, 1874-08-08

poeor Fox llod bill III tho Superior Court
yestoruhy to onjoin tho collection OF a tax for
paying damages to DO caused by tile proposed
opening Of milwaukee, avonuo from Doaplaines
and kinzie streets to tho corner Of Canal and
Vest Laho ntreets. According to tho bill, tho
Donrd of Public Works OF Chicago, III Juno, 1868
sent to tho Common Council report aud ordi-
nance for opening milwaukee, ayouuo to tho cor
ncr Of Lake and Canal strcota. The Doard
stated that they Ind examined tho coil
temp'atod improvement, and considered 1t
necessary and proper, mud recommended
TINT tho ordinance bo passed.. It was admitted
that the Improvement WAS mt asked for BY tho
owners Of majority Of tho property along tho
proposed route. Tho ordinance which WIS
passed by tho Common Council July 19, 1868,
provided that mn appraisal Of tho damages aud
reoompenHc duo tho ownora DO malo; TINT
s1G0, 00i.7U bo asscsscd by the Commissioners Of
tho Board Of Public Works on tho real eatato
really benefited, In proportion to tho bonofts,
provided TINT. in case The 9o-100 part OF the to-
tal damages and expenses should exceed or
fall short OF tho abovo named amount, tneu that
amount should bo inoroaBod or ]imipishod,a ,as tho
caso might be, 60 as to equal 90-100 of tho
whole expense ;l31 ,G25.35 was to be nsscasod aud
paid out Of the general fupd OF tho city. or out
Of tho proceeds OF q goneral tax, provided a1ao
that this amount bo increased Or diminished so
na to equal. tho 1-100 part Of the whole expense.
In October the Board Of Public Works filed IN
aasossmoht~roil showing the property tal,on, tho
damages, aud benefits aasossed. Tho assosa-
mont was required to he complete before it was
tiiod, bnt it was claimed chat snch was not tho
caae IN tho present Instance, ns tho Commission
esa faaled 70 show they had given loyal notice
Of tho timo and place Of their nittings
Tho assessment Wns confirmed and complain-
ant assessed ut $72o, wiliIo tho benoflts reault-
ing to him woro stated 70 DO s1.o71; A warrant
tlcso not being all paid, tho Assessor in Feb
r'1Rry 1889, applied for judgment against tho do
lnquonts. Compainant aud othcrs appeared,
aud objected on the ground that thoro had neyor
assesBment-roll had boon made; that tho aa-
sosBmont Ind not been legally confirmed;
TINT no proper notice had boen sivon;
a9na, 9d, lastly. Lastly, Il t9at H.. tue damageg to
exceeded tho bonoats. Tho objections wore
sustained. In July, 1863, tho Board sont an
other report or ordinance to tho Common Coun-
ell stating that the city had failed in February
preceding to r. obtain Judgment for balance
rncnt DO ordered. The now assessment was
mado, warrant issued, md In March, 1871. an
other application for judgment mado. To tllts
complsp,ant. a., objected. alleging tao former julg-
second nasoastnont WAS groasly irregular, md
honco void. rhoso objections woro also aus-
talnod.
was made, showing that tloro WAS still duo
I'll, ,8U2.4i. This was confirmed, n third warrant
issued, and application mode to the July term
last pnst OF tho County Court for Judgment.
Complainant apnoaEed aud filed moro objections,
claiming that no proper estimate Of tho OK
pousos had been made ; that tho report did not
show Ehat proportion Of tha expense should be
borno by private property, and whit proportion
by tho general fund; TINT the report also failed
to show that any notice required by low MAS pub
liHhod This application ia now pending before
tho County Court, and will probably bo decided
within thrifty days.
mon Council, while tliia third assessment WAS
ponding, On the Both OF June, 1874, made an ap-
preparation Of e10, 900 TOR the purpose Of open
Ing tlle above nunled avonuo. TlcEe is no mon
ey, FOX says, iii tho City Treasury to ineet such
general tax. II, loweyor. tbs third assessment
is valid, the amount will bo rniacd by special as
seAsmont, aud II it ia not tho city haA no right to
mako second appropriation, aa it Inns long since
paid up it's slaro, end is powerlcYs to give any
more.
Fox then proceeds to give eight now roaaons
why the Inst asacssmont il void, tho princpa! Of
which, besides those already mentioned, aro TINT
the last assessment was not made In tho Bamo
manner as tho first, because tho damages layo
not been aacerta.nal by jury because ho has
two Judgments in his fayor against the assess-
mcnts; and lastly, because tho assessment is
4llI1AH 4u4 tllO1p +0AI W Lub UlN1-
nnnce. Tho city. though it has condemned tho
land, is continuing to collecz taxes On it.
Within tho past four dayH the city authorities
have begun TO tear down tho bnil1-
ings on tho route Of tho proposed
street. and Eiyon complainant's tenants nokoo to
leave by tho 9TH, or last Wednesday, and inaB-
mitch as thcro iH n force OF about twonty mon
engaged In tho work, Fox doubts his ability to
oppose such number. Ito ohareos TINT Que OF
tho Commissioners. whose naulo, howoyor, is not
givon, exercises such inluence on tho othor two
Commissioners TINT he is able to control them
and make them go on with tho WORK. II the
work progresses. Complainant fears multiplici-
ty Of suita will result botwoen himself md
the laborera, and betwoon his tonanta mud him.
soil, his property bo irreparably damaged, and
great injury result to him. Wherefore llo praya
tlht an Injunction may DO issued against tho
Doar1 Of Public Works, perpctually enjoning
them from toaring theso houses down, 1T lcast
by virtue OF any proceedings heretofore com
moncod for such Apurposo. Tho inj junction was
granted by Judgo Moore, undor bond Of 50, 500,
to proycnt the city from tearing dow, complain
ants houses, or from paying $40, 900 for opening
said ayonuo, or loyyiug q tax to collect suoh
amount.
Chicago & Northwestern Hailway-Suu-
day Train.
The through Pacific Exprcha train for Council
Bluffs, OmalAa San Francisco and all other Far West
points, will leave tho Wells srcot depot OF the Ohicago
h Northwestern Railway at 1UIt g. H. Eunlny