Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-03-27
LOCAL INTELLIGENCE
THE BELGIAN BLOCKS.
Major Shenk's Answer to the Application
for an Injunction

The BELGIAN BLOCKS.
Major shenk's Answer to the Application
for an Injunction.
William Leaman, ESQ.,, and r. B. Risk,
ESQ.,, solicitors for the street committee,
have filed an answer to the application of
the mayor and Mr.. Millar for an injunction
restraining the street committee from lay
ing Belgian blocks on North Queen street,
until the necessary ordinance was passed
and the due appropriation made. The an
swer admits the correctness of the names
of the mayor and street committee, as
given in the bill, and of the laws and or,li-
nances cited. The following points made in
denial are the noteworthy features of the
defendants answer
We deny that by the 23d section of the
act OF General Assembly, approved April
5, 1867, =. L., 1867, page 7S3, the said
John I. MacGonigle, mayor, as aforesaid,
can, in his official capacity, invoke the
equity powers of the court to restrain the
action of the street committee acting under
the authority of the select and common
councils of the city of Lancaster.
We deny that the 9TH section of the act
of the General Assembly, approved May
%, 1874, p. L., 1874, page 23O, cited in
sixth paragraph Of plaintiffs bill has any
application to the matters complained of
in said bill.
We deny that the 18th section of the
act of Assembly, approved May 90, 1874.
and cited in the seventh paragraph of
plaintiffs bill, has any application to the
matters complained of in said bill.
We deny that it is the duty of the said
street committee of the councils of the
city of Lancaster to conduct and superin-
tend the expenditure of money appropri-
ated from time to time by the select and
common councils Of the city of Lancaster.
We deny that the said street committee
has incurred bills in excess of the appro-
priatiOn made by the select and common
councils for the repair and improvement
of the streets of the said city Of Lancaster.
except under and by virtue of the author
| ity and direction of the said select an
common councils, and for such wor : ),
the street commissioner was compelled to
do by law, under the control of the said
street committee.
We deny the allegations of the plaintiffs
as to the cost of laying the stone pavement
known as the Belgian block pavement, on
North Queen street, between Centre
square and and Orange street, being
| 5000 to the city of Lancaster. AS shown
| by the following report of the city regu-
lator, Col. VIM. r. Gerhart, and made
part of this answer, the estimates are as
follows:
| Total number of yards, 2,o5s.5 at $3.50
l5s feet crossing ut ST per foot. i5s 90
| Amount to be paid by proper
holders for 2s3 lineal feet
of house front at 81 per foot. $l.S0j G6
Amount to be paid by railroad
for amount between tracks,
2217 square yards, at $50
per yard. .................. 5l2 q
Total to he paid not from
city treasury $2,3l7 81 2,317 81
Leaving amount to be paid
The street committee estimates the
value of old material, crossings, &C., to be
used elsewhere in repairing the streets of
the city of Lancaster at $3.50, leaving the
actual cost of said Belgian block pavement
to the city Of Lancaster $2, ,11S,6S.
The city regulators estimate of cost for
digging up the square, reducing it to the
proper grade and macadamizing with
broken stone as heretofore, is 5000.
The committee has repaired this square
six times during the year, at a cost of
$3.50; the cost for one repairing between
Nov. II, 1879, and Dec, 1879, was $50. go.
The councils of the city regard all work
done on old streets, whether by laying of
Belgian blocks or otherwise as repairs, and
the street committee and street commits
sioners have been directed to make such
repairs accordingly, as required by ordi-
nance June 9, 1915, and ordinance of May
5, 1929, Section I, and ordinance of Febru-
ary 4, 1853, Section 3. North Queen
street was laid out when the city was first
founded and has been repaired in various
ways for more than century; the repairs
by Belgian blocks is but substitution of
better work for the costly and useless re-
pairs by matchmaking. Tho commits
sioner of highways of Philadelphia and of
other cities testify to the durability of
such repairs. The interest on the cost of
Belgian block pavement on said Centre
Square, at per cent. to the city, would
be little over 500 per annum. The cost
as already shown, would be $3.50 per
annum to keep said street in good condi-
tiOn under the old system of repairing, and
even now, after the expenditure Of this
| sum, the street is almost impossible and
liable to be returned at any moment as a
public nuisance.
The answer denies that the contract is
illegal and quotes at length from the
mayors message recommending the laying
of Belgian block OH the leading thorough
fares of the city; it quotes the action of
council agreeing to do the work when the
property holders had subscribed 81 per
lineal foot toward the same and then says,
in conclusion
In pursuance of this resolution of coun-
ellis the property owners on said first square
of North Queen street subscribed their
share of expense of laying Belgian block
pavement as follows
We, the undersigned citizens and prop
erty holders of the city of Lancaster here
by agree to contribute the sum of $2. 3O-1 100
per lineal foot ON the frontage of our re-
spective properties on the first square of
North Queen street, from Centre square 20
Orange street, provided the city of Ian
caster will pave the said square with Bel
gian blocks similar to the square now laid
in East King street. The said sum hereby
contributed to be payable to the city of
Lancaster through the mayor, upon COM
pletion of the work and its acceptance by |
the city of Lancaster through its proper |
representatives Hirsh & Brothers, Jno. 4. |
Hiestand, John F. Long, Henry A. Shultz,
Peter Weber, w. K. Hester, John l.. Mil
Ter, Edw. ]. Zahm, Samuel Demuth, JAG.
Bausman, Edw. Wiley, J. A. Sprenger, f.
R. Diffenderffer, Thos. E. Franklin, A. C.