The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-02
REPAIR OF CITY STREETS
SUFFICIENT REMONSTRANCE FILED
BY VIRGINIA-AVE. RESIDENTS.
Two Suits Now Pending in Judge Car
ter's Court That VIII Affect the
SituatiOn-City Affairs.

The city engineer yesterday reported to
the Board of Public Works that the re-
monstrance presented for the boards con-
sideration by resident property owners in
Virginia avenue between the first alley
north of Stevens street and the first alley
south Of Prospect street, 10 the re-surfac-
ing of the asphalt pavement at the ex-
pense of the property owners, contained the
names of a majority of the property owners
affected by the Improvement resolution. AS
the remonstrance was proper one in the
legal sense it will probably result in the
presentation to the City Council of the
proposition to re-surface the street. This
after Judge Carter has finally decided the
two suits against the city for an injunc-
ton now pending.
The two suits which will delay final ac-
ton on the Virginia-avenue improvement
were brought by property owners along
Massachusetts, avenue to enjoin the Board
of Works from the assessment of their
property for the Improvement of that
thoroughfare under the theory that the re-
surfacing of the street is In the nature
of repair-the expense of which would
have to be borne by the city-rather than
an Improvement. the cost of which would
devolve upon the property owners. A tenn
two suits filed was issued and the final
hearing of the case will be held later in
the week by Judge Carter
If Judge Carter should hold that the re-
surfacing is a repair and should be done
by the city ii is probable that much con-
templated Improvement of permanently i'm
proved streets will have to be abandoned.
The appropriation of the present year for
the maintenance and repair of permanent
~ improved streets is $4,000. and of this
sum at least $4,000 has been expended with
10 l12 l.N.11
to exhaust the balance. The Massachu-
setts-avenue pavement, which was sadly in
need of re-surfacing, will cost more than
the money available in the city treasury
and the uncompleted portion of Virginia
avenue, that part south of Stevens street
to Fountain square, will cost so, $50. The
portion of Virginia avenue from Stevens
street north to East street has already
been re-surfaced, but the payment for the
Improvement will be disputed If Judge
Carter holds the petitioners in the other
two suits to have ground for action in law.
East Washington street is to be resurfaced
also, according 20 the plans of the Board
of Public Works, but this Improvement, as
well as many others of minor character,
cannot be made from the city funds, as no
money for that purpose is available
On the other hand. il the court should
construe the work as being an improve
ment and one for which the property owner
should be assessed, the work Virginia
avenue will be indefinitely postponed by
the action of the remonstrants unless the
provide for the improvement. Such action
by the present Council is unlikely. as with
thirteen Republicans and eight Democrats
in the Council one Democratic vote to the
total Republican vote would be necessary 10
poll a two-thirds majority of the body.
The Republicans are not all in accord with
the administration on the Improvement and
the votes of Councilmen Grail. Billings
ley and Expert cannot be. relied on, and
with the efforts of Councilmen Shea, Mo-
Rarity and Berry, South Side Democratic
members to influence the other five Demo-
Gratis the prospect Of securing needed
Democratic votes seems 10 be quite re-
mote.