Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-07-23

has been retarded and harrassed by the diff
ficulties respecting the streets, the und el
signed beg leave to say, that upon the mos
careful examination they have not beer
able 10 discover any action on the part o
the city or its citizens what was desi gned t.
harass and retard the building up and tn
growth Of the Institution on the contrary
it has always enlisted and still has the bes,
wishes and sympathies of the people for it.
continued prosperity and welldoing
The undersigned further state that the
College has less ground of complaint than il
apparent in their Memorial, from the fact
that the Trustees Of the Institution were di
stinctly informed about the time they made
the purchase of the grounds, that there was
forty (4O) feet street dividing the two
blocks, which had never been vacated, and
that the owners Of property on Main street
would insist upon having the street open.
The College then purchased with full no
tice Of the existence of said street, aud the
rights of property owners thereon.
BY the laws of the State, every street and
alley laid out in the survey Of town, the
Plat of which has been recorded, is de-
clared to be dedication to the public
An Ordinance passed and approved by
the city Of Davenport on the 18th of No
vember, [page I'd Ordinances 1854, de-
clares :" all alleys and lanes that have been
or may be hereafter laid out, in any part Of
said city for the purpose of accommodating
persons others than the owners of the land.
public highways"
Now the street through the College
grounds forty [40l feet wide, whether re
garded as street, alley, or lane, is a
public highway" in which the public have
a vested right Of which they cannot be de
MED, unless it be done by competent author
ity and for the public good
The undersigned are of the opinion that
the closing of Main street through the Col.
lege grounds would do great injustice TO
the property owners on the street. and TINT
pecuniarily thousands of dollars would not
compensate them for this closing one of the
great commercial arteries of the city.
Aside from the policy of entering into
such contract. as the Trustees have pro
posed, it is contended ~ many legal gen
temen, that the city authorities cannot
make contract so as to prevent the city
from hereafter opening street through the
same grounds, and if the city now makes
such an arrangement rs the Trustees ask.
the College may with propriety hereafter
ask for large damages, whenever the street
shall be opened, and particularly if they
erect one or more buildings in the street, as
proposed by the Trustees.
The undersigned do not think that the
city Of Davenport already furnishes an in
stance of a private corporation blocking up
public street in the case of the Depot
grounds of the NJ & N. r. r. Co
Farnam street was not laid out when
that company purchased the Depot grounds.
nor was that part of the city laid out, and
Notwithstanding it was private property
then, and is now, we apprehend that when
ever the public necessities require it.
street will be laid through the grounds Of
the r. Il. Co.
In view of all the facts. the undersigned
are of the opinion land SO recommend to the
City CounciD that the prayer of the Memo
rial referred t. them, be not granted, and
that the action of the City Authorities here
tofore be not disturbed but that the ques.
ton be left with the Judiciary, where the
Trustees Of Iowa College have placed it
and that the Council request Messrs Cook
4 Dillon, who appear for the city in this
suit, to procure dissolution Of the Injunc
ton at once, if the same can be had, and
that the final decision be obtained upon the
merits OF the case, as soon as may be, and
in the mean time all petitions, remonstran.
ces and communications upon this subject
laid upon the table.
All of which is respectfully submitted.
! N s c.ssss Com.
Report Of minority committee on Memoir
al Of Trustees of Iowa College report defer
ring any further action till the judicial pro-
ceedings are ended.
On motion of Aid Bowling the majority
Report was adopted unanimously.
Aid. Ramming moved to print the major
ity report with the proceedings.
Carried.
Communication of Gas Co stating on what
terms they would supply the city with gas,
and the Committee recommended that the
following proposition be adopted
Or the company will furnish the city gas
for the public posts at So per month for
Twenty-one hundred and fifty hours per
year, or six hours per night, for burner
that consumes five feet of gas per hour
The City are to pay equivalent to the wa.
ges of one suitable man to light and extin-
guish, wash and keep the lamps in order,
for every one hundred lamps or in that pro-
portion.
The city shall pay all the expenses of re-
pairing all lamps and posts that shall be in
jured by storm, accident or any other inju-
ry over which the company has no con-
troll.
The Company shall employ and control
the man who lights and -extinguishes, and
also shall be bound to attend to the public
lamps.
The Company shall be regulated as near
as possible, by the hours OF the Cincinnati
time table, for lighting and extinguishinc
the said lamps.
On motion Of Aid. Sears, the Mayor was
ordered to contract with the Gas Co in ac
cordanee with the proposition.
Committee to confer with Mr. Newcomb
and others ask further time
Granted.
Committee to procure some one to take
charge of Hospital made a verbal report
stating that some propositions had been re
ceived, and ask if there are any further in.
structions