The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-04-10
Fifth Street Property Owners
Propose to litigate.
REFUSE TO BE ovERTAxED
w. r.. Geddes Notified the Aldermen
Last Night That an Injunction
Would Be Asked For.
From Saturdays Daily

The council last night settled tn,
South Fifth street matter, but MOI
entirely to the satisfaction of the prop
erty owners, who threaten repeti
ton of the Broad street litigation.
AID. Atehison reported that Contrae
tor L. Il. Coughlan had handed in q
check for 5000 as a refund on his Soutl
Fifth street contract.
Aid. Mahowald moved, inasmuch as
this had been done, that this be ac
cepted in full settlement, and that the
board, of public works proceed to levy
the assessment, deducting the 5000.
ID. V. Williams said that the property
owners were opposed to being assessed
for more than the price bid. and he
thought that they would resist it il
they were.
Mayor Andrews asked how much he
thought ought to be refunded. Mr.. Will
liams replied that it was about $1,000
He had originally figured it at $1,000
but had conceded to figures prepared by
a Minneapolis expert, Mr.. Copelen.
Will Resist Assessment.
w. r. Geddes said that if Mr.. Cough
Ian had been overpaid $4,000, he should
pay that back. and if he was not over
paid, he should not be asked to refund
There is 10 half way ground
about it. He has been overpaid $4,000
or nothing. That is a matter between
the city and the council No matter
what settlement is made with Mr..
Coughlan, the property owners cannot
be assessed for more than the price bid
and they will resist it in court. If
the city wants to pay the difference,
it will be all right. Some property
owners declare the street as it now
stands damage, that it is an incom-
plete, botched job. This simply shows
some of the things that the city would
be up against ii the case gets into
court.
Mr.. CoughIan said that the reason
why he had turned in check for 5000
was because when the contract for the
extra ten feet was awarded the promise
was partly made that it would not cost
any more than the original contract.
His check was between $50 and 800
more than the figures showed it should
DC. He had presented the check simply
because of this partial promise, and for
no other reason.
Mr.. Williams spoke at some length,
and Mr.. Geddes said that if the case
got into court, the contract price would
not be held to. but the reasonable
value of the work determined and the
based on that.
Do What Was Right.
Aid. Gary said that the council would
10 what it thought was right, and if
he property owners thought themselves
they had recourse4 1t had
,ecn hard work to get Mr.. Coughlan to
'efund 5000. Macadam cannot be pur
chased for any such low figures as
Mr.. Williams used as a basis in figur-
ng, but if it can be shown that it can,
hen the assessment will be cut down.
Mr.. Williams maintained that it:
.Ould be done for AZ cents a cubic yard.
b. T.. MonsOn wanted the committee.
hat went to Minneapolis to get ex
,crt evidence to present report to the:
ouncil. A committee of aldermen and
he city engineer went, but whether
he council had paid the expense of.
he trip he did not know, as he had.
cen no bill rendered.
Aid. Bradley said that the commit
ee had reported to the council, and the
ity had paid the expense bill.
Aid. Mahowald's motion was carried,
i've to one, Aid. Eichstaedt voting no.
Mr.. Geddes said that he would notify
he council informally that the collec
ion of the assessment would be en-
oined unless the figure was reduced
o what the property owners were will
ng to pay. A good many other ques-
ions would also come up.
Don't Want Triangle.
d. V. Williams brought up the mat
or of the purchase of Mrs. Sarah
;oodwins triangle strip at the corner
# Fifth street and Glenwood avenue.
The street committee had previously
eported unfavorably ON the matter,
nd did not desire to change it's report,
nd the matter was dropped, although
lot without a protest from Mr.. Will
Jams, who wanted the city to buy the
trip.
The bills were allowed.