Waterbury Democrat., 1901-10-15
TIE WALKER DAMAGES.
Caused a Split in Democratic
 Ranks Last Night.

Mayor Kilduff's Veto Ignored and the
 Republicans, With the Assistance e.
 Aldermen Tyrrell and Kane, Voted
 to Stand By Their Former Action
 Kevin Drury's Higher Pay Letter
 Was Side-tracked Without Action.
 The board of aldermen held a meet ing last night, Chairman Hall presid- ing and all the members being present 1t was a lengthy, stormy session, ani proved something that has been demon Strated time and again to the people of Waterbury, that is, that when the republican members of the board ol aldermen start out to do anything ana find that they are not able to accom- plish it alone they Invariably succeed in winning enough strength from the other side to enable them to carI'y their point. This is a feat never yer performed by the democrats. The fight last night was centered upon the veto of Mayor Kilduff regarding the award of SS9S to Robert and Alice Walker for damage to stock in their cellar on August 19. 1901. This, and harm less looking resolution passed over 10 the clerk by Keyin Drury, helped to make up one of the most interesting meetings that took place in the alder manic chamber in many years.
 Aldermen Cross and Phelan were ap- pointed as a committee to canvass the vote of the last election, and while this was being done a recess was or dered. At thaS time the republicans were in the minority and as it was known that they had planned to oyeS- ride the mayors veto before adjourn ing, many were curious to krow how it could be accomplished under such conditions. But the telephone was soon brought into play and before the committee had finished it's labOrs Ali dermen Goss TyrrelI and White haG been found and were seated at their desks. Even then they had to get two of the democrats to vote with them in order to defeat the purpose of the veto, so that the mystery was not solvad until the question was put to a vote. Of course it was we'll known that sIr Tyrrell would stand with the republi- can side of the house, but what was puzzling those not on the inside was to where they were going to get the other man. He turned out to be Al- derman Kane. but in justice to him it ought to be said that he is a member of the law committee. who with Alder men Goss and Callahan. had recom-
 
 mended that the Walker claim be paid
 When the committee appointed ro canvass the votes cast at the election reported. the names were read and rfIe parties having the number of votes necessary to entitle them to election were declared elected by the chairman At this juncture Kevin Drury made an effort to get resolution before the board, but Alderman Goss objected Iln> less some member of the board should agree to father it, and without waiting to see whether anybody wanted to do so or not, the alderman from the sec Ond moved that the veto of the mayor, tabled some time ago, be taken from the table. This was the signal for the impending combat. The motion was carried by party vote. Then the fol lowing motion was offered:
 Voted, That this board adhere to its former action regarding the award of damages to Robert and Alice Walk CT. the mayors veto notwithstanding"
 Alderman Callan said he understood that there was doubt in some quarters as to where the city attorney stood on this matter and that he thought it would be well to hear from him before going further in the premises. Mir Kellogg stated that he had advised the law committee that the city was liable in this case on representations made to him by the committee, and explained the difference between this and al- leged cases where parties had sought to recover damages from the city for losses caused by surface water. nota- bly, along the line of Little brook. In his judgment the city was liable and the amount recommended to be paid in settlement of the claim can be col lected from the Hellmann Brewing Go.
 Alderman Mahaney: Isn't it fact, Mir Kellogg. that you told com mittee from the board of public works a few weeks ago that the city was not liable for damage caused by sur face water on the property of someone at the corner of Winchester and North Main streets? The mans cellar was flooded and everything in it destroyed He claimed damages and committee was appointed to inquire into the case and reported back that you said thlt the city was not liable for damage caused by surface water during heavy rainstorms''
 MT Kellogg replied that this was not a parallel case. In the Walker case the city had failed to use reasonable care to prevent the surface water gey- ting onto the street. while in the other MT Kelley had informed that due pre- caution had been taken to prevent damage.
 Alderman Mahaney: Perhaps that Is so, but in any case don't think we ought to order this bill paid. I'm q neighbOr of MT Walker. friendly with him, trade in his store for anything l want in his line and am satisfied to see him get what belongs to him. know his store was flooded. watchc,f the water rise that day and went over to MT Walkers place when the water was within a foot of the floor; looked in, noted the condition of the place, and have a full recollection of it all. Now it is common rumor that MT Walker was not damaged one-fifth of the amount we are asked to pay him. It is claimed he did not have stock enough in his cellar to make up sucn a bill and that an inventory of the damaged stock would not show value to anything like that sum. Tn any case, as the mayor states in his veto, there is an element of doubt as to whether the city is liable or not, am so long as there is l as a taxpayer shall refuse to vote to settle until see the question decided in the courts. If MT Walker has as good a case as he thinks he has. why is he afraid to take the matter into the courts? They say if will cost him too much. This is not so. It won't cost him cent If he can establish the fact that tue