Collins, 
 J. C. Franz. 
 T. H. Sweeney. 
 y. Wegner, 
 
 C. E. Richards. 
 
 P. S. Wren, city clerk ; R. V. Davidson, city attorney ; R. 
 J. John, treasurer; George Sealy,ll treasurer; F. Use, city 
 auditor; L Holstein, assessor; R. A. Burney, collector; P. D. 
 Hickney, overseer of streets; A. Hoxie. city engineer; Hugo 
 Brosig, recorder; Joseph Atkins, chief of police; Dr. C. Camp- 
 bell, health physician; J. H. Routan, harbor master; John 
 H. Westerlage. chief engineer fire department ; Peter Merry, 
 fire warden ; Ed. Burnes, A. Wakelee. E. R. Rivers, port 
 wardens; M. Cahill. citv sexton. 
 
 1880. 
 CHARLES H. LEONARD. Mayor. 
 
 Aldermen 
 
 Frank Marlow. 
 
 B. R. Davis. 
 G. H. Mensing, 
 P. Barry, 
 
 A. V. Richard, 
 
 C. M. Pearre. 
 
 John Wegner, 
 T. H. Sweeney, 
 Frank D. Mitchell, 
 
 D. G'. Kelly. 
 
 E. E. Crawford, 
 C. E. Richards. 
 
 P. S. Wren,''' city clerk ; Alexander Easton, assistant city 
 clerk ;t F. Use, auditory R. A. Burney, collector; L Holstein, 
 assessor; R. V. Davidson, city attorney; E. \l. Hartrick, city 
 engineer ; Joseph Atkins, chief of police ; A. M. Campbell, re- 
 corder ; J. H. Routan. harbor master; George Sealy, treasurer; 
 M. Cahill, city sexton ; John Williams, overseer of streets ; 
 E. AlcCormick, fire warden ; Thos. Peacock. W. F. Rogers, 
 Gus Wakelee, port wardens. 
 
 § Elected December 15, 1879, to lill vacancy. || Elected June, 1879. 
 * Resigned November, 1880. " t Resigned. 
 
 $ Resigned and elected clerk November 22. and Richard H. Tiernan 
 elected auditor November 22, 1880, to fill vacancv.
 
 CITY GOVERNMENT. 
 
 465 
 
 I88I. 
 
 L. C. FISHER. Mavor. 
 
 Ald( 
 
 Frank Marlow, 
 I. Heffron, 
 T. H. Sweeney, 
 John A. Cotter. 
 E. E. Crawford, 
 Joe Levi, 
 
 H. W. Jaeger. 
 G. H. Mensing, 
 Pat Barry, 
 A. V. Pichard, 
 C. M. Pearre, 
 John Wegner. 
 
 F. Use, city clerk; P. Walker, assistant city clerk; J. Liber- 
 man, assessor, resigned April 18, 1881, Thomas Gilbert elected 
 to fill vacancy; F. H. McMahan, collector; George Sealy, 
 treasurer; R. V. Davidson, attorney; A. M. Campbell, re- 
 corder; Joseph Atkins, chief of police ; R. H. Tiernan, auditor; 
 J. H. Routan, harbor master; W. F. Rogers, Thomas Peacock, 
 A. Wakelee, port wardens ; E. M. Hartrick. engineer ; John 
 Williams, overseer of streets ; William MoiTat, fire warden ; 
 M. Cahill, sexton. 
 
 1882. 
 
 L. C. FISHER, Mayor. 
 
 Aldermen 
 
 Frank Marlow. 
 I. Heffron, 
 C. C. Allen, 
 T. H. Sweeney, 
 Pat Barry. 
 John A. Cotter. 
 
 Ed. Ketchum, 
 E. E. Crawford, § 
 C. M. Pearre,! 
 Joe Levi. 
 John Wegner, 
 H. W. Yeager. 
 
