USA > Missouri > Ray County > History of Ray county, Mo. > Part 46
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HISTORY OF RAY COUNTY.
young gentlemen, either recently admitted to the bar, or who have been engaged in the practice but a few years.
Following is a list of members of the Richmond bar in April, 1881: Geo. W. Dunn, Christopher T. Garner, James W. Black, Joseph E. Black, Chas. J. Hughes, John W. Shotwell, David P. Whitmer, James L. Farris, Adam J. Barr, Elijah F. Esteb, James W. Garner, Frank G. Gibson, C. T. Garner, Jr., William S. Conrow, Thos. N. Lavelock, J. E. Ball, John R. Hamilton, John H. Dunn, George A. Stone and John F. Morton.
The medical profession is most ably represented in Richmond by the following physicians, to-wit: Doctors G. W. Buchanan, H. P. Jacobs, W. W. Mosby and son, H. C. Garner, J. D. Taylor, James W. Smith, M. C. Jacobs (eclectic), and R. B. Kice (D. D. S.)
Dr. Nathaniel Davis was a physician of Richmond for many years, but is now retired from the practice, and is living quietly at his home, just without the eastern limits of the city.
AN ACT TO INCORPORATE THE CITY OF RICHMOND.
Be it enacted by the General Assembly of the State of Missouri, as fol- lows :
ARTICLE I.
SECTION 1. All that district of country contained within the following boundaries, to-wit: Beginning at a point fifty-eight chains and fifty links north of public square, on the line between the land of G. W. Dunn and Mrs. Darneal; thence east to the section line between sections twenty- nine and thirty, fifty-two chains and fifty-four links; thence south one hundred and three chains and eighty-two links; thence west one hundred and five chains and eight links; thence north one hundred and three chains and eighty-two links; thence east fifty-two chains and fifty-four links, to the place of beginning, shall be, and the same is hereby erected into a city, by the name of " The City of Richmond," and the inhabitants thereof shall be, and they are hereby constituted, a body corporate and politic, by the name and style of "the mayor, councilmen, and citizens of the city of Richmond," and by that name they and their successors forever shall have perpetual succession, shall sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity, and in all actions whatsoever; may contract and be contracted with, may pur- chase, receive, and hold property, real and personal, within said city, and may sell, lease, or dispose of the same for the benefit of the city, and may purchase, receive, and hold property, real or personal, beyond the limits of said city, to be used for the burial of the dead of the city, or for the establishment of a hospital for the reception of persons afflicted with con- tagious or other diseases, or for the erection of a poor-house and farm, or work-house, or house of correction, and may sell, lease, or dispose of such property for the benefit of the city, and may do all other acts and things as natural persons. They may have and use a common seal, and may break, alter, change, and make a new seal at pleasure.
SEC. 2. The city of Richmond hereby created, as soon as may be, shall be divided into six wards, so as to include, as near as may be, the
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same number of free white male inhabitants in each ward, and the city council shall have the power to alter or change the boundaries of said wards from time to time, as they see fit, or to increase, or diminish the number of said wards, having regard to the number of free white male inhabitants, as aforesaid, so that each ward shall, as aforesaid, have, as nearly as may be, an equal number of inhabitants.
ARTICLE II.
SECTION 1. The corporate powers of the inhabitants hereby incorpor- ated under the name and style of the " mayor, councilmen, and citizens of the city of Richmond," shall be vested in and exercised by a city council, to consist of one member from each ward, to be elected by general ticket, by the qualified voters of said city, on the first Monday in April, annually, unless otherwise provided by ordinance.
SEC. 2. No person shall be a member of the city council, unless he be a free white male citizen of the state of Missouri, over the age of twenty- one years, and shall have resided within the city limits three months, next preceding his election, and be a bona fide resident of the ward for which he is elected.
SEC. 3. If a councilman shall, after his election, remove from the ward from which he was chosen, his office shall be thereby vacated.
SEC. 4. The council, in the absence of the mayor, shall elect one of their number to be a president pro tempore of the council, and the presi- dent pro tempore thus elected, shall, during the absence from the city of the mayor, or of a vacancy in the office, or of inability of the mayor to serve, perform all the duties of mayor.
