St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-09

| Bros d Cutler, S6.67; j. ii. Schurneler Wagon
| McNamee, S123S0; st. Paul Book and Sta
tionary Company, Sis; Azotine Manufact-
uring Company, $3.50; Miles IL Hale. SIC. %;
c. Bernhard, 500; Mathew Craig, 80;
SS25; F. G. Draper & Co., S2S.05; Rodgers q
Ordway, S7.36; E. S. Bean, $15S.27; Pioneer
Press Company, 5000; Ptacek u Edmund,
| $l.20; st. Paul Hardware Company; W;
Wemott. Howard d Co, $l44 80; :. F. E. Sko *
$3.50: Wright, Barrett & Stilwell. S1.6O; F. W.
Gadfeld, $40 Wyckotf; Seamans d Bene-
dict. 50 cents; John Matheis, $3.50; The Globe
zzette' $3.50: Thomas Greeley: s s!s6+se
Torch, S2145; o. st. German, SjS7;
P. G; Lutz, $l9.3); NJ; G; OSBORNE e,e q;
Bohrer & Mueller, SIPS; Die volkszeitung,
SLO99 Sc; c. c. Sharp, S1530; Geo. :stenger.
$?53.40: St.Paul Sanitation Co, SIS; Schlf-
man u Son, $50 H. H. Schroeder, IS:
| Pearce & Jones, S42+96 VIM. PETER, S31.5J;
Zoos 4 Co, $9.35: George Gerlaeh Dr., S22. 59'
Sl2O3O; ST. Paul Gas Light Coz So
1870; ". c. Dohery Estimate no; ood 4.
G. W. Merrill, Sl3; ST. Paul Pacific Coal
company, $3.50; /. E. Norton, SSH; H. P.
Rugg 4 Co. S23 .25; John Martin Lumber
Company, S3S375; Baker u Moffat, Sjg5; ..
| Mitsch $3.50; l., Mussetter, 70 cents; r. H.
Kelly Mercantile Company, 81; K. z. Cullen
So: D. P. Gribben Lumber Company, S20S.e0;
j. G. Duggan, S4.95; Q. Christotferson, 81;
Kirkland d Starkey, 500; J. S: Burrls, SOO.21;
s sSe559Ssf G. R sSn' $40 S Brooks BIOS
| $500; John Bell & Son, $126.50;
i James Cleary, S?70.75; Brown, Treacy 4 CO.,
| $3.50: NJ. Mckay, $E972; Maendler Bros,
| SIS; Edison Electric l.. and p. Co, SIS. 10;
| E. Klinkerfues Estimate No. and final and
! extra, building Robert street engine house,
| So, 1875; Pioneer Press Co., S502.92; JAS An
| stett S!13l: Board of Water Commissioners,
| col IF Good ShpnhpT6 80
Allowed and ordered paid by following
| vote:
| Yeas-Ald Banholzer, Bielenberg, Bot,
| Copeland, Costello, Dorniden, Flandrau, &c
| han, McNamee, Melady, Minea, Sanborn, Sui
| Ivan, Van Slyke, Mr. President-lo-
| OF Corporation ADMINISTRATION of Moore
d. Co. for Refundirg of Sl5l PAD Tor IN
teliIgence or Employment Office License by
a. Ii. Anderson
The Corporation Attorney makes all ad-
verse report.
Adopted.
Also,
Contract-John Martin Lumber Co. and the
The Corporation Attorney submits a draft
of said contract
Accepted. (See resolution.)
Also.
Peter Berkey's Petition Asking That Action
be Taken TO Provide for Payment Of Judg-
ment--Openlng Mississippi Street
The Corporation Attorney submits reso-
luton in said matter.
Accepted. (See resolution.)
Also
Report Reterred to Corporation Attorney,
Jan. 20, 1S9D of Committee on Claims,
Relative to AZotine Manufacturing Co.
The Corporation Attorney reports as fol-
lows:
To the Common Council of the City of st.
Paul.
