The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-03
Alderman Lissner and Other Prop
srty Owners Will Try to
Stop tho Paving.
They Believe That the System
Adopted Ii Illegal and
Unjust.
II II quits Probable That tho Supreme
Court wall settle the
Case.

The contracts for paving Main street
have bsen lot and " was supposed that
nothing would OCCUR to interfere with I'M
mediate work. II Ia more than probable,
however, that the Injunction, that weapon
Of the rich and poor alike, will be brought
into action and work stopped tor q tine at
least. There were rumors Of such action
yesterday afternoon which could not be
traced down to a definite source. II ID Ger
tain that the matter has been discussed by
certain property owners and they will
doubtless bring the matter into the su-
preme court.
Mayor Kleinschmidt did not know
whether anything had been done in this
direction but he said; ''The council has
done its duty, now let tho obstructionists
&c ahead. We we're elected by the people
with the understanding that we would
have tho street paved and We have done
what We could. II tho property owners
who object to our action desire to 20 into
court and delay matters, why let them do
it,"
City Attorney Craven said: Eyes, these
people have the power to secure an injunc-
ton to stop work if they choose and then
the supreme court will decide the matter.
! suppose the decision will rest on the right
Of the city OF Helena to levy q special as
ssssmsnt. This matter has mover been de-
cidsd in our Montana courts and there have
besn various decisions in courts Of other
states. looked up the matter some time
ago and found that the majority Of de-
oisions give the city or state the right to
1~-- .--~snl AA~nn III IArAt0f1Na -han nfFAotU
have been opened the cost has come out OF
the general fund. Now it il proposed to
levy the cost on certain property owners.
This. then, would be . new matter for our
supreme court to determine. / have been
expecting that an injunction would be
served, and / don't know but what it is just
a. we'll to have our courts settle it."
Alderman Marcus Lissner has been the
most pronounced opponent to the paving
contract under the conditions determined
upon. He sud: II have heard some talk
tion. and I have no doubt that this will be
done. Several men have told mo that they
would raise a fund Of several hundred dol
lars to secure an attorney and carry the case
to the supreme court. l will subscribe to
such a fund because | believe it is all wrong
whole business 10 illegal. I have been
studying up the constitution some myself.
and 1 find that this council has no right to
levy q special tax like this. The money
should come out Of the general fund. One
property owner on lower Main street told
me that he would never pay a dollar taxed
to him, and that he would spend several
hundred dollars to have the matter tested
in court. Now, then, sec the cost that will
come to the city in this way. Six aldermen
voted against the contract, and if Alder
man Morris had been there he also, ! be-
lieve, would have voted against it. Now,
suppose we stand pat and do not vote to
make the appropriation for paving the
do. Ii takes a majority of all aldermen
elected to make an appropriation. The
only right and safe way to pave Main
street is with a flooring of plank beneath
the blocks and pay for it out of the general
fund. The injunction has only been
talked of, but a meeting of property own
ers will BE- held, and the injunction will nc
doubt be secured" +