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To the Honorable Mayor and City Council.
Gentlemen:
On Monday of last week I tried the case of City vs Mike Mansfield and the jury found for the defendant. Under the charge of the court they could not have found consistently any other way, the court charging the jury in substance that in order to recover the city must have claimed the street in controversy as a street for the full period of limitation, to-wit ten years.
This view of the law is entirely at variance with mine, and is one which for the interest of the city, in my opinion, must be settled. I have filed motion for new trial and have hopes that the same may be granted, but in case it should not, it is just as necessary that this case be taken to the upper court as it was that the Cetti case be taken there, for notwithstanding the holding in the Cetti case, which in my opinion involves the question here raised, the court still contended that the city itself as distinguished from the public must claim the street as a public street. Of course, in this particular case it was impossible for us to show directly that the city itself had claimed the street as a street for ten years, and unless the claim of the public in that regard is sufficient we cannot recover it. I feel quite confident that an appeal in this case, if the motion for new trial is not granted, that we will reverse the decision of the lower court.
Respectfully submitted,
E.C. Orrick City Atty
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J.H.MADDOX CHIEF
L.E.DAY ASST.CHIEF
Police Department CITY OF FORT WORTH
FORT WORTH, TEXAS, Nov 20th, 1905. 190_____
Hon. Mayor an City Council Police Committee
Gentlemen:-
I herewith submit the following appointments and changes in the police department for your confirmation:
J.R. Dodd appointed regular patrolman, vice T.B.George resigned. William Deering appointed first extra, vice Dodd promoted. Walter. Wallace appointed second extra, vice Deering promoted. W.J.Williams is appointed third extra, vice Wallace promoted. W.C. Head as special officer at the Majestic Theater without pay from the city. BIll Roberts as special officer in the T. & P. Yards without pay from the city. E.H. Hall as special officer for the G.C. & S. Fe Ry of this city without pay from city. Also have appointed Mr Henry.T.Compton as special officer at the store of L.G.Gilbert, 14th and Main Sts, and J.J.Holland as special officer at the Fort Worth Dumping Grounds both with pay
I trust these appointments will meet with your favorable consideration.
Your very truly,
J.H. Maddox Chief of Police.
We the police committee approve the above appointments & recommend that the same be approved by the city council
Jake F Zurn WR Parker Zurn
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J.H.MADDOX CHIEF
L.E.DAY ASST.CHIEF
Police Department CITY OF FORT WORTH
FORT WORTH, TEXAS, Nov 16th, 05. 190_____
Capt. J. H. Maddox, Chief of Police.
Dear Sir:-
I herewith tender you my resignation as a member of the police department, to take effect Nov 20th. 05. which I trust you will accept.
In tendering you my resignation, I do it only to accept a more lucrative position, and to better myself financialy.
I want to thank you and the police committee for courtecies extended me and at any time I can be of service to you or any of the department, I will expect you to command me.
Yours very truly, J.B. George
City Policeman.