Daily globe., 1879-03-24

IS asked for by a petition of majority of the
owners of property to be assessed therefor, and
we herewith send q plan or profile of said i'm
and an order for your adoption. if
you desire us to make the Improvements.
II. NJ. RICE, President.
Clerk of the Board of Public Works.
Yeas-2. Nays-Nore.
Adopted. (See order.)
Of same
Recommending the passage ef refunding
order for the redemption of Il. 3, B. SO, /.
of r. & I. addition.
Adopted.
Of same
By the President, HI. M. Rice, accounting
for contingent fund of 800 placed in his
hands.
Referred to the Committee on Public Ac-
counts.
Of same ..-s.tse
Asking for an appropriation of 5000 for
clerical assistance.
One hundred dollars allowed.
Of same
Transmitting petition of Alvis Neuer for
damages in the matter of opening and wild
ening Western avenue.
Referred to the Aldermen of the Fourth
Ward and the Committee on Streets
Of same
Presenting certified copy of judgment
in the matter of the second e-assessment fol
opening and extending Seventh street.
Accepted and placed on file.
REPORTS OF STANDING COMMITTEES.
OF Committee on Claims
j. Martin, 5000; White, Stone & Co.,
SS76.43; St. Paul Gas Co., $675.6O; Smith &
Lewis, $11; J. King, $225.55 j. B. Olivier
$3.50; j. Davenport, $500; J. Cramsie
$25.86, allowed and referred to Comptroller
E. Langevin, $26.49, referred to Board o.
Public Works.
Of Committee on Streets
On grade of Fourth and Fifth streets, be-
tween Hoffman and Maria avenues.
To the Honorable the President and Common
Council of the City of St. Paul
GENTLEMEN: The Committee on Streets, Sew
ers and Bridges, to whom was referred the pc
property owners on Fourth and Fifth streets
in the Fifth Ward of said city, asking that tht
grade of said streets, between Hoffman ant
Maria avenues, be restored to the line as origi
nally established in 1S73 with the protest
A. Gotzian and others, demonstrating agains
any change from the grade of 1876, togethe
with the report of the Hon. George L. Becke
to the Board of Public Works. on the same sub
ject, respectfully report:
That on the 11th inst. they held meeting al
the City Hall for the purpose of the considera
tion of the several matters connected with sal,
reference, having previously given motto
to the petitioners, as we'll as thes
demonstrating. that they woul'
be heard by said committee, at which meetin
Messrs. Bott, Dillon, O'Farrell, Casey, Twyfor
and others. representing those who desired
oharO hoCk tn do
Messrs. A. Gotzian, MUNICH, Merrill and O'Neil
and others, on behalf of those who preteste
against any change whatever, were present, an,
heard That after an investigation of all tn
| facts which came to the knowledge of you
committee,
| They find that on the 10Th day of July, 1875
| the Common Council established grade o
Fourth and Fifth streets, between Hoffman an
| Maria avenues, in the Fifth Ward of said city
which was easy enough of ascent with an OF
| dinary load, and one and half foot less to tn
| hundred than that on Ramsey street.
Afterwards, and on the 14th day of Novem
ber, 1876. the grade was changed at the reques
| of majority of the owners of property O
Fourth and Fifth streets, between Maria an
| Fourth and Fifth streets between Hoffma
| and Maria avenues, as far as public use wa
| concerned, except as a pathway for person
| travelling on foot. Those who now complain q
that change had the right of appeal to the Di
| trict Court of Ramsey County from the actio
or expediency Of such change of grade, as we
as all other questions involved in it, could ha,
been inquired into. It is to be regretted tn.
no one did appeal, for in that event, if tt
Common Council had acted hastily and withor
due consideration of the question, it cou]
then have been corrected without much expens
It is claimed. however, that they were misle
by the friends of the change of grade, who
all times represented that it was only a ten
porary change, and that whenever the owner
along either of said streets desired to ha,
them graded to the old grade line there woul
| be no impeachment in the way, and that the
| only discovered their mistake when the Boar
OF Public Works gave notice of an assessme1
for benefits and damages by reason of tt
change: Those who procured the change
| grade claim that there was no misrepresent
tion, that due notice of such intended chang
was given by publication in the official new
| papers of said city for three successive weeh
of the time and place when tho Council wou]
consider the same; that some of the petitioner
appeared before the Council and were heard
opposition to such change; that after sue
change the streets have been graded at a lare
expense to correspond to the new or change
grade, that the property owners along The iir
| thereof erected buildings and built stone wal
with reference to the new grade, and that the
| would sustain large pecuniary damage by th
restoration of the old grade. 1t is difficu
! question to determine just what to do and t
90 equal and exact justice to a
the parties in interest-for the preser
it would seem that the grad
as changed is the proper grade, and as grade
adds considerably to the beauty of the hill-sid
Oh the eastern slope of Hoffman avenue, as ais
to the appearance of the property abutting O
| Fourth and Fifth street between Hoffman IN
Maria avenues, if St. Paul is finished-or eve
double her population-and then stop her il
crease, there is no doubt but the street facil
! ties leaning out of the city eastward are ampl
sufficient: but if we take into consideration th
| fact that north of Seventh street there is n
| continuous line of street leading eastward bs
| yOnd the city, and that south of Seventh stree
! but one, that Third street-Fourth, Fifth an
Sixth being closed to public use; that St. Pau
has just begun to grow. and that at time NO
| many years in the future, On Dayton's blu
| and beyond will be a population equal in nun
| Der to our entire population of to-day. If thi
| be true, can we afford to close up one after ar
| other Of our great thoroughfares, as if we wer
| country village, satisfied with one mai
| street? And ss we write this report we call t
mind St. Charles, Madison, Monroe, Woodwar
and Mount Airy east Of Mississippi street
| that were vacated by the common council a
the request of some adjoining owners, and thi
| but few years ago; to-day they are needle
| for public use, and there is no one who al
tempts to defend the action of the commo
council in vacating them, except, perhap.
those who were personally interested in the W
cation. Fourth and Fifth streets betwee
Maria and Hoffman avenues are PRACTICAL
vacated as far as public use is concerned. Th
act has been consummated; the grade has bee
| changed. Shall the common council refuse
take action in the matter. and wait until i'm
provements aggregating hundreds of Thousand
of dollars in value shall have been erecte
along the line of the changed grade, and the
| be met with the absolute necessity of chang
to meet the public want and then orde
the change at the expense of the propert
along the line of the street. or shall the Con
mon Council order the grade restored to il
original line as fixed in l873 making provi
ions for the insignificant sum which may hay
already accrued as damages to the propert
| owner?
Your committee after careful considerable
of the subject, have come to the conclusio
that the best interests of large majority c
the property owners along the line of Fourt
and Fifth streets, as also that of the public, re
quires the restoration of the grade to where
was before the change in 1876. As to the tim
when it shall be graded-if the grade be II
stored-we leave to the property owners alon
| the line of the streets, or the future growth c
the city to determine. Years may elapse befor
this is required, as we understand that none G
| the nronertv owners desire tho stroat IN !,