SEC. 5. The mayor and the city council shall and may annually choose such agents and servants as they shall deem necessary in the transaction of their business, and remove them at pleasure.
SEC. 6. The mayor and the city council shall be the judges of the elec- tion returns, and qualifications of such mayor and members of said city council, and shall determine contested elections.
SEC. 7. A majority of the council shall constitute a quorum todo busi- ness, but a smaller number may adjourn from day to day, and may com- pel the attendance of absent members in such a manner, and under such penalties, as the council may prescribe.
SEC. 8. The council may determine the rules of their proceedings, punish their members for disorderly conduct, and, with the concurrence of two thirds of all the members elected, expel a member, but not a sec- ond time for the same offense.
SEC. 9. The mayor and council shall keep a journal of their proceed- ings, and the ayes and nays of the members on any question shall, at the desire of any member present, be entered on the journal.
SEC. 10. Neither the mayor or any member of the council shall, dur- ing the time for which he or they are elected, be appointed to any office under the provisions of this act, unless a petition to that effect be signed by two-thirds of the qualified voters of the city.
SEC. 11. All vacancies that shall occur in the council shall be filled in such manner as shall be provided by ordinance.
SEC. 12. Every member of the council, before entering upon the duties of his office, shall, in addition to the oath of office hereinafter required,
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make affidavit that it is his bona fide intention to reside within the ward for which he was elected during the term for which he was elected.
SEC. 13. Whenever there shall be a tie in the election of members of the council, the judges of election shall certify the same to the mayor, or person exercising the duties of mayor, who shall immediately thereupon issue his proclamation, stating such facts, and ordering a new election, giving twenty days' previous notice thereof, and if such ties shall occur upon any election for mayor, such judges of election shall certify the same to the city council, and such council, after qualification, shall elect between such candidates having an equal number of votes; and in the fur- ther event that neither of such candidates for mayor shall receive a majority of the votes of said council, a new election for mayor shall be ordered by said council immediately, giving twenty days' previous notice of the time and place of such election.
SEC. 14. There shall be stated meetings of the council once in every calendar month, at such time and place as the council, by ordinance, shall designate, and other and further proceedings of said council may be con- vened by the mayor or person discharging the duties of mayor, at any time in his discretion, provided always that said mayor and council may adjourn any meeting from day to day, or to any time within said calendar month.
SEC. 15. Upon the passage of all and every bill appropriating money, imposing taxes, or increasing, lessening or abolishing licenses, or borrow- ing money, the yeas and nays shall be entered upon the journal upon the motion of the mayor or any member of the council.
SEC. 16. A majority of all the members of the council shall be neces- sary to pass any tax bill, or bills appropriating any sum amounting to one hundred dollars, or any other bill or bills, involving a like amount in any- wise increasing, affecting or diminishing the city revenue.
ARTICLE III.
SECTION. 1. The council shall have power within the city ordinance: 1st, To levy and collect taxes not exceeding three-fifths of one per centum per annum upon the assessed value of all property made taxable by law, for state purposes, and also to provide for the collection of the same by the sale of real and personal estate within the city, in such manner as this act or the council by ordinance shall provide. 2d, To borrow money on the credit of the city, upon a vote of two-thirds of the mem- bers of the council. 3d, To appropriate money and provide for the pay- ment of the debts, appropriations, contracts, liabilities and expenses of the city. 4th, To make regulations to guard against and prevent the introduction of contagious and infectious diseases into the city, and to make quarantine laws for that purpose, and enforce the same within two miles of the city. 5th, To establish hospitals, employ physicians' attend- ance, and procure drugs and medicines, and to make regulations for the government and care thereof. 6th, To make regulations to secure the general health of the inhabitants, and to abate, prevent, and remove nuis- ances. 7th, To provide the city with water, by digging wells, making cisterns, and improving springs and creeks, and erecting and providing pumps on the streets, avenues, and sidewalks within the boundaries of the city, for the convenience of the inhabitants thereof. 8th, To create, open
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HISTORY OF RAY COUNTY.
alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, and to clean, macadamize and keep in repair streets, avenues, lanes and alleys within the city, with the express restriction that the council shall not establish, or open, any street, lane, avenue or alley through any property which has not been laid out into town lots, and a plat thereof filed accord- ing to law, unless by the written consent of the proprietors of such prop- erty; provided always, that the council may, by ordinance, require the owner of such property, when laid out into lots, or outlots, to have the streets, lanes, alleys, or avenues to correspond as near as may be with the streets, lanes, alleys or avenues in use in the city ; and no lane, or avenue, or alley shall be altered unless such city council shall pay the owner of such real estate such damages as may be found due to such proprietor, to be ascertained by a jury of twelve men, or by any other provisions as the council may, by ordinance, prescribe, or by any other legal proceedings. 9th, To establish, erect and keep in repair, bridges, culverts and sewers, and regulate the use of the same. 10th, To establish, sup- port and regulate the night watch and patrol. 11th, To erect market- houses, establish markets and places, and provide for the government and regulation thereof. 12th, To provide for the erection of all needful build- ings, for the use of the city. 13th, To provide for enclosing and improv- ing any real estate belonging to the city. 14th, To license, tax and regu- late auctioneers, grocers, merchants, retailers, dram shop keepers, ordinaries, taverns and inns. 15th, To license, tax, regulate and restrain and suppress hawkers, peddlers, shows, theatrical and other performances and exhibitions. 16th, To license, tax and suppress, pro- hibit and restrain gaming and gambling houses, bawdy houses, and other disorderly houses. 17th, To provide for the extinguishment of fires, and prevention thereof; to organize and establish fire companies, and to provide necessary and suitable engines, hose, buckets, ladders, fireworks and apparatus; also to regulate and prevent the carrying on of any business, pursuit or manufactory of a character to cause or produce fires, or preju- dical, or injurious to the health of inhabitants, and to compel the owners of the houses and other buildings to have scuttles upon the roofs of any such houses or buildings, and stairs and ladders leading to the same. 18th, To regulate and order the cleaning of chimneys, and to fix the flues thereof, to regulate the storage of gunpowder, tar, pitch, resin, hemp, cotton, and all other combustible materials, and to regulate the use of lights and lighted lamps or candles in all stables, shops and other places; to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle, or apparatus used in any house, building, man- ufactory, or business which may be dangerous in causing or promoting fire, to prohibit under suitable penalties the firing of fire-crackers, and the discharging of fire arms, to direct the safe construction of deposits for ashes and to enter into at reasonable hours, or to appoint one or more offi- cers at reasonable times to enter into and examine all out-houses, lots, yards, enclosures, and out-buildings of every description, in order to dis- cover whether any of them are in a dangerous state, and to cause such as may be found by the verdict of a jury to be dangerous, to be put in safe and secure condition. 19th, To provide for the inspection and weighing of hay, the storing and measuring of charcoal, stone coal, fire wood, and other fuel to be used in the city. 20th, To regulate the inspection of but-
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ter, lard and other provisions, vending of meat, poultry, butter, eggs, and fruit, and to suppress the huckstering within market hours. 21st, To pro- vide for taking an enumeration of the inhabitants of the city. 22d, To provide for the election of all elective city officers, and provide for the removing from office any person holding an office created by this act or by ordinance not otherwise provided for, to fix the compensation of the city officers and regulate the fees of all jurors, witnesses and others for services rendered under this act or any ordinance. 23d, To regulate the police of the city, to impose fines, forfeitures, and penalties for the breach of any city ordinance, and provide for the recovery, and appropriating such fines and forfeitures, and the enforcement of such penalties. 24th, To erect a workhouse and house of correction, and provide for the regulation and government thereof. 25th, To levy and collect a poll tax, not exceeding one dollar, upon every free white male person over twenty-one years of age, who shall have resided three months within the city. 26th, To remove all obstacles from the side-walks, and for the cleaning of the same, and of the gutters at the expense of the owners of the ground front- ing thereon. 27th, To prevent and restrain any riot, noise, disturbance or disorderly assemblage in any street, house, or place in the city. 28th, To prevent and remove all obstructions in and upon all streets, lanes, avenues and alleys, established by law or ordinance. 