 F. Use, clerk; Joseph F. Nash, assistant clerk; Thomas Gil- 
 bert, assessor; V. H. McMahan, collector; Joseph Atkins, 
 chief of police; James B. Stubbs, city attorney; D. G. Kelly, 
 recorder; E. M. Hartrick, engineer; George Sealy, treasurer; 
 R. H. Tiernan, auditor;* J. H. Routan, harbor master; W. F. 
 Rogers, Thomas Peacock, A. Wakelee, W. J. Smith, port 
 wardens ; M. Cahill, sexton ; John Williams, overseer '.)f 
 streets; William Moffat, fire warden; T. Morgan, janitor. t 
 
 '^ Resigned and J. W. Jockusch elected to fill vacancy. 
 
 t Died, and John Czeske elected to fill vacancy. 
 
 t Resigned October 2d, 1882, and Ed. Knowles elected October 
 
 1882, to Mil the vacancy. 
 § Resigned May 3d. 1882, and W. H. Nichols elected June 5th, 188:5, to 
 
 fill the vacancy. 
 
 Kith,
 
 466 
 
 CITY GOVERNMENT. 
 
 1883. 
 
 R. L. FULTON, Mayor. 
 
 Aldermen : 
 
 Frank Marlow, Ed. Ketchuni, 
 
 I. Heffron, T. A. Washington, 
 
 C. C. Allen, ' Ed. Knowles, 
 
 Louis Falkinthal, Joe Levy, 
 
 Pat Barry, John Wegner, 
 
 John A. Cotter,* N. W. Cuney. 
 
 C. T. McMahan, city clerk, resigned August, 1883, and D. 
 J. Buckley appointed August i, 1883; J. T. Owen, assistant 
 clerk; Gus McKernon, chief of police ;t James B. Stubbs, city 
 attorney; L. C. Fisher, collector; J. S. Vedder, assessor; Sid- 
 ney T. Fountaine, recorder; E. M. Hartrick, engineer; L. 
 Eldridge, overseer of streets ; Dr. Wm. Penny, health in- 
 spector; Thomas Chubb, harbor master; J. R. Van Liew, 
 Thomas Peacock, W. J. Smith, J. Cohn, port warden.-*; Joh'^ 
 F. Behrman, auditor, resigned September 4, and F. T. 
 L'Estrange was elected September 8, 1883, to fill the vacancy; 
 Wm. Oldenburg, fire warden ; Wm. Moflfat, chief engnieer 
 fire department; M. Cahill, city sexton. 
 
 * Resigned April 16, 1883, and Frank D. Mitchell elected June 13, 1883, 
 
 to fill vacancy. 
 t Resigned April 23, 1883, and M. M. Jordan appointed to fill vacancy.
 
 CITY GOVERNMENT, 467 
 
 1884-5. 
 
 R. L. FULTON, Mayor. 
 
 Aldermen : 
 
 N. W. Cuney, F. D. Mitchell, 
 
 D. Fahey, A. J. Musgrove, 
 
 L. Falkenthal, J. D. Sherwood, 
 
 I. Heffron, A. D. Smith, 
 
 John Grothgar, J. H. Washington. 
 
 J. Levy, John Wegner. 
 
 D. J. Buckley, city clerk; J. T. Owen, assistant clerk; 'SI. M. 
 Jordan, chief of police ; James B. Stubbs, city attorney ; L. C. 
 Fisher, collector;^ J. S. Vedder, assessor; S. T. Fontaine, re- 
 corder; E. AL Hartrick, city engineer; L. Eldridge, overseer 
 of streets ; Dr. Wm. Penny, health physician ; Thos. Chubb, 
 harbor master; J. R. Van Liew, Thomas Peacock, W. J. Smith, 
 J. Cohn, port wardens; F. T. D'Estrange, auditor; Wm. Ol- 
 denburg, fire warden ;§ Wm. Mofifat, chief engineer fire de- 
 partment ;|| M. Cahill, city sexton; Julius Runge, city treas- 
 urer ; T. D. Gilbert, assistant collector. 
 
 t Resigned January 5, 1885, John A. McCoi mick elected to fill vacancy. 
 § Resigned February 2, 1885, J. F. Burk elected to fill vacancy. 
 II Wm. Oldenburg elected chief engineer fii"e department in January. 
 1885.
 
 468 
 
 CITY GOVERNMENT. 
 
 1885-6. 
 
