The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-08-02
WILL GO TO
THE COURTS
Council to Try Conclusions With
Mrs, Kinney for Strip Of
Disputed Land.
TO BE ORDERED TO vACATE
This Action Is Calculated 10 Re.
suit i'm Settlement of the
Mooted Question of
Ownership.
TO BE ORDERED TO vACATE

business OF the session WITS rushe,
Through. The council decided to talk,
the bull by the horns in the contro'
versy over the ownership OF the striI
of property lying between the Shively
and Mcclure claims, and the city at
torney was instructed to notify Mrs
lw. s. Kinney and Captain Babbidge
to move their buildings from the street.
The matter was brought up when the
Communication Of c. A, Bell. attorney
for Mrs. Kinney. was read. The COM
munication asked an immediate and
definite reply to Mrs. Kinney's pro-
posal to quit-claim the land for $1,000,
II also embodied reply to the brief
filed by the city attorney. The reply
set up the contention that the land in
question was legally held by Mrs. Kin
ney. whose title from the state was
alleged to be good.
Councilman Lebeck was Of the opln-
ion that legal proceedings should be
commenced to determine the question
Of ownership. He said he had been
advised by attorneys that the city's
undisputed possession Of the property
for 20 years gave II title to the land.
Mr.. Belland believed the city should
permit Mrs. Kinney to start proceed
ings. IF she orders the city to move.
then we can order her to move" said
Mr.. Belland. Il think she should be
permitted to start proceedings" Mr..
Burns pointed out that Captain Bab-
bidge wanted to build on Thirteenth
street, and that the council was up
against a proposition which required
settlement. Mr.. Nordstrom shared this
belief, and said that, In view Of the
fact the question would have to be
settled some time, II ought to be acted
upon at once. City Attorney Smith
seemed to feel that suit ought to be
started and added that there was no
doubt as to the city's title to the prop
erty. A motion instructing Mr.. Smith
to notify Mrs. Kinney and Captain Bab-
bidge to vacate the street prevailed,
and legal proceedings will probably
follow.
Want Streets Improved.
NJ. Hawthorne and Mrs. J. E. Fer
guson petitioned for permission to i'm
prove the south half of Kensington
avenue between Eighth and Ninth
streets. Property owners petitioned
for the improvement of Birch street
from Fifty-second to the Shortess do
nation claim line, and the west half Of
Fifty-third street from Birch to the
north line of block 7. John II. Smith,
S. G. Trullinger and others petitioned
for the Improvement Of Hume avenue
from Bond to Third and Third from
Hume avenue to the east line of Trul-
linger's addition. All Of the petitions
were referred to the street committee.
Files Claim for Damages.
Mrs. F. C. Reed filed a claim for
damages against the city, asserting
that her property had been damaged
by the Franklin avenue improvement. |
The claim was referred to the street |
committee and the city attorney for
report.
Reporting on the remonstrance Of P.
L. Cherry against the manner in which
the sidewalks were constructed on
Fifteenth street, the street committee
that the remonstrance
be filed, as the walks had been built !,
according to contract.
Reporting on the petition for a drain
In Adair's Astoria, the street commit
tee recommended that the city engineer
make the necessary survey for the
drain. The report was adopted. With
reference to the petition for the inn
provement Of Exchange street from
Seventeenth to Twenty-third, the street
committee recommended that the
street be rebuilt according to grade.
The report was adopted.
Division on Ordinances.
The ordinance authorizing the public
committee TO purchase the
north go feet Of lot 2. block III, shive-
VS. Astoria. for 1850, was killed,
Messrs. Belland, Kaboth. Leinenweber,
Morton, Nordstrom and Robinson vot-
ng against It. It was the intention
70 buy the property for an engine
house site.
The ordinance authorizing the public
committee to sell the old
brick engine house and lot for $4,000
noe naouaH AEon.~s f1ntfn..a ro.....