The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-11
PEOPLE Of SECOND
WARD WOULD HAVE
NELLY RESTRAINED
improvement Association at
Spicy Meeting Adopts Reso-
luton Promising Support To-
wards Securing Injunction
Restraining Contractor.

The Second Ward Improvement ass
ISOLATION, at its meeting last night
adopted a resolution promising the sup
port of the association towards Secur-
ing an injunction restraining 2. H.;
Kelly from continuing the work OF
grading Hudson avenue.
The resolution was presented by
Robert Seeger, and was adopted after
a report of the committee to the effect
that the board of aldermen had ignored
the request of the association to re-
woke the permit giving to Kelly by the
council, under the terms Of which he
is given the right to grade the street
and use the stone taken from it for his
| own use.
The members of the association were
/ strong in their condemnation of what
they termed the destruction of the fin
est outlook on the bluff, and the board
of aldermen was censured for its fall
ure to concur in the action of the as
sembly in reVoking Kelly's license.
Mr.. Seeger, in presenting his reSolu-
ton, informed the association that he
had consulted with an attorney, and
was informed that any taxpayer affect
eel by the grading of the street could
apply for an injunction, and he said he
knew of one who was willing to do so,
provided the support of the association
could be enlisted.
Kelly Has Some Supporters.
The members were not unanimous in
approving Mr.. Seeger's scheme, many
of them believing Mr.. Kelly had a
right to grade the street so long as he
brought it to the grade called for by
the city engineer, but others were of
the opinion that the courts should be
called upon to restrain him from doing
anything farther.
Mr.. Kelly was present at the meet
ing, but apparently was not greatly
disturbed by the threatened action of
the association.
81 own the property abutting on
Hudson avenue, where the street is
being graded" said Mr.. Kelly, land I
cannot see that it is the business of
any member of this association if I
want the street brought to grade so
that our property will be made more
valuable. If the people of Dayton's
bluff want Hudson avenue left intact as
a lookout, why do they. not buy the
abutting property; they surely cannot
expect the. people who own the prop
erty to make such sacrifices"
But you have no right to convert
the stone to your own use," complained
Mr.. Seeger.
$50 long as I bring the street to the
grade required by the city I have the
right to do anything l care to with the
stone," said Mr.. Kelly. "The stone be-
longs to the abutting property and not
to the city"
well, Hudson avenue does not need
grading said Mr.. Seger.
you might think so,' replied Mr..
Kelly, "but it is for the people who own
the property there to decide whether or
not it does. 1t is no affairs of yours"
Majority Favor Injunction.
After assurance had been given the
members that the association itself
would not be involved in law suit by
adopting Mr.. Seeger's resolution, prom
Using support to a taxpayer who would
apply for restraining injunction, the
resolution was adopted
Another matter discussed by the as
ISOLATION was the location in the Sec
ond ward of the hospital for consump-
t1ves which DR.. Longstreet Taylor pro-
poses to erect. The site selected by DR..
Taylor was the old Middleton prop
erty on Mound street, and 1t was OBJ
jected to by the association, which did
not care to have a hospital for con-
sumptfves located there "A resolution
was finally passed, calling upon the
secretary to write to Aid. Buschmann
and to the common council protesting
against the location of the hospital at
any point in the Second ward.