El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-05-01
Mr.. BAILEY
MAY BUILD
The Council Decides Not 10
Purchase His Property
THE KANSAS STREE !
Controversy Settled At a Meeting
of the Members Last Night On
This Special Matter.

Last night there was q special meet
ing of the city council, called to con-
slider the matter Of opening Kansas
street opposite the courthouse. AT
former meeting The matter was refer
red to Mayor Ma Zoffin with power to
act. Several conferences were held
between his honor and Z. f.. bailey,
owner of the property through which
the street must run and who is now In
the act of erecting q new building on 1T,
and MIR. Bailey was inclined TO meet
the city half way. He was willing to
take city scrip but here an OBSTACLE
was met In the state laws. The cost WAS,
however, greater than conlo De paiu
out of the current funds and 1t would
be necessary to raise money by loan
which necessitated the calling OF the
special meeting to Issue bonds and TO
provide sinking fund IL anything
further was to be done.
All the members of the council re-
sponded to roll except Mr.. Clifford,
who is out of town. Mayor Magoffin
stated briefly the object of the meeting
still in his negotiations. He had seen
Mr.. Bailey and come of the other
owners but could do nothing without
action by the council. He thought
something should be done at once II 1t
was intended to do anything at all. He
said that some $1,000 had been raised
by subscription and he thought the
banks would let the city have the
balance If the requirements OF the law
were complied with and sinking fund
provided TO pay she interest and prin-
cipal. Otherwise he WAS of the opinion
that they would not do so.
At the request of the mayor Judge
Kemp stated the legal status of the
case WIS that the council had power TO
open the street either by purchase OF
the property or condemnation proceed
ings, but in either case the property
must be paid for either at q price sgreed
upon or one fixed by the commissioners
before the street could be opened. If
the cost was to be such az could be
reasonably expected that the city
could pay within a year scrip could be
given and the amount put down as cur
rent expenses but he understood the
amount would be some $4,000 and for
that other funds would have to be
raised necessitating the issue of bonds
and the providing of q sinking fund.
The county, 1t was stated, would pay
$1,000 conditional on the citizens rails
ing 5000 additional.
Alderman Whitmore was opposed to
the measure. 1t would be unjust, he
thought, to the m sjority of citizens to
saddle them with debt of $4,000 for
Ogden and Drummer expressed them
selves in similar strain. Alderman
Burton was the only one to declare
himself in favor of opening the street
at any cost. He was convinced that it
would have to be done sooner or later
anywhere and the longer the delay
the greater the cost.
It was also called to the attention of
the council that even If they did pur-
chase Mr.. Bsiley's land it would not
necessarily open the street. 1t COM
prised only half a block and while the
city bad been in possession of the other
half for the last ten years or more it
was still claimed by others.
Judge Kemp when called upon ex-
pressed the opinion that the city had a |
good title but added that he never
liked to express an opinion as to the
of any lawsuit.
Mr.. Whitmore moved to drop the
matter and Mr.. Ogden seconded the
motion. On roll call six went on
record in favor and one, Mr.. Burton,
rs opposed to the motion. Thus the
Ong controversy ended.
The mayor notified Mr.. Bailey that
he could go ahead with his building
and the council adjourned.
Irwin & Co have q beautiful line of
Call and see them.