St. Paul daily globe., 1888-08-01
But the Court Sustains the City
Council.

A very lengthy and important docu-
ment was filed yesterday by Judge Will
kin in the case of John A. Strehlein ct
al. against the city of st. Paul de-
nying the application of the
plaintiffs to continue the injunc-
tion. The complaint states that
the plaintiffs, Newton r. Frost,
Hiram BackuS, James L. Lowering,
Frank P. Blair and P. V. V.,Dwyer, who
are the owners of 1.033 feet frontage on
Western avenue, between Laurel and
Dayton avenues. May "a, 1888, presented
petition to the council and board of
public works in favor of pay
ing said avenue with cedar or
pine blocks. June II. 1888, the board
reported to the council in favor OF paw
ing Western avenue, from Laurel to
Dayton avenue, with asphalt, and from
Dayton to Marshall with pine blocks,
representing that said Improvement
was asked for by majority of the
property owners to be assessed; that
said report was wrongful, un-
lawful and not in accordance with
the facts known to the board.
The complaint further alleges that
relying upon the correctness of the
boards report the common council,
ceed to pave Western avenue, from
Laurel avenue to Dayton, with asphalt;
that the asphalt pavement was expen-
sive and eXtravagant i'll price, and that
the defendants had in no other instance
laid asphalt in front of business prop
erty. An injunction was asked for
on the above grounds, restraining the
common council and board of public
wor ks from awarding any contract for
paving
WESTERN AVENUE.
Judge Wilkins decision in substance
was: at is difficult to ascertain from
the pleadings what
THE REAL FACTS ARE.
The answer of the defendant covers a
great deal of ground by a general de-
niaJ, and more. l am Inclined to think,
than was really intended.
1.-The plaintiffs claim that the:common
council cannot order an Improvement
of any kind except upon written ap-
plication, signed by a majority of the
property owners. who would probably
| be assessed for the expense
of such Improvement. In this
| think they are mistaken.
The board is required to report certain
particulars to the council, but these re-
ports are by the charter to be construed
as advisory, not to be deemed jurisdic-
tional or essential to give the council
authority to order any improvements
| local to the city of St. Paul. In case
| the board reports in favor of said i'm
| prOvement, or some part thereof or a
modification of said Improvement, the
| council may, in its discretion, order the
making of said improvement, and in all
cases, after obtaining from said board
an estimate of the expense, may make
such modification of the proposed plan
as it may think proper, providing that
such modification shall not materially
change the character and objects OF the
improvement as reported by said board,
and shall not materially increase the
expense thereof. 1t seems quite clear
from the provisions of the amended
charter that the common council has
the power to initiate proceedings fol
improvements of this kind of its own
motion, and that the report of the
board of public works is not essential tc
give it authority to order such improve
| mentS."
In this case it appears the board re-
ported in favor of a modification of the
plan submitted to them and the common
council. upon the receipt of the report
made still further modification Of the
plan proposed by the board.
1t would be going very far to say thai
the laying of kind of pavement which
has been in use for many years in the
cities of this country anC
Europe is nuisance. 1t seem.
somewhat hard that the owners O.
property asking for pavement which
they deem advantageous should hav,
forced upon them one of a differen
kind which they do not desire and which
they regard as positively injurious t,
their interests; but it is misfortun,
which persons living in a municipa
government in large and growing cite
are frequently called upon to endure
APort of Delivery.
NEwBURGH, N. Y, July 31.-Surveyo