The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-04-14
Council Proceedings.
REGULAR MEETING, April 4, 1870

/ IIeStuI--1layUT ROUllcoH, hiU' WY oA
Sim mons, Nichols, McDermott, Cafferty
English, Quigley, schend and schoffen.
Minutes of last meeting read and approved
Committee on Pauper Affairs reported thai
they had examined the report of Poor Master
and found same correct. Report accepted and
ordered placed on file.
Judiciary Committee made the following
report on the petition of E. G. Runals and
others, in regard to sidewalk tax on the
Whipple lard north of Cemetery.
The Judiciary Committee to whom was
referred the matter of the petition of Eli G.
Runals and others in relation to a sidewalk
tax &C., on the west side of Prairie Avenue,
beg leave to report that they have investiga-
ted the matter, and find the facts to be as
follows
That at special meeting of the Common
Council held on the I'd day OF January, 1865.
Alderman Petit offered the following resell
ution which was unanimously adopted, " Re
solyed, That speciai committee OF three con-
sisting of his Honor the Mayor and Aid. Head
and Grant, be and they are hereby appointed
bonds ot the Kenosha, Rockford and Rock
Island Railroad Co now owned by the City
r, NJ Whipple & Co., or others, on the fol-
lowing terms: Said r. NJ. Whipple d Co
or others to pay into the Treasury of the
CITY the sum of $1,000 and execute to the city
a good and sufficient deed OF a certain piece
of land lying between the City Cemetery and
Kenosha Street, and also to execute bond
10 be approved by the Committee that with.
in the period of = months, said R. M. Whip
pie g. Co. shall either pay to the City Trea
surer the further sum of $4,000 or returs said
that if the said R. M. Whipple
& Co, shall use or be benefited
by the possession of said bonds in a settle
ment with the N. w. R r. Co., then he shal!
pay to the City Treasurer the sum of $4,000
The Committee have been unable to find
anv evidence that such bond was ever eXrcu-
ted, submitted to the Committee, or received
by chem.
AT subsequent meeting of the Council to
wit, on the 9th day of February. 1865, Aid.
Head was instructed by resolution TO invest
the $1,000 in seven thirty US. bonds and de-
posit the same with the First Nat. Bank OF
/ Kvnosha, subject to the order "f the Common
Council On the 18th day of April, 1865, u
deed from r. NJ WhIppe was presented to
the Council for the land lying east of the
Cemetery, and west of Kenosha Street, and
was referred to the Mayor 70 be perfected
and recorded.
Your Committee are informed that the only
imperieciion in the deed vas the neglect of
the glantor to attach the proper Us. Reven-
ne stamp to the same Nevertheless the city
went on and took possession of the land SO
decided, fenced, lotted, and plated the same,
and have since sold lots thereon for burial
purposes as regards the $1,000 invested and
deposited as above set forth, your Commit
tee, in the absence of any information or tes-
timony to the contrary, do not entertain D
doubt but that the same has been long since
used by the City
has appropriated and used the funds SO in
vested and deposited. coupled with the fact
of their taking possession of the land pur
chased of Waipple, it appears that the City
realized from the sale OF The R.R. bonds re.
ferred to, the sum of $l6O. besides the price
of land decided by Whipple to the City, which
at fair valuation, your COMMITTEES believe
to be worth the sum Of $500, making in ALL
as the net proceeds of said bonds, the sum
of $500
That at Or about the time OF the sale OF
the r r. bonds to Whipple as above set
forth. the Railroad was about being sold on
the first mortgage bonds, which sale would
have foreciosed all the equities OF any sub
sequent encumbrance, and but tor the sale
TO Whipple at that time the City never would
have realized one cent for its bonds How
much. if anything. Whippe or Whipple & Co
made out OF the bonds in their settleme.
with the NV r r. Co, who became the pur.
chas-rs OF the Road under the sale upon the
first mortgage bonds, your Committee have
no information upon the subject, nor do they
ct this time deem it material whether they
may have realized more or less, as the occu.
patton of the land conveyed by Whipple and
the subsequent use and application of the
money received of hi4n, is in the opinion of
your Committee waiver of all claims against
him for any additional amount.
We have deemed it proper to thus set forth
the facts and circumstances of the sale of the
second mortgage R.R. bonds by the City, and
the amount received for the same in order to
| fully comply with the resolution of the the
| Council referring the matter to US. SO
| Now as regards the side walk tax from
which the petitioners ask to be relieved. your
Committee would state that they have ex-
amined the record Of the Council in relation
to the matter, and have been unable to find
any petition from the lot owners for the lay
ing OF said walk or any authorizing the lay
| ing OF the same south to the City limits.
| The only record in relation to it, your Com
mttee have been able to find is, that at a
meeting of the Council on the Oath of March,
1855, the Street Supervisor was ordered to
notify the lot owners on the west side oil
Kenosha Street to build the sidewalk on said
street south to the City limits. If this should
prove to be all there is Of records in relation
to the action of the Council upon the mat.
the laying of the sidewalk in question was
unauthorized by law, and that consequently
| the tax levied for its construction, illegal
| and voidable. 4St#EBk%t&8& 3 70
But aside from any legal question in regard
to the matter, your Committee feel to rely
upon the manifest justice and equity in the
premises &c., recommend that the prayer oil
the petitioners be granted for the following
reasons: 1 RH
! First. That theresis not single inhabit
ant residing upon the lands upon which the
tax is levied. nor beyond, within the City
limits; that the lot Of land aforesaid lies If
the valley Of Jerome Greek and is unsuitable
for building purposes, and there is no prob
ability Of it ever being wanted or occupied
| az such. TEk
| Second. That aside from its being ben
| eft to the owner or owners of the property
| in question your Committee in view of the
/ In which coid al L. hr,il IN