The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-10-15

IL ~ WIN hhoHi mat tue prlnclPdi Fio-
Esrty-h0blcrs 10 the blocks fronting on Rob
ert street, have refused to pay the certif-
Gates issued b. the Street Commissioners Of
the Second Ward to the contractor for the
construction Of the large sewer in Robert
street, and have notified the public Of this
refusal, and u their purpose 20 resist any
attempt 10 collect thesc certificates at law.
1t appars from tn" publication in Wed.
vselay's M,""eso,ion, that the City Attor-
ney, some time ago. and prior 10 the issue
Of the certificates, furnished these Street
Commissioners with his opinion averse to
the legality Of thesc certificates, AMI OF
the mole Of assessing the cost Of this sewer
which has been adopted by thu Commits
sioncrs and which furnishes the basis of the
issue of the certificates. II will I've r'rnem-
bred that some eight weeks or more ago,
remonstranec and protest, signed by all the
principal property holders interested in this
assessment, was presented TO the Common
Council against the mode Of ass ssment
adopted, and the issue Of the certificates in
accordance herewith.
We barn that prior 10 the presentation
Of this protest, the question OF the legality
Of the proposed assessment for the construc.
ton Of this sewer had ben submitted by a
portion Of thu property holders to LOREN
10. ALrIs, Esq, and that this gentleman
then gave his opinion that the assessment
would bc illegal, AMI that the certificates is
sued upon the basis Of that assessment could
not be collected of the property holders
charged. The protrs, and remembrance re
fcrred to was then prepared and presented
to the Council, and Mr.. ArIIs was formally
retained by portion Of the property
owners, for thu purpose Of resisting the
collection Of the certificates should they Ike
issued.
This gentleman il well known as an able
cautious and skiliul lawyer, and his opinion,
fortified ~ it now is by the opinion Of our
learned City Attorney, Suggests that it would
be the better part Of wisdom, as well as 0
justice, for our city Fathers to er.deavor, at
once, "a put the asS ssmcnt for the expense
Of this sewer upon legal basis, and thus
save il possible, all parties the expense Of a
yexatiOus litigation, and at the same time
protect the interests of the contractor who
doubtless has acted in perfect good faith in
the matter, and who should not suifr from
the errors of others. We trust that the mat
ter may he Immediately arranged satisfac-
torily to all thr parties concerned.
We ought, in this connection to state to
prevent misapprheusiop. that the question
of the sewer dos not stand, in the opinion
Of the legal gentlemen referred to, as We are
informed. upou thu same basis rs the street
grading, We learn tina, Mr.. ALLIs has adj
,isci Mcssrs. McCoNB AMI MILLER, con
tractors. that tho certificates issued for the
grading of St Anthony aud Third streets
can bo collected oi the owners of the lots
assessed and il W. are not misiniormc1 thu
City Attorney cntcrtaino ,bc same views
Suits have already or are abou, To be- com
mcnced by contractor McccNp, arais,
some of the property owners on ~. Anthony
street, upon the certificates issued