The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-07-07
CITY COUNCIL.
The Telephone Matter Referred to
a Committee, After
Long Discussion.
The Byron Street Sewer Laid
Oyer--The Fourth Street
rIatter Referred Back
to the B. of P.W.

All of the aldermen were present at
Saturday nights meeting of the coun-
Gil except Aid. Fowler, and the mayor
presided.
A petition was received asking that
telephone poles be placed in the al
legs as soon as possible. 1t was signed
by 127 persons, the majority being
business men below Main street.
VIM. Buckholtz stated that it was
not practicable to place the poles in
the alleys, on account of the cross
arms. A side arm would be danger
Gus. The wires were raised partly on
account of the obstruction in case of
fires. The longest ladder in the fire
department is but 30 feet long Only
small proportion of the signers are
subscribers.
Aid. Peterson stated that all the
poles are an eyesOre and he would like
to see them all in the alleys. He did
not see that there would be much i'm
provement to change only one line OF
poles to the alleys and leave the
others.
Aid. Higgs did not want anything
done that would trespass on peoples
rights. The change in the system be-
ing made is a beneficial one.
The city attorney took the ground
that the city has no right to interfere
in the matter, and quoted supreme
court decisions to the effect that the
poles have no right in the street. De-
cisions are both ways, but the major
ity are opposed to the placing of
poles IN the street. The poles could
be forced in the streets by paying
damages to property owners. If the
fight between the property owners
and the telephone company continues
it will not end until it has gone
through the supreme court. The same
rule would apply to the alleys, where
people objected. One state supreme
court has held that a steam motor
could be placed in the street under
the public easement, and some law
yerS think that this would lead to the
permission of the telephone poles to
be placed in the streets. The city
has an ordinance giving the company
permission to put the poles in the
streets and alleys and giving coun-
Gil committee power to designate
places. He thought that probably
the ordinance or the charter is illegal,
for the reason that it permits the
taking of private property without
compensation.
Mr.. Buckholtz asked that the coun-
Gil appoint COMMITTEE to locate the
poles, according to the ordinance.
Mr.. Young stated that perhaps the
city would be liable for damages if
the poles were forced by the council
in the street.
Aid. Bashaw moved that the Board
of Public Works ascertain whether
the property owners oppose placing
the poles in the alleys, and if none
oppose it that the poles be placed in
the alleys. This was lost.
Aid. Pitcher moved that a commit
tee be appointed to which the whole
matter shall be referred, it being
given power to place the poles if it
deems advisable. This was carried.
The following committee was ap-
pointed: Aids. Pitcher, Hlggs and
BaShaw.
Applications for liquor licenses were
received from T. l. Tidball and Hen
ny Zimmerman Jr. July 22nd was set
as the date for hearing.
The lily engineer reported list of
names of property owners whose
buildings are in the streets. The re-
port was accepted of the city attorney
was authorized to take such action as
shall show the city's title to the pro-
perty.
The city attorney stated that the
city could not lease a street, but
could secure disclaimer of title and
could occupy the streets whenever de-
sirable
Aid. Bashaw moved that the Board
Of Public Works build crosswalks on
Mad son avenue and Minnesota street.
and IN Main and Plum streets under
certain circumstances, and at the cor
ner of Broad and Vine. This was
carried.
The chief of police reported twenty
arrests for June.
The mayor stated that he had been
served with notice of a damage suit |
for $1,000 against the city by Frank |
Flanagan. The latter was thrown
from his seat on dray on Byron
street by the wheels of the dray 90.
ing into the gutter or rut. On mo-
tion, committee was appointed to
investigate the matter and report at
The next meeting, consisting of Aids.
Peterson, Higgs and Widell.