Gilpin observer., 1905-10-12
SPECIAL MEETING.
Council Exoneratss City Sur
veyor Of Charges Brought.

was held Tuesday evening for the pur
pose OF trying the city surveyor. Walter
A Funk, on charges brought by the
board, claiming that he had acted against
the interests OF the city in surveying
ground in Peck gulch. The survey was
made for company operating the North
Star mine, which intends to erect mill
near that property, their object being to
take up a water right. The survey took
in large spring in Peck gulch which is
owned by the city. Several specifica-
tions we're contained in the charges
brought against Mr.. Funk. The charges
were read by the city clerk and after.
wards Mr.. Funk was called upon by the
council to answer them and defend him
self. The gentleman took the copy Of
the charges, read each specification sepa.
rately and made answer thereto, and
also explained his action in taking the
steps he had. His answer summed up in
a few words was to the effect that the
company wanted survey Of the ground
made. He told them that he was the
regularly elected surveyor of the city
and was prone about doing it, but told
them all the water rights in the section
in which they wanted the survey made
had been filed upon. The company
wanted the work done, and told Mr..
Funk il he didn't care to do it they
would have man come up from Den
yer. They said they had no intention Of
taking any water that belonged to the
city nor had they any intention Of pol
luting the water in Peck gulch by empty
ing the shines from their mill into the
stream, but would build pipe line from
the mill to Bloomfield gulch. With this
assurance Mr.. Funk consented to make
the survey. This survey was made last
August.
One specification in the charges which
Mr.. Funk took issue with, stated that he
had made the assertion that there was
more water in Peck gulch than the city
needed. The gentleman claimed that he
had never made such an assertion as he
was not in a position to, not knowing
how large stream flowed down the
gulch Or how much water the city used.
Considerable time was devoted to argu-
ing this section OF the charges, Mr.. FInk
contending that it was false. and as it
could not be proven conclusively that
the gentleman had made such claim, it
was finally dropped.
Geo. w. Schneider, who was city sur.
veyor when the city filed on the ground
10 question, was present at the meeting
and furnished the board Of aldermen
with some valuable information on the
subject involved. To him it appeared
that it was needless to bring such charges
against Mr.. Funk as had been preferred,
as the water supply Of the city from
Peck gulch was by no means in jeopardy
simply because company had seen fit
to make survey Of ground on which
the city had water right. This they
mad right to do SO long as they did not
attempt to take any OF the water or pol
lutte it after their mill had been erected.
II they should attempt to do this, then
1t would be time enough for the city to
get out an injunction and stop them.
After arguing the matter for some
time the council came to the conclusion
that Mr.. Funk in making the survey for
the mining company had not acted
against the interests of the city particu.
larly, and it was agreed to withdraw the
charges and exonerate the gentleman.
This was the only business brought up
at the special session and council took
adjournment.