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

city employ w. E. Young and 81. L.
SchmitS to assist the city attorney in
i, the defense of said action.
Mr. Staede moved to substitute Mr.
Flittie's name for that of Mr.
| Schmitt.
Mr.. Flittie refused to consent to this,
saying that Mfr. Schmitt understands
the case better than anyone else.
John Diamond made statement which
Mr.. Flittie explained by saying that the
attorneys for Mr.. Diamond had recon-
mended settlement during the previous
litigation if the company would throw
off $4,000, the city to pay for the
street intersections and city property.
DIR. Andrews said that he was assur-
ed that some of the property owners on
Broad street want to settle.
T. R. Coughlan said that he was au-
thorized by Rev. Father Hughes to make
the statement that st. Johns Catholic
church will pay its proportion of the
cost of the improvement in the near fu-
ture.
F. M. Currier said if there is any way
to settle the whole miserable business,
it ought to be settled. The improvement
was forced upon the property owners
against their will 1t has been the only
case of the kind in the city. If the COM
pany wins it means that the money
must come out of the current fund of
the city, and others than the persons
benefited would have to pay it. He OBJ
jected to this. He did not object to pay
ing honest debts as a municipality or as
an individual. The property benefited
should pay for it. He had no sympathy
for the Barber company, but wanted
them paid, as they had made valuable
improvement. If the suit can be set
tied, all well and good, otherwise let us
fight to the bitter end, if it costs $40,-
600 more to do it, and employ the best
legal talent to be had.
Mr.. Diamonds resolution was carried
without any dissenting votes. He then
moved that the chair appoint commit
tee of five tax payers to consult all par
ties with reference to this litigation, and
to bring about settlement of it if it
can be obtained
DR.. Andrews said that it would be
fair and right and good policy to make
a settlement. If we have to pay, we can
do so with better grace then. If the
property owners stand out against set
Element, he hoped that the law will pro-
vide for the payment of the company for
the splendid improvement. 1t would be
a shame and a blot on the fair fame of
the city if it was not paid for.
j. w. Schmitt said that the supreme
court had said that the contract was IL
legal and void, and he took sharp ex-
ceptions to anyone who said that the
city would repudiate the debt if it did
not pay it, as the company had gone in
to the matter with open eyes and had
forced the improvement down the
Threats of the people.
Mr. Flittie said that we do not owe
the company cent. The agent OF the
company said that he did not care about
the courts or the people, as the improve
ment would be rammed down the threats
of the people. DIR. G. D. Snow said that
he heard an agent say something SINH
lar to this, and he did not consider that
he owned the company a cent.
A. G. Meyer said that he wished that
the city could beat the company and not
pay for the improvement. He was will
ing that the city should pay for the in
tersections if reasonable settlement
could be made.
John Diamond quoted Hiram Fuller as
saying that he did not want to repudi-
ate and never did.
The motion was carried unanimously.
J. E. Diamond called on the city attor
ney for remarks. Mr.. Daley said that
Mr.. Diamond had been in error when he
said that he was going to st. Paul to
secure an attorney, as he had not made
this statement. We do not have very
much practice in the United States
courts in this city, and he thought that
he would see what information he could
get from attorney friends in the twin
cities, and from the city attorneys of
those places. He had often gotten valu
able suggestions from there before. He
had intended to 60 some days ago, and
had the special meeting of the council
called, but on the day the council met
his mother died, and he was called away
He intends to 60 soon. The council had
instructed him to prosecute the defense
to the best of his ability, and to get
attorneys for assistance that he and the
people would have confidence in. He had
secured an extension of time in which
to put in an answer, and he was working
on the case every minute of time that he
had.
Mr. Flittie said that the miserable
business owed its growth and maturity
to the secret sessions of the council. The
council should hold only public sessions.
If he was an alderman he would not go
into secret session.
The meeting adjourned.
Chairman Richards this forenoon ap-