 R. L. FULTON. Mayor.* 
 
 /\ldermen : 
 J. M. O. Menard, E. A. Smith.t 
 
 H. Rosenberg, Dr. J. L. Large, 
 
 Jas. D. Sherwood, 
 Geo. Schneider, Sr., 
 James McDonald, 
 N. W. Cunev.t 
 
 Albert Weis, 
 J. G. Goldthwaite, 
 Chas. Fowler, Sr., 
 C. B. Lee, 
 
 D. J. Buckley, city clerk ;§ G. B. Settle, assistant clerk ; F. T. 
 L'Estrange, auditor; J. S. Vedder, assessor; Jno. A. McCor- 
 mick, collector; H. F. Christian, assistant collector; Julius 
 Runge, treasurer ; Geo. P. Finlay, attorney ; Thos. Chubb, har- 
 bor master; H. T. Wilson, engineer; M. M. Jordan, chief of 
 police ;|| S. T. Fontaine, recorder; J. W. Jockusch, purchasing 
 agent; Thos. S. Kendall, fire warden;^ M. R. Brown, health 
 physician;! Samuel Gallway, city sexton; F. Boddeker, janitor 
 and messenger; T. C. Armstrong. C. W. Preston and Chas. 
 Vidor, board of appraisement; W. P. Manning, W. B. Hutch- 
 ings and A. B. Everett, port wardens; Wm. Oldenburg, chief 
 engineer fire department ; H. L. Matthews, assistant engineer 
 fire department. 
 
 * Election April 6, 1885, J. Atkins was elected mayor. New election or 
 dered for May 11, 1885, and R. L. Fulton elected mayor. 
 
 t Resigned December 7, 1885, and W. J. Hughes elected to fill vacancy. 
 
 j C. J. Allen declared elected 1885; N. W. Cuney declared elected April 
 29,1885. 
 
 ^ J. W. Kelley appointed city clerk May 5, 1885, D. J. Buckley re-ap- 
 pointed May 21, 1885. 
 
 II Gus McKernon appointed chief of police April 16, 1885, M. M. Jordan 
 re-appointed May 21, 1885. 
 
 T[ Office abolished by ordinance approved September 23, 1885. 
 
 t Eesigned October 19, 1885, H. P. Cooke elected November 16, 1885, to 
 fill vacancy.
 
 CITY GOVERNMENT. 4^9 
 
 1886-7. 
 
 R. L. FULTON. Mayor. 
 
 Aldermen : 
 
 J. M. O. Menard, W. J. Hughes, 
 
 H. Rosenberg, D. J. L. Large, 
 
 Alb. Weis, ■ J. D. Sherwood. 
 
 J. G. Goldthwaite. Geo. Schneider, Sr., 
 
 Chas. Fowler, Sr.. Jas. McDonald. 
 
 C. B. Lee, N. W. Cnney. 
 
 D. J. Buckley, city clerk; G. B. Settle, assistant clerk; F. T. 
 L'Estrange, auditor ;f J. S. Vedder, assessor; John A. McCor- 
 mick, collector; H. F. Christian, assistant collector; Julius 
 Runge. treasurer; Geo. P. Finlay, city attorney; Thos. Chubb, 
 harbor master; H. T. Wilson, engineer; M. M. Jordan, chief 
 of police; S. T. Fontaine, recorder; J. W. Jockusch, purchasing 
 agent ; H. P. Cooke, health physician ; Samuel Gallway, city 
 sexton ;:|: F. Boddeker. janitor and messenger; E. Ketchum, H. 
 Bautsch and C. E. Richards, board of appraisement ; W. P. 
 Manning, W. B. Hutchings and A. B. Everett, port wardens; 
 Wm. Oldenburg, chief engineer fire department ; H. L. Mat- 
 thews, assistant engineer fire department. 
 
 t Resigned May 3, 1886; Wm. Selkirk elected May 17. 1886, to fill vacancy. 
 j Died; aud John Schwab elected May 17, 1886, to fill vacancy.
 
 470 
 
 CITY GOVERNMENT. 
 
 1887-8. 
 
