The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1856-02-07
For the Gate CITY

Editors Gate Citu :

of fifteen hundred dollars, which the city i
his favor by arbitrators chosen by former
City Council. The morning after the Coun-
ell made the order to pay Mr.. Graham, left
for St. Louis, and find on my return that the
action of that body in so doing has been the
fruitful subject of unfayorable comment in
the public papers, much Of which is evident
" founded on erroneous impressions as to the
facts in the case.
Having been Mr.. Graham's legal adviser
in the establishment of this claim, and be-
lieving that but little credit is due to state
ments made without a name TO vouch for
them, feel disposed to give brief summa
ry of the facts over my own signature, that
the public may have at least the advantage
of knowing who it is that speaks.
During the spring of 1851, the subject of
changing the grade of Main street was long
and seriously agitated in the City Council,
one Of the main objections to it being the
great injury which it would occasion TO Mr..
Graham. At that time the question Of the
liability of the city for such injuries had not
been settled by any court in the State. Con-
fictng decisions had been made by various
appellate courts in the United States, and it
was generally believed that the intrinsic JUS
tiee of making those who received the bene-
fit of the grade pay for the damages which
such change would necessarily occasion,
would so commend itself to the courts Of
State where it had never been decided, as to
incline the scale that way.
Under these circumstances, the City Coun-
ell, IN order TO compensate Mr.. Graham for
the change Of grade, and from sense of It's
jnstice, agreed with him that certain persons
should assess his damages and tina, the city
would pay them. If any two private persons
had thus made an agreement TO settle their
matters of arbitration, no man in the oom-
| munity would doubt that both were honora-
bly, bound to stand by the contract. IL the
city less bound by her obligations to keep
| her faith2
1t is said that Mr.. Graham did not execute
the bond mentioned in the resolution, in due
time. 1t must be recollected that the city
was engaged about two wears III excavatlng,
macs.damizing, and in finally settling said
grade, and in completing her work around
Mr.. Graham's building. Until this was done
he could not ascertain the extent of his IN
jury, and no assessment for damages could
| take place.
AS soon as this could be done, Mr.. Ora
ham rendered his bond and demanded the as
sessment of his damages. Due notice OF
time and place of meeting of the arbitrators
was gwen to the Mayor, who instead OF at
te.lding the arbitration, called a meeting of
the Council which rescinded thetesolutlon OF
the former Council authorizing said arbitra-
ton, on the same day.
OF the morality of this attempt Of one
party to contract to set it aside without the
consent of, or even notice TO the other,
leave the public to Judge. The arbitrators,
however, did meet at the time and place APP
pointed, and after q careful examination of
the facts, and personal inspection Of the
property, made their award.
1t is remarkable that IN all that has been
said and printed on this subject, no man has
been found bold enough to say that Mr.. era
ham was not actually injured $500, or even
more Copies Of this award were furnished
to the Mayor andt Mr.. Graham, and after
waiting a reasonable length Of time for the
Council to act, | presented Mr.. Graham's
claim to the board, and requested their ac-
ton upon it. 1t was referred to com
mttee for report, and no report Except
minority report) was ever made to my knowl-
edge.
| In August last appeared before the Coun-
Gil and urged decision, in order that if 1T
was adverse to us, suit might be brought by
Mr.. Graham at the September term. It was
not, however, acted on. Just before the No
yember term | again urged their definite ac-
ton for the same reason, but it was still de-
layed. As the Fef ruary term of our court
was rapidly approaching, | prepared petit
ton and notice for suit before | left for St.
filed, but told him that respect for the Council,
perhaps, required that he should call their
attention to it once more. He did so, and
the result was that he obtained justice at
their hands.
1t ID said that the result would have been
different il oil the members had been present.
| do not believe so, us one Of the absent Al
dermen was an arbitrator who signed the
award, and whom have heard say that Mr..
Graham ought to have his damages. 1t is
said that the matter was hurried through with
''indecent haste" The foregoing statement
of the length of time it was before the Coun-
Gil sufficiently answers this.