29th, To have and exercise complete control over any commons belonging to the city, and all property belonging to the city, real and personal, whether lying in or beyond the limits of the corporation created by this act, and the same to lease, sell, transfer and dispose of either absolutely or with limitation, to any person or persons whatsoever. 30th, To make such general rules, regulations, by-laws and ordinances, for the purpose of maintaining the peace, good morals, and good government and order of the city of Rich- mond, and the trade, commerce, business and manufacturers thereof, as the city council may deem expedient, not repugnant to the constitu- tion or general laws of the state, and also to enforce the observance thereof, by inflicting penalties upon any inhabitants thereof, or other person or persons for violation of any ordinance, not exceeding ninety dollars for any one offense, to be recoverable with costs in any action of debt, by and in the name of the "mayor, councilmen and citizens of the city of Richmond," for the use of the city, before the recorder of any court having jurisdiction or cognizance of the same. 31st, To make all ordinances subject to restriction in the last preceding subdi- vision of this section, specified, which shall be necessary and proper for carrying into effect the powers specified in this section, and all other powers vested by this act in the corporation, the city government, or any department or officer thereof. 32d, That all taxation laws passed by this city council, other than those applying to hucksters, menageries, circuses, concerts, shows, theatrical exhibitions and similar amusements, shall be based upon the ad valorem principle. 33d, No money shall be drawn from the treasury, except in pursuance of an ordinance or resolution of the city council regularly passed, at a regular or special meeting of the coun- cil. 34th, Every ordinance or resolution passed by the city council, shall be signed by the mayor or president pro tem. of the city council, and attested by the clerk of the city council before it takes effect. 35th, The style of the ordinances of this city shall be, "Be it ordained by the city
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HISTORY OF RAY COUNTY.
council of the City of Richmond." 36th, All ordinances, passed by the city council shall, within thirty days after they become laws, be published in pamphlet form or in some newspaper printed in the city of Richmond, in the discretion of the city council, or by copies thereof set up in three public places in different parts of the city; but the failure to publish any ordinance within the time specified in this section, shall not render void or effect the validity of any such ordinance, unless such delay may cause such ordinance to act retrospectively over the rights of individuals. 37th, All ordinances of the city may be proven by the seal of the corporation, and until a seal is provided, by the private seal of the clerk of the city council, and when such ordinances have been printed and published by the authority of the corporation, the same shall be received in evidence in all courts and places without further proof.
SEC. 2. No person shall, within the limits of this city, directly or indi- rectly, sell intoxicating liquors, of any kind, without first taking out a special license therefor, obtained as may be prescribed by the city council by ordinance. Upon every license there shall be levied a tax not less than five nor more than one hundred dollars for city purposes, at the dis- cretion of the city council for every period of six months.
SEC. 3. No person having a license, as in the last preceding section provided, shall directly or indirectly, sell, barter, exchange or give away any intoxicating liquor, or strong drink of any kind, to any slave with- out permission in writing from the master, owner or overseer of such slave.
SEC. 4. No person having a license from the city council, as above provided, shall, directly or indirectly, sell, barter, exchange, or give away any intoxicating liquor, or strong drink of any kind, to any apprentice or minor, without first having permission in writing from the parent, guar- dian, or person with whom the minor may at the time be living or board- ing, and in case of apprentices from the person to whom the individual is bound, or his parent.
SEC. 5. Any person convicted of a violation of either of the preced- ing sections of this act, shall be fined in a sum not less than twenty, nor more than one hundred dollars for each offense, to be recovered as may be prescribed by ordinance.
ARTICLE IV.
SECTION 1. The chief executive of this city shall be the mayor, who shall be elected by the qualified voters of the city, and shall hold his office for the term of one year, and until his successor is duly elected and qualified, provided that an election to fill a vacancy shall be only for the remainder of the term for which his predecessor was elected.
SEC. 2. No person shall be mayor, who, at the time of his election, is not possessed of the qualifications for a councilman.
SEC. 3. If two or more persons shall have an equal number of votes for mayor, or if the election be contested, the city council shall decide the election by vote.
