Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1899-01-13
WILL GO TO THE COURT
City Council Discusses Cemetery Again
and Wrangles Over the City Hall
Site Grading Bill.


The city council held an adjourned
meeting Tuesday night, and il anyone
thinks this body of city law makers
has uninteresting sessions they should
attend once and awhile and learn diff
ferently.
Tuesday evening after accepting the
city treasurer's report and attending
to minor matters the purchase of the
cemetery was taken up, and after con-
siderable discussion as to the Legality
of the warrant that might be issued
for it, the question of public sub
scription for the purchase of the pro-
perty was again brought up. The fact
that the property would cost the city
a warrant to the amount of $1,000, when
it might be purchased for s4OO cash,
prompted many public spirited citizens
present to volunteer the payment of
from 50 to $40 each in cash, with the
hope that slO0 in cash might thus be
raised among the citizens, each sub
scribcr to be decided cemetery lots to
the extent of his subscription. The
sum of 800 was subscribed then and
there and it viii! be pushed along.
Then the bill of d. Petty for $1,000
for grading the lot upon which the city
hall is located came up for action, and
the council had a big time over it. MIR.
Petty bases his claim upon an action
OF the city council of January 20, 1898,
wherein uron the motion of Alderman
Marty the present city hall site was ac-
cepted with the consideration that
the city pay the cost of grading" This
city hall site was upon Ninth street,
where it intersected River avenue, but
it was afterwards vacated as a street,
and thereby reverted to adjoining pro-
perty owners, or Mr.. Petty. Mr.. Petty's
bill under dispute is for the grading.
Mayor Hargens opposed the bill strong
ly, contending that the records show
that the grading of the city hall site
was placed in charge of the street and
alley committee, which was paid for by
the city, and that the city thus paid
for the grading according to the mo-
tion by which the city hall site was
acquired. From what we can learn one
cause of objection to the bill, or one
which gave rise to the question as to
whether the bill should be paid by this
council, was the fact that SO much
time had elapsed since Mr.. Petty
claims to have done the grading, and
why the bill was not presented and al
lowed at the time and by the council
which made the contract. But to this
MIR. Petty says that he performed his
part of the contract in full and did the
grading, and it then remained for the
city to fulfill its obligation to him; that
he had presented the bill to the city
administration preceding the present,
but that through some dissension be.
tween the mayor and codncil quorum
could not be secured for meetings.
After the whole matter was thor
oughly discussed, principally by the
attorneys for Mr.. Petty-Messsrs. E.
r. Juckett and w. B. Dudley-and
Mayor Hargens, the motion to allow
$1,000 as compromise of the bill was
put, resulting as follows: Yes, Stew
art, Cook. Ferguson and Connor; noes,
Barnes, Daley and Silkenson. The
mayor declared the motion lost, con-
tending that as it appropriated money
it required majority of all the votes
of the council, OF five votes, instead of
a majority of those present. Thus the
matter ended SO far as the action of
the council is concerned.
Mr.. Dudley informs the STAR that
suit will at once be instituted against
the city 10 recover the amount claimed
by Mr.. Petty for grading-contending
that to be the consideration for the
city hall site.
1t promises to be quite an interest
ing case and there is diversity of
owinion as to the outcome.
Mayor Hargens says he is opposing
the bill only in the interest of the city,
believing after thoroughly examining
the records that the city has once paid
for grading the property in question,
even though Mr.. Petty may not have
received that pay; that the motion up
on which Mr.. Petty bases his bill did
not provide that he was to do the grad
ing, but that the city should pay for it.
Those favoring the bill contend that
inasmuch as Mr.. Petty has not been
paid for grading, as he certifies in his
bill, he should be.
The question before the court, if we
understand it correctly, will be wheth-
er Mr.. Petty did the grading on that
particular lot, OF whether the city did
it, and it is probable that the city re.
cords will receive such an overhauling
as they never had before. The case
cannot come up before the April term.