Daily Republican., 1889-09-27
A SPECIAL SESSION.
The Street and Sewer Com mission Dis
ouss A. j. Harris obstructins stable on
West Eighth street,

Inc Street and Sewer Com mmiseion held
q special session last night TO consider the
cass OF A. J. Hart whose stable occupies
a part Of the bed Of West Eighth street.
The commissioners had ordered the street
commissioner to have the stable removed,
so that the street could be opened, and
the meeting was held for the purpose OF
bearing the arguments of William @.
Spruanca. Esq, Mr.. Iart's counsel,
against this action. Mr.. Murray Is con-
fined to his house with sickness, and con-
s1quently only President Carpenter and
MIR. Gawthrop were present on tie part
OF the com mission. City Solicitor Tur-
ner, Charles NJ. Curtis, Esl., Charles Ii,
Mcwhorter, M. NJ. Child, d. II. Thomas
and A. @. Wilson were also present.
Mr.. Spruance 10 opening his argument
said that the piece OF ground on which
the stable stauds was formerly owned by
n man named Price, who decided II TO
George p. Norris and wife and their
heirs. On October "a, 1884, Norris
decided to the city piece of land which
lie now oncunied by the Rodney street
reservoir In consideration OF piece Of
laad on the opposite side OF Eighth
street and adjoining his own property.
In the deed this property was described
BY streets. II ie well-kpown fact in
law that when q property is described by
streets the grantee has the right OF user
Of those streets. Norris, however, took
care to reserve the ground on which his
stable stood and such a reservation was
expressed 10 the deeds.
In reply President Carpenter said that
Norris applied to City Council to have
Eighth street opened, and that on Janu-
ary 10, 1867, the Committee on Opening
Streets reported favorsbly on the peti.
tion, but as Norris died March, Z, 1885,
the bed OF the street was not decided to
the city, and the matter was allowed to
rest.
Mr. spruance said that It must not be
forgotten that in 1870 this property was
disposed OF at public sale, at which t.me
1t was s'ated that In case It became neces.
sary to open the street and remove the
stable the purchaser would receive dam-
ages from the city. Under this repre-
sentation the lot on which the stable
stood brought higher price than any Of
the others,
The lot on which this stable stands
brought S25 per foot. while the others
did not bring SIC q foot.
Mr.. Carpenter contended that the lot
back OF the stable brought S2l.75 Der
| sVSs WthOot atiy USiuR On
when Mr.. Spruance replied that was be-
cause Mr.. Hart was bidding on It, and
other bidders run up the price ON him.
AT this point City Solicitor Turner re-
marked: 1.-THE fact that III, city had
laid out the building lines should have
b en- warming to purchasers that sooner
or later the stable would have 10 be re-
moved"
Mr.. Sprusnce contended that wber
Mr.. Hart purchased this property be did
not know Of anything of the kind, and
that he was told ON the day OF sale thai
the lot and stable were both sold without
regard to the building line. City Coun
ell never had the title to the bed of th,
street and Mr.. Hart has always thought
that be owned the entire lot on which th.
stable stood.
The City Solicitor thought that Har
should have had the entire matter inyes
tgsted, but Mr.. Spruance replied tba
there was not one person In a hundrtd
that did so. as people generally tase u ,
word Of the attorney who 10 the trustt
for the sale OF the property.
Mr.. Turner said that City Council had
an undoubtcd right to mark the lines OF
the street, and that was notice to any
purchaser that sooner or later the land
would be condemned. The deei for the
property purchased by Mr.. Hart, execu-
iei by Mrs. Norris, only went to the
building line. The title there fore legally
remained in Mrs. Norris uDtil decided by
her TO q city few days ago.
Mr.. Spruance replied that when Mrs.
Norris disposed OF the property she so d
stable and all and pocketed the money.
Therefore, she had no right to sell any
part of this property again to the city and
pocket Sl00 OF the peoples money.
AS NJ. NJ. Child was present when Mr..
Hart bought tho property, Mr.. Spruance
asked that be should be htard.
Upon permission beirg granted he
stated that at the time of the sale he was
o real estate agent. He attended the
sale and recollected having asked j. 7.
Heald, who conducted the sale, if the
stable was to remain on the property.
Mr.. Heald replied that in case The stable
was removed the purchaser of the pro-
perty would be paid damages. Eighth
street was then opened as far as Clayton.
In answer to question from Mr.. Spru-
ance, Mr.. Child stated that he believed
that the let on which the stable stood
sold higher than the Others because the
stable was on 1t. In answer to n ques-
tion from Mr.. Turner Mr.. Ctild said that
had he bought ths property he would
certainly have hal the title examined.
In answer to n question from Pre- sldent
Carpenter Mr.. Child said that the lots
between tho stable and Clayton street
sold probably 81 per foot cheaper than
they would had not the stable projected
into the street.
Mr.. Hart was also heard, aud said that
when he bought the lot 1t was with tho
express understanding that If the stable
was removed at any time by the city be
would be paid damage
President Carpenter said that lie could
produce number OF men who were pres-
ent at tue sale, and would testify that
they did not hear any such agreement
made.
Mr.. spruance said that, although the
department might legally remove the
stab'e witholt layiug damages, he did
not think public sentiment would uphold
them in doing 60. II half Of the stable
was torn down, as proposed, the other
half would be of no use and would have
to be torn down. The wind mill which
supplies Mr.. Hars's house with water
would also have TO be removed. The
damages In the case would, of course,
amount to what 1t would cost TO remove
the stable and erect it In another place,
This, Mr.. Hart has ascertained, would
cost 81, 500.
President Carpenter remarked that the
stable and house together only cost
81 500, and that the stable Is about ready
to tumble down.
Mr.. Spruance replied that bis client
did not ask for 81, 500. but would be will.
ling to settle for $3.50
President Carpenter replied that the
matter would 10 left In tho hands of the
city solicitor, and that II he decided that