Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-08-06

ways of remedying the trouble by
the city were suggested, the cheap
est entailing cost of $315. and which
would be satisfactory to the proper
ty owners. This again brought upl
the liability OF the city for sidewalk
grade established haphazard by past
engineers in the absence of estab-
lished street grades and over which
the city seems due for an endless
Of trouble and cost. These
particular property owners built
their cement walk upon the order
of the city under an ord nance which
provides that the grade shall be-
furnished by the city engineer, which.
was done in this case. Later with
out the authority, apparently, of any
body, Ninth street was graded down,
leaving the walk sky high, and now
the property owners want the city
to grade the walk down where it.
ought to be according to the street,
claiming, with seeming justice, that
the change in the grade is no fault,
of theirs v
Alderman Patterson was Of the
opinion that although there had been
no established grades outside the
fire limits that the fact that the city
engineer furnished the grades for the
walks bound the city as firmly as
though specific grades had been es.
tabIished. .
Alderman Reade felt that the city
was liable and moved that the city
rebuild the walks on the cheaper plan
suggested, which Mr.. Boucher, who
was present, said would be satisfac
tory, provided the property owners
gave release to the city for all fur
Their claims on this account. 5
The mayor said the whole trouble
came about through lowering thu
grades of Ninth street without au
/! thority. 5s. "a
/ Alderman Slattery gave notice tina
he would contest the right of the cit,
Ito go to this expense in the court
at his own expense, if he had to, a
!, he wanted to find out If the city wa
liable for all such claims which Nigh
arise, and moved ON his motion tn
! whole matter was referred to tn
I city attorney to report at the mex
!, meeting. 81
W. s. Casselman was present an
called the attention Of the council t
]. the condition that has arisen by re,
1 son of the grading of upper FIT
j street. He said that last winter til
! water and sewer mains froze soil
d and remained SO until spring, thu
4: endangering that part of the city i
!, case of fire. Recently several MOI
II feet of earth had been taken off th
& street at that point thus bringing th
4 water and sefer pipes within tw
i feet of the surface and assuring thej
4 freezing up as soon as cold weathe
i set in. He thought that aside fro1
the personal interest of the taxpa,
ers in that neighborhool the cit
was interested as whole and tina
! something should be done at ono,
J; thus emphasizing the folly of tn
council in postponing since 1901 Q
whereabouts the establishment of un
4 form street grades, the agitation
this direction having been starte
1 six or seven years ago, and plan
/ made by the city engineer, but ne,
er acted upon by the council. Afte
some discussion as to whether tn
city had power to compel the wate
company to lower the mains, etc
/ the matter was referred to the cit
/ engineer.
, The mayor announced that he ha
: appointed S. A. Burbage a speci:
policeman at the request of the !
: P. road so he would have power I
maintain order at the depot, the Gil
| to be at no expense. C. L. Johnso
: was also made special for duty {
j the Salvation Army barracks, he I
: serve without compensation.
II The street commissioner reporte
: that he had collected about $3.50 /
) poll taxes and an effort will be mac