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

parallel with the river and being not
more than an average of four blocks
from it. The soil readily packs into
a firm and solid surface, thoroughly
she dding water, so that at all times it
has been and now is the best street
| for general traffic and travel in the
city of Mankato, and in all respects
sufficient to answer the public de-
mands and necessities. The street is
100 feet wide, with the travelled por-
tion 65 feet wide, and the street was
by order of the council graded, ma
cadamized curbed and guttered not
more than two years ago, and the cost
thereof assessed to the property, and it
is now in first class condition
With a few exceptions, the lots
fronting on the street are owned and
used as homesteads by Iaboring and
business men and women who have no
income except their earnings
The city has population not ex-
ceeding 10, 500, and none of the streets
have been paved, and public necessity
does not require that Broad street
should be paved, etc, and narrowed
to thirty feet.
The city is the owner of lot s. block
3, Waite e. Rollofson's end add, and
lots Z and 8, block 81, city, and
Lincoln park. all on Broad street be-
| tween Vine and Lincoln street, and
having frontage thereon of 300 lineal
feet.
The council on Feb 81, 1902, wrong
fully and unlawfully passed motion
! to the effect that public necessity re-
qaires that Broad street be paved, etc.
No petition or application Of any
kind, signed by any OF the property
owners affected or any one else, ask
ing for said lmpro ement or any i'm
provement, had been or has been made
to the council or any other official of
said city. Said motion was made
and adopted solely for the purpose of
arbitrarily and without any necessity
or demand of any kind therefor, and
contrary to the wishes and interests
of more than ninety per cent of the
property owners interested, ordering
said improvement.
On March IS, 1902, the council
amended the specifications that had
been amended by the board of public
works, including stone curbing in the
specificai ons, and the character of the
/ Improvements was materially changed
and the cost thereof increased at least
/ s., 900, in violation of chapter AZ o
the charter.
The specifications are Illegal, INSULT
| Gent. arbitrary and contrary to the
| provisions of said chapter A. and cal
culated to destroy, and do de troy,
and hinder competition among bid
ders, and arbitrarily, unlawfully and
unnecessarily increase the price and
cost of the making of said improve
ments, because the successful bidder
is limited TO "PitcE lake. asphalt
| from Trinidad, or Bermudus asphalt.
The said Pitch lake is the private
property and under the absolute and
sole control of the Barber Asphalt Co..
and the Bermudus asphalt IS in the
absolute and sole control of the
Bermudus Asphalt Co There are 3
large number of other corporations,
persons and firms engaged in the paw
ing OF streets in the cities of the Unit
ed States with Trinidad asphalt from
! the island OF Trinidad not taken from
! Pitch lake. aud which is in all re-
spects equal TO the asphalt Obtained
: from said Pitch lake or said Bermudus
asphalt The only difference between
Trinidad asphalt and Trinidad asphalt
+, taken from Pitch lake is in the name
/ thereof.
| By the terms of the specifications,
the city arbitrarily and unlawfully
fixed in advance the price of part of
the material to be furnished and work
to be done under said contract, and
requires an unnecessary, harsh, arbi-
trary and illegal guarantee for the do
ing and keeping in repair of said i'm
provement for ten years, thereby un-
lawfully increasing the cost; and
arbitrarily and unlawfully requires
tie successful bidder to allow the
board of public works and the Manka.
to Gas and Electric Light Co. to make
excavations on the line of said i'm
provement, and requires the said con-
tractor to oversee the making and fill
ing of said excavations, and to be re-
| sponsible for all settlement that may
occur over such excavations; the sue
cessful bidder will be required unlaw-
fully and arbitrarily to assume the
risk of ali damages to the work aud
all property on the line of said work
that may be occasioned by floods and
also to assume all risk IF delays by
| reason of any injunction or legal pro-
ceedings whatever brought against
the city, and releasing the city from
any liability on account of such delay
or stopping; and it is wrongfully and
arbitrarily required that all work be
commenced and carried on at such
times and places as the engineer shall
direct, ETC., the city arbitrarily and
unla wfully requires the successful bid
der to provide for the flow of water
courses, etc. ; and it arbitrarily and