The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-23
NO BROADWAY GRADING,
The City Council Decides That It
Will not Have the Work
Done.
An Investigation Of the Curbing
Part Of the Palmer Con-
% tract.

Resignation OF Alderman Garrett an
Resolutions Adopted by His Fellow
Membcrs-Other business,
The Broadway grading came mp in tn
city council last night ON the following re-
port from Aldermen Morris and Thompson
..We. tho ordinance COMMITTEES, TO whom
tho matter Of an ordinance for the grading
Of Broadway was referred, hereby report
That upon investigation We find that a con
siderable frontage was signed for on tn
original petition by those having no owner
ship or authority to sign for the owners
And in view Of that fact and Of the man,
withdrawals made by those who did sign
ii is probable that no majority OF frontage
remains presented on the petition. II hat
been earnestly represented to Us by many
renutabIe citizens whose names appear on
the original petition that they signed the
same under representations that the sotal
coat Of the work was the amount
stated in the petition, to-wit; $l2,-
soo. And in view OF these facts
and the many protests from our most
reputable constituents We think That IN or
der to secure a proper expression from tne
owners on Broadway and lntarssctine
streets, on which the burden of the work
vill BE done, that a new petition VIII %
necessary before final action IN the part OF
the council. Respectfully submitted,
Mavor Kleinschmidt said he was sur-
prissd at the report. He understood that
the committee was only to prepare an ordl-
nance, and not that they were to investi-
cate as to the legality OF the measure. The
repo,t did not cover the ground thu com
mittse were instructed to cover. lie knew
there were protests against the paving
while others have urged that the work be
done. He thought the ordinance should pc
submitted. and then the legal poln's couia
be brought out.
Alderman Morris said the committee were
in 4 sort of dilemma, and hardly knew
what to do. If the report was not proper
it could be sent back, and the committee
would report the ordinance with the AID
of the city clerk.
Alderman Thompson said the committee
were convinced that it Was not anthorized
to present an ordinance that would be lie
gal on its face.
Alderman Lissner moved to lay the re-
mort on the table. The motion was lost by
yoas four tLissner, Klein. Morris and
Webber); nays eight (Steele, Fuller, Hart
wig, Rseoe, Wilmer, Harrity, Hanley and
Thompson.) Th report was adopted by
Reece, Wilmer, Harrity, Hanley and
Thompson); nays three lLlssner, Klein and
Webber.) Alderman Morris explained in
regard to his vote that he was willing to lay
the motion on the table to give those in
favor of the grading IN opportunity to sug-
eest something better. This council having
refused to lay it on the table he voted to
adopt the report. -.
ceived asking that Broadway be not graded.
It said that no public good was to be ac-
complished, and the fnances of the city
were not in condition at present to Justify
it. Among the signers wore y. w. Cannon,
John r. Murphy, Thomas Cruise, John W.
Thompson, Z. A. Harlow, VIM. Muth, w.
O'Connor, r. G. Wallace, Samuel Word,
G. X. Wells, j. P. Porter, A. j. Steele,
Joseph Horsky, Jr., w. B. Raleigh. John
Etedman, N. FL. Webster, ". G.. Bailey, G.
G. Stubs, A. M. Hotter, w. A. Chessman,
Bishop Brondel. Massena Billiard, w. G.
Child and other we'll known property OWL
ers. A motion by Alderman Lissner to lay
6l9 p6SlL1On Oh LILO taDlc was oe1CauSO, oL0
it was referred to the committee.
Alderman Weber later on offered q reso-
luton instructing the city attorney to pre-
pare an ordinance undor which streets
could be graded on the petition of the own
ers of q majority OF front feet, by assessing
the entire cost to the property owners. 1t
explained that such an ordinance would
REQUIRE an amendment to the city charter,
and nothing was don with the matter.
The Palmer-Sears curbing contest caused
commotion. Alderman Thompson
il up by calling attention to the
decision of Judge Buck dissolving the tenn
porary injunction restraining the property
wners from having the work done by any
other thar the contractor for paving Main
street. City Attorney Craven stated that
10 sure as the contractor had the right to
pave the street, SO certain could he put in
The curbing. 1t seemed as though the prop
srty owners had been allowed ample time
do the work before the contract was
awarded. AS he understood Judge Bucks
opinion, Contractor Palmer Womb come
along and root up all the CURLING and put
in. his own.
Col. A. G. Botkin, counsel for VIM. Sears,
said the decision of Judge Buck held that
Palmer was not the person to restrain
and that tho circumstance were not
,uch as to warrant the injunction. The
Judge did not touch on the validity of tie
contract. AS a taxpayer. however. he
warned the city that carrying out the con-
;ract would lead the city into a dangerous !
Aldermen Lissner and Thompson pro-
tested against the street in front of their
places on Upper Main street having been
,orn up and loft in that condition. Tho
after denounced it az unworkmanlike and
l~nmeehanical to tear up the street and
cave it in that condition until spring. He
,aid rumor had it that the street in front of
ais and Alderman Lissner's places had been
,orn up with the idea of compelling them
% get out an injunction. Ths contractor
lad been fooled in that, though he had
some damage to the curbiug at the
Penn block.
II Alderman Steele said no understood that
.he contract called for certain work to be
lone before Dec. i, and that none was to |
after that. 1t was wrong to leave big
aoles in tho street all winter. He wanted
know if the contract had been violated
III the part of amy one.
Il. Il. Palmer, a brother of the contractor,
,aid the specifications read that no work
vas to be ono after Nov. 80, unless ordered
by the city engineer.
The subject WAS referred to the streets
allsys committee to investigate.
Alderman G. b. Garrett sent his resigna-
to the council in the following letter:
circumstances over which I have no
compel me to leave the city. 1t
becomes my duty to tender you
resignation as alderman from the SEQ
md ward. With many thanks for the
many courtesies extended me by the mayor
md members of the council. and best