Semi-weekly herald., 1907-10-24

" WIS discovered tH3t IN error nau
heep made in the ordinance establish
ing the grade on lower Main, where
by the grade on one side was 300 feet
higher than the other. the figures read
ney was instructed to draw up an ordi-
nance amending that section to the
correct figures
Mayor Bcrudt stated that Mr.. Has
san. the tenant OF the Waller build
ing. had asked him If the city would
guarantee the payment Of the cost
of raising the walk in front of that
property to conform to the other walk
II he had it put in now. The mayor
said he told Mr. Hassan that he would
make no agreement to that effect. but
promised him that when the matter
came before the council he would do
what he could to allow the hill
Alderman Scouton moved that the
city purchase a sufficient pipe to lay
the water mains necessary on this
and the north side. He said bids had
1 been called for last spring, but the
successful bidder had not signed the
contract and the bid had boen declared
void. There was sufficient money In
the water main fund to purchase the
pipe and the city would have 1t on
hand when they were ready to put
down the mains in the future He of
fered a resolution providing that the
fire and water committee and the wa.
ter superintendent he empowered to
purchase the necessary pipe and
moved its adoption. Carried.
Express licenses were ordered Is
sued to Wood & Morgan. r. W. Solo
mon and w A. Benjamin: liquor H.
cense to B. Kern.
Alderman Casey moved that the
street force, with the exception of the
street supervisor, be laid on indeh.
nitely. He said the commissioner could
look after the street sprinkler and
do other neccs iary odd jobs.
Aldermen Mcclellan and Scouton oh
iected to the motion and said in case
of snow and wet weather the com
missioner could not handled the bust
ness of running the snow plow or
keeping the crossings clean. Alder
men Mcclellan moved AZ an amend
ment that all the street force. except
one man and the street commissioner
! be laid on The vote stood to 3. The
mayor voted yes and declared the
nj on n MT taI
raised the point that the motion car.
I ried an expenditure with It and, there
fore, required Ave votes to carry.
Mayor Berndt answered that the mo-
tlon carried a reduction of expendi-
lures, inasmnch as II reduced the
street force and. therefore, did not
require five votes. The city attorney
gave 1t as his opinion that the vote
was legal
On the question OF the legality OF
the bill OF Wood 4 Morgan for horse
hire the attorney was of the opinion
that the city was liable for payment.
so far as he could obtain any infor.
nation on the subject. This Ia the
case where the finance committee re-
fused to allow the bill on the ground
that the horse belonged to c. e. Nc
Connell who was mayor at that time.
The committee stated that Il hired the
horse from Wood Morgan. who sent
in the bill. Wood & Morgan inform
ed the committee that they had con
troll of the horse. and while Mr.. Me
Connell owned the horse he had moth
Ing whatever to do with the letting OF
It, while 1t was in their charge
On the bill OF the Durango Planning
MIL and Lumber company for two
carloads OF lumber. he said the city
was liable for the payment for the
FIRST carload under contract: that
while 1t was not liable under contract
for the other 1t was morally liable be-
cause the lumber had been obtained
and used and was now In use in the
sidewalk and crossings in various
parts OF the city. He read extracts
from supreme court decisions sustain
ing his opinion. The city should
'iAh'l lfihiii tH' luHiDfE vi tVuif-
alent. The lumber could not be re
turned, therefore. the city was liable
for its equivalent.
Alderman scouton moved that the
bills he paid. Alderman Mcclellan said
n would be best to walt for the full
board. Alderman Falsom was absent
and he had objected to allowing the
bills. He moved that the bills be laid
over. Alderman Scouton withdrew
his motion.
Alderman ScoutoD presented the op.
tiOn given to the Malone Iron Works
on the machinery OF the old pumping
plant and read resolution accepting
the same and moved Its adoption.
Carried
Chairman Naegelin of the city hall
and jail committee recommended that
the committee be given the power to
have the walls and ceiling Of tho
council chamber cleaned and II neces-
-.