Gentlemen: You have requested my opin-
ion tnff Cor ton IN
recommending that the Corporation Attorney
bring suit against the AZotine Manufacturing
Company to determine the question whether |
said company is maintaining a nuisance in |
the operation of its plant on the upper levee. |
Under existing facts it seems clear the |
municipal corporation cannot be successful |
i'll such suit. The plant is being operated |
unoer contract with the city, for which the |
Council appropriateS monthly the sum OF |
$3.50. The animal and vegetable refuse !
consumed ny the company is collected and |
delivered to it under the terms of another |
contract with the city, for which the Azotine |
Company receives SJ1666 per month. The |
city is Itself directly responsible for the oper-
alton of this plant and If there is g nuisance |
ii exists with the consent Of and IS paid Tor |
by, the city. Whether a nuisance is main
tanned am not competent to determine, and |
upon that subject l express no opinion.
1t is eq1ally clear that any person whose
property is injuriously affected, or whose |
personal enjoyment is lessened by any nui- |
the city itself, or is authorized by it, may
bring an action against the author |
of the nuisance and recover the |
damages suffered, ana may have the |
same enjoined or abated See sec. A. ch. 70, |
Gen. Statutes 1873.
The contract between Henry A. Fleisch- |
mann (whose rights it is claimed have been |
assigned to the Azotine Manufacturing Com
pany) and the city provides. among other |
things, that all carriage otfal. dead animals, |
and all refuse animal and vegetable matter |
of any kind whatsoever shall ''be disposed of |
and destrC y1d and rendered wholly harmless
Immediately after its delivery and |
said work shall be done i in the best, |
safest and most workmanlike manner known |
or possible by said process known as 1.-THE |
Merz process" and said plant shall be |
operated and said work done under the SUI
perviSon of the Board of Health OF the |
city 1T is hereby further agreed
that in case the plant hereinbefore men, |
toned = shall become nuisance, |
and shall be so determined by the courts, or |
be detrimental to health or otherwise often |
sive to the inhabitants of the vicinity where |
located. then and in that case the use thereof |
for the purposes aforesaid shall be diScon- |
tinued thereat and said plant be moved |
within sixty days thereafter to, and the same
shall be relocated at different point and |
place TO be approved by the Common Coun-
ell = the same to be there used for
the purposes hereinbefore specified No
other part of this contract is material to the
present inquiry.
The Board OF Health is authorized to super
wise the operation of the plant, and under
the observance of such regula-
tons as it may prescribe to protect
the public health, but question its power TO
order dlscontinuance OF the operation of
the plant.
When the plant has become nuisance,
and it has been so determined by the courts,
then all operation thereat shall be discontin-
ued, and within sixty days after the courts
haxya fn hn r1I11ca no q
plant itself shall be removed to some other
place to be approved by the Council. In
these respects no difficulty is found III de-
tcrmining the meaning of this contract The
serious question is. whether the Council has
the power to order a discontinuance OF the |
operation of the plant whenever it has be-
come detrimental to health or otherwise Of
fensive TO the Inhabitants of the vicinity
where located, and without prior determi-
nation of these facts by the courts. Although
the point is not free from doubt yet am in
clined to think the courts will SO construe
the contract so as to give it this lnterpreta-
ton.
For the above reasons am Of the opinion
that when the Common Council has deter
mined that the operation of the plant is Get
rimental to health. or otherwise offensive to
the Inhabitants of the vicinity where located,
it can safely order its discontinuance and
stop the payment of the monthly install
ments of $1,250, and direct the removal of
the plant within sixty days after it has so
Q6lcIIlllicQ IL TIC CITY pIOpOScS " ldhC any
action at ALL it seems to me the above is the
proper course to pursue.
lsOf course if the Council should err in its
determination. then Mr.. Fleischmann, or
those who claim under him, will be entitled
to recover from the city such damages as can
be shown to have resulted from what would
amount to breach OF contract on the part of
the city.
It's proper to suggest that if the Council
pass resolution covering the above points
il must at the same time designate some other
place for the delivery of all garbage and dead
animals.
The contract for the collection and removal
of garbage, bearing date April 10, 1892 pro-
vides for the delivery of all garbage at the
Azotne plant This contract will require
modification so as to permit delivery TO some
other place.
Respectfully submitted.
o. E. HOLMAN, Corporation Attorney.
Feb. g 1891.
Accepted.