The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1870-03-23
Council Preceding.

-1P@NG@AA ~ -heAANAA - 4CAOs
Council met pursuant to adjournment.
Present-Messrs. Worley (Prest) Lin
deman, Myers, Saxton and Schaefer.
Minutes read and approved
The report of Mr.. Trout in the matter
of allowing Mr. Held Sl30 damages, pen
ding when council adjourned last Monday
was accepted by council.
CLAIM PETITIONS.
The following petitions were referred to
committee on streets and alleys.
From Thomas Patton, claiming $1,000
damages, IN case Seventh street Is opened
westward through his promises.
From Henry Eshelman, claiming $1,000
damages To his premises by reason Of the
excavation of Tenth street.
From St. Peters (German) Catholic
church trustees, asking for the appoint
ment ola disinterested committee to view
the church premises, and for said commit
tee to say whether or not said property
has been damaged by reason of the grade
Of North Poplar street.
Mr.. Myers, from committee on streets
reported that w. c. Thompson had con-
formed his addition to the requirements
of council, the same were accepted, and
that ordinances be drawn confirming and
dedicating the same to the city.
From same committee, reporting that
the city solicitor draw up an ordinance
requiring residents to pave on the south
side of Fourth street from Cherry street
to railway. Accepted.
Mr.. F. ]. Lindeman, member of coun-
ell from Fourth ward, rendered his resig-
nation, to take effect on the first Monday
of April next Accepted and filed.
From Mr.. Myers, committee on streets,
in favor of permitting Messrs. Werts &
King to empty carts from the excavation
of their new building on Seventh street,
where the same is low and needs filling.
(Mr. Wyant came in and took his seat. }
Mr. Preyer's altered addition was re-
ceived and accepted, and city solicitor in
structed to draft an ordinance confirming
the same.
Mr. Shimp came in and took his seat. }
To amend an ordinance to permit the
Canton Gas Light and Coke Company to
light the city with gas. Read first time.
To establish the grade of Walnut street,
having been previously read the third
time, the same was taken up.
(Mr Hawk came in and took his seat }
The question being upon the final pas
sage of the ordinance, the same was post
pOucu iii uCAJ lllGtblAlk " GAdlllllC
To provide for the payment of the amt.
Of assessment for property appropriated
for the extension of North Walnut street,
also bill with the same title for the ex-
tension of North Plum street. Read the
first time On motion of Mr.. Schaefer
the rules be suspended and the ordinances
read the second and third times. On
motion of Mr.. Wyant, that action be post
poned two weeks. Lost.
Mr. Saxten pronounced the whole pro-
ceeding of the council as illegal, as en-
bodied in the respective ordinances, and
arraigned three of the members whom he
considered disqualified by law to serve
as trustees. The President called Mr.. Sax
ton TO order, declaring that he (Saxton)
had no right to be the Judge of the quail
fcatiou of members when the same was
not before the council. Mr. Saxton dis
sented. and asked that the decision of the
President be put in writing and entered
upon the journal, which was done, as fol-
lows
Mr. Saxton proceeding 10 discuss the
right of members of council To vote upon
these ordinances, ruled him out of order
on the ground that the council We're Judges
of the qualification al their own members
and he had no right to arraign them as
not being members of the council until
il was so decided. To the above Mr. Sax
ton dissented and continued his remarks
in opposition to the requirements of the
ordinances. Mr.. Schaefer replied to Mr.
Saxton, explanatory of the leading pro-
ceeding already had, and was convinced
that they were according to law.
On motion of Mr.. Shimp, that the previ-
Gus question be now put without debate.
carried.
Mr.. Saxton demanded the yeas and
nays, resulting 6, nays ,, Saxton
and Wyant voting nay.
Mr. Saxton raised the question whether
Messrs. Worley, Hawk and Schaefer were
members of the council.
The President again ruled Mr. Saxton
out of order.
The ordinances were then read three
consecutive times after suspension of rules.
Mr.. Saxton again raised the question,
as to whether Messrs. Hawk Worley and
Schaefer are members Of the council un-
der the municipal code, those gentlemen
constituting the board OF trustees OF water
works, and wished the same entefed on
the Journal Lost a vote was then ta-
ken and the ordinances finally passed.
To vacate part of Prospect street, near
C. Aultman 4 Cos works was taken from
the table and finally passed.
On motion Of Mr.. Wyant, that a street
be opened from Tuscarawas to Seventh
street, cast Of Cherry, agreed to, and the
solicitor instructed 10 draft an ordinance
to provide for the same.
Hartzell and Saxton, for printing, Sl26,
referred to committee on claims.
Mr.. Stabler asked for some subsoil on
Third street for private use. Referred to
committee on streets.
Mrs. Jos. Meyer, by solicitor, asked the
council if they wished the dirt IN front OF
her premises, and if so, they coOld have
tha same by taking twas referred to
commitLee on streets and alleys
The matter Of Strengthening High, Pros
peet and Cherry streets was referred to the
solicitor to amend ordinance in conformity
to the decision Of Messrs. Hawk a9d Sax
ton, special committee. The committee
recommend that the vest line he changed
to run further east, so as not 10 interfere
with Mr.. DOyle's residence.
Mr.. Saxton, from committee on gas, ex'
pressed himself in favor Of having the
meters placed in the posts-a new nven-
ton. Referred 10 committee on gas, alse
the propriety OF having the policemen
light and extinguish the street lanterns
which was referred to same committee
when the council adjourned