and merchandise, occupations and professions; to license wholesale and retail liquor dealers, grocers, apothecaries, inn keepers, boarding houses, brokers, bankers, dealers in exchange, commission merchants, breweries, bakers, and beer saloons, restaurants and eating houses, carts, drays, wagons, omnibuses, carriages, livery stables, hawkers, peddlers, showmen, theatres, circuses, concerts, beer gardens, auctioneers and vendors of goods by sample; and to collect such license tax, in the mode prescribed by their own ordinances, and through their own officers, when not inconsistent with the Constitution and laws of the State; to regulate the use of the streets, alleys, highways, roads, squares and public places, by footmen, horsemen, vehicles, railways and locomotives; to regulate the use of the sidewalks; to prevent encroachments upon and obstructions to the streets, sidewalks, highways and public places in said corporation; to regulate, open and extend the streets and alleys to the corporate limits of said city; to regulate the laying of gas and water pipes, and the fixing of gas lights; to regulate and prevent the throwing of ashes, filth and offal, dirt or garbage, on the streets or sidewalks; to regulate and prevent animals from running at large, or being ridden, driven or led through said city; to regulate the grading, cleaning and construction of streets, alleys, gutters, sidewalks and ditches; to regulate the erection, use and continuance of slaughter houses; to regulate, define and control the rights, duties and privileges of the city police, in respect to other officers of the peace, and other persons, and in maintaining peace, good order and preserving and protecting the rights of persons and property; to make and enforce ordinances against street-walkers, beggars, mendicants and vagrants; to regulate and control the use of fire-arms, fire-crackers, torpedoes, nigger-shooters, &c.; to regulate and control the storage of gunpowder and other explosive substances; to punish and prevent quarreling, fighting, and the use of obscene, vulgar and profane language in the streets and public places, or places of amusement; to regulate and control the business of bone boiling or grinding, meat packing, soap making, or other occupations injurious to health or comfort, and the removal, keeping and deposit of manure, filth, garbage or offal; to prevent indecent exposures of the person, or the exhibition of obscene prints and pictures; to pass and

enforce ordinances against disorderly houses, assignation houses, bawdy houses, gaming houses, and for the arrest of their inmates and frequenters; for the construction of market houses and markets, and to regulate and control the use of the same; for the prevention and extinguishment of fires, and the formation of a fire department, its regulation and maintenance; to assess and collect taxes on the owners and occupants of lots, for the grading, filling up and repairing the sidewalks and streets adjacent to such lots, and to make such assessment a lien on such lot, and enforce payment of the same; to affix penalties for violations of any ordinance, and to prescribe the manner of collecting or enforcing the same; to provide for the inspection, weighing or measuring of any fire-wood, hay, cotton, corn, potatoes, lumber, coal, or other articles of trafic, and to enforce the keeping of correct weights and measures by vendors; to prescribe the rules of proceeding in their own body when in session; to make and enforce ordinances for the preservation of public order and for keeping the peace; to prescribe the manner of pro.ceeding in contested elections for city officers; to employ legal council to advise the common council, and to prosecute criminal cases, and to institute suits for or defend suits against said city; to employ a city surveyor and adequate police force and night watchmen; to punish offenders by imprisonment for a time not to exceed sixty days; to sell or dispose of any real or personal property belonging to said city; to use the funds of said city in aiding railroads coming to said city; to build bridges over streams adjacent to said city, for the use of the public; to erect market houses, a city hall, and houses of correction, hospitals, and such other public buildings as may be necessary or useful to the inhabitants of said city, and to regulate and control the same; and to issue city bonds in aid of railroads or other works of internal improvement, when authorized thereto by a vote of the legal voters in said city, taken in the manner that is now or may hereafter be prescribed by law. Said council shall divide the territory, included in the boundaries named in section two, into two divisions, to be known as the "inner" and "outer town"; and no ordinance of said council shall take effect or be in force in what is laid off and designated as the "outer town," except when such ordinance specially provides that it shall be enforced in the "outer

town.

SEC. 15. The proceedings of the common council shall be recorded in proper order in books kept for that purpose, and shall be open to the public.

SEC. 16. The mayor shall have power to hear and determine all cases arising out of a violation of the ordinances of the common council, and the same jurisdiction as a justice of the peace to hear and determine all cases arising out of a violation of the penal laws of the State, committed within said corporate limits.

