Daily capital journal. (Salem, Oregon) 1903-1919, 1913-08-05

it was necessary to put these streets
into reasonable condition for travel.
We find that the work was done in
the nature of repair work at the ex-
pense of the street fund of the city and
not at the expense of owners of abutt-
ing property; that the cost to the city
in material and labor was about the
sum of $532.90, of which 5000 was ex-
pended for fourteen loads of screen
gravel for surfaeing, and 500 for lum-
Der for a culvert; that the work was
performed by those in the continuous
employment Of the city and by the
teams belonging to the city at time
when their services could not be made
of use in any other direction; that the
additional material was crushed rock
taken from South Commercial street,
which had been given to the city free
of cost by the Portland, Eugene & East
ern Railway company.
Not Directly Responsible.
We further find that G. S. Stolz,
chairman Of the committee on streets,
is not responsible directly for ordering
the work done, but that Thomas Corne.
lius, street commissioner, after consul
tation with H. W. Hatch and John G.
Siegmund, members of the committee
on Streets ordered the work done and
superintended the doing of it. No spe-
cial authorization for the doing of this
work was obtained from the council,
though the council had notice through
the street commissioner report Of
what was being done. The work has
been well and economically done.
If 'Repairs' Not Violation.
We find that the manner Of doing
this work is not in contraventiOn Of
the provisions of the charter. It is
not Of the character Of "street inn
provements," as defined in section 26
of the charter, hut is in the nature of
repairs, as authorized by section SO
of the charter, to be done either at
the expense Of the owners of abut.
ting property or to be paid for out
Of the general fund of the city. BY
section 81 of the charter, If the coun.
ell declares that a proposed repair
shall be made at the cost Of the ad-
iacent property, thereafter the pro.
posed repair is to be deemed as an
Improvement" and shall be made
accordingly; but if it declares that
the cost shall be paid out of the gen.
eral fund, such repairs may be made
as the ordinance may provide, and
shall be paid accordingly
These two latter sections Of the
charter contemplate that repairs Of
any material consequence should be
authorized by an ordinance, but we
do not understand from the wording
OF section 50 that such an ordinance
is mandatory, unless the council
should declare that the proposed re.
pair should be made at the cost Of the
adjacent property.
Well Repaired, Is Report
We find that it has been the Gus.
tom Of the street department to con.
slider streets, like those under consid.
Grafton, which connect with main
county roads leading into tho city to
be in class by themselves, and that
where the owners Of abutting prop.
erty fail to improve such thorough.
fares at their own expense, the streets
have been kept at least passable at
the expense Of the street fund. This
committee doubts the wisdom Of such
a course, as IL encourages property
owners on such streets to remon.
strate against permanent improve
ments, evidently concluding that the
work they should pay for will be taken
care Of out Of the street fund. Still
looking at this matter as the testimony
shows IL was presented 10 the street
department, we hardly SEQ how they
could have done other than as they
did. The streets named had 10 be 70