Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-07-23
Froooodkn6o q the C1sy C0uncll
ADJOURNED MEETING.
Council Chamber. July rs, 1857.

| Council Chamber. July as, 1857.
rREsENr
His Hon. the Mayor, Gro. b. SAssKxr:
ALDERMEN:
LIST Ward, Cannon, jennings,
I'd Smailield, Ramming,
| Sd t. Bowling, yollstedt,
4th !" Forrest, Washburn,
5th lie Claire, O'Brien
9th Sears, Guy.
Minutes Of last meeting were read and sp.
proved.
| Report of Committee to whom was re.
ferred the report Of the City Engineer, re-
port and recommend that the contractor be
required to fulfill the contract before accep-
lance Of the work.
| Report of Committee on communication
OF Brayton& Boies' report and offered the toll
lowing Resolution:
| Resoloed. That the grade on Gaines street
be established according to the profile pre-
pared by the City Engineer, as far as Locust
street, and that b. d b. be allowed to grade
said street as far Ms Ninth street, and also to
grade Eighth street in the immediate Wei
nifty Of Gaines, 50 as to make it passable,
the earth so taken from Gaines and Eighth
streets to be deposited in the hollow north
Of Ninth street, as the City Engineer may
direct.
| L ! H k ss.rs, oom.
Aid Forrest moved to amend by inserting
18th instead of 9th-lost.
Report adopted.
Committee on Petition TO open 10th street
offered the following Resolution:
| Resoiced, That the Street Commissioner
be ordered to improve said 10th street. 80
that wagons can pass from Iowa into 10th
street
Davenport July 22, 1857.
A. SM,LLFIEIp,
+. NOLLsTEDT, Com.
EDWARD JENNINGS,
Adopted.
Report Of Committee on petition to alter
grade Of Perry street, recommended that
the City Engineer be instructed to alter the
grade 80 as to run straight line, commen-
cling at the present grade in centre of 18th
street and thence to the middle of 18th st
as present grade, and thence on straight
line to the middle of lith street, making
cut at that point of five feet instead Of sew
| en- and half and thence on n straight line
to the North side of 18th street, where it
intersects the present grade
JOHN FORREST,
]. II. SEARS, Com.
H. RAINING,
Report Of maj. Committee on Memorial
| Of Trustees Of Iowa College report as fol-
lows:
The undersigned to whom the Memorial
| Of the Trustees of Iowa College in regard to
Main street was referred, beg leave to make
the following report:
That they find that the whole matter of
the necessity and expediency of opening
Main street was thoroughly examined by
the City Council in May, 1855, at which
time there We're petitions for and remon-
strances against the opening of said street
and the City Council decided that the pub
lie interests of the city demanded the open
ing Of said street. and accordingly the Coun-
ell on the 9th day of May, 1885, passed an
Ordinance for that purpose.
See Revised Ordinances, page AS and 46,
and Records of the city.
In pursuance of this Ordinance steps were
soon after taken to survey said street,
Plat Of such survey was made and Com
missioner appointed to assess the damages
to parties owning the land proposed to be
taken for the extension and opening of the
street
From these proceedings the College ap-
pealed to the District Court on the question
of damages. The City Council by the City
Charter is to be the sole judge whether the
public interests and the convenience of the
citizens require the opening or widening of
public street. This question the City
Council have heretofore decided, as regards
the street in question, and we believe pro-
perly, by ordering the street to be opened
and damages assessed
| When steps We're accordingly taken to
| open and work the street. Iowa College APP
piled for and obtained an Injunction against
the working of the street, until the legal
question involved in the appeal, should be
determined by the Courts.
The city Of Davenport contends in this
suit, that there is now and was at the time
of the purchase Of the College property $50
called) forty (io) feet street running
through the same, which is still an open,
unvacated and public highway, to use and
travel which the public have an undoubted
right, but the exercise Of such right is OBJ
structed in consequence of the same being
fenced across by the College
The College Corporation denies the exis-
tence of such street. and claims that it was
vacated prior to their purchase Of the pro-
perty.
This most material question as well as
the others are all embraced in said suit, and
in the opinion Of the undersigned can be no
were 90 well adjudicated and settled as by
the laws of the land, and by the Courts
whose jurisdiction and process the College
have in this matter invoked
The undersigned however beg leave to
add that in their judgment there is no
doubt whatever. that there is now and was
at the time of the purchase of said grounds
by the College an open and actual public
highway, 40 feet in width, running through
the same.
So far then as said Memorial asks the city
to withdraw its action, respecting the open
ing Of Main street through the College
grounds, and to secure the College against
the renewal, your Committee are firmly Of
the opinion, that such course would he
highly injudicious, and that the matter
should be left to the determination of the
Courts, in the injunction and appeal suits
which are now pending. In regard to max