The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1906-11-06

n
most spirited meetings ever recorded
in this city. Not only was 1t spirit
ed when the telephone proposition
was called to the attention Of the
council but throughout the entire ses-
sion the aldermen came prepared to
give matters that came before them
thorough discussions and the meeting
continued almost to midnight before
the volume Of business was transact
ed.
| A great portion of the four hours
that the council was in session was
given over to talking and arguing on
different propositions.
keeney and Dewitt Case.
One of the important matters that
was called to the attention Of the
council was the report of the finance
committee in which it recommended
the settlement of the litigation be-
tween Lottie e. Kenney and Patrick
IDevitt, property owners on Seventh
avenue north and the city of Fargo
which litigation is now pending in the
district court and which on previous
| hearing in the district court a iudg-
ment was rendered against the city
and appealed to the supreme court
where the decision Of the lower court
was reversed and the case remanded
back for a rehearing.
In this action, the two above named
property owners sued : the city for
i damages and rental for the use of
their property under which a sewer
was constructed by mistake. The
matter was threshed out in the local
courts and the plaintiffs secured a
Iverdict from the city to the amount of
about $500. Recently the plaintiffs
Ifiled an offer Of settlement with the
council in which they agree to settle
IAN other claims against the city for
the maintaing of the sewer under their
property. This offer was referred to
the finance committee some time ago
and last night resolutions prepared by
the committee were presented to the
Icouncil in which it was resolved to ac-
cept the offer made by the plaintiffs
and that the matter be settled as at
this time 1t avs provided in the reso-
luton the city was unable on account
of its legal debt limit being reached
to begin condemnation proceedings
against the property and thus open a
street on the property in question. The
offer of settlement provides that the
plaintiffs would dismiss their action
against the city and pay the costs and
give the city warranty deed of three
fleet of easement on the property un-
der which the sewer was located. The
lefty in return is to agree to cancel all
taxes on the lots owned by them from
1900 to 1905 and agrees also to can
eel the Judgment for costs amounting
to $3.50 and that a resolution be pass
ed by the city not to start condemna-
ton proceedings against the property
in question.
1t was estimated that that which
the plaintiffs ask for would amount
to a payment by the city to them of
labout $500 and that the city in re-
turn would get the decided short end
of the proposition. "A motion after
considerable discussion was adopted
in which the matter was to be refer
red to committee of Eve aldermen to
be appointed by the mayor they to
Investigate the proposition and thor
Ioughly go over the matter and report
at the next meeting
Filthy Water.
In his report to the council last
night City Auditor Morgan called the
attention of the city council to the
filthy water that was being supplied
to the consumers of the city and urg-
ed that some action be taken to in
stall a filter and remedy this great
nuisance. He stated in his report
that during the past month many of
the meters located around the city
were taken apart and We're found to
Icontain large quantities OF leaves and
other vegetable matter that has gone
through the pipes and that in many
cases the meters have been put out of
water going through them.
A motion was made to place the re-
/ commission by reason of this sort of
uort ON file but Mayor Johnson would
not entertain the motion. He called
the councils attention to the fact that
the question was serious one and
should not be sighted by the alder
men, Finally it was moved that the
REPORT be referred to the fire and wa
ter committee to report ON the recon-
mendations Of the auditor.
| Claim Turned Down.
The claim Of Mrs. Augusta Bratz
Tor admages TOR injuries received by
her by reason of falling on a sidewalk
on Front street alleged to have been
defective was turned down by the
Icouncil on recommendation Of City
Attorney Resser, who, in his report,
stated that the injuries were sustain
ed by. reason of the woman's own neg
| ligence.
Reports of City Officers.
1 Reports of the various city officers
| for the month of October were submit
ted to the council and all were receiv-
ed and ordered placed on file.
Sidewalks Wanted.
A copy of a set of resolutions adopt
| ed at the meeting of the faculty of
the Al. @. at its meeting Friday was
presented to the council in which It
| recommended that sidewalks be
placed on Thirteenth avenue from
Broadway to Thirteenth street. Pro-
fessor Willard OF the college was pres
ent and stated that at the present time
| 1T is impossible for students attend
| Ing the college to get to tha college