The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-08-21


The Ottawa R,UqJiraH last week lent its col.
umns to an unwarrauted attack upon the Mayor
and City Council for the acts done in regard to
the establishment of the grade OF the sidewalk
in front Of Block 50, States addition, on the east
side of In Sale street in this city. We do not
care to waste any space in answering articles
published in criticism upon the business done
by the City Council or its officers, but this and
other articles in the same paper on the same
subject appear to us to be SO wllfully false and
so needlrssly denunciatory and undigniied, that n
short answer, giving the exact truth aboat the
matter should be published. At a meeting OF
the City Council the question of establishing the
grade for the sidewalk on the east side OF La
Sale street. in front of Block 50, States addition,
was under consideration, and, there having been
no survey made, an ordinance fixing the grade
could not be framed. Under that condition OF
things it was proposed to adopt general ordl.
nance on this subject, by which grades may be
established without cOnycning the City Council
and without delay or expense. The Mayor
thereupOn took piece of paper and wrote al
ordinance, which provides for the establishment
of the grade by the standing committee en- streets
and alleys and the city surveyor. When the or
dnance was written and presented it was sug
gcsted that final clause should be added, fixing
penalty for wilful disregard of the grade
when it should be properly established. At the
request of the council the city attorney then in
serted the clause, and the ordinance was adopted
by a unanimous vote of the council. The ordl
nance is a general ordinance applying to the
whole city, and provides only for the manner o
establishing grades within the city, and it has
no special reference to the sidewalk in front o
Block 80. Afterwards, however, resolution
fixing the grade in front of Block 50, was pre-
scented by Aid. Perkins and unanimously adopted
by the City Council. This was done in order t
obtain an expression of the City Council in re
gard to fixing the grade at the particular pon
in front OF said block, where permanent stone
sidewalk was about to be built. After the meet
ing Of the council at which the grade was fixed
Mr.. Fiske, who controlled the building of tho
sidewalk, did not regard the garde as fixed al
though notified. A complaint was filed by citi
zen aggrieved and suit was therefore brought
against Mr.. Fiske before Justice Larkin, to col
lect the penalty, and judgment was rendered
against him for the sum fixed by the ordinance.
Pending this suit, however, the Mayor called
upon MI DlanCuaTu, JHe attorney lot MI fl,hc,
and made an amicable arrangement with him to
the effect that, in case the judgment in the suit
pending should be adverse to his client and the
decision unsatisfactory, Mr.. Blanchard should
file bill Tor an Injunction to restrain the fur.
ther prosecution of suits for the recovery Of the
penalty fixed by the ordinance III order to fairly
test the question without any harsh measures,
and TO save time and costs to both parties. Tn
der this arrangement bill was prepared, and
when Judgment was rendered the bill for an in
junction was filed and all parties appeared by
agreement, waving notice and service of sum.
mons, and submitted the cause to the court In
deciding the question, the court held that mas.
much as it appeared by the aflidavits that the
walls, upon which the sidewalk was about to be
laid, had been built before the adoption OF the
clause creating penalty for refusal TO conform
TO the grade. the attempt to enforce the penalty
for noncompliance with the grade fixed by the
resolution Of the council was an error in this
particular instance, because the penalty clause
would, in this particular instance, be retroactive
in its operation and effect.
lisa gross injustice TO the city officers and TO