Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-05-29
COUNCIL ADJouRNS TO WEDNES
DAY WITHOUT TAKING ACTION
@. ON IMPROVEMENTS
NOT AGAINST PAVING
BUT OPPOSE DETAILS
City Solicitor and c. n. E. soardman
Point Out That City Is Working I'm.
der Special Law and Amount OF AS
sessment Against City Is Limited to
"1-Mil Levy For Ten Years.

Before a room full of property OWE
ers and business men. most Of whom
eFs in favor Of paving the main roa ds
Heading to town, the council hearu
long and varied arguments Of objec-
tons and in favor OF the project. Flt-
teen additional objections were h!ed
against the Summit street pay fment
but most of the argument had 10 ID
with the proposed paving OF south
Center street.
The council listened patiently TO the
objections for property owners pre-
scented by T. F. Bradford J. NJ. Par
ker, and F. l.. Meeker. During this
argument it developed. as was sta1ed
in the T.-R a week ago, that not az
the objections were bona fide. F, H
Clifford, an objecter according TO the
objection filed by T. F. Bradford. nov
fed the council he did not object q
North Third avenue being paved along
his land that abats on North Third
avenue.
Mrs. Grace S. Foster filed written
withdrawal Of her objection with The
COUNCIL She lives on Ingledue street.
near South Center. She had been IN
cIuded as an objector by Bradford.
Jacob Neiderhauser was another al
legged objector to South Center street.
During the hearing he said over the
telephone his only objection was that
he wanted the pavement twenty-four
feet wide past his property from the
railroad crossing to the Linn creek
bridge instead Of sixteen feet. and he
was willing TO pay his share for full
width paving with curbs.
The Marshall Ice Company appeared
thru C. H. Nelson whose only objec
ton raised at the hearing was that the
mill hill should be cut down TO an
easier grade.
Argue as to Benefits.
Bradford argued that moneys and
credits would not be included in the
general levy to be made for the city's
share, nor would personal property
and he sought to stir up p-etudices by
reference TO the assessed valuations Of
some Of the Sticks OF merchandise
Of prominent merchants. the property
OF the Marshall Telephone Company
and the Times and in the
case OF the newspaper corporation
quoted only its assessment on old ma
chinery, emitting by design its assess
ments for all other classes OF property
which were greater than its machinery
valuations.
Judge Parker took the other line Of
attack. Whereas Bradford objected be-
cause the city's general levy would
not fall on all classes Of property.
Parker objected because the council
had not assessed a greater share Of the
cost TO the city at large. The public
benefit must be considered in every
paving assessment, he contended.
City Attorney Northup replied that
the law limited the city to mill for
ten years. which could raise only SIS
900 on a 100000 job, and that the city
was paying its costs in excess of spe
cial benefits to property. Judge Par
ker finally admitted that all he sough.
was a fair assessment.
Council Governed by Law.
1t was pointed out by City Solicitor
F. E. Northup and c. H. z. Bnardman
that the city was working under spe-
cial law for just such paving and that
it could proceed only under this law.
Boardman made the pointed ohserra-
ton that the supreme court had never
yet declared paving law unconstitu-
mering the paving laws of the state FOR
the last thirty years.
Boardman very pertinently accused
the other lawyers Of being before III"
council on a Is per cent fee Of wha
they could save property owners. H.
asked whether the lawyers got per
centage OF the difference between the
price Of Sl.3S, the per yard price tina
the council used as the basis for its
estimate. and s12IR the actual price
at which one contract has already beer
let
He called attention to the Calhoun
and Morgan cases, tried here ten years
ago. and pointed out how six lawyers
had consumed days trying those cases
He asked Parker to deny the fact tina
the lawyers fees in these cases did no
exceed the whole cost of the improve
ment.
BeIlus Strong For Il.
1t was pointed out by Councilmel
McFarland and Austin that in am
event no actual adjustment Of assess
ments could be made until after tn
pavement was laid 1t was promised
that then the city council would US,
every effort TO apportlon Lne assess
ments equitably. but that II could no
be. done in advance. Members Of thu
Is council denied the assertion that tn,
schedules had been prepared and tn,
estimate Of assessments made bv 9th
ers than the council, and assured tn,
lawyers that the council had inspected
the properties personally.
Il. A Bellus asked to be heard. HI
said he was the last man out on tn,
South Center street pavement. that h
owned frontage of 1910 feet and tina
he wanted the pavement and he wante,
to pay his share.
Aside from the Marshall Ice Com
pany complaint there were no other
reSarding the North Center stree
pavement and none were brought Il,
against the North Third avenue work
after Gifford's had been disposed OF
No new objections were fled to the cit
streets, South Twelfth, from Boone I
Doty, North Twelfth. from Main t
State, and North Ninth from State t
Summit
The council adjourned the hearing O.
objections until Wednesday morning a
! 9. o'clock.