The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-18
Alderman Page Tried to Spring
a Sandpit Sensation.
THE SIDEWALK QUESTION
The Contractor Will Hold the City Re-
Sponsible for Losses He May Sus-
tain-The City Attorney Says
the Contract Is Void.

well. He wanted to know who was
interested in furnishing sand to the
paving contractors. and he was nform-
ed that the contractors were Dugan,
Kinds and Ryan.
Il will ask the city engineer II he has
not got information that Alderman
Britt is interested in the sand pit at the
race track said Mr.. Page.
Engineer Bickenbach said he had no
such information.
The engineer told me so on the street
the other day and so did Mr.. Ryan"
said Alderman Page.
Alderman Macarthur said IL was no.
body's business. as Mr.. Britt had a right
TO carr an honest living. 1t was evil
dent he had no interest In any contract
with the city.
II think ii unconstitutional and /
would like to have the opinion OF the
city attorney on It," said Mr.. Page.
hi mayor decided that there was
nothing before the house and the Incl
dent was closed.
The sidewalk question took up several
hours of the councils time again last
night. A notice was received from At
torney John j. Mediation. representing
John Rafferty,. the sidewalk contractor,
protesting against the city granting
permission to certain property-owners.
notably on West Granite street, to lay
their own permanent sidewalks. He
said his contract with the city was
absolute that he should lay all such
sidewalks. and he would hold the city
liable and responsible for all damages
he might sustain. and threatened to
take legal steps to enforce his rights.
City Attorney DeWolfe repeated his
quotations of law and the argument
presented at the committee meeting a
few days ago and held that the con-
tract with Rafferty, was illegal and
void, as the law required the city TO
give notice to property-owners to lay
sidewalks or hat the city would do so
at the expense of the property, and that
no sidewalks could be laid or taxes
levied without such notice and without
an ordinance declaring the intentions
of the city TO do so. Long arguments
on the part of the aldermen followed
and they all expressed the opinion that
the city had put itself in a bad position
if the law was correctly laid down by
Judge DeWolfe. After several hours Of
talk it was decided to instruct Rafferty,
to go on with his work and complete
the sidewalks he had begun and let
the matter go at that for the present.
In conformity with the city attorneys
opinion. an ordinance was introduced,
I DIbNl hlIk " lIt ldNlIls VI u ~
on East Park street and West Broad
way. and a form of notice TO the prop
erty-owners was adopted.
The mayor informed the council that
the lease of Lee w. Foster on the prop
erty in the rear of the city hall. was
about to expire, and he suggested that
a ouncil committee be appointed to see
what the property could be secured for
for city purposes. The matter was re-
ferred to the building committee.
A resolution was passed, fixing the
tax levy of the present year for city
purposes at II mills. 10 mills being for
general purposes. one mill for library
fund and one mile for the sinking
fund.
NJ. Belle Coghlan, a woman with an
advertising scheme, was given permits
sion to address the council. She said
she wanted to publish an illustrated
pamphlet, giving general information
about the city and county, and she ex-
pected the city council n the county
commissioners to contribute something
toward IT.
A contract of Hartman & Jennings
for the construction of a sewer, accom-
panied by a s., 900 bond with Charles o.
Hudon and p. ]. Brophy. as sureties,
was approved. Four contracts and
bonds presented by Winter. Parsons &
Boomer were also approved. the con-
tracts DelnR lot EIdulnS ana the con-
Struction of sewers in various parts OF
the city. The sureties on the bonds
We're p. ]. Brophy and Joseph II.
Case.
James II. Lynch and Edward Lynch
gave notice that they wished to with
draw from the bond of F. NJ. Johnson
a house mover. The matter was re-
johnson instructed to furnish new
bondsmen.
Another communication was received
from ]. r. Oppenheimer regarding the
sewer which runs under the York
block and too near the surface of the
ground. and the city attorney was
asked for an opinion as to the duty OF
the city to change h sewer. He said
II all depended on the question whether
or not the city had obtained a right
to build the sewer. when II was built
and in the absence Of any evidence or
that point, he suggested that IL was 2
matter of compromise between the city
and Mr.. Oppenheimer. II was stated
by several aldermen hat the sewer was
a natural water course and that Mr.
Oppenheimer knew of it's existence be
fore he purchased the property IN
tina the city had nothing to do will
IT. II was also suggested that Mr.. on
penheimer could remedy the matter by
making his basement lower. The com
munication was disposed of by beinf
placed On file.
The superintendent Of the water com
pany reported progress on the exten
sion of the water mains on the ives
side.
]. F. Richards e. Co. made a reques
for a refund Of s1.26 in tax penalty paid
The matter was referred to the judici
arv committee.
Charles Bulow complained that de
linuuent sewer and sidewalk take
stood against his property. He sal,
he had a receipt for the sewer tax am
had built his own sidewalk. He there
fore requested that the a be strickel
off. which was done.
In regard TO the collection Of delin
quent CITY taxes. a communication wa
received from County Treasurer Hind
suggesting that he be authorized to &C
cent the delinquent taxes without pen
atty. II paid at once. and that he b
authorized by the city TO employ a spe
Ciai tax collector. The proposition wa