Waterbury Democrat., 1902-02-25


 Aldermen Gates and Chesson of the lowing report relative to the Walker case:
 To the Honorable Board of Alder men, City of Waterbury:
 The committee on law, to whom was referred by your honorable body the resolution recommending pay ment of $39S.00 to Alice c. Walker, would respectfully report that they have given this matter due considera- tion and are of opinion as follows: That inasmuch as the question of fact concerning the claim of the above named for damages to her property on Bank street occasioned by water oyerfowing from the gutter and sew CT was passed upon by the commit tee on law of the last board of alder men, that the only question proper to come before this committee is the question of law as set forth in this resolution. and also raised in the board of aldermen, viz, as to the pow CT of the board of aldermen to pass this resolution in view of the tempor- ary injunction heretofore granted by the Hon George w Wheeler. a judge
 
 brought by Charles G Root. as a tax payer. against the city of Waterbury and others. praying for temporary in- functions in accordance with the com plaint in his said action
 The allegations upon which this temporary injunction was granted substantially comprise but two state ments of fact. One, that Robert w. Walker, who voted on August 1 and october 14, 1901. ill favor of the res olution passed by the board of alder men ordering that the sum of SS9S. co to be paid to Robert and Alice Walker in full settlement of their claims for certain water damages, and whose vote was necessary to the passage of said vote, and without whose vote said vote could not on October IA. l9ol, have been passed. was interest ed Ill said claim; and secondly, that the said Robert Walker and Alice C. Walker had and have no valid claim against said city.
 Ihe allegations covering this second statement of fact have been. by or uer or the superior court. stricken rom the complaint on the ground tnat thls vote was entirely within the discretion of the board of aldermen leaving the temporary injunction standing entirely upon the first claim cohcefnlng the right of the said Roh- ert Walker to vote upon q matter in Whlch he was interested. The exact language of the temporary iniunction ordered and decreed in said action is as follows: r
 by authority of the state of Con- hectlcut, ordered, adiudged and de- creed, that you, the said city of Wa terDury, your officers. agents and cor wants, and each and every one of von are absolutely and altogether forbid- den, enjoined and prohibited from paying to said Robert W. Walker and Alice c. Walker said SS9S Or any mart thereof under said votes passed and attempted to be passed by tha hoard or aldermen of said city on Auoust l9 9Ol, and October IA. 1901 untiI Iurther order in the premises
 And that you, the said Hon Ed- ward G. Kilduff. mayor. Michael n Russell, comptroller. and Michael T nyah, city clerk, and each and averv, one or you. are absolutely and alto getler forbidden, enioined and nro hlDlted from drawing signino and iS- sung an order of said city in favor of ana to said Robert w. Walker ana Alice c. Walker to pav said oIa;,,, ae aS9S until further order in inc nron, iSeS lne pIeHl-
 And you, the said Robert ". Wal ker and Alice~C Walker. your aoents and servants, and each and every one oI you. are absolutely and altogether lorDldden, enjoined and prohibited rom collecting and attempting to col feet said sum of $S9S from said oit,, Dy Virtue of said votes of said board ol aldermen of August 19. 1901 and october 14, 1901. until further ordar ln the premises
 lt Will be seen from 5he language Of such injunction that inc city of waterbury is only prohibited fron, paying this claim of SSoS m ,,nda,. | lhe votes passed by the board of a1 dermen on August 19 and Octobor 1t l9ol It clearly does not forh;d +h cIty or Waterbury from payino +biS ,iiIll under any other votes of tba poaru or aldermen, provided thev mo issai votes, and We are of the oninion therefore. that the board of aldarnan mas null power to take this ,asoI,,4;s. 1p hL t1lt present. fima notwithstanding this temporarv i, junction. li-
 iour committee will further ronou+ tnat a request was received fro1,, 4,,a sald charles G. Root, asking tbot bo pc permitted to appear before th;S committee and examine the said Roh err Walker and Alice c. Wallyar eor cefnlng their claim Inasmucb as your committee were of the onin;on that the foregoing question. of Iayn was the only proper matter for +ha,, to take up, they did not deem if na cessary to summon the. said Ro,,a,+ Walker and Alice C., Walker hefora them, and therefore did not gram Inc Ioregoing request of the said cba,Iae Ilas c. Root u oiiarles |
 Dated at Waterbury this 24tb dav of February. 1902. 'n uay
 suppose" said the clerk. aftar ,,o had finished reading the report. ..tbe words committee. on law should he | signed after these names" ..yes :, ,o plled the chair. On motion of Nfr Rro pny the matter was tabled for week i" Illie It does not follow that the mem- | oers of the committee whose namas are signed to the document believe that the claim should be maid o,. ;,o+or1 4 |