 R. L. FULTON, Alayor. 
 
 Alderman : 
 
 E. H. Fordtran, A. Heiman, 
 
 J. Reymershoffer, C. M. Hausinger, 
 
 W. S. Griffin, M. Ullmann, 
 
 R. W. Shaw, C. ^1. Mason, 
 
 Charles Fowler, Sr., James McDonald, 
 
 C. B. Lee, C. J. Allen. 
 
 D. J. Buckley, city clerk ; B. P. Knoll, assistant clerk ; Wm. 
 Selkirk, auditor; J. S. Vedder, assessor; John A. McCormick, 
 collector; John T. Owen, assistant collector; Julius Runge, 
 treasurer ; Geo. P. Finlay, city attorney ; Thos. Chubb, harbor 
 master; H. T. Wilson, engineer; M. M. Jordan, chief of police; 
 S. T. Fontaine, recorder; J. W. Jockusch, purchasing agent ; H. 
 P. Cooke, health physician; J. W. Shimmins, city sexton; F. 
 Boddeker, janitor and messenger; E. Ketchum, H. Bautsch and 
 L Lovenberg, board of appraisement ; W. P. Manning, W. B. 
 Hutchings and A. B. Everett, port wardens; Wm. Oldenburg, 
 chief engineer fire department; Miles Crowley, assistant engi- 
 neer fire department ; Albert Weis, J. M. Brown, W. F. Beers, 
 J. A. Cotter and N. W. Cuney, board of commissioners of 
 waterworks ; Daniel J. Buckley, secretarj- pro tem.
 
 CITY GOVERNMENT. 
 
 471 
 
 1888-9. 
 
 R. L. FULTON, Mayor. 
 
 Aldermen : 
 
 E. H. Fordtran, A. Heiman, 
 
 R. Reymershoffer, C. M. Hausinger, 
 
 W. S. Griffin, M. Ullmann, 
 
 R. W. bhaw, C. ^I. Mason, 
 
 Chas. Fowler, Sr., Jas. McDonald, 
 
 C. B. Lee, C. J. Allen. 
 
 D. J. Buckley, city clerk; B. P. Knoll, assistant clerk; Wm. 
 Selkirk, auditor; J. S. Vedder, assessor; John A. McCormick, 
 collector ; John T. Owen, assistant collector ; Julius Runge, 
 treasurer; Geo. P. Finlay, city attorney; Thos. Chubb, harbor 
 master; H. T. Wilson, engineer; M. M. Jordan, chief of police; 
 J. W. Jockusch, purchasing agent ; H. P. P. Cooke, health phy- 
 sician ; Jno. W. Shimmins, city sexton; F. Boddeker, janitor 
 and messenger; E. Ketchum, H. Bautsch and L Lovenberg, 
 board of appraisement ; W. P. Manning, W. B. Hutchings and 
 A. B. Everett, port wardens; Wm. Oldenburg, chief engineer 
 fire department; Miles Crowley, assistant engineer fire depart- 
 ment; Alb. Weis, J. M. Brown, W. F. Beers, N. W. Cuney 
 and Wm. Crooks, board of commissioners of waterworks ; 
 Jno. A. Cotter, superintendent; E)aniel J. Buckley, secretary 
 pro tem.
 
 472 
 
 CITY GOVERNMENT. 
 
 1889-90. 
 
 R. L. FULTON, Mayor. 
 
 Aldermen : 
 
 Chas. Clarke, T. W. Jackson, 
 
 J. Reymershofifer, C. M. Hausinger, 
 
 W. S. Griffin. M. Ullmann, 
 
 R. W. Shaw, C. M. Mason, 
 
 Chas. Fowler, Sr., John Wegner. 
 
 C. B. Lee, C. J. Allen. 
 
 D. J. Buckley, city clerk; E. O. Mclnerney, collector; J. D. 
 Sherwood, assessor; Julius Runge, treasurer; Thos. Chubb, 
 harbor master; Wm. Selkirk, auditor; H. T. Wilson, city engi- 
 neer; H. P. Cooke, health physician ; J. W. Jockusch, purchas- 
 ing agent ; A. R. G. Edwards, sexton ; F. W. Chase, W. P. 
 Manning, A. B. Everett, port wardens; Wm. Oldenburg, chief 
 fire department; Miles Crowley, assistant chief fire depart- 
 ment; Samuel W. Jones, city attorney; Jerry Lorden, chief of 
 police. 
 
 1890-91. 
 R: L. FULTON, Mayor. 
 
