Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-09
City Council Legislate For
Street Improvement
OWNERS WERE IN THE DARK
Filed Written Protests Against the Res.
0lutiOns When They Should Have
Stood Up to be Counted,

The mayor and city council took ad-
vantage of a legal technicality, at last
nights council meeting, and in further
ance of paving projects, created ten new
improvement districts, in defiance Of the
protests of a majority Of the property
owners in each of the new districts. AS
the result, thousands of dollars will be
expended in street improvements during
the coming summer. And this is how it
was accomplished: The law governing
such matters provides that when paving
or like improvements is contemplated,
there must be introduced in the council
resolutions, in which the municipal de-
signs are plainly set forth; these resolu-
ions must be published, and the council
must set a time for hearing objections to
the adoption of the resolutions. If tax
ayers representing more than one-halt
of the property in any one district appear
before the council in person, or are repre-
snted by counsel, and object to the crea-
ton of the improvement district, the pro-
ceeding is stopped and cannot be brought
up again in the council for a period of
six months. If, however, the protests are
not made as stipulated at the time set for
hearing objections the council proceeds to
pass the resolution creating the improve
ment district. The contract is then let for
the paving and the property owners must
pay the bill, pro rata, on the basis OF the
amount Of their holdings in the district.
At a previous meeting of the council
the resolutions creating the ten new i'm
provement districts were introduced and
took the regular course, and last night
was designated as the time for hearing
objections. During yesterday afternoon
it simply rained objections, and from the
number received it looked as though own
ers representing at least tWO-thirds of the
property in each of the proposed districts
were against paving. But the DIRECTORS
made this fatal error: Their objections
We're in writing. They considered this
sufficient, and did not appear before the
council and protest in person, to the pro-
posed improvement, as the law provides,
and their written protests had about the
same effect. legally, on the council, as do
the waves that dash against the rock of
Gibraltar. They We're in effect no objec-
tons at all, and five minutes after the
converting of the council the resolutions
had become laws, ten new Improvement
districts had been created, and much
paving will be done in Butte as soon as
the gentle s%pringtime comes.
When the council convened all the
aldermen We're present with the exception
of Ljubibratich. On the benches outside
the aldermanic rail sat a large number of
DIRECTORS. The atmosphere seemed
charged with expectancy. The roll was
called.
.'This meeting" said the mayor as he
rose, "has been called for the purpose of
hearing objections to certain resolutions,
creating ten new Improvement districts,
which if they become laws will provide
for the paving of certain portions OF GER
tain streets" He then described the vari-
Gus districts and streets. This is the
hour he continued, designated by the
council as the time for hearing objections
from interested property owners, against
the adoption of these resolutions. If there
are any present who desire to make OBJ
~iections it is in order to do So"
Back on the spectators benches sat half
a hundred DIRECTORS. Thinking themselves
secure in their written protests they made
no sign.
Alderman Pascoe asked if the adoption
of the resolutions committed the council
to granite blocks. He said he had been
informed that some of the property own
ers preferred Vitrified brick.
The mayor replied that a change or
designated paving material would neces-
state entirely new resolutions.
Aldermen KnOwlton, Noyes and Near
thur discussed the matter.
No objections having been heard from
those who sat back of the rail the roll vas
called on the adoption of the resolutions.
Every alderman voted aye.
The mayor declared the resolutions
adopted.
Then the DIRECTORS realized that some
thing had dropped. S. V. kemper arose
and wanted to know what had happened.
The mayor told him that no objections
having been made to the resolutions, they
had been adopted by the council.
Then Mr.. Kemper kicked. Il represent
more than so per cent of the property in
several of the districts created said he,
land have filed written objections
The mayor informed him that a written
objection was of no effect and that OBJ
~iectors must be present in person or be
represented by counsel, and make his
protest before the council. During some
further discussion the mayor told Mr..
Kemper that the council had complied
with the law, and that protests were now
too late.
J. H. Curtis was then allowed the priv
ileges Of the floor, and proceeded to tell
what he thought about "croakers'
against public improvements.
This closed the paving matter.
During yesterday afternoon the fol-
lowing written protests were filed in
the office of the city clerk:
District No. s, Broadway from Acad-
envy to Montana. James Shackleton,
Frances & Brewer, J. L. Morris, Silas F.