Daily capital journal. (Salem, Oregon) 1903-1919, 1904-06-30
MIMIC
ISLAND
GRAVEL
May Lead TO a Lawsuit fer
City and Owners

The city council met in adjourned
session last evening. In the absence
of Mayor Waters Alderman Hubbard
presided.
The committee appointed to consid-
er the Mimic gravel bar matter re-
ported as follows:
Your committee to whom was re-
ferred the matter of what legal pro-
ceedings would be advisable for the
city to take to prevent further inter
ference with the street commissioner
in the removal of gravel from the
gravel bar under the grant from John
Minto and wife to the city, beg to re-
port
THAT we consulted John A. Carson
in reference to the rights of the city,
and in reference to prevention of fur
ther interference with such rights, and
nexed.
THAT the grant to the city is clear
and definite, and should not be
changed in any way, and the city
should maintain its rights. We recon-
mend that the street commissioner be
instructed to proceed to remove gravel
from the bar in accordance with such
grant, and that if any person threaten
or attempt to interfere with the re-
moval of gravel or with the street
commissioner or any officer or en-
ploye of the city in removing gravel,
that suit be commenced by the city
to prevent such interference; and that
committee of three be appointed by
the mayor with authority to direct and
employ John A. Carson, an attorney.
to commence a suit in behalf of the
city against all persons who shall in.
terfere with the street commissioner
or other officer or employee of the city.
also that the recorder notify the
street commissioner to proceed to re-
move gravel from said gravel bar to
be used on the streets and highways
of the city. and also notify John w.
Mimic, H. p Minto and d. c. Minto
that the city of Salem, Oregon, will
not agree to any change of the grant.
but will insist upon and protect its
rights under it in every particular"
Carsons Legal Opinion.
AT your request l have investi.
gated the rights of the city of Salem
to take gravel from the bar in the viii.
lamette river near the Salem FIGURING
Mill. The indenture of grant executed
by Mr. and Mrs. John Mimic to the city
of Salem is not model of conveyance
ing, but, nevertheless in my opinion,
1t grants to the city the absolute right
to take from the bar such gravel as
may be needed on the streets of this
city. However, the city would not
have the right to use the gravel for
any other purpose, nor to sell or dis
pose of the same to third parties.
"The act of interfering with the
officers of the city in taking the grav.
ell is violation of the rights of the
city, and in my opinion civil suit
would best protect the interests of the
city, and accordingly, If the acts of in.
reference be repeated, or should a dis
position be shown to oppose the Off.
GERS of the city in taking gravel from
the bar, suit should be instituted" >"
The report elected considerable dis.
cussion, but was adopted. H. p. Minto.
one of the owners of the island, was
present, and addressed the council.
The council adopted the plans sub.
mitted for the improvement of Marion
square by the Womans League. The
only change was made along the Com.
/ mercial street side. The plans called
for a curved walk, but the council
did not deem it advisable to order that
kind, and in lieu substituted straight
walk