The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-02-12

contention of the property owners tha
| the city pay for the intersections ant
! city frontage is not unreasonable. Ih'
property owners have the improvement
and the company has not been paid. The
company also stands in doubt as to the
outcome, and will incur large expense;
in bringing the suit. 1t may be willing
to meet the property owners and make
compromise There is also the. ques
ton, if the company wins, will the city
not have to pay the whole amount. The
property owners don't want that, but
they do want the city to pay for the in.
tersections. Possibly the property own.
ers may have to pay for the intersections
and all. Suppose the company offers to
take $4,000 cash, and the city agrees to
pay $4,000 of it, leaving $4,000 for the
property owners to pay, would not
that be fair? 1t would be fair and just
to all, and no one could be accused of re-
pudiation. The city and the property
owners would be better off than by tax
ING chances on this law suit. He did
not think the resolution definite enough,
as we should be willing to assume some
responsibility if we are going to get to-
gether. If fight is to be made, the
city has an able counsel, and it will not
be necessary to go to New York for
legal assistance.
Mr.. Schweitzer said that ne was in
favor of settlement, and was willing to
help pay for the improvement, as he
considered it good one.
j. e. Diamond called upon J. A. Fit
tie for remarks. Mr.. Flittie said that
he had no objections to the resolution,
but the attorneys for John Diamond had
never refused to consult with the COM
pany about a settlement. The only Of
fer was an inference that we should
have to pay the whole amount. Per-
sonally, he had never had any objection
to paying a reasonable amount for the
Improvement, which was not the enor-
nous price that the city contracted to
pay. He had never gotten any
thing for nothing, and he never expected
to, and he would pay fair amount,
but he would never pay the amount con-
tracted for unless forced to do so. That
there was an abuse of discretion on the
part of the council there is no question.
1t would be hardship for many peo-
pie to pay the assessment, but no i'm
provement can be undertaken that is not
a hardship for some. The council pigeon
holed the remonstrance signed by nine
tenths of the property owners, and if
they were mad they had reason to be
mad. They are willing to meet the com
pany and compromise, but the city will
have tc pay some part. Replying to
Mr.. Plymat, he said that he was not
prepared to say whether $4,000 was too
much. Replying to a question from
John Diamond, Mr.. Flittie said that the
suit of John Diamond had begun before
any contract had been awarded by the
city and had to be against the city alone.
In the middle of the trial the city attor-
pey had offered for the first time to get
the company into it. The plaintiff re-
fused, because there seemed to be hid
den motive. The company had chance
to come into the suit before, and the
city attorney could have moved it be-
fore.
Henry Schwarble raised his voice to
ask who has the most benefit from the
street, and said that those who get the
benefit should pay for it. 1t is used
as a race course now. He thought that
the city was in the soup and ought to
pay for it.
John Diamond asked DIR. Andrews to
withdraw the resolution, and the lat
ter asked him to explain why he had
made such request.
John E. Diamond then took the floor,
and said that he was in favor of public
improvements when the majority of the
property petitions for it, and because
large majority of the Broad street
property owners were opposed to the
paving, his father was opposed to set
Element, but later had said that he
would settle if the others favored it.
He was afraid he would be charged with
selling out. He said that he had never
repudiated an honest debt and was too
old to do it now, but he would never
60 to the council because it and the city
attorney had undertaken to override
the citizens On that street. He would
negotiate with the company. A large
majority of the citizens want counsel
to be associated with Mr.. Daley. The
latter had informed him that the coun-
Gil had instructed him to employ counsel
and had given him $lo0 to go to st. Paul
and see whether an attorney can be
gotten to prosecute the defense to the
end. There is plenty of legal talent in
the city. He never repudiated a debt in
his life, and didn't want his old father
to do so in his decling years, but we
want good counsel employed, and we will
abide by what the court says. l will
pay half of my fathers assessment. He
was not in favor of ramming a debt
down the threats of the tax payers ex-
cept after a trial. He offered the fol
lowing resolution as an amendment to
| Dr Apdrouc, nation.