SEC. 4. Whenever any vacancy shall happen in the office of mayor it shall be filled by election, in such manner as shall be provided by ordinance.
SEC. 5. The mayor may be removed from office for any misdemeanor, by a majority of two-thirds of the city council.
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HISTORY OF RAY COUNTY.
SEC. 6. The mayor shall act as president of the city council, and shall (have) power to nominate, and by and with the consent of the city coun- cil, to appoint all city officers not ordered by this act to be otherwise appointed. He shall take care that the ordinances of the city are duly performed, enforced, respected and observed in the city. He may remit fines, punishments, forfeitures and penalties accruing from or imposed for the violation of any law or ordinance of the city. He may fill all vacan- cies which may occur in any elective office other than that of a member of the council, until the same be filled by election; and in any other office until the end of the next session of the council, which may happen after the vacancy shall have occurred. He shall, from time to time, give to the city council information relative to the state of the city, and shall rec- ommend to their consideration such measures as he may deem expedient for the advantage of the city. The mayor, while presiding in the city council, shall have no vote on any measure or question, except there be a tie, in which case he shall give the casting vote.
SEC. 7. The mayor may call special meetings of the council by proc- lamation or by written notice.
SEC. S. Whenever a special session of the council shall have been called by the mayor, he shall state to them when assembled, the cause for which they have convened.
SEC. 9. There shall be a recorder within and for said city, who shall be ex-officio clerk of the city council, and perform such other duties as the city council may direct; a city treasurer, a city constable, a city assessor, and city attorney, who in addition to the duties prescribed in this act, shall perform such other duties prescribed by ordinance. All of said officers shall be elected by the qualifed voters of the city at the regular annual city election, on the first Monday in April of each year. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, to be appointed by the mayor, by and with the consent and advice of the city council, and to perform such other duties as may be prescribed by ordinance, and such officers shall be removable at the pleasure of the city council, by a majority of two-thirds of the city council.
SEC. 10. The city council may, by ordinance, provide for the election by the qualified voters of the city, of any of the officers.
SEC. 11. It shall be the duty of the clerk of the city council to keep a journal of the proceedings of the council, to record in a separate book all ordinances or resolutions appropriating money,to keep a record of all the official acts of the mayor, and when necessary to attest them; he shall keep and preserve in his office the common seal of the city, and all records, public papers and documents, not properly belonging to any other officer.
SEC. 12. It shall be the duty of the city treasurer to receive and keep the money of the city, and to pay out the same on warrants drawn by the mayor or other officers authorized by ordinance to draw them.
SEC. 13. The city constable shall, within the city, possess the same powers, perform the same duties, and receive the same fees and compen- sation as the constable of Richmond township, for similar services. He shall execute and return all process to him directed, whenever issued by the mayor, recorder, or any member of the city council, or by a justice of
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the peace, when any justice of the peace is authorized to issue process under this act, or any ordinance of the city; he shall also be collector of the city taxes.
SEC. 14. The mayor and all other officers of the corporation shall reside within the limits of the corporation during their continuance in office, and if the mayor of the corporation shall cease to reside within the limits of the same, his office shall be thereby vacated.
SEC. 15. The recorder shall be a resident of the city, and shall possess the same qualifications as the mayor and city council, and shall hold his office one year, and until his successor is duly commissioned and qualified. Such recorder may be removed from office in the same manner as the mayor. He shall have the same jurisdiction as the justices of the peace within and for the limits of the city. He shall have exclusive juris- diction over all cases arising under any ordinance of said city, subject, however, in all cases, to an appeal to the circuit court of Ray county, and every such appeal shall be granted as in this act is expressed. He shall have power under the seal of the city, to take and certify the acknowledgement of deeds, conveyances and all other instruments of writing requiring authentication, and such deeds, conveyances or other instruments may be recorded in any county of the state, or may be read in evidence in any court in this state, without further authentication; he shall be authorized to administer oaths and affirmations, and take and cer- tify depositions; he shall be entitled, in all cases, to the same fees which are now, or may be hereafter allowed by law to justices of the peace for similar services, which shall be taxed and collected as other costs, by fee bill or execution.
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