St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-12-04
REMOVING SNOW AND ICE.
A Test Case BROUGHT Before the
Courts. I
AUDITOR KAIN's IDEAS,
Property Holders Should Not Be Incon-
venienced and Annoyed at This
Season Of the Year.


There was yesterday filed in the dis
trict court a case which will shortly
spread its influence upon the holdings
of property owners within the city limits
and make its Importance generally felt
throughout the real estate fraternity. LII
was the test case of Auditor Braden
against M. f. Kahn as auditor Of Ram
sey county. A petition was yesterday
filed with the clerk of the district court,
praying for an alternate writ of man
damus enjoining and restraining the
county auditor from charging penalty
or principal against properties taxed
for the removal by the city engineer of
snow and ice from the sidewalks in
front OF such property. Judge Wilkin
issued the writ returnable into court
Dec. 10 at 10 a. m, when the arguments
will be heard and the county auditor
show cause why the liens and charges
SO accrued against property have
not been purged and removed from
the records, and why not so removed
from lot /, block 3. of Woodland Park
addition to st. Paul. the property which,
Auditor Braden has introduced to test
the validity of the law as now enforced
against all the property within the city
limits bordered by sidewalks. The
case, introduced at this time of the
year, just before the yearly tax collec-
ton, is one for serious consideration,
since property owners will be eneum-
bered with the necessity of paying this
tax upon every piece of property they
may sell and transfer after Jan. l, 1889.
Deeds will not pass The auditors Office
and certificate without the payment Of
this tax, and thus property will be so
bound up, while the case is pending.
that great Inconvenience and OUTLAWS
will fall to those who deed property
after that date.
Auditor Kahn, being interviewed yes
terday by GLOBE representative, said:
81 am very sorry that the case comes up
now, as we are working hard to get up
our statements for the tax collection
FOR THE COUNTY TREASURER.
sit is probably test case. and the
laws of the city, from which l derive
my power of procedure, are as follows:
Sections s, 9 and 10, of the laws relating
to the city government:
TSnow and ice to be removed from side
walks within twenty four hours. The owner
or owners Of lots or parce els of land fronting
upon any street or alley within the city limits
of the city of st. Paul, shall within twenty
four hours after the fall of any snow or the
formation of any ice by reason of any SNOW
or rain clear the sidewalk in front Of said
premises of determination of snow and ice.
Sec. 8. In case OF the neglect Or refusal of
the owner or owners OF any lots or parcels OF
land to comply with the above section, it
shall be the duty of the city engineer to do.
said work and keep an accurate account of
the cost thereof; and the said engineer shall,
on or before the first day of June next sue
ceeding the time when the work was dong,
return sworn statement OF the costs of the
work i'll front Of each separate piece of prop.
erty to the county auditor of Ramsey county
as delinquent taxes for collection, which.
amount shall be lien upon each lot or
parcel of land.
Sec. 10. 1t shallbe the duty Of the county
auditor to extend On his rolls for collection
the amount returned by the city engineer for,
collection against the said property in said
statement aforesaid, and if not paid within
the time prescribed by law then the same
shall become a lien upon said real estate, and
said real estate shall be subject to the pen
alties and charges as property delinquent for
county and state purposes.
1.-The city engineer, whose duty it it
to see to the removal of snow and ice
from in front of property, after the sea-
sons work sends me in a sworn state
ment of work done and the amount per
foot and the description of
PROPERTY TO BE CHARGED.
sThiS Ireceived the 3lst OF last May,
and incorporate the amounts in my ac-
counts against the lands charged, which
intersperSeS it all through my books.
The amounts are then all extended;
the amount of the special tax so charged
and carried forward in the volume Of
book work until now such change as
&c -n1 fh
complication. The statement from the
engineer, and from which | take my
figures, is accompanied by this sworn
Statement:
The city engineers statement, received by
Auditor KAN on the 31st day OF May. 1888:
State Of Minnesota. County of Ramsey, S.
L. W. Rundlett, being first duly sworn. de-
of the city of ST. Paul, Mimi; that the an
nexed statement of property and lots and
uames of owners thereof, of persons who
failed and neglected for the period of twen-
tyfour. hours after fall OF snow or the
formation of ice by reason of snow Or rain
upon the sidewalks along i'll front of the
several and separate pieces and parcels of
land in said annexed statement to clean
said sidewalks of such snow or ice, and
which said pieces of property and lots of land
were thereafter cleaned off by the city engi-
neer of said city under the provisions of the
charter in such case made and provided;
each of said pieces, parcels and lots of land
front on the street or alley of said city, as
named therein. The amount of the costs Of
cleaning of said sidewalks as aforesaid in
front of each piece is, as in said statement,
extended opposite the same, according to the
best of his knowledge and belief, the same
being herewith returned as delinquent taxes
for collection against said piece or lot OF
land, as required by law.
L. W. RUNDLETT. City Engineer.
Subscribed and sworn before me this 31st
day of May, 1888. THEo E. PARKER.
Notary Public.
snow if this suit could only have
been instituted before, so that it would
not drag through the court-aS it proba-
bly, wlll-in5o the next year, affecting
saved not only the complications in this
department. but the untold annoyance
and damage to every property owner
iDtarp Stad -