The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-12-08
City Attorney Daley Does Not
Favor Any Further Liti-
cation in Matter.
Suit Has Been Expensive One
for Taxpayers; Now for
MandamuS.
From Tuesdays Daily.

From Tuesdays Daily.
\. r. Pfau, ,Jr., last evening had tel
ephone message from Howe, Butler &
Mitchell of st. Paul saying that the
United States court of appeals has sus-
tanned Judge LOchren in the $4,000 suit
of the Barber Asphalt Paving company
against the city of Mankato, brought
to recover pay for the Broad street
paving. The case has been before the
court since last May. This means that
the city must pay the Judgment of
about $4,000 and costs and interest.
The interest has been accommodating at
the rate of about 5000 a month for
some time past.
Mr.. Pfau, in speaking of the case to-
day, said that he was particularly pleas
ed with the decision, as it sustained the
advice which his firm had given on the
start that the city was liable for the
cost of the paving. He expressed the
opinion that the litigation would 90 no
further, as the case is hardly one that
can be taken to the United States SUI
preme court. Only cases involving gen.
eral issues can be taken there, and even
if this one could be carried there, the
chances of a reversal of the lower courts
was very slim, indeed.
Mr.. Pfau is of the opinion that the
city should now levy the assessment as
the contract provides, on the property
benefited and if any of the property
owners want to contest it in the state
court again the courts will undoubtedly
decide in accordance with the decision
of the federal courts, as the latter take
precedence. Mr.. Pau believes that the
state courts will treat the case different
ly if it comes before them again. I'm
less the city acts quickly, the Barber
quiring the city council to levy a spe
cial tax at once to pay the Judgment, to
be paid next spring. This would mean
a total tax levy of over 100000 for the
one year, which would double every
mans tax in the city and make it
great burden. Mr.. Pau, like other citi
Zens, believes that the property benefit
ed should bear the expense.
City Attorny Daley was asked for
his views, and said that the decision was
10 surprise to him, although the city
had handled the case in the best posi-
bic manner, with the assistance of some
of the best legal talent in the city.
While he would not indicate what would
be the next move, he intimated that the
litigation has gone far enough for all
practical purposes and it would be best
for the city to pay its debts.
Regarding the thing to be done next,
city had better do nothing until the
Barber company gets out mandamus
requiring the council to levy the special
tax to pay the judgment. Then he would
take the matter before the court, say
that the city had gotten in bad company
but was now ready to do what was right
and wanted to make the special assess
ment provided in the contract and ask
ing for authority to do so.
Among those who have heard of the
decision, there seems to be but one
mind, and that is that the property
which has the benefit of the pavement
should stand the expense. To assess
people on other streets for this improve
ment and then for improving their own
streets would be the height of in Justice,
is the general expression. Some or most
of the Broad street property owners al
so seem to feel the same way and sever
al have remarked that they are willing
to pay their assessments as soon as lev
led.
The decision was filed at st. Louis,
and it is expected that copies will be re-
ceived in this city shortly.