 Aldermen : 
 
 Chas. Clarke, 
 J. Reymershoffer, 
 W. S. Griffin, 
 R. W. Shaw, 
 Chas. Fowler, Sr., 
 C. B. Lee, 
 
 T. W. Jackson, 
 Pierce Levine,* 
 M. Ullmann, 
 C. M. Mason, 
 John Wegner, 
 -C. J. Allen. 
 
 * Elected to fill vacancy of C. M Hausing, deceased. 
 City officers were same as for preceding year.
 
 CITY GOVERNMENT. 
 
 473 
 
 1891-92. 
 
 R. L. FULTON, Mayor. 
 Aldermen : 
 
 1st ward — Wm. Andrews. 
 2d ward — T. J. Gallagher. 
 3rd ward — Thos. Goggan. 
 4th ward — J. H. Bolton. 
 5th ward — P. Walsh. 
 6th ward — Thos. H. Nolan. 
 
 Tth ward — P. N. Harris. 
 8th ward — P. Levine. 
 9th ward — L. Schmidt, 
 loth ward — B. Levy, 
 nth ward — John Wegner. 
 1 2th ward — C. T- Allen. 
 
 Aldermen at Large : 
 J. Reymershoffer, C. F. Kaiser, 
 
 Chas. Fowler, Jos. E. Mason. 
 
 D. J. Buckley, city clerk; W. R. Fulton, assistant clerk; R. 
 H. Tiernan, auditor ; J. D. Sherwood, assessor ; E. O. C. 
 Mclnerney, collector ; E. McCarthy, treasurer ; H. W. 
 Rhodes, city attorney; Jas. McDonald, harbor master; H. T. 
 Wilson, city engineer; M. M. Jordan, chief of police; J. Med- 
 ley, deputy chief of police; F. W. Fickett, recorder; J. W 
 Jockusch, purchasing agent; C. Campbell, health physician 
 Jas. Daley, sexton ; M. W. Shaw, H. Bautsch, H. Devlin, board 
 of appraisement ; F. W. Chase, W. P. Manning, A. B.. Everett 
 port wardens ; E. Wegner, chief engineer of fire department 
 J. Gernaud, assistant engineer ; A. S. Newson, Geo. Schneider 
 Jr., W"m. Reppen. R. Hayes, J. C. Smith, board of commis 
 sioners waterworks ; Thos. Doyle, D. Freeman. Chas. Vidor 
 T. C. Thompson, H. T. Wilson, board of commissioners of 
 public works ; Wm. Oldenburg, superintendent waterworks 
 D. J. Buckley, secretary water commissioners ; Geo. Sealy 
 Ben Levy, J. Reymershofifer, T. C. Thompson, C. Campbell 
 John Sealy hospital board.
 
 474 CITY GOVERNMENT. 
 
 1892-93. 
 
 R. L. FULTON, Mayor. 
 Aldermen : 
 1st ward — A. H. Boysen/'= 7th ward — P. X. Harris. 
 
 2d ward — T. J. Gallagher. 8th ward — P. Devine. 
 
 3d ward — Thos. Goggan. 9th ward — L. Schmidt. 
 
 4th ward — J. H. Bolton. loth ward — B. Levy. 
 
 5th ward — P.Walsh. nth ward — John Wegner. 
 
 6th ward — Hy. Jacques. f 12th ward — P. Schreiber.t 
 
 Aldermen at Large. 
 J. Reymershoffer, C. F. Kaiser, 
 
 C. Fowler, Jos. E. Mason. 
 
 City officers same as 1891-92, except T. D. Gilbert, collector, 
 elected in place of E. O'C. Mclnerney, deceased ;. and Leon 
 Blum, A. W. Fly and R. V. Davidson, elected as members of 
 board of commissioners of public works, in place of C. Vidor, 
 D. Freeman and T. C. Thompson, resigned. 
 
 1893-94. 
 
 A. W. FLY, ^layor. 
 Aldermen : 
 1st ward — A. H. Boysen. 7th ward — T. A\'. Jackson. 
 
 2d ward — Thos. Gallagher. 8th ward — C. J. Williams. 
 3d ward — Wm. Reppen. 9th ward — Jas. Spillane. 
 
