Typed as spelled by Lena Stone Criswell




THE DAILY DEMOCRAT
Thirtieth Year - Volume 302
Marlin, Texas, Monday, April 20, 1931

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EARLY MARLIN CITY COUNCILS ALSO HAD TRAFFIC PROBLEMS


Traffic regulations! In the early days they were of as much importance
as they are today. The first ordinances enacted by the city council of
Marlin as a corporate town pertained to traffic. Racing or galloping horses
on the streets was prohibited by ordinance. It was unlawful to "become drunk
and lie on the side-walks" or to "block the sidewalk with barrels, boxes,
bricks or anything else, except when building was in progress or goods were
being loaded and unloaded by the merchants." It was unlawful "to ride horses
on the sidewalks or to park or hitch them on certain streets."
According to the records the first meeting of the council following the
creation of the corporation by the Eleventh Legislature of Texas, was held
March 6, 1867. The followng constituted the membership, Henry Morris, Mayor,
S. S. Ward, J. W. Watkins, Jesse Scruggs, W. B. Ford and Wm. Killebrew,
aldermen. Frank Barnes was secretary, B. F. Scroggins, treasurer, and Wm.
Kimbrough, constable.
It is naturally expected that many perplexing questions would confrone a
people when the first laws and ordinances necessary for human safety and
comfort were to be derived from experience and commonsense rather than
precedent. Pioneer officers of Marlin met the questions in the early years
and laid the foundation of the Marlin of today.
Among the ordinances passed at the first council meeting on that
memorable day are, "a fine of not less than $3.00 nor more than $10.00 for
running horses through Marlin" and "a fine of not less than $5.00 nor more
than $25.00 for shooting pistols and guns on the streets", a fine of $3.00
to $10.00 for using profane language", a fine of $1.00 for hitching horses on
certain streets", a "fine of $5.00 for permitting dogs to run loose on the
streets", and others.
Of course the enactment of such ordinances and their enforcement called
for a big share of differences of opinion and a lot of criticism for city
officials. And the mayor, aldermen, and other city officials, being human,
came in for their share of punishment and "calling over the mat" for
carelessness or "lawlessness."

For instance, only a few weeks after certain ordinances were passed,
Alderman J. W. Watkins was hailed into city court one morning for "riding his
horse on the side-walk." He was fined $5.00 and costs. But Mr. Watkins was
resourceful. He appeared before the honorable mayor and council at the very
next meeting and said he was 'always anxious to observe the laws when
possible, that in this particular incidence it was not his intention to
violate the ordinance. His horse was unruly and he could not keep him off
the walk." The explanation seemed plausible and was satisfactory, for the
musty old records in the archives at the city hall show Mr. Watkin's fine (
) among the body and proceeded with the august routine.


At another time, a constable was hailed before the honorable mayor for
"being drunk and using loud and boisterous language" and not only that "he
lay on the side-walk." A fine was assessed against him and records show it
was never remitted.



Realizing immediately that a town cannot be run without money, among the
first ordinances was one aimed to provide funds. One-tenth of one per cent
tax was assessed against all real and personal property, a license fee of
$5.00 was assessed against each $1,000 invested in merchandise for sale or
trade, and 50 (cents) for each $1,000 or fraction there-of over the first
$1000. A license tax also was assessed against professional people (Later
the records show teachers in the schools were relieved from paying the
professional tax.)
Provisions were made for working the streets. Each male citizen was
required to turn out in person and work the streets at designated times
during the year. Later this was amended and a citizen was allowed to pay
$20.00 in lieu of his personal work.
The ordinance requiring working of streets was no respector of persons,
but very soon the mayor and council realizing the importance of their
services which were given practically without remuneration, passed an
ordinance exempting members of that honorable body from working on the
streets.
In the early existence of the town the importance of side-walks were as
important as they are today. At various council meetings provision was made
for their construction and maintenance. A gravel tax was imposed, sidewalks
designated, and built according to specifications. Cedar logs, not less than
four inches in diameter, and as near thereto as practical, were fastened
together seven-feet apart by cross timbers, and laid in a straight line to
form a basin which was filled with gravel.
In fairness to enterprising citizens who had already built acceptable
walks around their properties, the ordinance exempted them from paying taxes
for a time-to compensate for such work done prior to December lst, 1866.
Some of the first sidewalks designated were, "at the blacksmith shop to
Ward's corner", "to begin at Bartlett's corner and extend to Whit's store" to
"commence at Chuhs (probably meant at Schuh's) corner and extend to Whit's
store," and others, one particularly notable, "extending from the postoffice
to the courthouse."
Other problems and contingencies presented themselves then and later,
resulting in a license tax on circuses, and shows of all kinds. A tax of
$10.00 was levied against peddlers (exclusive of sellers of produce) to
protect industry and business. Even businesses in temporary quarters
were required to pay a license tax, though not as large as that of peddlers.

