El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-08-19
Breezy Council Meeting.
IContinued from Sd page.

partment will create a nuisance spe-
cially detrimental to owDers of adjoin-
ing lots, reducing the value OF the
property and impairing its rightfu
and proper enjoyment. After that
careful consideration of the law and
facts of the case which it's Importance
demands, it is my decided opinion that
the complainsntsr will be able to allege
sufficient facts to secure writ of in
may be perpetuated. Permit
me TO say that in reach
in this conclusion | agree with the
proposition of law, announced by the
city attorney in his opinion on file.
that where ground is dedicated to a
city without restriction, the city may
erect public buildings thereon, and no
property owner can interfere, unless he
can show that he has sustained q spec
ial injury, or that a nuisance is Great
ed" Here is presented mixed ques-
tion of law and fact, upon the proper
decision of which the whole matter es-
sentially depends. The title of the city
to this ground is not derived by deed or
grant from the proprietors, but arises by
dedication to the city, and simply from
the fact of being let's vacant and so de-
signated on the maps, and being claimed
by the city, and subsequently enclosed
and .beautified with trees the very
proof necessary to establish the city's
title by dedication, tends strongly to
establish the claim of the adjacent lot
owners, that the original proprietors
intended this property to be used as
pu bile park; and if so, it could not be
diverted from its public use to the de-
triment of adjacent property owners.
1t was precisely On this ground, that
the supreme court of Illinois enjoined
the trustees Of Princeville from erect
ing town hall upon a vacant square,
which had been used by the town as
public square for q series of years.
al fully realize the grave responsible
ties resting upon the city council and
its legal adviser, in determining the
question Of building the city hall and
tire department on the plaza in front OF
the court house, as the people evidently
EXPECTED II to he done, when voting the
appropriation, but should the council
attempt to build there, and be stopped
by Injunction. it is needless to say, the
city would suffer serious injury in the
delay in the erecting OF much needed
buildings-outlay of money in plans,
together with necessary expense and
cost of obligation. This may be certain
ly avoided by building separately, as L
am informed that no opposition will be
made by complainants to the erection
of the city hall upon the said premises.
Respectfully submitted.
IT. ]. BEALL,
Acting City Attorney"
After tie reading of the opinion Al
derman Badger addressed the council
and said that ne was in favor of leav-
ing that place just as it was If the city
vas not permitted to place the city hall
and fire department on it, and that the
city should buy a piece of ground some
where else and build both of them to-
gether as it was understood when the
election was had for the voting of the
bonds.
After making his talk Alderman
Badger walked out of the room. Alder
man Burton agreed with
Mr.. Badger and said that
was exactly the way he thought
in the matter. Alderman Clifford re-
ferred to the many beautiful mansions
st, bles were kept andthere was no smell |
arising from them, and he didn't see |
why any objection should be made to |
the stable of the department in the |
city hall.
1t was moved and seconded that the |
matter be laid over one week and TAX
en- upagain at the next council meet
ing. Motion was carried.
After having forgotten all about the
report of the city attorney some one
reminded the mayor about it so he
asked the council it's pleasure in
regard to it. 1t was moved and car
ried that it be received and filed.
Judge Besll stated to the council |
that Judge Kemp had written that it
was impossible to come home yet as
he was needed by the bedside OF his
sick wife, so the council granted him
an extension of leave for two weeks
| he nj
were so instructed that there would be
a caucus between themselves only |
some time this week, in regard to the
building OF city hall and fire depart
ment.