 4th ward — R. Webber. loth ward — Ben Levy. 
 
 5th ward — Freese Baudenon. nth ward — John Wegner. 
 6th ward — Hy. Jacques • 12th ward — P. Schreiber. 
 
 Aldermen at Large. 
 Paul Gruetzmacher, D. B. Henderson, 
 
 P. S. Wren, P. N. Harris. 
 
 Ed. Marrast, city clerk ; T. J. Ballinger, city attorney ; E. 
 McCarthy, treasurer; R. C. Jennett, assessor; T. D. Gilbert. 
 
 * Elected in place of Wm. Andrews deceased. 
 t Elected in place of T. H. Nolan, resigned. 
 t Elected in place of C. J. Allen, resigned.
 
 CITY GOVERNMENT. 475 
 
 collector; W. L. Hallonqnest, city engineer; Marsene Johnson, 
 recorder; Jerry Lordan, chief of police; H. Boyd, deputy chief 
 of police ; W. C. Fisher, health physician ; J. P. Hendrick, su- 
 perintendent Sealy hospital; Jas. McDonald, harbor master; 
 Matt. Cofifey, A. C. Chester, A. D. Smith, port wardens; Jas. 
 Daley, city sexton. 
 
 1895. 
 
 A. W. FLY, Mayor. 
 
 Aldermen : 
 I St ward — C. H. Hughes. 7th ward — Jno. A. Harrington. 
 
 2d ward — Gus Reymershoffer. 8th ward — -Frank Jones. 
 3d ward — W. C. Ogilvy. 9th ward — -A. Ferrier. 
 
 4th ward — Robt. Webber. loth ward — J. C. Borden. 
 
 5th ward— L. F. Cleary, nth ward — J. D. Skinner. 
 
 6th ward — A. P. Norman. 12th ward — H. A. West. 
 
 Thos. J. Ballinger, city attorney, resigned November i8th, 
 1895; R. Waverley Smith elected November i8th, 1895; Theo. 
 K. Thompson, auditor ; Ira E. Collins, collector ; R. C. Jennett, 
 assessor; John E. Chubb, harbor master; John Dwyer, sexton; 
 B. M. Temple, city engineer; Dr. W. C. Fisher, health physi- 
 cian; Ed. McCarthy, treasurer; Jas. Spillane, purchasing 
 agent; E. K. Marrast, city clerk, resigned July 15th, 1895; G. 
 Bowden Settle, city clerk, elected July 15th, 1895; Marsene 
 Johnson, recorder. Commissioners of Public Works — Leon 
 Blum, John N. Stowe, L. A. Grelling, Joe Levy. Board of 
 Appraisers — Henry Bautsch, Jas. S. Montgomery, John W. 
 Riddell. Directors of Galveston Wharf Co. — C. H. Hughes, 
 W. C. Ogilvy. Fire Commissioners — Gustav Reymershoffer, 
 Frank Jones, J. D. Skinner, John A. Harrington.
 
 476 CITY GOVERNMENT. 
 
 1897. 
 
 A. W. FLY, Mayor. 
 
 Aldermen : 
 
 ist ward — C. H. Hughes. 7th ward — J. B. Aguilo. 
 
 2d ward — W. F. Stewart. 8th ward — Frank Jones. 
 
 3d ward — Thomas Goggan. 9th ward — C. Van Sickle. 
 
 4th ward — Pat Barry. loth ward — J. C. Borden. 
 
 5th ward — J. B. Baudenon. nth ward — J. D. Skinner. 
 
 6th ward — D. S. Davidson. 12th ward — H. A. West. 
 
 R. Waverley Smith, city attorney; Theo. K. Thompson, au- 
 ditor; Ira E. Collins, collector; C. W. Preston, assessor; John 
 E. Chubb, harbor master; Dr. W. C. Fisher, health physician; 
 James Daley, sexton ; R. H. Peek, city engineer ; A. Ferrier, 
 comptroller ; Ed. McCarthy, treasurer ; G. Bowden Settle, city 
 clerk; M. C. McLemore, recorder. Board of Public Works — 
 Leon Blum, L. A. Grelling, Joe Levy, J. N. Stowe. Water 
 Commissioners — H. C. Lange, C. B. Lee, C. H. Moore, J. C. 
 Borden, C. H. Hughes, W. F. Stewart. Directors Galveston 
 Wharf Co. — C. H. Hughes, J. D. Skinner. Fire Commission- 
 ers — C. H. Hughes, Thomas Goggan, J. B. Aguilo, J. C. Bor- 
 den. 
 
