Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-10-20

Mayor Weeks presented the follow
NJ report IN the b s. Jordan case,
20 Che Council Of the City OF o.
tGwa
Rglatiy. to the petition OF h. s..
orddn o, tho ity OF Ottawa, Illinois.
The city to employ special
'onnsol 70 defend a mandamus suit
lied In the Circuit Court Of La Sale
county against said Il. S. Jordan ana
he City of Ottawa through its Coun-
Il and also against the individual
Of this Council by one
Charles s. Cullen said suit being in.
,tituted TO compel the city to remove
| permanent canopy or awning pro-
Ccting over the sidewalk in front Of
the Orphaum Theater on Jefferson
street IN the city OF Ottawa.
This matter of hiring special coun'
BEL was referred To me ut the last
of this Council and | have
that the city should not go
to the expense Of hiring special coun-
sci for thr following reasons
On the goth day Of October A. d,
1918, the following bond was filed
with the City OF Ottawa in the fol-
lowing words, to-wit:
Know all men by these pres
ents, that b. S. Jordan, Of the City
OF Ottawa, County. of La Sale and
State Of Illinois, as principal.
and Lorenzo Leland, Charles Il.
Hook and Oscar Haeberle of said
city, as sureties. are held and
firmly bound unto the City of OF
tawa, Illinois. in the sum of Five
Thousand ($5,000.00) Dollars,
good and lawful money OF the
United States Of America, to be
paid to the said City OF Ottawa,
Illinois, for which payment well
and truly to be made, We bind
ourselves, our heirs. executors
and administrators. jointly and
severally, firmly by these pres
ents.
Witness our hands and seals
this Goth day Of October, A. ID.
1915.
The condition of this obligation
Is such. that, whereas. the said
B. S. Jordan Is about to erect an
awning or canopy at the front en-
trance OF the Orpheum Theater
located on Jefferson street, be-
tween Columbus and La Sale
streets and formerly known as
the Opera House; and, where
as. said b. S. Jordan Shas agreed
to file with the corporate authori-
ties OF said City of Ottawa before
the erection of said awning or
canopy a bond in the sum of Five
Thousand Dollars (S5,0G0.00), con-
ditiCned to save harmless the said
CITY of Ottawa by reason of any
damages of whatsoever nature
sustained by the said City of OF
taGa caused by the erection and
maintenance of said awning or
canopy;
Now. therefore, II the said B.
s. Jordan shall hold and save
harmless the said City of ottawa
from any damage or expense
caused by the erection or mainte-
nance of said awning or canopy,
then this obligation to be void,
otherwise to remain in full force
and virtue.
b $. JORDAN. (SeaD
LORENZO LELAND. (SeaD.
CHARLES f.. HOOK. (SeaD.
OSCAR HAEBERLE. (SeaD.
why said bond was given othe
than to protect the city In matter
like the one in question | cannot see
The very wording of the bond is 1t
hold and save the city harmless from
any damage or expense caused by tn
erection or maintenance Of said avn
ing or canopy"
Even without the existence Of thi
bond the city and the members of thi
Council can only be nominal partie
in interest in this suit The suit coul
result in nothing more than an orde
Of court compelling this Council to re
move or have removed an encroact
ment upon a public sidewalk,
That the encroachment is not OF
nature to injure the city in any wa
and in truth is probably a worthy In
provemert. as it tends to give CON
fort and protection to the public tina
may attend the public theater, yet
does not change the legal status o
the case, and was erected for the pu!
pose Of private gain.
In such suits as the DEEMS and Du
Shane cases, where the city was sue
for a large amount of money and
Judgment meant that its taxpayers a
a whole must satisfy said judgment
would have felt derelict in my dut
in not employing special counsel.
In this case no such condition ca
exist. Mr.. Nicholson, the City Al
torney, stands ready and willing an
is perfectly competent to defend tn
city's interest in so far as any interes
of the city may be involved, and
feel that this is all that should b
required of the city, as no other er
enactment is involved or can be In
volyed in the present suit. and | mus
feel that the real party in interest l
not the city but Mr.. Jordan in thi
case.
Dated at Ottawa, Illinois, this LIT
day Of October A. d. 1921.
GEORGE V. B. WEEKS,
Mayor.
Moved by Commissioner Doughert
that the report of the Mayor in tn
Jordan case be received and recorded
Ayes: Bradley, Dougherty, Palmer
Sticklen, Weeks.
Nays: None.
Motion carried