St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-11
REARDON'S VAIN KICK
AGAL:ST THE MAY0R'S VETO or RE-
FUNDING RESOLUTION.
HIS HONOR Is SUSTAINED.

Assemblymen Fail to Pass New
Order for Third Street Open
ing-Selby Avenue Safety De-
vice Ordinance Passed = A
Snug Grist of Municipal Work
Turned Out.
Six members of the assembly trans
acted the business before them in an
hour last night. Assemblyman Light
nef requested the president in the fut-
ure either to call the meeting az 7:30 or
O'Clock, aud to have il definitely set
tied Which would be the hour. A con-
ference between the members resulted
in 7:30 O'Clock being the time set for
future sessions. or as sOon,thereafter as
quorum is present.
The committee on ways and means
reported in favor of sustaining
the mayors veto on the Sixth street
bridge assessment refunding orders.
Ihe report of the committee advised
that the refunding resolution be in
definitely postponed. owing to there
being no excess IN the fund, and from
the further fact that the city attorney
has advised the city council had no legal
right to refund money so collected. The
question Of the agreement made by the
representative of the city attorney and
the attorney for the property owners
was not gone into, but the report stated
that If there was such an agreement
the courts was the proper place to settle
that nhacn 0f fba maftar
Lectured by Reardon.
Mr.. Reardon was the only ore who
voted against sustaining the Veto he
claiming that the people who paid their
money on the strength of an agreement
with the city attorney should be pro-
tected. The property owners, he said,
had chance TO win their case if taken
to the supreme court. In order to pre-
vent the case being appealed an assist
ant of the city attorney made an agree
ment by which the property owners
were promised that if they paid the face
Of the assessment no costs or penalties
would have to be paid. Now after
term of years the city attorney declares
that the city has no right 10 stand by
the agreement made at that time.
Mr.. Lightner said interest and pen
altleS were abated in number of in
stances. and this was not legal. While
it might have been correct i'm this case,
there were other cases where it was not
legal. and was simply violation of the
law.
City Attorney Chamberlain took occa-
sion to explain that he had nothing to
do with any agreement made in the
case, the agreement and also the deris.
ion quoted by the committee 5eing made
by III. w. Phillips, who was then and is
now an assistant in his Office.
The mayors veto was sustained and
the report OF the committee adopted, Mr.
Reardon voting against both measures.
Council Wants That Device.
The Selby avenue safety device ordi7,
nance was passed by unanimous Vote
The amendments tackled on by Assem-
blyman LightueT provide that the de-
vice shall be operated solely in handling
cable cars, and that cars shall be oper-
ated with the same frequency as now.
The couuciTi is given the right to order
the device out upon six months notice,
in case the council shall determine it to
be nuisance.
The street car company will not ac-
cept the ordinance under the present
conditions, not being in favor of eX-
pending SIT, 900 in constructing the de-
vice, and then have it ordered out at
what they term whim of one or two
residents on Summit avenue.
TEaIrd street Opening. sc-- 80.
The city attorney advised the annul--
ling of all proceedings in the opening
and grading of East Third street, from
White Bear avenue to the east city linn
its, and the passing of new prelim-
mary order by the council. This is the
case where the city opened and then
graded two and half miles of street,
portion of which was through tract of
$40 acres owned by ID. j. Hennessey.
BY some blunder the city did not obtain
a right of way over EIennessey's tract,
but proceeded to let a contract and grade
the street. Hennessey obtained an
| Injunction, and in the meantime
the city attorneys Office found they had
| proceeded illegally. A resolution was
passed directing the city attorney to
| stipulate Judgment in the suit, but
| when the matter of passing new pre-
| liminary order came up. Mr.. Lightner
| and Mr.. Reardon opposed such action.
Assistant City Attorney Phillips said
| the contractors who bad done the work
| up TO the line of Hennessev's property
| had not been paid within $4,000 of the
| amount due them, and in order to raise
| this sum it would be necessary to re-
assess the property owners.
Both Mr.. Reardon and Mr.. Lightner
protested against any further work
being done, and the new preliminary
order was indefinitely postponed.
Municipal Odds and Ends.
The list showing the names and resi-
| dences of teachers and employees of the
| school board was submitted. This list
| was made owing to a resolution passed
| by the council some time ago notifying
| the comptroller to pay no salaries to city
| employees who were DOn-reSidentS. The
| list showed Kathryn Van Vliet,
teacher In the jackson school; Ida
| Hustled and Frances Montgomery,
| teachers in the Scheffer school, ar the
| only ones residing outside the CITY
| limits. All of these live in Mime ap-
| oils.
The pound ordinance passed by the
| board of aldermen was sent TO the CON-
| mittee on streets.
The city attorney detailed
| report showing the disposition of the
| amount allowed him Tor contingent
| fund. Accompanying this was request
| that he be allowed another contingent
| fund of $500, to be used in defraying
| the expenses of suit now pending in
| the courts against the city for alleged
infringement of patent used in the
| fire engine houses.
| The bicycle ordinance passed by the
board of aldermen was sent to the COM
| mittee on streets.
The contract for repaving and putting
down new sidewalk on the Robert
| street bridge, awarded to Thomas Reilly,
was approved. The cost of the work
| will be 1865, of which amount S2,477
| will be paid by the street railway COM
| panv. and the balance out of the special
| bridge fund.
The proper city officers were directed
to put in the tax levy for 1894 a sufficient
amount to pay for the lighting of the
following streets with gas lamps: Sum-
nit avenue, from Victoria to Griggs
| street; University avenue, from Dale
to Prior avenue; Case street, from
Payne to Westminster; Jessamine