Waterbury Democrat., 1901-07-09
BOARD OF ALDERMEN
Mayor Kildun Believes in Recognizing
 Old Layout of Pine Street.

 The board of aldermen held an ad- \ journed meeting last night, there being present Chairman Hall, Aldermen Phelan, Kane, Mahaney, Boylan, Fo- ley, White, Cross, Goss. Callan ana Walker.
 Clerk Ryan read the following coIn- munication from his honor, the mayor
 Waterbury, May 2S, 1901. To the Honorable Board Of Aldermen of the City of Waterbury:
 Gentlemen: I herewith return 10 you without my approval me repoll ol the bureau of assessment, on the as sessment of benefits and damages afls- ing from the layout of Pine street, from Hillside avenue to Cooke street, and of your action on the same or date Nav 27. 1901. My action in the prem ises is not prompted by the report ol the bureau. but by the opinion or Clty Attorney Kellogg, submitted 10 you on the above date. The city attorney, III submitting his opinion to you relating to this Pine street layout, says, among other things. that 'I can find no fur ther record of this highway upon the town highway books down to the Ill., corporation of the city. h lSio new layout was adopted by the court or common council for the entire exleht of Pine street, from North WlloW streets to Cooke street. Ihls layout was adopted upon the petition or Charles Benedict and others whose land immediately adjoins this highway upon the east The layout was called "a survey of lines,' but 1 am Of the opinion that it. containing all the steps then necessary for the layout or a highway, was valid layout of this highway No assessment of Denents and damages was made at that tlme, but, as the records disclose rom the width of the old town highway, that no property was taken from any one, it was not necessary for legal layout that such an assessment of benefits and damages under the old charter must have been made. A grade for the highway so laid out was adopted by the court of common council on June 19, 1882"
 If the position above taken by the city attorney is a good and defensible one. and I believe it is, as he appears to have made q very thorough inyest1- gation into the matter of the first lay out. then there would appear to be no necessity for the city to adopt the lay out as adopted by you May 27, 1901. The adoption of such q layout and the assessment of benefits and damages arising therefrom will, in my opinion, involve the city in much and costly litigation, as I have been informed on credible authority that many appeals from the layout and from the assess mentS will be taken. Would it not be better to avoid this litigation by the city adhering to and recognizing the old layout? Your further considera- ton of the matter is respectfully re- queSted. D. G. KILDUFf,
 Mayor.
 The veto was sustained by vote Of to 2, all the members present voting for 1t except EIr GOss and MT Callan. This is a matter which was taken up at the urgent request of the abutting property owners. who represented that they were waiting to get the estab- 1iShed grade in oder to go ahead with extensive improvements. After a vast amount of labor things were finally got into shape there, but when the report of the bureau of assessment was heard some of those who prior to that time appeared most anxious to have the work done. didn't want it at all, that is. provided they had to pay any bene- fits. They held it up i'll the board of aldermen, thinking that the opinion of the city attorney would help their case. but in this they were diSappoint- ed, and then it was adopted by the all dermen and the work ordered done. Last nights action leaves it before the bureau of assessment again, and whether the sums assessed against the different property owners will be changed or not is something which no one knows at this time.
 The following petitions were read and referred to the board of public works: AdoIph Pollak ct al, for sewer in Locust street; F. H. Miller ct al, for sewer in Seymour street; J. A. Blanch- ard ct al. for the layout of Johnson avenue; George H. Cowell ct al, for layout of Hill street; A. J. Patton ct al. for the layout and establishment of building lines on Euclid avenue; D. E. Wright ct al, for electric light near his house: F. s. Hotchkiss, for permission to keep an express truck at the west side of the green.
 On recommendation of the board of health the petitioners for the abolition of the wind mill were given leave to withdraw, the machinery having been repaired and the nuisance abated.
 On recommendation of the board of public works q water main was or dered laid in Sylvan avenue from Washington street to Luke street. and in South Wilson street from Washing ton avenue to Fox street; also in Chapel street, Waterville, the people 10 meet tue cost IQ the last 1ameu place, to be reimbursed by the city later. All the other recommendations of the board of public works were ap- proved and the different layouts re- ported upon referred to the bureau of assessment
 On petition of F. B. Rice, John Hig- gins was made a special constable to do duty at G. A. R. hall. A communi- cation from the Waterbury Manufac- turing Co stated that James Hanley being no longer employed there, they desired that James McLarney be elect cd q special constable to do duty on their premises and at the Chase rolling mills The prayer of the petitioners was granted and the position of con- stable held by MT Hanley declared vacant
 A communication was received from the mayor suggesting that Philip Me EyOy. the man in charge of the green, be appointed a special constable. MT GOss said he did not think the alder men had the power to make such an appointment. On motion of MT Cal Ian. who thought this a matter which the police should attend to. the matter