In April, 1867, the mayor was instructed to employ a surveyor, stake off
lots, and make a map. This was done.
The records show that there were conflicting opinions and the usual
number of demands upon the city officials. An ordinance previusly forbid
hitching of horses on the streets. Now comes a demand and a move in the
opposite direction. An ordinance was passed requiring each business house to
erect hitching posts in front of their places. If any failed to do so, the
city marshall was authorized to have it done, and assess charges against the
respective business firms.
About this time the mayor was fined by the council for not bringing to
court a certain citizen for riding his horse on the sidewalk. The constable,
also came in for his share of criticism, ( ) personal feelings, and
more particularly (
)infractions of the law. The mayor managed to have his
fine remitted by calling the said citizen into court and imposing a fine on
him-and all that time an election coming on!
Then came the election-in February 1868, which resulted in new members of
the council and city officials! One of the first moves of the new council
was the placing of railings on the side-walks in an effort to settle, once
and for all, the friction which continually arose over riding over them. An
ordinance was passed and "cedar posts were placed in the ground twelve feet
apart-with three horizontal bars-nailed to them"

Zenas Bartlett (the elder) at this time was a member of the board offered
an important suggestion, which may be considered the beginning of Marlin's
public water system. He suggested that a meeting of the entire citizenship
be called to discuss plans for providing a public water service.
The meeting was called as shown in the minutes of a later meeting, when
there appeared before it a committee offering suggestions. Their plan was
the city "build a tank" near town. The council forthwith appointed a
committee to investigate and the committee reported at a still later meeting
that "it is improper to build a public' tank."
Mr. Bartlett then suggested, giving pertinent reasons, that the city dig
a well. The suggestion was adopted and a committee appointed to select a
place, have the well dug and curbed with a "substantial curbing" and supply
buckets and chains for convenience of the people. (Harry Gameson said in his
opinion the well referred to was dug at the present location of Hot well No.
l.)

In the months following many other important matters were considered by
the city council and various ordinances written into law. More side-walks
were constructed and ohter ordinances passed relative thereto. New streets
were opened and named.
Shooting of fireworks within the corporate limits was prohibited; tenpin
alleys were ordered moved, some closed as "nuisances". Fire was an enemy
then as now, and an ordinance was passed imposing a fine of $100.00 for the
construction or use of any flue made of material other than brick. Later,
however, the use of a certain "patented flue" was permitted.

In January of 1871 a number of resignations and appointments or elections
changed the personnel of the city officials. Mayor G.A.King resigned, was
succeeded by A.M. Attaway, who served only a few days before he resigned
also. Dr. W. Killebrew, then a member of the council was presented to serve
as mayor and his name sent to Governor Davis for approval. It is not clear
why the approval of the governor was required.
Zenas Bartlett, who had previously served on the board of aldermen, was
asked to take Dr. Killebrew's place. R. W. Rimes was requested to act as
secretary of the board, and he finally agreed on condition that he receive "a
salary of three pairs of fine boots per annum."
For some reason or another there are no minutes of record from February
to August of that year. In August, S.S.Ward became Mayor, again, having
served previous thereto. The names of L. Scroggins, Wm. Killebrew, and
R.W.Rimes appear in the minutes as aldermen.

During the last part of 1871, the ordinance regarding carrying guns and
pistols was changed. The council amended the original ordinance to read, "no
guns or pistols are allowed except in cases of emergency in protecting lives
and property of the citizens."
Another ordinancy enacted at this time forbid a merchant from carrying
more than 25 pounds of powder in any one building or location within the
corporate limits. This resulted in the construction of a "powder house"
outside of the city limits, of which many remember as being located on the
south of Bridge ( ) and on the south side of Bean's hill ( )
city.

