The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-04-18
Will Go Ahead.

Both sides to the controversy claim
victory. The city claims that it is
not enjoined from doing what it in
tended to do, and is only enjoined
from doing those things that it did
not inteLd to do.
City Attorney Daley holds that the
board of public works can proceed to
award the contract, and the council
can confirm the contract. The board
must proceed to levy the entire cost of
the improvement on private property.
This is what the board contemplated
doing, and the city officials so stated
at the hearing on the injunction.
The board Of public works will
probably meet tomorrow to award the
contract, and the council can approve
the award at its meeting tomorrow
night. The result will be that the
collection of the assessment will be
fought, and this could be settled be-
fore the work begins in case the con
tractors would like decision before
risking the expenditure of money OF
the work. 1t seems likely that THU
course will be pursued.
As-soon as the 6ght was begun, thu
council abandoned the idea of the cit,
paying for any portion Of the improve
ment. This will add about 800 10
to the cost in case the pavement il
laid.
The case will be tried on it's merit
in the district court at the June term
on the issues raised in the complaint
The attorneys for the plaintiff CLAIM
that the decision is victory for thei,
side. They do not think that tn,
council intends to assess the entire
cost on the private property benefit
ted, and the city is .enjoined from do
ing anything else.
One of the attorneys said today tina
the paving cannot be done for two
years at least, because it will take
that length of time to levy and collec
tax sufficient to pay for paving thu
street intersections and in front of the
city's real estate.
The opponents Of paving, as stated by
the Free Press at the beginning of TIT
present conflict, will make every
effort to throw the matter, over unit
after the spring election, in the hope
that another set of officials will b.
elected, who will sit down on stree
paving.
Should the order of the court result
in tying the city up for the present i
would not necessarily mean that paw
ing could not be done.this year. Ii
case the city loses..when the case il
tried on its merits in June, it will
probably appeal to the supreme court
and as the next term is not unit
October. no paving could be under
taken this year. Should the city viii
at the June term, the court Nigh
dissolve the injunction, even though thu
plaintiff were to appeal in which cas-
the paving could be done the coming
! summer.
1t has been suggested among tn,
aldermen that even if the city was t.
be tied up until next winter, tn,
contract could be awarded before tn
present council goes out OF Office
should the city be sustained in tn
supreme court
According to the first report tina
reached the city hall, the injunction
was such as to tie the city up. Mayo
Petersen, in common with most o
the city officials, was disappointed, a
the belief was strong among them tina
the injunction proceedings would no
be sustained. He said that the cit.
would obey the Injunction, bu
thought that the city is being hell
back by people who are opposed t.
Improvements.