The Cairo bulletin., 1909-06-29
Attorney Leek Contended it Would
Involve Board in Litigation
Account of Patent
Outweighed Strong Pleas of Citizens for Delay.
Counter Petition Presented for Brick
Sycamore Street Laid Over
at Mayors Request

that their payements would be good.
Attorney I4eek contended that the
asphalt payements spoken OF were
the same as that on which the War
rem Pros. had a patent sustained by
a decision of the United States court
He also read a decision of the Illi-
nois supreme court declaring an ordi-
nance void in which it was sought 10
improve street with a material on
which a patent was held. on the
ground that competition was impos-
'sible in such a case.
John s. Aisthorpe read an opinion
by one of the strong legal firms of
Chicago, declaring that the Warren
Bros patent was not valid; also an
extract from the Chicago Tribune
telling of a decision by Judge Kohl
.saat, refusing TO grant an injunction
in behalf Of the Warren Bros in the
case of the Michigan avenue pave
ment. Mr.. Aisthorpe thought it
strange that these pavements could
be laid in other cities In this and
other states without interference, and
not in Cairo.
Mr. Leek replied he gave the
Board the opinion of a United States
court and not that Of any lawyer: and
| it was the court that would finally
have to pass upon the matter He
wished to keep the Board from TAX
ling any chances OF becoming in
VOWED In litigation, and as its attor-
lney felt in duty bound to advise them
against the asphalt pavement pro-
tposed for Walnut street. feeims
sure it was an infringement upon the
Warren Bros patent and would maze
trouble for the Board If not prevent
the Improvement
The mayor read several letters
written to the mayor of Carmi who
sent out one hundred letters of la
quiry as to paving in Illinois. Ninety
per cent Of the answers favored brick
among them being letters from the
mayors of Bloomington. Belleville
and Blue Island which His Honor
Tread.
Attorney Leek read a petition from
50 property owners on Walnut street
representing 1857 feet frontage
ftyoring brick.
Some controversy arose as to some
of the signers Of this petition. Mr.
Aisthorpe said there was no need of
injecting any bad feeling into the
matter He knew the people of Wal
nut street We're not there to buldozc tie |
Board into accepting asphalt SO far
as he was concerned If the Board |
after due investigation should de-
clare for brick as the best he was pre-
pared to accept it,
A motion by Alderman Ferguson
seconded by Alderman ScuIlin that
the petition of the citizens Of Walnut
street be granted and that the resolu-
ton regarding Walnut street be laid
over. was lost and the resolution de
nlaring that the Board adheres to the
plan of Improvement as originally |
presented was adopted on motion Of
Alderman Magner with one negative
vote. Alderman Ferguson.
Twenty.frst street was then taken
NJ and Attorney y. s. Lansden ap
leared for the Mobile & Ohio rail
'oad. saying that this company pro
tested against being assessed for
brick paving on that portion of the
street west of the Cairo mill. whore
he property was all owned by said
company and was unimprovei. The
company did not see that fl would be
benefited by paving the street with
prick: it was willing. however to
ave II with gravel.
The mayor replied that the Board
lad TO make the street as a whole in
planning the improvement. and he
loped the company would not pre-
ient any Obstacles: It had shown It.
;elf liberal in this respect on former
occasions, and he felt sure Il would
,e the same in this instance.
Twentyfrst street and Elm street
we're passed by the Board. L.
Sycamore Laid Over.
When Sycamore street came up
he mayor suggested that II be lail
,ver until he could hear from the
Big Four officials with reference TO
he subway concerning which he hal
written them. It was laid over TIL
r.,1. |