Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-27
TO STOP BOTH JOBS
Mayor Stuart vetoes Two lmpor-
tant Contracts.
MUST FOLLOW The PLAIN LAW
we.Ithy Asenss Bridge Attachments
&ad Plasnaeld Ayesas Pasink Con-
tF4ets Woaid Not he legal

Mayos Stuart Gled tso vetoes At I'D
last sseaing. saypsndinz the actsons of
me conmon e0uncil in orlisring tns en-
seution % the contrasts Tor the paving
- Plainfeld aveaus aud the baildinE Il
ths Wealthy avenue bridge ab1tmsntz
Aayor StuaFt's reasons Cor vetoing these
eootracts sfe given below in fali:
AAYoA's OFFiCz,
GnASD ksPlDs. Aich.. sept -. is92
To ths Honorable Common Coancil II
ths City q Grand Rapids:
0kSTLEaEx-by virtue q my ofics. I
hereby suspend the operations of and
veto the vote upon the motion u Alder.
man Aahoney. sheFsoy the contract for
paving Pi4inield avenue. -. called. be-
tseen the city q Grand Rapids and
koepko & Christ. Vas approved snd the
mayor instructed ID execgts the same In
behalf u the city. az a session % the
said common council. held on the 18th
dsy q September instant. for the reason
that the grade line u this thosonghfare.
once established by the eommon eoun-
eii. cannot GOV Do asceEtained or deter
uaine1
The establishment Of the grade line il
Que Of the necessary and fundamental
steps preceding the making u valid
tar roll. aud Il there - no established
gfs.ie on this street, or one that can not
lie noN found and accurately deter
mined. no tar roll can he lawfully made
fcr the collection Of the expenses of this
Improvement. aud. inasauch ~ the im.
pFovemcrt - upon the nve year plan
and would be paid out u the proceeds
81 boads. The setting aside 81 the tar
roll would necessitate the payment Tor
thls improvement BY the city at large,
and. inasmach al IL has been the settled
practics Tor the adjacent property
throughout the city 10 pay for It's ina.
proyement any proceeding that would
throw a TAR d twenty thousand dollars
upon the city 20 large. which should be
paid bY the adjacent property benefited.
would be such a serious calamity that II
has caused me unusual anxiety.
am aware that the city attorney.
whoss regal opinion | prize very highly.
has flied an opinion stating that ne
Thought the grade line could be aseer-
tained sufficient for all praeti-
cal purposes. and that there vas
no reasonable probability that this
,biection would DO fatal 10 an assess
facet roll After inspecting the profile
referred 20. 10 the opinion Of the city
attorney. and converting with the city
surveyor. my views differed from those
Of the city attorney and felt that there
was no grade line here. and that any
roll based upon the proceedings would
be void. The city attorney stated that.
the street having been improved upon
the .Tade Lac that was established by
the council 10 is69. while that line could
4 -. - -.
yet II sould DO conclusively presumed
that the street vas improved on the
Proper grade. unless satisfactory eyl-
dence was found 90 the contrary. and
thar. making due allowance for natural
wear and tear. the present surface of the
street would b. the true grade With
out attempting 20 explain how allow
arces could be made for wear aud tear,
/ determined to ascertain what evidence
could be produced against the city by
cur Own city surveyor. ia case Of con-
test. a0d bad tho city surveyor make
new measurements today 20 ascertain
the grade Inc. II possible. and submitted
% hin upon his return the following
questions, aad bic answers are appended
10 each:
q. Can you. from the profile of the
grade sast % have been established on
the 18th u August. lss9. mud tho grade
lac a. established by the common coun-
cilS A. Not with certainty.
@ Have you made survey and taken
. level a the present surface % the
street % ascertain Il such street vas
graded Ia accordance with the profile on
hies 4. have.
q Does such survey show that the
street was graded according 20 the pen
ca lire aoW appearing on sald profiiey
A. At the changes OK grade on the pre-
fss there ~ quite q difference 10 the
sssFafioc found 10 those noted on said
profile.
Y. Can you. from the profile and from
tha street. - survey or otherwise. now
Aal the grade line formerly established
ty che caaucils A. No This | regard
a. strong evidences against any grade.
With tls- sists 20 facts and not wish
loo - depend entirely upon my own
judgment in the matter. az regarded
one - - much importance 20 the city.
I c0nsoited the Hon J " Champlin
and submitted the facts 70 nim for his
opinion. which has b>sn given 20 ms In
writing and sill accompany this com.
municaficn. and. from an examination
thereof. y Wiii - s~en that he also finds
that there ~ no grade line. add hence
tast : roll based upon these proceedings
would - void.
When. therefore. lawyers % he ability
- IudQe chsmplin and Mr.. Taylor dif.
fer upon the matter. IL certainly throws
scne uncertainty upon what the out.
come - a contest upon the tar roll
rs.gtt b. and. when the whole natter
can - curp'f sni this objection utterly
renewed uith so little difficulty az the
present time. snd. With the feeling Ia
RS own mind that no valid roll could be
rlsdr. feel that | would he unfaifhfai
% NY cath ~ Office o. allow this sork to
proceed.
regret more thar can express that
am compelled g. take this course. as
am axare that u would give employ
nsrnf ~ = large number a men who
sorsly need he work. thouxb I doubt Il
much could - done upcu the contrsct
THE fal cr winter. a. ihe brick and
euytsione must al b ottsirea from a
defiance snd there wili undoubtedly -
eursidcrahie delay IN obtaining them.
Bur sc must ret irf cur wishes or SYN
pafhies lead "a g. violate the plain FRO
visicn ~ az aud do an injustice b the
city at large.
Respectfully submitted
VILLAS J SrUsKr.