St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-04
The SMELL IN COURT
Judge and Jury Will Pass
Upon the Fifth Wards
Bugbear,
And Decide Whether the
AZotine Plant is a Real
Nuisance.
The New Stove Works Given
the Desired Site on the
West Side.
Routine Work Of the Munich
pal Legislature on Last
Evening,

The fathers of the municipality met
last night and had another wrestle with
the Azotine company's plant. Aid.
Dorniden opened the ball by introduce
ing a resolution declaring the Azotine
plant nuisance, and ordering its abate
ment within ten days after the service
of papers upon the company. Aid.
Gehan was the first to oppose the reso-
luton, and he expressed himself in
favor of allowing the plant to permeate
the Fifth ward with its odor until de-
clared a nuisance by the court. Mr..
Melady thought the board of health
ought to investigate the matter and re-
port to the council. but Aid.
Flanerau opposed another refer
ence to any board or committee. lie
said the matter had been before the
council long time, had been tossed
from one committee to another, and 1t
was about time some decisive action was
taken. He moved to substitute Mr..
Dorniden's resolution by one to instruct
the city attorney to bring suit in the
district court against the AZotine COM
pany for the purpose of aScertaining
whether the plant is nuisance. City
Attorney Holman being called upon for
his opinion, said he thought it quite
likely the AZOtine company would raise
d technical defense to any action
brought against them. The company is
working under contract with the city
and if their plant is nuisance they
have authority from the city, by
reason of their contract to operate 1t.
j. G. DonneIly, for the Azotine COM
pany, promised that they would not
raise the technical point suggested by
Mr.. Holman, and, if the matter is taken
into the courts, they would defend the
suit solely upon the ground that the
plant is not nuisance. Finally Aid.
Flandrau'S resolution passed, and now
the city attorney may be expected to
institute a suit which will determine the
question that has been bothering the
residents of the Fifth ward for so long
a time.
Another important measure settled at
the meeting was the ordinance granting
the tract of land on the West side leVee
for the proposed stove factory. Messrs;
Gehan, FIandrau and Costello objected
to granting the lease for sixty years,
and secured an amendmentreduc the
term'to thirty years. With this amend
ment the ordinance as already pub
Mayor Smith recommended an appro-
priation to defray the expenses of
Building Inspector johnson in attend
ing the convention of the National AS
ISOLATION of Inspectors of Buildings, to
be held IN New York on Feb. 10. Aid.
Costello and others objected to the APP
preparation, but 1t finally passed the
council. A communication from Secre-
tary Tallmadge, inviting the council to
meet with the chamber of commerce at
s O'Clock next Thursday night, was ac-
cepted. Upon the recommendation of
the city attorney, Moore q Co.'s petit
ton for the refunding of $151, paid for
an intelligence office license, was disal-
lowed. The city attorney says Moore u
Co. recognized the validity of the
license when they accepted it, and con-
Quoted their business under the author
ity thereby granted. The ordinance
granting the St. Paul City Railway
company the right to lay "T'' rails on
their several electric lines was passed.
An ordinance granting to Robert
Sigel permission TO use portion of the
levee in the Sixth ward for manufact-
0ry of elevators was passed. Aid.
FIandrau's resolution to order the board
of public works to make and confirm
an assessment to pay the judgments
rendered against the city upon appeal
from the condemnation proceedings for
the opening, widening and extension Of
Mississippi street. from Broadway to
Nash, was adopted. The name of Como
avenue in Como addition was changed
to Usage avenue. and Logan street, in
the same addition, was changed to
Como avenue. Aid. McNamee's resolu-
ton. inStructing the city attorney to
draft bill amending the city charter
SO as to give the mayor the power to re-
Oke licenses, prevailed.