Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-08-09


Kelly & Upper, SO; F. Knauft, Is cents;
Tom HanIey, 80; Harnish & Co., $500; r.
81. Kelly, $12O; N. w. Fuel Co., $40.
By Board of Health
7. Brady, $500; J. Trotter, SO; A. Rich
ter, $500; VIM. Doris, so cents; B. O'Con-
nor, $26.0O.
By Board of Public Works
Estimate No. 8, Rice street sewer,
81, 1885. (See order.) Engineers pay
roll of inspectors for June and July, 1878,
$324.0O.
Special Police Pay Roll, $4,000.
Allowed and referred to Comptroller.
Of Committee on Streets
On NJ. Skelly's claim.
To the Honorable the Common Council of the
City of st. PAUL.
GENTLEMEN: The undersigned to whom was
referred the claim of Michael Sicily for dam
ages on account of water running under his
dwelling on Walnut street, il. the Fourth Ward,
and proposed ordinance appropriating one
hundred dollars for settlement of his claim,
respectfully report that they have carefully
examined the premises.
That Mr.. Skelly's house is built over an old
ravine, through which the water has always
flowed in times of heavy rains, although in or
ninary times when there have been no rains the
water does not flow there.
That Mr.. Sicily in building his house at
tempted to provide for this flow of water by
constructing covered drain through the bot
tom of his cellar, but constructed the same SO
small that in times of heavy rains he water
overfows the drain and fills his cellar. That
MIR. Sicily claims that the city has caused him
damage in this, that it was built or permitted
to be built sewer under the house of Nathan
Myrick, Esq, into which it has permitted the
IL !
a residence owned by Mrs. Joseph Wheelock to
be SO turned that it must flow into this rayine
and that this sewerage mixing with the water
fir m the rains lis carried int his cellar and as
it dries away creates stencil in and about his
cellar.
Your Committee have been unable to find
any evidence that the City of st. Paul ever
built or permitted the building of the sewer
under the residence of Mr.. Mvrick, or that the
city was in any way party to the connection
of that sewer with the house of Mrs. Wheelock,
and while we are of the opinion that if the city
has turned its sewerage upon the gror nds of a
private citizen it should pay him for the dam
age that may result therefrom, it see s to US
tnat in this case it is not the city who is liable
here, but that the private citizens who have
turned their sewerage into this ravine, and
have thus polluted the waters, are the ones who
are liable, if any one is, for this injury.
There is this further consideration in this
The ravine upon which this damage is
| claimed extends across the lots of private
citizens from point about halfway between
Walnut and Chestnut streets, on Fort street, by
circuitous course to the Mississippi river, and
| this polluted water, in times of heavy rains,
flows all this distance, and if the city is liable
to MIR. Skelly here. we see no reason why it
| would not be to other citizens across whose lots
this water flows.
| Further, the damage for which we should pay
Mr.. Sicily now, will be repeated when the next
| heavy rain comes and fliable at all, we should
be liable again often heavy shower OF
| Cured.
| For the reasons above stated, we cannot
| recommend the passage of the ordinance, but
| we recommend that the claim be disallowed
and the ordinance be not passed at present.
| But as Mr.. Skelly still claims that he can
show that the city built, or affirmatively per-
mitted the building of said sewer and affirma-
lively permitted, and approved, the turning OF
the water therefrom into this ravine, we should
be willing to recommend the passage of the
| proposed ordinance, if at any time Mr. Sicily
can prove these claims.
JOHN DowLAN,
| Chairman of Committee.
Adopted.
Of Committee on Licenses
A. Spangenberg be transferred to John
/
Adopted.
Of Committee on Ordinances
| The Committee on Ordinances to whom the
within resolution was referred, respectfully
recommend that instead Of the same the reso
luton herewith presented be adopted.
WALTER Fl. SANBoRN,
Chairman Committee on Ordinances.
Adopted (See order).
REPORTS OF SPECIAL COMMITTEES.
! On communication from City Engineer
on the extension of Ohio street.
Referred to Aid. Dowlan, Grace, Mccarthy
Allen.
| The special committee to whom the within
| communication was referred respectfully repor
in favor of the purchase of the right of wa,
required for the extension of Ohio street to tn
Dodd road, provided that the same can be OBJ
/ tanned at a price or sum not to exceed $l5A
payable out of the fund applicable to the i'm
provement of roads in Dakota county, and tina
/ the communication be recommitted to the salt
committee with authority to make the pur
chase. Your committee see no other course Il
pursue, az the right of way required is outsd
| of the city limits and it is important to tn
Dodd road--as opening up another highwa-
leading into the city. JOHN DowLAN,
Chairman Special Committee on Dakota Count
Roads.
/ Aug. 3. 1878.
Adopted.
/ ALDERMAN ALLEN.
Of Committee in charge of Work House
Reported $685. worth of rock sold Il
contractors during the month of July.
Accepted and referred to Comptroller tt
collect of contractors.
Of Aldermen of First and Fifth Wards
On petition of G. V. Smith for permission
to slaughter in Dayton's addition.
Referred to Aldermen of First and Fifth
Wards, July 16, 1873.
| Your committee to whom was referred tn
petition of Peterson & Co, asking the privileg
of slaughtering beeves, etc., in Dayton's add
/ ton, respectfully report that they have exam
/ ined the premises on which said Strengthening
asked to be performed, and find that it is loca
ted in the midst of private dwellings,; there
fore, your committee report adversely to tn
granting of the petition.
/ JOHN DowI.AN,
| a. ALLEN,
| VIM RHODES,
| Fl. M. SMYTH.
4 Adopted.
OF Aldermen of the Fourth ward
On estimate No. 2 and final. Cistern, cor
r IT