The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-09-06
MADE THE APPROPRIATIONS
The City Council Appropriated &c.,
600 to Run the City's Business
Next Year.

which was presided over by Mayor
Branson, and the following aldermen
We're present: Messrs. Koch, Duncan,
Curtis, Koch. Kelley, Burns and
Doyle. Auditor Markham read the
minutes of the previous meeting
and they stood approved.
A delegation OF citizens from the
west side appeared before the coun-
gas plant of the Mitchell Gas COM
pany, and the explosion which oc-
CURED there Saturday evening. The
petition went on to recite the fact
that in the eyes of the petitioners
that the plant has been a menace to
the people living in that vicinity,
that it is dangerous to human life
from the fact that two explosions
have already taken place; that there
is a bad odor around the plant, due
to the refuse which is dumped on the
outside and that 1t is unsightly lying
there in its present condition; that
the plant made that portion of the
city unfit for residences and that its
close proximity reduced the value Of
nuisance and that the council should
cause it's removal from the property
where it is now located. The petition
was signed by about every person
I ~; ~, n. r:&l;, l.~~ 49, 49,, l1~@1r~
OF the gas plant.
The matter was referred to City
Attorney Hannett, who made the
following statement:
The city council might pass a res
olution declaring the said gas plant
a public nuisance, but that would
not necessarily make it so-the fact
would have to be determined in a
court Of justice. The gas company
having failed, and a receiver there
for having been appointed by the
federal court, an action could not
be brought against said receiver to
enjoin him from maintaining said
plant, unless the federal court grant
ed permission to sue the receiver. If
such permission was granted, then
in our opinion, the action should be
brought by ONE person who lives
in the immediate vicinity of said
plant, and whose life and property
is in danger by the maintenance of
the same, and that if an action was
brought by said party and he could
show as a matter of fact that said
gas plant was SO conducted as to be
dangerous to the person and proper
ty in its immediate vicinity, and that
his life and property was endangered
the said plant was injurious to his
health and that of his family, an in
junction would be granted prohibit
ing the receiver from maintaining
said plant under such conditions"
According to the suggestion of
City Attorney Hannett an action will
be started at once in the federal
court to secure the consent Of the
federal court judge to take the ne
cessary steps to enjoin the plant
from being operated in hat vicinity
any longer. The matter of expense,
however, had much to do with any
private party beginning the proceed
ings, inasmuch as Attorney Hannett
stated that it would cost at least
' o. n RS, QO0n +o GricL {h1 nora In
view of the fact that sc many citi-
zens were interested in the removal
of the plant, Alderman Kelley sug-
gested the idea that the city should
bear the expense and a motion was
made and carried that the city bear
this expense. The action will be com
menced at once.
A communication was received
from the fire department stating that
inasmuch as Arthur Wright had de-
!. clined to qualify as the fire police
!, thai the members of the department
/, recommended the name Of James
!, Clark for the appointment. Mayor
Branson accepted the endorsement
j, and appointed Mr.. Clark to the po-
!, sition, which was confirmed by the
!, council.
Mrs. A. Lindstrom presented a let
ter to the council asking hat her
i, next door neighbor be required to
+ build a cement sidewalk in front of
!, his property. She believed that as
it had been condemned that the own
!, err ought to be required to build it.
j, The auditor was notified to write the
9 property INC in reference to com
plying with the condemnation pro-
ceedings, who will in all probability
r build it as soon as he has been in.
, formed.
A request of Mrs. A. G. Motley
was presented to the council for the
! construction of a street crossing
from her property on Fifth avenue
west across Rowley street. 1t wal