Council Proceedings: April 19, 1901

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THOS. J. POWELL, MAYOR City of Fort Worth Mayor's Office Fort Worth, Texas.

To the City Council

Gentlemen

I herewith submit the following list of standing committees, for the ensuing year subject to any change that may be deemed advisable hereafter.

√ Finance Com Newby Henderson Moreland
√ Judiciary " Orrick Moreland Tucker
√ Purchasing " Lehane Tucker Moreland
√ Police " Wood Waggoman Moreland
√ Fire " Murray Ward Tucker
√ Pub Buildings " Waggoman Ward Lehane
√ " Schools " Moreland Newby Waggoman
√ Claims " Moreland Tucker Orrick
√ [Railway?] & Elect Eng " Henderson Orrick Waggoman
√ [Printing?] " Orrick Tucker Moreland Henderson
√ Pub Health " Murray Henderson Ward
√ Hos & Paupers Tucker Orrick Murray Henderson
√ Water Works Lehane Ward Murray
√ Streets & Alleys Waggoman Moreland Newby
√ Pub Grounds Tucker Orrick Henderson
√ Sewers Henderson Newby Murray
Respty Submitted T. J. Powell Mayor
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FILED 4/19 1901 Jno T. Montgomery CITY SECRETARY

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WILLIAM D. WILLIAMS WILLIAM J. BAILEY

WILLIAMS & BAILEY, COUNSELLORS AND ATTORNEYS AT LAW, BELL BUILDING, FORT WORTH, TEXAS.

April 18, 1901

The Honorable, the Mayor and City Council, Fort Worth, Texas.

Gentlemen:-

In the matter of the suit between the City of Fort Worth and F. S. Boulware, Guardian, to determine the priority of the city tax lien as against Boulware's landlord's lien upon part of the T. W. Lake stock of hardware etc., I have to report.

The case was adjudged against the City in trial court, Judge W. D. Harris presiding, and, as important questions were involved upon which it was very necessary that the law should be settled, I advised an appeal which was taken.

On the 13th of April, 1901, the Court of Civil Appeals, at Fort Worth, delived its opinion, affirming the judgment of the trial court. The opinion decides only one of the questions that arose in the x case, the court holding that, since the taxes claimed were long past due and the City Collector had not be diligent in enforcing payment, but had suffered the taxes to go unpaid while the goods in stock were undergoing constant changes and new goods not subject to the lien were brought in and mixed with the old goods which were subject, the City, being unable to clearly distinguish between the new and the old goods, had no lien capable of enforcement.

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WILLIAM D. WILLIAMS WILLIAM J. BAILEY

WILLIAMS & BAILEY, COUNSELLORS AND ATTORNEYS AT LAW, BELL BUILDING, FORT WORTH, TEXAS.

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I recognize the unwillingness of the judges composing our courts to enforce a municipal tax lien under circumstances which seem to them to be clearly equitable. Yet, it was my belief the law was in favor of the City and I expected a different result.

A writ of error to the Supreme Court can be applied for, but as the findings of fact in the Court of Appeals are adverse to the City, it is not probable the judgment will be reversed.

I have to request the instructions of the council and am,

Very respectfully,

Wm. D. Williams City Attorney

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City Atty Report

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FILED 4/18 1901 Jno T. Montgomery CITY SECRETARY

Last edit over 2 years ago by Harpwench
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