The daily gazette., 1883-06-15
COUNCILS BUSY NIGHT.
THE AUDITOR SETS HIMSELF
STRAIGHT.
MR.. GARRETT ON FREE PASSES.
Mr.. Farrell Gives q Pertinent Speech on
the Observance of Law-An Interesting
Session.

| usually interesting at last nights meeting
OF Council, for by the time the members
struggled into their seats and Clerk Fraim
began reading the minutes in his monoton-
GUS drawl, the space allotted to spectators
was densely crowded. There was evidently
an impression that Auditor Ball would be
ousted, for as soon as the proceedings got
| beyond water department affairs most of
| the audience departed. President Conrad
| presided and the meeting opened with q full
attendance of members.
| The Street Committee reported In favor
OF accepting Wm. j. Forests proposal for
| sprnkling French, Fourth and Front streets,
lat $40 per week. Tpe report was signed by
Messrs. Smith, Abels and Blake,
| Messrs. astburn and johnson presented
a minority report opposing the acceptance
OF the proposal, as In their opinion this work
should be done ut private and not public
expense. T
| Mr.. Blake spoke strongly in favor of the
majority report, as the excessive dust on
Fourth and French streets was caused by
the macadamized pavement laid by the city
several years ago.
| Mr.. Plckels also favored sprinkling the
streets.
| Mr.. johnson said that Mr. Pickels was in
| Council when Fourth street was macadam-
| ized and was one Of the committee that had
the work done. He ought, therefore. to
bear portion of the expense Of sprinkling.
| Messrs. johnson and Eastburn opposed
the sprinkling and Mr.. Garrett was in favor
of advertising for proposals for doing the
work.
The minority report was adopted by the
following vote
| Ayes-Messrs. Baugh, Eastburn, Garrett
Gruob, johnson, Litzenburg, Lynn, Mention,
Miller, McKenna, Murray, Newell, Speak
man and President Conrad--14
Nays--Messrs. Adele, Blake, Denney,
Farrell, Moore, Pickels, Smith, Stevenson
and Taylor-9.
The Street Committee reported favorably
on Mr.. Mullen's petition for the paving of
gutter on Reed street, from Monroe to
Adams. Adopted.
Same committee reported favorably on
the petition of the p, W. q B. r. r. Co.,
for permission to build frame shed aud
pave the sidewalk and cutters at their
| freight house, Third and Pine streets, with
! Belgian block.
Mr. Garrett claimed that the erection of
this shed and the laying of the pavement
would close up Third street below Pine and
hoped Council would look at the premises
before adopting the report.
Mr.. Blake said that when Mr. Garrett
| had been spokeI to Oy the railroad officials
1
| "What can you expect of us when you don't
| give US any free passes 2" He claimed the
| proposed Improvement would be no obstruc-
| to the street.
| Mr.. Garrett admitted having made the
| rema k about the passes, but claimed that
he was joking.
| President Conrad called attention to a
clause in the city charter prohibiting Coun-
ell from granting to any individual or cor
poration any rights or privileges not per-
| mitted or granted by au ordnance of the
| City Council, and suggested reference of
the matter to the Law Committee, which
| was done.
The Street Committee reported faVorably
| on j. Il. ID. Seeds petition tor the paving oi
| the gutter on the east side of jackson street,
between Fourth and Fifth.
| The Law Committee presented a paper
| reciting the Water Commission dispute, with
the following resolutions
Resolred, That the Law Committee be and
| they are hereby authorized to employ CON-
| petent counsel to advise this body respecting
1 the rights and powers of said Board of Water
Commissioners under said act, and to represent
it in any cont toyersy or legal proceeding which
| may arise hereafter tetWeen this body or any oi
its officers and said Board of Water Commits
siOners; and be it further
ReS0lDed, That a sum not exceeding $500 be
and the same is hereby drawn in favor of the
chairman Of the Law Committee to be applied
as retaining fee for such counsel as may be
| employed.
Accompanying the resolution was a note
from Solicitor Turner approving the same
and also report from the Law Committee
stating that there was nothing in the reso
luton to conflict with the city charter.
The resolution was adopted unanimously.
The Opening Streets Committee reported
in favor of accepting the bed of Ninth street
from Harrison to Franklin. Adopted.
Mr.. Garrett presented report from City
Surveyor Conwell to the effect that tn
sand at Gilpin avenue and DUPONT street
(Which had been used for city work. wal
unfit for use, unless mixed with good, sharI
gravel.
The Opening Streets Committee reported
In favor of awarding the contracts for grad
ing Head street, from street to Garasche'
Lane, and Sixteenth street, from Lincoln t
Union, to Martin Keogh, he being the low
. est bidder. Adopted.
The Lamp Committee reported favorabl,
on petitions for lamps at Eleventh AMI
Washington streets, Hazlett and jackson
Harrison between Eighth and Ninth, thre,
on Beech and Oak streets, and one OF
Fourth street, between Monroe and Adams
Adversely ON petition for lamp ON HazleGt
between Adams and Jackson. Adopted.
The City Treasurer reported an oVerdraf
! IN Dank OF SS0,o(oIO.
: The Auditor, in his regular report, re
turned the check of the Water Department
passed by Council last week, without hi
I signature, for reasons previously stated b
9 him.
MIR. Stevenson offered the usual resolutio
9 overruling the Auditors objection.
Upon the question of adopting the resolr
4 tion Mr.. Farrell said
Some OF us who are here in this Council
Mr.. President, must have strange miscoI
r ception of our duty We are not here b
chance, but are chosen from the aggregat
It of our population, not to quarrel and striN
d to make imperative the enactments of OF
/. Legislature, If the said enactments do nj
y meet with our approval, but to uphold an
n make operative, as far as in us lies Il
power, the law as we find 1t.
IT You no doubt imagine that the action
l. the City Auditor in appending his signatui
1t to the so-called Water Department bills wi
If further enable you to DEFY the law, but yo
II will find, and that speedily, that In coercin
Il the Auditor, under threat OF dismissal,
r, act Illegally, you have cut the ground frol
o under your own feet and given the Con
mission the opportunity it desired to Ell
It your factious opposition, and If do d
Is mistake its calibre 1t will now by leg
d process compel your obedience to law al
al order. The institutions OF our country a
!. In danger when farce is made of law.
ir am not the special champion OF Il
RS Water Commission, but will always el
he deavor to champion the law. We are a
at no doubt, acting according to our light, b
ly some of you, am convinced, have not t
of trnp Upht Iust sure AR vOu ,a,, tlan1