The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-04-16
STATEMENT BY THE MAYOR.

A STATEMENT BY THE MAYOR.
Some three years ago some mem
hers of the city council and other
citizens, after visiting attractive cities
in various parts of the country sug-
gested that If Mitchell was to con-
tinue to grow, and become Il leading
city, the width of its streets, and the
width of parking should conform to
the prevalent practice adopted il
other modern cities.
The ordinance committee was re-
quested by the city council TO investi-
gate the subject, note what streets
should be exempted from a change
and draft an ordinance covering the
subject.
The park board was created about
that time under the state statute of
1909. The law creating the park
board gives the board this author
ity:
Sec. {. Said park board shall have
power N authority to establish
parks in the city for which they are
appointed; to care for the same; TO
plant trees and flowers; and to park
and boulevard the streets of the citi-
es and prescribe the rules and regula-
tons for the care thereof; and in all
cases, except for public parks, to as
sess the cost of the parking or boul-
evarding of the streets and avenues
of the city to the abutting property
The sentiment of the park board
was requested and it was reported TO
the council that it was the unanimous
recommendation by the members of
the park board that it was desirable
to change the road way of the resid-
ence streets from forty t40) feet to
, thirty (30) feet, and increase the
parking, including the sidewalks
from thirteen OBJ feet to eighteen
). (1S) feet in width.
Owing to some difficult question
arising about exemption OF the streets
the location of catch basins, the ordi-
/, nance was held in allegiance one en-
tire season. In the winter of 1912
and 1913 owing TO the fact thai a
number OF requests came to the city
engineer to lay out lines for curbing
and parking and, in view of the in
tention to place side walks and park
ing on the side Of the parks of the
city, it was deemed by the city coun-
) Gil, hat if this change was to take
place it must be lone without further
delay. %Thereupon the ordinance was
: passed changing the width of the
road way of the residence streets of
the city from forty (40) feet to thirty
: $500 feet, excepting Lawler, Main
and Rowley streets and the intersect-
ing connections, also excepting a few
of the principal streets leading out
' into the country from the city.
In 1913 a petition was presented
to the city council to curb and i'm
: prove East Fifth avenue. Upon the
council taking action favorable to
; this petition and publishing the reso-
luton there arose a strenuous ohjec-
, ton from some citizens on this street
as to the width of the road way. The
Council have been satisfied that there
has been much misrepresentation
made and the chief objection to the
ordinance arises from the notion that
, citizens of Mitchell are liable to be
assessed az large sum of money, by
2 reason of this change in the road
way. The council have also thought
that when the matter was understood
that there would be little or no OBJ
~jections in the city to this ordinance.
A few hours before the last meet
: ing OF the council a petition was pre-
scented to the city auditor asking for
the passage of an ordinance re-estab-
Fishing the width of the road way tc
Forty (4Ot feet and repeating the or
Idinance reducing the width to thirty
Il (CnA fnn+ 7Shic nnfitinn WOO rnforrnG
I to the city attorney, for examination
and report to the city council. Mr.
!, Miller appeared personally before the
council and expressed his views to the
effect, that the petition was defective
as to its form, under a law passed by
the 1913 legislature. That if his pc.
tition was granted and an election
s held resulting in the affirmative il
A would always be a question of doubt
g as to whether the ordinance was leg,
. ally adopted.
Upon this advice of the city at.
torney the council passed a resolution
d~ecliningSto accept the petition and tc
! grant the special election called
3 Later Mr.. Miller presented his objec-
lions in writing to the city auditor, d
: copy of which is as follows:
"In reply to your request for my
: opinion on the sufficiency of the pc
l titlon filea in your office by f. j,
t Purdy and others asking for the sub
mission to the vote of the people OF
a certain proposed ordinance determ-
s ming the fluth of the streets and
, road ways in the city of Mitchell.
< beg to state that the petition seems
to be in due form, except that the at
fidavit required to be attached to a
petition of this kind by Chapter 202
OF the Session Laws of 1913 is not at
tached to said petition. This act pro-
vides hat every person, who shall
circulate and secure signatures to a
petition to initiate any law for the
referendum of any law under the pro-
visions of Section 1. Article Ill of
the constitution, shall before filing
the petition make and attach to said
petition an affidavit, the form of
l :