Another significant ordinance enacted in the Fall of 1871 was one
permitting the Waco and North Western Railroad Company to run "rails and cars
through and across the public streets of Marlin-for fifty years-and as long
thereafter as they comply with requirements of the city council." This
referred to the first of Marlin's railroads, later known as the H. & T.C. and
now the Southern Pacific.

In 1873, the personnel of the city official were: J. D. Oltorf, Mayor,
Wm. Killebrew, W. A. J. Nicholson, C.C. McCormick, J. H. Anders, W. W.
Hazlewood, aldermen, and J. V. Marlow, marshall.
Yellow fever broke out in Texas and the council immediatelyissed an order
of quarantine. No one was allowed to come to Marlin-nor leave. Even trains
were not permitted to approach nearer than two miles of the city limits. In
order, however, that the U. S. Mails not be interfered with, the engine and
mail coach were allowed to come into Marlin but with them only three men were
allowed, two in the engine cab and one the mail car. Twelve citizens were
deputized to assist in enforcing the quarantine.
This rather drastic order brought protest and a few days later the
ordinance was amended and trains were allowed to pass, but no one was
permitted to get on or off. This order issued November 28, 1873, was revoked
a month later, when the "yellow fever had abated."


By early 1874, duties of the council became of such magnitude it became
necessary to meet more frequently to get the work done. On January 7th, a
long and trying meeting was held, lasting until 12:00 noon. Before
adjournment, a meeting was called for "Saturday 11th , Inst. at early candle
light.
But habit had as much to do with humans those days as now. When the time
of the meeting arrived "no one appearred at candle light" except the
Secretary-protem, W.W. Hazlewood. The secretary listed in the minutes all
the absentees, the entire council except himself, and then listed himself
present and made the following notation, "There being no quorum or any part
thereof present, the secretary, after mature consideration of the situation,
abandoned the job."
Merely to show who the members of the council were at that time, those
listed absent were, J.D.Oltorf, mayor, Wm. Killebrew, Zenas Bartlett, C. C.
McCormick and J. H. Anders, aldermen, C. T. Williams, marshall and C. M.
Ripley, treasurer.
Whether the failure to appear at a designated time of meeting had
anything to do with it or other causes were involved an ordinance was passed
at the very next meeting making it mandatory for the council to meet
twice-a-month. The secretary, W.W. Hazlewood, seems to have taken a special
delight in writing this section of the council in the minutes, for in
affixing his signature of approval, he did so in black ink, letters extra
heavily formed.

Pressing business required another call meeting six days after the one
referred to above, and according to minutes there was considerable feelling
over certain matters. Mr. Williams resigned as marshall and J. R. Lee was
elected by a close vote of the alderman, 3 to 2. In the midst of the
meeting, Zenas Bartlett "had urgent business calling him from meeting."
Alderman McCormick resigned and the court adjourned. But it reassembled
immediately and Wm. M. Brown was elected to take Mr. McCormick's place.
At the regular meeting of the council March 4, 1874, only two members
showed up, and again W. W. Hazlewood displaying a sense of humor wrote the
following in the minutes, "-no other members of said council appearing the
two officers present resolved themselves into a committee of the WHOLE and
says there shall be fine of $5.00 entered against each of said absent members
payable to the city in labor performed on the streets in the dead of winter
and on some rainy, snowy, freezy day."
Mayor Oltorf evidently appreciated the humor of the situation because the
minutes thusly written bear approval with his signature.


A special ordinance became necessary at a June meeting in 1874. A horse
had been tied on the streets, unclaimed, for several days. Some disposition
of the animal was necessary. Records show the horse was taken up and turned
over to a citizen for keeping.
Later $5.00 was allowed for expense of feeding the horse.
In September of that same year, a fine of $5.00 was assessed against
anyone playing baseball within the corporate limits. Ball games were
referred to as "detrimental to the peace and quiet of the people."
Following an election in 1875, the records show that J. D. Oltorf was
still mayor.
The following constituted the board of aldermen, J. W. Watkins, W. W.
Hazlewood, J. T. Davis, T. J. Read, and H. Marcus, S. G. Hemphill was
sheriff.


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