The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-16
REACHED NO DECISION
Street and Alley Committees Dis
cussed Sidewalks.
A FLAW IN THE CONTRACT
The City Attorney Insists That a Reso-
luton Should Have Been Passed
by the Council. Instead of
Adopting a Report.

The street and alley committee Of the
city council yesterday afternoon Crap
pied with a dilemma which confronted
It in regard to the laying Of sidewalks.
Early in the summer the council, after
advertising for bids, awarded the con-
tract for laying all permanent side
walks to be constructed during 1898 to
Contractor Rafferty,. Among the walks
ordered were in front of the business
places of ]. II. Leyson. NJ. ]. Cornell
and A. w. Barnard. These gentlemen
desire to put down a flag walk instead
of the kim of walk provided in Raj
ferty's contract. They were granted
this permission. but Mr.. Rafferty, came
forward with a kick and claimed that
this is a breach of contract, he having
a contract to do all the sidewalk work.
At the meeting yesterday j. ii. Ley
son was present, representing the bust
ness men, and Contractor Rafferty, was
on hand. accompanied by his attorney,
Judge Mediation. At the request of
Chairman Pascoe City Attorney De
Wolfe read the sections of the code n
the ordinances bearing on the subject
OF sidewalks. Mr.. De Wolfe regarded
the sidewalks not properly ordered.
c~ontending that this should be done by
resolution and after notification of the
property-owners. He said the city has
not really ordered a single sidewalk.
The adoption of the report of a commit
tee is not equivalent to the passage of
a resolution or ordinance.
Judge Mediation represented Con-
tractor Rafferty, at the meeting. He
showed a copy of the contract between
Mr.. Rafferty, and the city. He claim
ed hat under the contract Mr.. Raj
ferty has the right to ray every perma-
nent sidewalk ordered by the city dur
ing the year 1898. In his opinion there
was no doubt of the city's authority
to enter into the contract. He would
insist on Mr.. Rafferty's rights in this
matter. A certain agent for a flag
stone firm is around and has been con-
sulting a number of people, in addition
to Messrs. Council. Barnard and Ley
son, I'm regard to putting down walks
for them. While the loss Mr.. Raffer-
ty would suffer from his failure to lay
these three sidewalks might be adjust
ed, IL would be a bad precedent to es-
tablish. One property-owner mad re-
fused to deal with Mr.. Rafferty, at all.
claiming that he is going to get some
one else 10 put down the walk for him.
Unless the matter can be amicably ad-
justed, Mr.. Rafferty, will stand on his
legal rights and a legal controversy
will be involved. Mr.. Rafferty, was
however, willing to concede and was
anxious that the matter should be har-
m~oniously adjusted. Judge Mediation
argued that under House bill 204 it is
unnecessary to give the property-own-
ers n notice of the City's intention
TO lay a walk.
Judge De Wolfe differed from Judge
Mediation in regard to some of his
propositions. He insisted that under
subdivision 50 of section $500 the city
is required to notify the property-own-
err to construct the walk, and in case he
does not do so in a certain length of
time, then the city is to construct IL
and charge the cost to the AUDITING
property. He did not believe either
that the council had authority to enter
into a contract with Mr.. Rafferty,,
which il has made. While differing
with Mr.. Mediation on certain matters,
he agreed with him as to the desirable
ity Of an amicable adjustment of the
difficulty.
Alderman Rowan did not think the
city has any right to enter into a cor
tract with a man and take 1t away
the next time. If the city has no rigth
to make this contract, he thought the
city attorney should have called atten-
ton TO the fact at that time. He did
not think Mr.. Rafferty, should be re-
quired to suffer loss in the matter.
Alderman Pascoe did not consid-
err that there is any doubt of the city's
right to enter into the contract with
Mr.. Rafferty,.
Mr.. Leyson. the mayor and others
also expressed their views on the mat
ter.
After thorough discussion the COM
mittee decided TO turn the whole mat
ter owe to the city attorney to draw
up a statement of the case to be pre-
scented at the mex council meeting.