The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1901-01-24
A STORMY SESSION.
The City Council Met in Spe-
cial Session on Monday.
THIRD.ST. UNDER CONSIDERATION
The StormieSt Since the Old
Days of impeachment.

The Stormiest Since the Old
Days of impeachment.
As stated last week, the city has
been sued by 8. Pendergast and II. p.
Gallup who ask for a decree of the
court affirming their title to the eight
foot strip next their buildings on
Third.st., free from any easement to
the public for highway purposes. In
other words they ask the court to de.
clare that eight feet of the. sidewalk,
next the building is not a public walk.
but their private property to use as
they may desire.
Il is exactly the question raised by
Messrs. Hilsdale and Sprague relative
to the corner property, and which the
council did not defend. and these gen.
tlemen acquired such title as they de-
sired By default.
The papers now served on the may
or, and by him transmitted to the coun-
Gil with the following communication:
To the Honorable, the Common Couu-
crlof the City of Sank Centre:
Mr.. President and Gentlemen of the
Council herewith transmit to your
honorable body for your action there
on, summons and complaint in an
action entitled, Solomon Pendergast
against the city of Sank Centre, and
summons and complaint in an action
entitled, Hiram p. Gallup against
the city of Sank Centre, the papers
in both cases having been served upon
me as Mayor of the city, on this 10Th
of January, 1901. I have this day
called Your honorable body together,
in special session, at the earliest pos
sible moment, so that due time may
be given you to take action thereon.
/ would most earnestly urge upon
your honorable body that you under
take vigorous defense of the rights
of the public to the lands described in
the complaints in said action, and be
not satisfied until court OF final re.
sort passes upon the matter. This the
public demands of you and it seems to
me is duty you owe the public by vir.
tue OF your official position and your
official obligations.
Iwould further urge upon your hon.
orable body to ask the court in the
case of w. o. P. Hilsdale and c. M.
Sprague vs. the city, involving the
same subject matter rs the above
named cases, to reopen this case and
for leave to file an answer. am quite
satisfied that the court will permit this
by proper showing, which 1 believe
can be made. This latter case, as you
are aware, was allowed to go by de-
fault, and was, at one time, the sub
ject of communication from myself
to your honorable body, and 1 have
no reason to change my views in this
matter: and my views as expressed in
that communication apply with equal
force to the two cases above men.
toned. Respectfully submitted.
M. HOGAN, Mayor.
When the council met there were
present all members of the council
excepting Alderman Hickman, the
Mayor, and a number of interested
citizens, Messrs. Simonton, Miller,
Scherfius, Barto, Madsen, Emerson
and others. The mayors communities
ton was read, and a lively discussion
ensued. The mayor urged the reopen.
ing of the Hilsdale-Sprague Judgmen,
as we'll as a vigorous defense of the
new suits. Alderman Woodbury. op
posed reopeniug the old case. All
the owners of property on the north
side of Third-st., who were present
were opposed TO narrowing the
street, but felt that all owners of prop
erty along the street should be used
alike. This meant, really, that they
should be given title to the strip, and
paid for the sidewalk they had laid on
it, providing the Hills lale-Spraguec case
were allowed to stand as at present.
Alderman Woodbury. suggested that
if they opposed narrowing the
street and would convey to the city the
strip in question, the council might
condemn the corner strip. This did mt
meet with favor, in that it was not
treating all alike. The Mayor and
Alderman Woodbury. had heated dis.
cussion upon the proposition. After
a protracted session the council
adjourned for one week, when it is
expected the matter will be settled
definitely.
The Grand Army Post of the city