Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-12-22
THE COUNCIL MEETING.
Light Business Last Night-The Judic
iary Committees Report.

were the absentees at last nights
meeting OF the common council.
Mayor Rack presided.
The committee on judiciary pre-
sented the following report:
TO the Common Council of the CSty of
| WdtertoaOn, Wisconsin: The judiciary
! committee, to which was referred the
bond of Henry Mulberger in the ap-
peal taken from the order of the
county court of Jefferson county, made
on the 18th day Of July, 1897, as to
the allowance of attorneys fees, costs,
etc., in the matter of the estate of
John w. Cole, deceased, have thor
oughly investigated and considered
said bond and the action of Henry
Mulberger and herewith submit the
following report:
First. We have carefully examined
all the proceedings of the present
common council, relating to the said
Cole estate, and we find that the said
common council never authorized an
appeal to be taken from the order
made by the county court, allowing
attorneys fees and costs, ETC., and we
hnd further that the said common
! council never appointed committee
to consider the advisability OF taking
said appeal or to consider the order
made by said county court allowing
attorneys fees, etc, for any purpose
or in any manner whatsoever.
Second. We find further that a
special committee was appointed by
the common council, of which Henry
Mulberger was chairman, for the pur.
pose of considering the sale of the
Homestead" and not for the purpose
OF considering the allowance of attOr-
neys fees or costs, etc, made by the
county court and We find also alter a
consultation with a majority of the
members of said special committee.
that their action IN this matter relat-
ed only to the sale of the ''homesteadn
and that no question of appeal was
considered or determined by them, ex-
cept from the order of license on the
sale of the homestead.
Third. We therefore conclude that
Henry Mulberger has signed said ap-
peal bond, insuring the diligent pro-
secution by the city of an appeal from
said order of the county court allowing
attorneys fees, etc., without any
authority from the common council or
from any authorized committee there
OF, whatever, and that it is unquestion-
ably an individual liability which he
has chosen to take upon himself. and
that he has thereby made himself
personally responsible for all the costs
which may accrue and also for fail
ure, on the part of the city, to prose-
cute, according to the tenor of said
bond
And your committee recommend
that the aldermen sign a protest
against continuing the appeal from the
judgment OF the county court in regard
to the allowance for costs and attor-
ney's fees in the estate of John w.
Cole, deceased.
Dated this goth day of December,
1897, and respectfully submitted.
Il. RACK,
CHAS. A. SKINNER,
l.. G.. SCHMIDT,
JAS. }. PRENDERGAsT.
Committee on Judiciary.
On the motion TO adopt the report,
Aid. Mulberger called for the ayes
and noes. All voted in the affirmative
except Aid. Mulberger.
The following resolution was intro
duced by Aid. Skinner and passed:
Resolved, That the committee on
streets and bridges prepare a plan for
sprinkling streets the coming year
and submit the same to the council
some time in January next.
In the judiciary committees report
printed above, it is stated that a
special committee was appointed 'for
the purpose Of considering the sale of
the homestead" This statement is
misleading and unfair. as it seems to
confine the province of the special
committee to a single purpose. The
| proceedings Of the council show that
said special committee was appointed
to generally investigate matters per-
tanning to the Cole trust estate, seven
different purposes being enumerated
| In the resolution which created the
committee. The courcil should be
! fair in all it's controversies EDITOR. /
New Pastor Installed.
Rev. Paul Brockman, late of Man
chester, was duly installed Sunday as
pastor of the Evangelical Lutheran
Trinity church. Prof. Koehler, of the
Watertown university, preached the
| installation sermon which treated