Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-08-24
BOARD OF PUBLIC WoRKs.


I cellaneOus Business.
The board of public works held regular
meeting yesterday morning, all the members
present. The first business taken up was
the
JACKSON STREET PAVEMENT
matter. Mr.. Mcleod, who has recently Sc
cured the right to lay the Stowe pavement in
this city and Minneapolis, appeared be-
fore the board, and submitted papers show
ing his purchase, in connection with which
he made the claim that the contract to Capt.
Starkey was void from the fact that he had
no right to use the paving specified in the
contract.
Mr.. I. V. d. Heard, counsel for Mr.. Star
key, who was present, submitted that the So
called Stowe patent was not legal or bind ing;
that it had already been so declared by the
district court of Illinois, in suit brought
by the city of Chicggo, but that to secure
the city beyond possible loss, Capt. Starkey
was ready to give an Identifying bond in
such sum as the board should require
President Rice was not sure the board
had the power to accept such indemnifying
bond, and desired the presence of City At
torney Murray.
That officer being called in and the point
being submitted to him, he decided the
board could take no such bond. The United
States supreme court had to pass upon the
question of the process being patent. The
charter provided that in all contracts
in which patents were involved, a license
for use of the same must be filed with the
city authorities. Consequently, if the
supreme court should reverse the decision of
the lower court, the result would be that the
assessments for the work would be an
nuled
Mr.. Heard did not like to differ with Mr..
Murray, but he thought he was in error
The charter expressly provided that any
error made by the authorities in the letting
of contracts could be remedied by re-
assessment.
Mr.. Becker, without having examined the
law, should not think Mr.. Murray's ruling
correct, but he was the law officer of the
city, and he should be governed by his ruling.
Mr.. Murray held that it would be unwise
for the city to inaugurate possible litigation
with that provision of the charter in force
Capt. Starkey- Chicago did not hesitate to
do it, and it was his experience that it was
wisdom at times to take such step.
President Rice called attention to the fact
that the duty of the board was simply ex-
ecutive-the city council being the final
power.
Mr.. Becker wanted to knowif Mr.. Patchen
filed license before executing his Third
and Robert streets contracts.
City Attorney-Yes, and claims to have a
license covering the proposed improvement.
Mr.. Starkey said he desired to have it I'M
derstood by the board that he claimed there
was no legal patent for the so-caled Stowe
paving; that he was ready to perform his
contract, and further, that he stood ready to
enter into bond indemnifying the
city for any loss that might be
sustained by questioning his claim.
Mr.. Murray did not believe such process
could be legally patented. But patent had
been issued and recognized, and until it was
declared void by the supreme court, the city
could not use the process without first hay
ing license filed as provided in the charter.
Gov. German, his predecessor, had recog-
nized the patent, and required the license to
be filed.
Mr.. Becker asked Mr.. Starkey if he had
hopes of securing UGH license.
Mr.. Starkey replied that he had not, but
he would like to have the board postpone
action, at least until Mr.. Stowe G; uld be
NldVOr
Dawson.
Mr.. McLeod-Mr. Stowe can do nothing.
he has disposed of his right SO far as this
city is concerned to me, and l appear as his
trustee.
MIR. Becker thought the matter had better
be postponed, as it would not be wise to
commence work now until after the State
fair.
In answer to an enquiry, City Attorney
Murray stated that Mr.. Patchen was the
next lowest bidder to Capt. Starkey, and that
he had desired to be informed, should any
thing occur by which Capt. Starkey's CON
tract should fall through so that he might
come in and qualify and do the work.
Upon Mr.. Becker's motion the matter was
then made the special order for the next
meeting of the board, he taking it upon
himself to communicate with Mr.. Patchen
as to the situation of the question.
COMO AVENUE.
The clerk was instructed to advertise for
bids for the grading of Como avenue from
Rice street to the southeast corner of lot 8,
Como avenue.
CEMENT PIPE.
,Messrs. Durham IL Jones, manufacturers
of cement pipe, petitioned the board to en-
dorse the action Of the chamber of com
merce, and to recommend it's use in the
sewerage of the city. Referred to Mr.. Becker,
of the Fifth ward.
MISCELLANEOUS.
A petition of citizens of East Seventh
street between Wacouta and Rosabel streets,
asking for the closing of the gutter along the
west side, was referred to the engineer.
The engineer was also instructed to con-
fer with the health officer in reference to
steps necessary for the removal of the NUS
ance connected with the Wabashaw street
sewer, corner Tenth.
Ihe matter of constructing sewer along
Tenth street, from Wabashaw to Cedar, and
along Ninth street from Wabashaw to a
point ITO feet east of Wabashaw, was re-
terred to the engineer for plan and estimate.
The modification of the council in the
grading of Willius street, from Fourth to
Seventh street, concurred in.
The matter of a sewer on Fort street from
the Seven corners to Douglas street, was re-
ferred to the engineer for plan and esti-
mate.
The petition of w. D. Cornish for the
opening of Portland avenue was referred to
the engineer.
Ihe matter OF widening North street from
the east side of lot two, Irvine's outlots was
referred to the Fifth ward member. Also
the matter of an alley twenty feet wide
through block twenty seven, st. Paul proper.
The clerk was instructed to give notice of
confirmation of assessments for sidewalks un-
der the contract of Henry Jenson, awarded
April u.
A protest of Nichols d Dean against the
opening OF the alley in the rear of their prop
ertY on Third street. corner of Sihlau was