The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1856-02-07
CounclI proceeding&.
OouScIL Room, I
February, 5th, 1856. I


February, 5th, 1856.
Council met.
Present, The Mayor, and Aldermen Bridg-
man, Fulton, Haines, Mckee, Newton, Pat
terson, and Thomas.
Alderman Newton from the committee of
streets and alleys, to whom was referred the
petitions of Mrs. II. NJ. Taggart and John
Galloway, for damages by reason Of the
change of grade, submitted the following re-
port and resolution, VIZ
Report Of alderman Merton.
The undersigned upon tho committee on
Streets and Alleys to wAom was referred the
petitions of Mrs. II. NJ. Taggert and ,John
Galloway, for damages, said to be incurred
BY reason OF a change of grade on certai q
streets therein named, woul6eraspectfully sub
NIT the following report and resolution:
! That when the case Of Hon. John A gtsr;h-
ham came before the present Council, look
| ing at the wide door that would be opened
! for the admission Of similar claims, and al
so being assured by Mr.. Graham as well as
/ By his counsel, Mr.. Miller, that IN the event
of the rejection of said claim they would
instituted suit against the city for the re-
covery of the same, and feeling that the iu-
dicial tribunal was the proper place for the
decision Of SO important an affair, the un-
! dersigned reported, "That it was inc1pedi-
| ent 70 allow said claim Notwithstanding
the adoption by the Council Of that repors
different views ultimately prevailed, and we
are now calieanp Gas was anticipated) to
| pay other billsof damages, said to be equally
as Just AS the one recently allowed. Estal-
| lsh the doctrine endorsed by the allowance
| alluded to, and in our CITY. which Is emp nut :
! iealy city Of hills and holows, beautiful
and romantic, though it be, far bevord the
condition Of any of its rivals. vet its rev
enues would be insufficient to meet the bills
Of damages incurred in bringing It's streets,
and avenues to the requirements OF business.
Returning to the petitions now under con-
sideration; in one case, Mrs. IAkgert's, whare
damages are claiAa hgFasso1 of the cut on
Blondeau and RsfSk BtreetG. the improve
ments on her lots, Ii and IL, block II, re
inaccessible from either street, we find thar
the buildings were erected before the eetah.
lishment of any grade. And fur saer. that
there is not at the present time an !, orade ;xed
IN front OF SAID lots. The der case. Mr..
Gallowav's. The buildings vere oysc}ea n
agree with the grade wb. Ga was afterwr,s
altered by fall Of six fes r. and DAMAGES are
claimed for the reason that the Owner. Mr.
G. is compelled TO ''..aisc said BUILDINGS 10
H..
The question th.a presents itself upon the
consideration of .hese oiaims is a. to the ia.
bility Of the city in either or both cases. Is
the city liable t.or dam ages in either case, AZ
presented by the petiti oners2
After a careful exs mination. (as far as our
time and opportunity permits) We find the
iouowing doctrlnef,, clearly and explicitly
laid DOWN That tle constituted autho ritios
OF city have the right to alter, as WI ell as
establish grades, it always being held that
such alterations viii not be made b. ut for
grave and weig atty reasons.
That the ght Of city To cut down or Gil
up her sire cts, is equal to that Of private
citizen, TO cat down or FIJI up his lot.
That The rendering lot difficult If access
by reason of the grade of the street bel NJ re-
duced below its surface, or the raising ,2f the
| grade, 80 as to leave the surface Of u lot
| below the grade of a street are contiteen-
cies that are unexpectedly connected with the
| lots in all cities, arid for which the city Is
| not, nor cannot be made liable. For these
and other reasons which might be given, the
undersigned claims that the city is not hahie
for damages in the cases now under consil-
Grafton, and ould offer the following reso-
luton:
Resored, That the claims Of Mrs. II. II
1 lhgGdFis dil ftJ. JDuH 1diIGAAN, IpE UAulG'
yes, be net allowed.
HENRY NEWTON.
4 Report received aud resolution adopted
The committee on streets and alleys, TO whom
was referred the report Of the city Engineer
in relation to the continuation of the culvert
on Johnson street, reported the following
resolution, which was adopted, viz:
ReSolped, That the city Engineer be. anC
/ l. 1. 81 e..
sails to finish the Johnson street culvert Il
accordance with the plan submitted to tn
Council at the last meeting. Payment to bt
made ia city bonds.
Ordinance No. Is, repeating Ordinance No
II, .entitled San Ordinance providing for til,
subscription to the capital stock Of the keo
kuk, Mount Pleasant, and Muscatlne Rail
road Company, was passed.
The committee on Judiciary reported il
favor of the payment of the till Of Clagget
4 Dixon of $i5 90. Report accepted anc
bill allowed
The bill Of G. p. Baily Of $50 GO was Ia
ken from the table and allowed.
The following bills were allowed, viz
stearas & burlington, interest acct. $l5 7.
james Inch, police expenses, d 0t
The following resolution WIS adopted
hesolrea, Ihnt the M.yor be authorized d
make arrangements. il he think proper. for
ROOMS G1r the use Of the Court and jury, at
the next term Of he District Court. and that
ne take ing necessary steps to have the liza
bllitl VI the e4Jy tested III regard to the pay
+ ment % u REM s. room, for the use OF the
Distric, Court and it's officers.
Council adjourned to Feb. 18th, at 7
$ O'Clock +. N.
b. 5. MERRIAM, City Recorder.