Telegram-herald., 1891-06-10
OFFICERS OF THE COUNCIL.

city OF Crane Rapids:
Gentlemen-1be petition OF Allen c. Adslt
and sia others. residents and property oNhefs
of the alley through block IL. Dexter fraction
representing that there Is TN old building en-
cToaching several ieet Oh Sad aaes. ana as3-
In the e0uaci 10 take such measures - are
necessary 10 remove such encresenments. nav
Ing been referred 10 me Al your session OF June
l. ls9i pages 10 and III OF your priaied pro
e>ecias). respectfully report As follows:
This same matter was bescre Inc ia another
torn. anu made fun report thereon on May
.. pages 50 to VI OF your printed pfoeeedlnssl.
IL the petitioners intend by taair petition tia;
that the council should take action ia the
superior court before Jgry. 10 condemn The
three feet Of the alley thus occupied. uader
the statute providing Tor the taking OF private
property for public use. l slmply further "a
port that aside from the great expense In
volved in such proceeding. the insurmouat-
able difficulty occurs that under the instruc-
tons OF the Judge no 5ary could And. rGder the
rose. that the taking of such portions OF u
mere alley WAS public necessity. and for the
use ard benefit of rhe public. within the intent
and meaning ofthe statute. tits not sufficient
that such taking by the public would be OF
benefit or Of convenience to d few individuals.
but the necessity 10 warrant the jury in bring
INK In an Affirmative verdict, must be rres-
eat. existing. and public necessity; a necessity
affecting considerable section OF the city
ana reasonably large portion of the genersi
pubic; ard as there are already open public
streets surrounding the locality In question.
no jury. under the decisions OF the courts in
regard to this statute and similar statutes.
and under the instructions Of the judge as
given in former cases. would bring in a verdict
that the condemnlng of such property was a
public necessity.
Respectfully submitted.
wv. WIsSER TaYLoR..
City Attorney.
On motion OF Ala. 0'Donnel. accepted aud
fled.
To the Honorable, the Common Council OF
the City OF Grand Rapids:
Gentlemsn-At a session. OF your body, held
June ]. 1891, page lie of your printed proceed
ingsl the Board of Public Works in two several
communications declined to proceed with the
improvement OF certain streetsin the manner
heretofore ordered By your honorable body.
The one case was the Improvements OF Grand
vile avenue. by grading and GrayeiiDS the
same from the center line of Bartlett street TO
the north line Of Hail street The other was
the grazing ana paving OF Erie street. from
Canal street 20 Bank street, the paving TO BE-
curb The board bases its refusal upon the
ground that the determination OF the kind
AID quantity of material to be used In paving
streets belongs 10 the Board OF Pubic Works. .
This was Us to Erie street. In regard 10
Grandville avenue the board use the following
language: And as the board Is Judge o. tie
material TO De used In the improvements Of
streets, we respectfully decline 10 proceed
with the work under the resolution above
mentioned"
1t viii ,hus be seen that the Board Of Public
Works has raised square" issue not only
with the Common Councii. In regard TO the
matter Of proving streets. brt also with the
adjacent property owners on streets whose
right 10 petition for Improvements thereof Is
so sacredly guarded by the charter; SO much
so. that the council Itself could not. hereto
fore. without q majority petition of the ad
jaeent owners. order the Improvement OF :
street, except by the unanimous and affirma-
tive vote OF every member elect o: the Com
mon Council; and under our present charter
IA the absence ofsueh petition. can only order
suoh Improvement By Z i've si1ths cote OF tLt
members eject OF the Common Council. With
out going into any discussion OF the Iega
questions involved. ] VIII simply say that In
ny opinion the rositlca o. the Board OF Public
works is untenabie. And rs the q nest.on Is O
grave importance. it should be settled at once
Ih $ cen only he done In the Supreme Court b.
nanGamus. / therefore recomm ead that yol
instruct me 90 take the necessary steps {.
have the relative powers and rights OF pro
perry owners. Common Council and the Bosrt
| OF Public " orks determined in said court.
Respectfully submitted.
WILLIAM WIsNEG T.rio7.
City Attorney.
AID. 0Donneii moved that the city attorae'
be- Instructed to institute the proper proceed
iags In the conrtS TO carry ont the recommend
| atlnns OF the Communication.
| Carried.
Yeas-Ald. Anderson. Carpenter. poy,e
| DreCge. Duston. Emmer. Frost. iausar. Kin
neg, Maaoaey. Mills o'Donne,i. Saunders
slelr. stokes srroni Tatenm. wurzburs-lt
Nays-AId. Coaser. Turner
To the Honorable. The Common Cogneii Of tn
CITY cf Grand Rapids:
! Gentlsmea-As instructed hv your hoaorabl
| toly. ut your session Nav .. lss1. rage IS O
your printed proceedings. ] Instituted CT
wnrraRto proceedings in the circuit court O
the ceuRrT against the Valley city Str ct rni
| Csble Railway Company. the summons there's
being returlahle June II. lSel. NV FRS, trfea
| ten was to Institute them in the name Of th
| prosecuting attorney bHt owing to his Pre-
| trsctee as~eoce from the city. I finally. b
| special leave Of tie court. GRANTED on Jun
sih. Instituted sbem ia ny ewa name as r.
issor.
Respectfully submitted.
Wa. wISSEs Ttyrop
Gts ATTORNEY.
Acrt-'ef ard eiei.
To the HeRcraeie. the Common Council. o
the Csty az Grans Rapids:
t;entsenen-Ihe communication of IN
street Railway CeMpanY ~ Grand Ra1ia.
and OF TIE biscfric Street Railway Cor,pse
OF Sraad Rapids severaIly eoassBflae 10 IN
orlinauce enNtlet An erdsHauoe granfin
perrisSion "a the Valley City Street sad Csls
hallway Company Of Grand Rapids 70 cor
s.ract. sasint&ia. use. opsTass aud keep stree
| RAILWAYS . tae eits q Grand Rapids barf a
besa da;v referred 10 ne ~ you- session vs
Il. 1921. rage ecf yeur printed proeeedinrs
I resrscsfally report that have sxanlaa
tnte ga natter. and raA tat A =. pevns
p-ezlsesf ~ sad respective eorap 90
DUR aatEorlzsa "a sign sac acceptance
Rexpectfnlls submitted
wrAlas W fsTER Tsrrns
CITY Afforney.
Accepted sns nles.
BOARD OF PUBLIC WORKS.