The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-12
He UNEARTHED A SEWER
Mr.. Oppenheimer Wants the City
to Remove 1t.
CUTS HIS CELLAR IN TWO
h Aldermen Say That It Is a
Natural Watercourse and De
cline to Interfere in the
Matter.

In digging his cellar for the big adj
dition to the York block on the rear.
j. +. Oppenheimer has unearthed a
lead which is causing him no end OF
annoyance. He hasn't made any rs
says of it, but by boring down he
found it to be the Buffalo gulch sewer.
From 2 feet to 3 feet 8 inches of
the top of this sewer is exposed above
the ground of the cellar. forming a
ridge running north and south almost
through the center of the cellar. NIr.
Oppenheimer doesn't like II. and n
wants the city of Butte TO cart its sew
err away or else sink it deeper so il
won't interfere with his cellar.
Some time ago Mr.. Oppenheimer. who
is n of the firm of the Symons Dry
Goods company, purchased the York
block, on West Park street, which is To
De converted into a big store for The
use of this company. The lot adjoining
the York block at the rear and fronting
on West Galena street was also mr.
chased. it being the intention to erect
there a two-story brick with basement,
which will form a part of the SymoEs
establishment. 1t was in digging the
cellar for this addition that the sewer
was unearthed. Mr.. Oppenheimer has
asked the city to lower the sewer So
mat the cellar will have a level surface.
He wants the backbone taken out of his
cellar and he wants the city to do it.
The sewer committee of the city
council went down there yesterday aft
ernoon to investigate the matter, the
aldermen present being Bryant, Noyes,
Ferns, Kelly and L~jubibratich. They
found that Mr.. ~Oppenheimer undoubs-
adlV has "A Eiak pnnafnn fnr 81, a1n-.,
divides the cellar into two parts and
stairs would nave to be constructed 10
climb over from one side of the sewer
to the other. Furthermore, the sewer
gives signs of decaying. There are
holes in it, and the stencil arising from
these holes would likely prove a nu!-
sance in the cellar and probably the
smell would penetrate through the en-
tire building.
The aldermen agreed on these points
but they did not agree with Mr.. Op-
penheimer that ii is the business of the
city to lower the sewer, which would
cost several thousand dollars They
argued that the sewer is a natural wa:-
er course There used to be. in the
early days. a creek which came down
from CenterVille through a gulch
known as Buffalo gulch. 1t passed over
the present site of Maguire's opera
house and the York block and the OPP
DtiIltlIlltI lOl. men bullt Dttdlilt Il
city the gulch was filled up just as il
is now proposed to fill up Missoull
gulch. Along the route of the old u
falo gulch creek a storm sewer was con-
structed. No. objection was made to it
at the timsiand IL was recognized as a
great benefit. The aldermen argued
tina this sewer is a natural water
course. put through by nature ages be-
fore Butte existed. and that as Mr..
O|ppenheimer alone is to be benefited
by changing this natural course, he
should bear the expense. Willingness
was expressed to plug up the holes in
the sewer so hat it will not be often
sive. but the aldermen were not in
clined to the view that the city is un-
der obligation to lower the sewer.
Should they do so, years hence some
future owner of the property might 1e-
eide to dig a still deeper cellar and
again expose the sewer and want Il
lowered again. They thought that aft
er so many years have elapsed without
objection to the purse of the IT
should be allowed to remain, or at
least the city should not bear the eX-
pense of lowering IL.
After discussing the matter for some
time the aldermen voted to call on the
city attorney for a legal opinion as 70
whether the city is under obligation 10
lower the sewer