 I
 
 CETY GOVERNMENT. 477 
 
 1899. 
 
 WALTER C. JONES, Mayor. 
 Aldermen : 
 I St ward — C. H. Hughes. 7th ward — David Wilson. 
 
 2d ward — W. F. Stewart. 8th ward — A. Bornefeld. 
 
 3d ward — Robt. Webber. 9th ward — F. M. Gilbongh. 
 
 4th ward — Pat Barry loth ward — Ben Levy. 
 
 5th ward — C. H. AlcMaster, nth ward — John Wegner. 
 6th ward— George Stenzel. 12th ward — Peter Schreiber. 
 
 R. Waverley Smith, city attorney, resigned August 9th, 1899; 
 Jas. B. Stubbs, city attorney, elected September 5th, 1899; 
 Theo. K. Thompson, auditor; Ira E. Collins, collector; C. W^ 
 Preston, assessor; Thomas H. Sweeney, harbor master; Dr. C. 
 H. AVilkinson, health physician ; James Daley, sexton ; R. H. 
 Peek, city engineer; Henry Ollie, comptroller; L H. Kempner, 
 treasurer; Geo. Q. McCracken, city clerk; Noah Allen, re- 
 corder. A\'ater Commissioners — H. C. Lange. F. Cannon. 
 Board of Public Works — Joseph Levy, Jno. N. Stowe, Jens 
 Moller, John Reymershoffer. Fire Commissioners — W. F. 
 Stewart, Robt. Webber, David Wilson, F. M. Gilbough.
 
 478 CITY GOVERNMENT. 
 
 1901-1902. 
 
 BOARD OF COMMISSIONERS. 
 
 WILLIAM T. AUSTIN, President. 
 
 Elected Commissioner September loth, 1901 ; qualified Sep- 
 tember i6th, 1901 ; resigned September i6th, 1901 ; appointed 
 President September i6th, 1901 ; qualified September i8th, 
 1901. 
 
 I. H. Kempner, Commissioner, appointed September i6th, 
 1901 ; designated Commissioner of Finance and Revenue, Sep- 
 tember i8th, 1901. 
 
 H. C.Lange, Commissioner, appointed September i6th,i90i ; 
 designated Water Works and Sewerage Commissioner, Sep- 
 tember i8th, 1901. 
 
 A. P. Norman, Commissioner, elected September loth, 1901 ; 
 designated Police and Fire Commissioner, September 18th, 
 1901. 
 
 V. E. Austin, Commissioner, appointed September i6th, 
 1901 ; designated Commissioner of Streets and Public Im- 
 provements, September i8th, 1901. 
 
 OFFICERS. 
 
 Charles F. J. Artz, secretary, appointed September i8th, 
 1901 ; J. Z. H. Scott, attorney, appointed September 24th, 1901 ; 
 T. J. Groce, treasurer, appointed September 24th, 1901 ; A. Fer- 
 rier, auditor, appointed September 24th, 1901 ; Alex Easton, 
 assessor and collector of taxes, appointed September 24th, 
 1901 ; C. W. Trueheart, health physician, appointed October 
 15th, 1901 ; M. H. Royston, recorder, appointed September 
 24th, 1901 ; C. A. Sias, engineer, appointed October ist, 1901 ; 
 A. S. Drewry, superintendent water works, appointed Septem- 
 ber 24th, 1901 ; John T. Rowan, chief of police, appointed Sep- 
 tember 24th, 1901 ; J. H. Gernand, chief fire department, ap- 
 pointed September 24th, 1901 ; T. H. Sweeny, harbor master, 
 appointed September 24th, 1901 ; James Daley, sexton, ap- 
 pointed September 24th, 1901 ; Ben Dolson, Sr., T. L. Cross, 
 J. H. Benson, port wardens, appointed SeptembeR.24lh, 1901.
 
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