Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1891-04-15

absent.) Third ward-John j. Murphy,
Edward o. Avery.
Communication from the Mayor
10 he Hon. TIE Common Council;
GENTLEMEN;-In my communication TO you
last year. asked for your cooperation upon
the suggestions and recommendations l took
the liberty at thai time OF calling TO your atten
ton.
| requested among other things, that our APP
preparations for the ensuing year be made
within legal bonds, and that we should be care
full not to allow our disbursements to exceed
our receipts. After having heard read the re-
port Of the treasurer and recorder OF the pres
eDt status OF our citys finances, | am constrain-
ed to remark that your constituency, irrespec-
tive of party, will be compelled to acknowledge
that you have certainly done your duty.
Although II appears that our city Is In debt
TO the amount of s9,97247, yet when we come to
consider that this Indebtedness does not bear
interest and was created by pressure brought
TO bear upon the Council by our citizens who
insisted upon having certain necessary paving
done, and that IL furnished employment for a
great many Of our people, IL occurs to me that
the benefit to city and citizens forms abundant
excuse. II any were necessary for the existence
of this small obligation. In connection II may
not be out OF place TO call attention TO the fact
that during the year just passed. we have had
constructed and paid for a new iron bridge
across the river at Ninth street, at cost OF
about 81, 900; we have had about three miles OF
good cedar pavement laid at a cost of about
500 900, Two OF the Second street bridge bonds
aggregating 81 800 for which no appropriation
was made, have fallen due and been paid, 5000
have been paid for two damage suits by reason
of defective sidewalks, and last but by no
means least, our handsome new high school
building, which is rapidly nearing completion,
has been paid for so far as the work has pro-
crossed. 1t will only require an appropriation
of about $4,000 to complete IL In detail and
have it ready for occupancy by tho first day of
next August.
THE COW QUESTION.
Although II may not be thoroughly under
stood by the public, yet the "cow question" sc
called. has been settled Insofar as the passing
of an ordinance prohibiting the rrnnlng al
large OF animals within the limits Of the city,
Ground has been purchased upon which to
build pound. and l would recommend that
this Council take tho "cow by tho horns" by
taking the proper stens to see that a suitable
pound be Immediately erected, and IN effort
made to enforce the ordinance, 80 that the gar
dens and lawns OF our citizens shall not suffer
through our neglect.
SIDEWALKS.
desire to reiterate what said last year up
on this subject, and once moro call your atten
ton to this very important question. 81 am of
the opinion that our sidewalks should be built
by the city and paid for out OF the general street
and sewer fund the same as paving and sewer
age am stronger in this opinion now than
I was then. There can be no question but that
when the building and repairing Of sidewalks
is left to adjacent property owners or individ-
uals, this matteIis sadly neglected and the city
must suffer the consequences. Within the past
year five suits for damages have been COM
menced against the city by reason OF defective
sidewalks One was tried resulting In verdict
against the city, another was settled and the
cost OF these two suits alone would have nearly
paid for all the sidewalks built In the city last
year.
The question of responsibility for defects of
this character has recently been adiudicated in
the New York Court of Appeals, that tribunal
with much force and logic squarely puts the
responsibility upon the city.
walk In the city of Rochester. the charter of
which requires each lot owner to keep the side
walk in front of his property in good repair
and authorizes the superintendent OF streets,
after the notice to the lot owner that his side
walk is defective, to himself repair it and col
lect from the owner. 1t provides also that
when the city is sued for an accident due to a
defective sidewalk the lot owner may be nQti-
fled to defend and in case judgment goes
against the city the latter shall be reimbursed
by the lot owner. In the case before the court
judgement had been recovered from the city
and the latter brought suit against the lot owner
whom the ordinance assumed to make respon
sble. But the court held that he was not re-
sponsiblc TO the city, and the grounds Of the
decision are of interest to the jewellers In cities
everywhere. After citing several cases the
court says:
We have thus referred at length to many Of
the cases holding the non-liability OF the lot
owners, for the reason that there seems to have
been quite a common impression, in which |
judges and lawyers have shared, that abutting |
owners are in some way liable for damages oc
casiOned from their neglect to keep sidewalks |
III repair when that duty is in any way enjoin- |
ed upon them. II seems to us that there never
could have been any logical cause for such i'm
presslOn and IL seems II has no foundation In |
the reported cases. Any other conclusion than
that reached by us would, we think, be most un-
fortunate, as ii would tend to relax the vigilance
of municipal corporations in the performance
of their duties I'm respect to the repair of streets
and highways, and impose that duty upon those
who might be utterly unable to discharge 1t. 1t
would tend directly to demoralize the public
service and lead to disorder decay and impas-
sibility Of the public highways"
I sincerely trust that this Council may sec its |
way clear TO take some steps to remedy this |
great evil.
TAXATION.
The subject OF taxation Is receiving increas |
ed attention in the city at the present time, |
while IL Is true that unnecessary taxation is |
unjust taxation yet improper unqualified and |
insufficient taxation are among the greatest |
evils that can beset progressive city like ours.
The comptroller should be instructed to do his |
duty fearlessly and see to 1t that he assesses
all the taxable property. real and personal. IN
the city, improved and unimproved, transi ent |
and stationery, as near rs may be at its actual
selling value.
STREETS AND SEWERS.
Owing to the rapid increase in our clty's |
population, the owners of property in the |
suburbs have been induced to plat their lands |
into additions to the city. In some cases land |
more centrally located has not been plated, and
this Of necessity makes ingress and egress to
some additions impossible without passing over |
the land OF private individuals. Therefore, I |
would recommend that the Council early take |
into consideration the matter OF obtaining n |
right-away into these additions and see that |
they are supplied with proper drainage. The
question Of drainage should receive prompt at
tenton wherever 1t Is needed In our city, and
then carefully attended to; for good drainage
is one Of the most perfect representatives. Or cpl |
denies known to sanitary science.
PAYMENTS.
We haveat present about five miles of pave