Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-01-01

mOAVANAANOs OA1NOAxG
/ Committee on petition off. Kronbis -
further time.
| Granted.
Committee to whom was referred the Or
dinance granting to Geo. H. Parker Of con-
strueeing city railroad. were granted fur
I, ther time
Communicatioo Of the city Attorney h
relation to opening Main st., through tht
College grounds was read and ordersd
printed.
To the Hon Mayor and Aldermen of IL.
CITY Of Devenport.
In obedience to Z resolution Of your body,
herewith submit . statement of the action
which has been had, with reference to the
opening Of Main street.
The proceedings ON the part Of the city
for the extension and opsniug of this strest
recommended some time previous 70 my
election to the Office Of city AttosuSy-,
MesR& Cock q Dill0a being smploysd a
that time, by the Mayor to appear when
necessary, in behalf Of the city.
Early and active opposition TO the move
ment was made by the trustees Of Iowa
College. st whose solicitation. an injunction
was granted BY the Hon. VIM. g. Wood
ward. Of the Suprem Court, strictly res
training, and enjoining the city from further
proceeding with the opening of the street,
through the lands claimed By the college,
until the further order OF the court.
The cause was submitted to Judge Mitch
ell Of our District court at the June term A.
D. 1857, and it was by him decided, that :
street forty. (40) feet in width through the
lands claimed by the College, was already
established; and that 80 far as the injunc-
ton applied to said forty feet, the same was
Dissolved,
From this decision Of our District court,
dissolving the injunction, the trustees Of the
college appealed to the Supreme Court.
The city council believing that the order
Of Judge Mitchell by which the injunction
was disso!ved-warranted them in proceed
| ing with. the opening of the street, to the
width Of forty feet, by resolution instructed
the street commissioner to recommence the
work, with which resolution that officer
complied, but while engaged in the active
discharge of his duty he was summoned to
appear before his honor Judge Woodward
70 answer the charge Of having treated
with contempt an order of the court, in
other words he was charged with violating
the injunction.
At hearing of the matter before Judge
Woodward, who came to the city for that
purpose, the law and facts were ably pres
ented by Mr. Lindley in behalf of the city, but
the decision was adverse, it being held by
the court, that the appeal taken BY the col.
lege trustees, revived, and continued in
force, the injunction % first granted. and
that until otherwise decided by our Su-
preme court, the city could not in any man.
ner proceed. to open the street, or any part
Of it, through the land claimed by the col
lege. without violating the writ.
The college trustees being the parties ap-
pellant, should have sent up transcript Of
the proceedings Of our District Court, that
the matter might be heard and determined
by the Supreme Court at its y,resent Term.
| This they failed to do, and after waiting un-
til the lth day of the present month, appli-
| cation was made in behalf Of the City, to
the Clerk Of our District Court, for such
transcript. in order that the City might take
kthe cause to the Supreme Court, and oh.
ksin decree affirming the decision Of Judge
Mitchell.
With the transcript I have not as yet been
furnished
1t is believed that the city has clear and
unquestionable right to open the street for
ty feet in width, without the payment Of
any damages
fmay add that the College Trustees are
the only pa. ties who are now resisting the
action ofthe City. Very Respectfully,
G. s. C. DOW, City Atty.
Aid. Corbin offered the following Pream
BILE and Resolutions:
WHEREAS, When the Town Of Davenport
was laid out, parties purchasing property y
fronting on Main street, did so. with full
understanding that there was a street of
forty feet in width. extending north through
the track Of land now inclosed by Iowa Col
lege; That recently it has been decided by
the District Court of Scott County that such
street did exist, and that consequently any
obstruction Of the city; that from such
decision an appeal was taken to the Su-
preme Court Of the State, which appeal is
now pending, and
WmEREAs, Said street is central its use
of great importance not only to residents
along the street, but to people coming from
and going to the country, commanding. az
it does, the best grade at the expense oi
any street in the city. and
WnEREAs, The interests of both city and
country imperatively demand that the forty
feet be, at the earliest possible mOment,
thrown open to the public, and that the
street be widened, as heretofore ordered, to
an eighty foot street, and worked, and
WHERxAs, Nothing can be done until the
termination Of said pending suit against the
city His therefore,
Resolved, That the attorneys Of the city
Mesers. Cook, Dillon, and Lindley be re-
cure at the earliest possible day decision
favorable to the city, and TO this and We
desire them to spare no reasonable expenoe
| Resolsed, That should the decision Of th<
Supreme court (which is now In session at
Fort Desmoinss) be favorable to the city, th,
street commissioner is hereby ordered u
cause the same to be opened Immediately
to the width permitted by such decision
and If any person, or persons shall obstruc
the same> that he furnish the name, o.
names Of the parties 90 obstructing, to the
city Attorney, who IL hereby requested t.
prosecute all such offenders to the extent o
the law. s .M.&
Resolved, That II II should become neces
sary, in order to detect snd arrest the par
ty committing such offsnse, the commission
er is hereby authorized and requested 4
call upon the city Marshall for the appoint
ment Of one or more special policemen VII
shall be stationed at such place as the com
missioner shall direct, and such person, o
persons, shall continue to discharge the du
ties Of such policemen until discharged b,
the commissioner, or by order Of the cit!
Council.
Adopted.
Committee ON examining the books Q