Mower County transcript., 1904-04-06

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may show US wherein our new Charter
can be benefited and then it can be
amended as experience teaches best.
This new Charter, while perhaps not
heaven inspired, is at least able and
thorough, and it is my general recon-
mendation that ali its provisions
should be given careful and consci-
entious test before the uncertainty
and hazard of change is rescrted to.
I desire to respectfully call to the
attention of the council the matter of
the approaches to the Water street
and Bridge street bridges within Our
city limits. do not consider that the
ratings guarding these approaches
are sufficient to protect our citizens
and especially children from accidents.
I am informed that one life was lost at
the Bridge street bridge last summer,
ana while the bridge was under re-
pairs at that time, nevertheless, the
protection then was practically the
same as it is now and has been for
some time, namely single railing or
guard. Should any person or child
wander under this single railing or
guard ana lose their life by falling
down the steep embankment it is q
serious question whether the City of
Austin would not be liable for failing
to provide a sufficient protection at
these points. There is, I believe, a
three rallied fence on the south side of
the westerly approach on the Bridge
street bridge. I heartily recommend
that similar fence be constructed on
all the approaches to these two bridg-
es, and believe the money expended
for this purpose would be a profitable
insurance against the expenditure of
much larger sums in the future.
desire to express my thanks to the
street foreman for the energetic and
willing manner in which he has at
tended to all sidewalks and street de-
fects during the term of my Office,
which have been called to his atten-
ton. Only one sidewalk accident has
happened for which damages have
been claimed from the city.
There has been during my term of
office, but one case in the District
Court, the claim of Mrs. Daisy M.
Dalager for damages sustained by
reason of driving into or against the
excavation upon Franklin street. This
case came up for trial at the January
term and occupied two whole days,
resulting in verdict for the plaintiff
in the sum of $4,000. This case is so
recent that it is fresh in the memory
of all and further comment upon it is
unne cessary, but it brings to light a
condition in our city which sincerely
trust that the next Council will take
steps to remedy, and that is the man
ner of the protection of excavations
upon our public highways. do not
profess any experience or skill in such
matters, but it seems to me that some
sort of a standard protection, in the
form of a portable fence, with iron
corner posts, which could be driven
firmly in the ground and securely fas-
tened together, of height not less
than four feet, should be established
by ordinance and further provision
that warning lights and signals should
be suspended absolutely independent
of this fence, so that any jar or dis
turDance of the fence would not ex-
tinguish the light. In this case it
seems that loose boards were laid
along the top of the dirt thrown out
from the excavation and that the
warning light was nailed through the
base to one of these boards. Evidence
was introduced by competent wit
ness that this was all that was usual
and customary in our locality, but
from information I have received ]
am satisfied that the jury did not con
slider this sufficient and certainly did
not. consider it sufficient myself. ]
recommend that this matter be taken
up by the street committee, VINO may,
if advisable, consult with perons sn-
gagged in excavating the streets and
establish standard uniform system
of protecting these excavations, and
being once established that the system
be enforced vigorously by the Police.
In conclusion I beg to thank the
Mayor, aud each and everv member OF
the Common Council, and every City
official, for the hearty cooperation and
courtesy shown me during the term l
have occupied the Office of City Attor'
ney. While the Inauguration of the
new Charter and the changes and in
novations it has brought about have
made good deal of extra work, the
courtesy and kindness of Ill the ofic-
ials have materially lightened the
duties of the legal department and the