The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-10

feas--Ald. Allan, Brozo Burton
psinS,a, Ellis, Field. Garyey, Gilman
Lodge. Lynch. McCarty, Mason. Merritt
Brien' ostrowski Owen. Essential
Schultz skrzych Theisen, Thompson
Tossy. Vernon. Walsh, Watson, Zoeller
and the Prcsident-35
Nays-None
Streets.
To the Honorable the Common Council:
Gentlemen - Your Committee on
Streets, 10 whom was referred petition
or Alfred T.. Sheppard ct al. for refund
or part OF paving assessment respect
| tully report we have had the matter
under consideration and find that petit
TONERS are the owners OF Lots 495 and
400 OF Voigt Park Sub, situate on tho
8. W. corner OF Edison and Second ave-
| nuesi that they ask TO be rebated a
part OF the paving assessment levied
against said lots. the same having been
paid under protest; that we submitted
| the matter 10 the Corpora ton Counsel
for an opinion and by him are Informed
that petitioners paid under protest the
paving assessment herelnbefore referred
to and claimed that they are Justly en-
titled under decision OF the Supreme
| Court, TO rebate OF rs per cent or
Sl63.S4; that the reason for their conten-
| ton is that the other side OF the street
| opposite their property Is occupied by
Voigt Park, and that in place OF Its pro-
portion OF the paving assessment hav-
ing been paid by the City for Voigt
| Park frontage, the entire assessment and
cost or paving the street in front OF
their property was put upon them: that
| this Is the same contention that was
presented to the Supreme Court In tho
| case OF Newberry vs.. City OF Detroit.
and In that case the court held that the
City could not hold property for park
purposes, pave the street alongside of
III and charge to the abuttlng owners the
entire cost OF the street, and that Mrs
INewberry was entitled to have a certain
sum OF money refunded to her. which
she had paid under protest In conncc-
ton with said assessment, The Supreme
Court seemed satisfied that IL was an
Involuntary payment and under these
circumstances the Corporation Counsel
recommends that petitioners request be
granted, and In view hereof. we recon-
mend the adoption OF the following reso-
luton.
Respectfully submitted,
JOSEPH L. THEISEN.
! THOS Il. Gilman, !.
j. f. MERRITT,
JOHN HARPER,
D ROSENTHAL,
F. j. MASON.
MARTIN j. OSTROWSKI.
Accepted and on leave, the following
resolution was offered.
BY Aid Theisen:
Resolved, THAT the City Controller be
and he IL hereby authorized and In
| structed to draw warrant upon the
proper fund In favor OF AIRED n. shep.
| amount OF rebate TO which ne Is en-
titled under the decision OF the supreme
Court In the case OF Ella Newberry va.
| CITY OF Detroit. on paving assessment
lovied against Lots 495 and 496 OF
| Voipt Park Sub, situate on the 8. w.
corner OF Edison and Second avenues, for
the paving of Edison avenue, upon pre-
| sentation OF the proper receipts showing
| the assessments levied against said lots
+, for the paving of said street to nave
been paid.
| Adopted as follows:
| Grindley. HARPER. Hindle. Heating
Kousch. Koenig. krapP ..on Li Msrr,tt
Lodge. lynch. M Ice Sw Mas0P Rosenthei
| Schultz, Skrzycki Theisen. thompson
| Tossv. Vernon Walsh. Watson, Zoellcr,
and the President-3e.
Nay FROM THE SAME.
/ To the Honorable the Common Council
| Gentlemen Your Committee on
Streets. to whom was Vas reIerr go Per per
/ hermit to erect sign corner Jefferson
and Cass avenues. respectfully report
| we have had the same under conslu-
/ Grafton and beg leave to state int the
| sign proposed 10 be erected Is similar
| 70 that now maintained by the -. * Z.
| line. and petitioners having obtained
| permission OF abutting owners, we peg
/
| iection thereto, and we therefore
| recommend the adoption OF the toi-
| lowing resolution.
| Respectfully submitted,
JOSEPH l. THEISEN,
THOS. +. Gilman,
-MERRI.r-rr --
JOHN HARPER.
/ D. ROSENTHAL,
I. .. MASON.
| MARTIN J. oSTROwSKI.
| Accepted. and on leave the follow
ing resolution was offered
| By Aid. Theisen:
| Resolved. That the Department OF
| Public Works be and Is hereby au-
thorized and directed TO issue permit
TO Northern steamship Co 10 erect
sign corner Jefferson and Cass ave-
Provided. That said work shall be
| performed under the supervision OF tho
| DeDartment OF Public Works, and In
accordance with plans submitted TO
and approved by said Department; and
| Provided further, That no rights In
the public streets shall be considered
l waived by this permission, which Is
4 granted expressly on the condition that
| said sign and all distractions In con-
| nection Herewith shall be removed at
any time when so directed by the Com
| mon Council.
| Aid Garvey was called TO the chair
Adopted as follows:
Yeas-Ald. Allan. Brozo. Burton.
Dcimel. Ellis, Field. Gutman. Gilman.
Lodge, Lynch. Mccarty, Mason. Mer.
| rift, OBrien Ostrowskt. Owen.e Roscn-
thai Schultz, Skrzyoki. Thcisen.
Thompson, Tossy, Vernon. Walsh
Watson, Zooller and the President
Pro Tem.--3J.
| Nays-None.
FROM THE SAME.
To the Honorable the Common Council;
| Gentlemen Your Committee on
II streets, TO whom was referred the Pc
tition OF Hammond. Standish a CO. for
n permission TO construct water meter
we'll between curb line and north wall
OF building on Standish street between
II twenty first street and alley hrst west
thereof. respectfully report that we