Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-08-28
Condemnation Measure Carried
With Only 3 Dissenting Votes.
SOLICITORS OPINION ON THE SAME.
Says Population and Indebtedness of
the City Must Be considered-The
Observation-Disclosures Barnes Res
olution.
From Fridays Daily.

The city council in special session
last evening passed an ordinance es
tablishing parks on the vacant lots
north of the Union depot and on lots
Nos. 1, 8 and in the Robert Fellows
addition. The measure had previous
ly been brought UP for a second read
ing, and the session last evening was
called especially for the third reading
and passage of the same. Aldermen
Barnes. Mather and Polling were the
only members of the council. casting
dissenting votes on the passage of the
ordinance, each explaining his reason
for so doing. Previous to the final
reading of the ordinance Capt. w. II.
C. Jaques, city solicitor, rendered an
opinion in regard to the lawful rights |
of the city in condemnation proceed |
3ngs, which Is exhaustive and brings
out several technical points. The
city solicitor quoted several sections
from the code relative to the matter,
and cited authority for the statement
that eight weeks are necessary to
bring about condemnation proceedings
against property which is owned by
nonresident of the city.
& AS stated in the Courier last eve
ming $4,000 of the amount necessary
to purchase the lot at the corner OF
Main and Washington streets, now
owned by the Anheuser-Busch Brew
ing Association, has already been sub
scribed, and Capt. Jaques was instruct
ed to negotiate with the present own
ers of the property relative to the
purchase of the same, before condenl-
nation proceedings are Instituted. 1t
was stated by members of the council
that the Anheuser-Busch Brewing AS.
ISOLATION has repeatedly refused to an
swer letters of inquiry from Ottumwa
scitizens relative to the sale of that
particular property, but it was the
opinion of the council that if the firm
is approached officially, it will con-
slider a proposition looking to a
purchase by the city.
Alderman Mather's Opinion.
Before voting upon the passage of
the ordinance Alderman Mather stated
that he was opposed to it. He said
that if two-thirds of the purchase
price will be subscribed by citizens,
he will be in favor of the city pur-
chasing the rest.
Alderman Barnes Stand.
Alderman Barnes expressed the
same opinion and in addition warned
the council against getting into law
suit in instituting condemnation pro-
ceedings, which he said might result
in very great expense to the city
before title is acquired to the prop
erty. He referred to the statement
that was made by the solicitor rela-
tive to the law requiring eight weeks
to condemn said property, during
which time Mr.. Barnes said the pres
ent owners would have completed the
extensive improvements which they
have already begun.
Dscountenanced intimidation.
Alderman Hyatt said he thought
the feeling of intimidation that was
manifested by his brother aldermen
was wrong He called their attention
to the fact that there are few import
ant issues, but that require decisive
stand, and this he considered one o.
the most important.
Favored the Ordinance.
Alderman Asbury said that he hac
been informed by certain Individual
who had written the Anheuser-Buscl
Brewing Association that it will no
sell, but that until that fact is ascef
tanned officially, he thought the prop
er course to pursue was to go ahea'
with the passage of the ordinance
and thus be prepared for condemnd
ton proceedings in case the city sc
licitor's negotiations for purchase ar
ignored, which he did not think vii
be the case. Alderman Hoglund cor
CURED in the remarks made by Alde'
man Asbury, and other members G
the council expressed the belief tbs
the Anheuser-Busch Brewing Associs
tion is anxious to comply with tn
wishes of the city in regard to the Ill:
position of this matter, and that
will do so when properly approached
The ordinance was then presente
for the third reading and passage
When the roll was called, Hoglunt
Hyatt, Keefe, Boggs, Asbury and HUI
voted aye, and Barnes, Mather an
Polling voted nay.
The Ordinance.
The ordinance as passed last ev'
ming reads as follows:
IAN ordinance establishing parks Q
that tract of land lying between Was
ington and Marion streets, and C.
tending from Main street to the mort
east line of the right of way OF Il
Keokuk & Des Moines railroad cor
pany, and that tract of land known {
lots Nos. 1, 3 and in Robert Fe
lows Addition to the city of Cttumw
Iowa, and providing for acquiring tit
thereto by purchase or condemnatio
BE it ordained by the city count
of Ottumwa, Iowa:
Section THAT park be and
hereby established on that tract
land lying between Washington al
Marion streets, and extending fro
Main street to the right of way of tt
Keokuk & Des Moines railroad COZ
pany in the city Of Ottumwa, low
to be known as The Ballingall Par!
Section 2.-That a park be and
hereby established on lots Nos. l,
and S in Robert Fellows Addition
the city of Ottumwa, to be known
Riverside" park.
"Section 3.-That the street COZ
mittee be and is hereby directed
purchase from the owners thereon
+boea TRAGIC of land described in Sc