Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-06-05
BLUNDER
Made by the Board
Has Dragged City Into
Another Law Suit.
Solicitor Was Ordered
to File Petition.
Appropriate Name Adopted For
City's New Park.
No Action on Report Of Rodistrlotina
Committee.

No Action on Report OF Redistrictinq
Committee.
City Solicitor Esgatc has been in
structed by the Council to begin pro-
ceedings in the court to right an error
made by the Board of City Commits
sioners in connection with the purchase
of the site for the No. 3 1re depart
ment house.
The matter was called to the atten-
ton of the Council by President Fie-
beger last night. He was instrument
! tai, in a large measure, in securing the
original proposition for the property
from Charles Kryder, the executor of
the Polly Kellog estate. Mr.. Fiebeger
read this proposition to the Council.
1t specified that the city was to ac-
cept the offer within 80 days or the
same was to be null and void. This
proposition was dated March 8, 1900.
The day following the drafting of this
proposition Mr.. Kryder called on the
Commissioners and submitted another
one in which he agreed to sell the city
the same property, less 1900 square
feet. for the same price, $500. The
Board, for some unknown reason, ig-
nored the original offer and accepted
the second despite the fact that 1t was
not as advantageous as the first. 4
deed was executed and recorded in ac-
cordance with the description con-
tanned in the second proposition. 1t
is now found that the city has not Sc
cured sufficient land for the building
which it proposes to erect.
In referring to the matter last night
Mr.. Fiebeger said: II believe the city
paid fair price for all the property
tbat was offered it in the original prop
osition | believe that we should have
all that we are entitled to and for that
reason I move that the Solicitor be in
structed to begin proceedings that Will
result in the city getting all that was
specified in the original proposition
He said that after making the prop
osition Mr.. Kryder had decided a por-
t,op of the property to another party.
Solicitor Esgate said that, in his opin
ion. the original proposition was vaad'
He thought that there were number
of questions of fact that might enter
into the matter in case it was brought
IN trial. He referred TO the action
taken by the. Board in accepting the
second offer made by Mr.. Kryder. Be.
cause of it's being accepted he thought
II might supcrsedc the original. lie
was not prepared to say what the out
come would be if the case was taken
into the courts.
"Did the Commissioners ignore the
first proposition" asked Mr.. Brady.
"Yes. sir" said Solicitor Esgate.
"Am to understand that the Board
made a new proposition by which II
agreed to pay the same sum for 12oC
} square feet less than contained IN tn,
, original proposition. That was
nueer state of affairs. Now we 1nd
that we have not enough land Oh
, which TO build the house"
City Commissioner McMillcn wa'
present. He pleaded ignorance OF th'
, affair, claiming that he was not pres
ent at the time the action was taker
by the Board, Mr.. Fiebegcrs motor
was passed.
ANOTHER COMPLAINT.
], w. Corbett, who has been before
= the Council on several occasions, ap
peared again last night to call the ut
tention of the body to the conditions
existing on Furnace ST., In the vicin
ity of his place of business, at the cor
ner Of Summit st. He claims tha
because of the sidetrack, built by thu
A. & c. Il. II. Il. company, he has beer