SEC. 17. In cases of a breach of the peace, or violation of a penal law of the State, the mayor shall have power to execute the judgments of his courts in the manner provided by law for the execution of the judgments of a justice of the peace; and for violations of ordinances of the common council, he shall execute his judgments in the manner prescribed by the ordinance.

SEC. 18. The mayor, on complaint made before him under oath, shall have power to issue writs of arrest and warrants for violation of any penal ordinance of the common council, and for violations of the penal laws of the State; and shall have power to issue all process necessary to compel the attendance of witnesses, jurors and defendants. Arrests may be made, without warrant or written process, by the mayor, a member of the city council, the city marshal, or any policeman, when an offense is committed in their presence, or when necessary to prevent an escape.

SEC. 19. The payment of all fines and costs imposed by the mayor may be enforced by placing the offender at work upon the streets, squares, or the public works of the city; and all expenses incurred in the safe keeping of offenders shall be considered a part of the costs.

SEC. 20. The mayor shall keep a record of all his proceedings, and transmit the same to the council at the expiration of his term of office; and shall report monthly to the council all fines, forfeitures, etc., adjudged by him, and names of parties violating laws or ordinances, and the amount expended in the arrest and safe keeping of prisoners.

SEC. 21. The mayor shall, at all times, see that the ordinances of the common council are executed, and that all subordinate officers perform their duties, and shall report to the common council any [any]' delinquencies, or

misconduct upon the part of such officers. He shall, also, from time to time, recommend to the common council the adoption of such measures as he may deem important.

SEC. 22. The mayor shall receive such fees as are now or may be prescribed by law for justices of the peace for similar services.

SEC. 23. The city marshal and policemen shall receive such salary as may be allowed them by the common council, and also such fees as are or may be allowed by law to sheriffs and constables for similar services.

SEC. 24. The fees of the mayor, city marshal and policemen shall, in all cases of conviction, be taxed as costs against the defendant.

SEC 25. The city council shall, by ordinance, establish the time and place of its regular meetings, and may meet at any other time and place, upon call of the mayor, or any two aldermen.

SEC. 26. The common council, when in session, may punish, for contempt of its proceedings, by fine not to exceed twenty-five dollars, or by imprisonment not to exceed twenty-four hours. At each meeting its doors shall be open, and the citizens residing in the limits of said corporation shall have free access to all its delibera. tions.

SEC. 27. That any party to any suit or proceeding before the mayor shall have the right to an appeal to the District Court from any final judgment rendered by him, under the rules and regulations governing appeals from judgments of a justice of the peace.

SEC. 28. That all laws and parts of laws in conflict with this act be, and the same are hereby repealed; and that this act take effect and be in force from and after its passage.

Approved March 6th, 1873.

CHAPTER XVIII.

An Act to authorize Isaac Franklin to erect a Pontoon Bridge over the San Antonio River, in the County of Goliad, Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Isaac Franklin be, and he is hereby

authorized and empowered to erect a pontoon bridge over the San Antonio River in the county of Goliad, where the public road from the town of Goliad to the town of Refugio crosses the same. And that he be authorized and empowered to charge, receive and collect toll for crossing on said pontoon bridge, at the following rates in specie, to-wit: For every footman, five cents; for every vehicle and two animals, forty cents. For each additional animal thereto, five cents. For every horse and buggy, twenty-five cents. For every man and horse, ten cents. Loose horses and cattle, per head, five cents. Hogs, sheep and goats, per head, two cents. The above rates to be doubled on twelve feet rise in said river.

SEC. 2. That the right and privilege herein granted shall inure to the benefit of the said Isaac Franklin, his heirs and assigns, for twenty years; provided, however, that in order to secure the privileges conferred in this bill, he shall, within six months from the passage of this act, erect and construct a good, safe and substantial pontoon bridge over the said San Antonio river, at the crossing aforesaid, and shall keep the same in good repair; and in event of any accident or casualty destroying said pontoon bridge, the said Isaac Franklin shall reconstruct the same in two months from the date of such accident or casualty, otherwise the franchise herein granted shall abate.

SEC. 3. That no bridge or ferry shall be permitted or allowed to collect toll, or be vested with the right so to do, for four miles above and below said Refugio crossing, on said San Antonio river; provided, said bridge shall be subject to the general laws of the State regulating bridges and ferries, which are or may hereafter be enacted.

SEC. 4. That this act shall take effect and be in force from and after its passage.

Passed March 6th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval, on the eighth day of March, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.--JAMES P. NEWCOMB, Secretary of State.]