Evening journal., 1911-11-23
ATTACK THE
PAVING LAW
W. N. Connolly in Roll Of
Lawyer, Says Resolution
is Unconstitutional
CITY JUDGE HOLDS UP
CASE FOR CONSIDERATION


of No. 500 South Van Buren street,
was defendant. as well as legal ad-
wiser in City Court this morning, aud |
A. the same time Judge Cochran aired .
his opinions on cement sidewalks |
which formed the issue in the case
being tried.
Mr. Connolly is undertaking a |
building operation at the northeast /
corner of Beech and Van Buren,
streets, at No 616-1S South Van
Buren and at No. 1910 Beech street
He had d>been sent a copy of the ordi-
nance passed by the Street and
Sewer Department March %, 1909, /
fpec'tying the kind Of pavements to |
be laid
Assistant City Solicitor Lynn said
that Mr. Connolly, irrespective OF
this, proceeded to lay brick pave
ments and his arrest followed. Mr..
Lynn then read the ordinance pertain /
ing TO cement payements which i'm
posed fine OF 81 for each square
yard OF pavement laid in violation Of
The law, the fine to go to the Street
and Sewer Department.
Mr.. Connolly pleaded not guilty to
violating the ordinance and then read
COW
cred his defense.
! plead that the resolution, under
which this charge Is made. is en-
iirely Illegal impracticabie and un-
constitutional.
The resolution specifically SAYS
that the pavement must be cement
concrete and no other, if it is as
good or if 1t is better It makes no
difference. The Street and Sewer
Department have declared themselves
intallible in the selection OF a side
walk pavement
The Street and Sewer Depart
ments creation, life, and existence,
does not carry with it any right to
pass such drastic and impraoticable
resolutions, and to discriminate
against the makers of all materials to
be used for paving and to favor the
makers of cement only. It is a most
rabid and vicious act to try and put
into effect, to bulldoze the public and
its citizens into laying cement pave
ment and cement pavement alone. The
resolution does not prescribe cement
concrete pavement or something as
good or as durable, but a cement pave
ment and no other whether it be as
good or even better.
According to the resolution, as
understand it, you cannot lay brick
pavement, a flag stone pavement, a
lie pavement asphalt or bithilitic.
terrazza, mosaic or any kind of an
expensive pavement which a person
might want to do to carry out the ef-
feet of an entrance into any place OF
business or amusemnt It would not
not allow the covering Of sidewalk
with heavy plate glass when the cell
lar OF building extends to the curb.
Why all paving materials, of which
there seems to be many, are all eX-
cluded and barred, and only cement is
allowed seems TO me to be an inn
perialistic order and not statute or
a law enacted for free and liberty
loving people and why the Street and
Sewer Department undertakes to try
and force sucn an inconsistent thing
is beyond my comprehension.
"A cement pavement is not practi-
cable because of various TeasOns--lst
1T is exceedingly dangerous on any
incline or HILL no matter how much
81 is grooved. 2d-It is very sensti-
tive and succumbs TO the meteOrolog-
ical conditions Of the atmosphere. In
extreme hot weather / have seen it
expand to such degree that the fiags
almost stand on their ends, which is
very dangerous TO pedestrians and any
person not knowing Of this condition
in the pavement might be thrown very
violently and liable to sustain SER
ious injury. 3rd--Because IL handi-
caps "a building operation and puts the
builder to extreme unnecessary on
pense especially in tho autumn and
winter because it cannot be laid in
frosty weather 4th-lt is another
great detriment to a building operation
especially where the buildings are on
low land and the sidewalks arc filled
h and made ground-on this kind OF
ound it will not stay but will break
and upset
"All this 7 know from experience
- have had miles of it put down
around the section where / live and
It is today horrible disgrace, sunken
and fallen. upset cracked and some
of il almost standing on its ends, sim
ply because the ground has settled
and the weight of the cement has set.
tied with it and the only way some
Of it can be remedied is by taking II
up and substituting a brick pavement
in its place.
Il cannot understand the object. oI
the motive for this resolution, wheth'
or IL Is because it is more durable
more SUBSTANTIAL OF Uellel III any way
p than any other kind of a pavement, o.
whether it Is the fancied notion of the
Directors that It is a move forward ir
making a City Beautiful. II It is fol
any of these or any other purpose II
is inconsistent because in front of ol
around a vacant lot you can put 9
brick pavement or any kind of pave
ment as section one clearly says ant
the Department themselves in putting
down sidewalks in front Of vacan
lots put down brick.
= The greatest sidewalk ever laid
from a practical standpoint. is brick
There is nothing better than a goot
brick sidewalk when II is put dowr
properly. | built fourteen houses OF
Harrison street. between Maple anC
Sycamore streets. There was nS
sewer in Harrison street at the time
| put down cement pavements ant
now as each house gees in the sewel
an entire new pavement has to be laid
also built eight houses at Maryland
avenue and Sixth avenue, with M
sewer in Maryland avenue at tha
time | put down brick pavemenu
there They are now connecting thes'
houses with the sewer and the pave
ments are very easily repaired. II
~