pipes, and knowing this, he was bound to make that an exception also. But the only exception he did make was one dollar per rod increase in the brick work. He took the contract as it existed with Mr. Martin, with this single exception, and cannot pretend that in taking it he obtained any other rights than Mr. Martin had under it, and the exception of $1 per rod on the brick work. But this is not all. Mr. Granger's proposal for this sewer was made after he had been refused estimates for excavating and backfilling in building pools and pipes, and yet he claims $33 54 for this same thing, and upon the ground that in estimating for sewers he expect ed to get pay for the same! Could he have expected it in this case?

Again, Mr. Granger for the same reasons claims $11 38 for digging and for pools and pipes in connection with the Beaubien street sewer, the contract for which was made long af ter he had been refused payment for this same charge connected with other sewers, and was al lowed 3 cents more per cubic yard than had been allowed by the first contract, for that very rea

son.

Now it does seem to me, that for this claim, or a large portion of it at least, there is no founda tion at all, and with regard to the balance, the fact that an attempt has been made to mislead the Council in regard to it ought, I respectfully submit, induce your Honorable body to deny his whole claim upon the ground stated by the committee in their report, viz: "That the city its not legally liable for the payment of the same." There is not only no safety in any other course, but the Council have no power to order any claim to be paid unless it is founded upon legal right. The committee have expressly stated that in their opinion there is no legal liability on the part of the city to Mr. Grangerthat ought to be an end of the matter; the expectations of any one ought to have no consi deration except so far as they may be fairly duced from a contract when there is one. Respectfully submitted.

CHAS. PELTIER, City Comptroller.
April 1st, 1856.
NOTE.-The foregoing report was prepared be
fore, and should have been presented at the last
meeting of the Council, but was withheld for the
reason that before doing so I desired to consult
with the City Surveyor as to the fact
stated by me, and which I believed to be
so, to wit: "That Mr. Granger's proposal for
this (Rivard street) sewer was made after he had
been refused estimates for excavating and back
filling in building pools and pipes." This I had
not the opportunity of doing in time for the last
meeting, but he has since informed me that it
was not the case-and I now wish to give Mr.
Granger in this case the benefit of the contradic
tion-but that this was the case in reference to
the Beaubien street sewer, as s ated.

CHAS. PELTIER, City Comptroller.
April 8, 1856.
Laid on table and ordered printed.
To the Hon. the Common Council:

I would respectfully inform your Hon. body that the lease for the wharf at the foot of Woodward Avenue expired on the 1st instant.

-terms payable quarterly, in advance, and secured by endorsed notes to the satisfaction of the City Treasurer.

Respectfully submitted.

The City Attorney, to whom was referred the petition of Charles Volkman, praying that an ordinance be passed by your Honorable body to restrain certain persons from speaking abusive. ly of hotels and other public houses, has the honor to report in favor of the prayer of the petitioner, and herewith transmit to your Hon. body an ordinance which he deems sufficient to meet the case. I am, respectfully, &c.,

J. LOGAN CHIPMAN, City Attorney. Ordinance read the first time and laid on table To the Honorable the Common Council:

Your Committee on Parks, in compliance with the resolution of Ald. Craig, at a special meeting of this Council, held on the 24th of March, would respectfully report that they have procured a plan for the beautifying of the grounds on the Campus Martius, in front of the contemde-plated new City Hall, and here with present the

same to your Honorable body, and ask that they be referred to the Aldermen of the Second Ward. Respectfully submitted.

The lessees have failed to pay the rent accor ding to the terms of the lease, and there is a balance unpaid of $150.00, being for six months from the 1st of October last; and I respectfully recommend that the City Attorney be directed to enforce the collection of the amount due, and that the City Marshal be directed to sell the use of said wharf for the ensuing year at public sale

CHAS. PELTIER, City Comptroller. April 8, 1856. Adopted. From the City Collector, collections on sideand cross walk assessments, $895 83; delinquent do, $16 02; on assessments prior to 1855, $171 55; delinquent assessments prior to 1855, $96 684. Referred to Committee on Ways and Means. To the Honorable the Common Council:

WM. GIBBINGS,
WM. DYSON,

Adopted.

Com. on Parks. Your committee would respectfully report in favor of passing the resolution of Alderman Reaume, relative to reports from Commissioners on Water Works, presented to the Council on the 11th of March, 1856. B H. THOMPSON, GEO. NILES, Laid on table. ROBT. REAUME. To the Honorable the Common Council:

Your Committee on Parks, to whom was referred the resolution of Ald. Martin asking an appropriation of $700 for the improvement of Crawford Park, report that they do not deem it expedient to tax the citizens for such a large amount at this time for the above purpose, as there are several other parks in the city which should be also improved. Your committee would further state, in all cases where parks have already been improved a large amount of the same has been done at the expense of owners and resi dents in the vicinity. In view of these facts, your committee would recommend that the amount of $150 be appropriated for said park, the same to be submitted to the freemen at the next meeting. Respectfully submitted. WM. GIBBINGS, WM DYSON, Committee on Parks.

On motion of Ald. Dudgeon, referred to Committee on Ways and Means, with power.

The undersigned committee, to whom was referred the petitions of Messrs. Ingersoll, Mc Knight and others, on the subject of the water taxation of the city, having had the matter un der advisement, and upon examination of the suggestions contained in said petition, respectfully report that they have arrived at the conclu sions following, viz:

1st. The water furnished to the citizens of the city is designed for the common benefit and convenience-designed to guard the property, protect and preserve the health of the entire community-and in short, to be of general advantage to every holder of property, whether real or personal, and every resident within the city limits.

2d. The tax to construct water works for the purposes mentioned is levied upon the property of the city in common, real and personal estate sharing pro rata in the burthens.

Your committee, therefore, respectfully report, in their judgment, it is manifestly unjust, impolitic and wrong to tax the persons who actually avail themselves from necessity or choice of the use of the water furnished by this common fund or tax, for persons not recognized or required to pay.

Your committee can, from well authenticated statistics, establish the absolute truth of the principles involved in the petition, if the limits of an ordinary report would admit, but your committee are content to submit but one or two facts and leave the matter in your hands, viz:

statement of the wants and requirements of the
Fire Department for the present year, together
with the cost thereof, excepting the ordinary
expenditures of the Department, for repairs of
engines and hose, salary of engineer and night
$1,440 00
watch, wood and making fires in engine houses:
1,125 00
do 15 reservoirs,
25.00
For 1,600 feet of hose,

5 00

do engine house No. 1 repairs,
do No. 2 repairs on
do
roof,
For hose cart for No. 2, if a two
wheeled cart will cost $80 00,
if a four wheeled cost

For Engine House No. 3 repairs,
For Engine Company No. 4, their
house is entirely too small, and
at present in want of a great
deal of repair; we would recom--
of
mend the appropriation
$1,000, as we understand the
company are willing to raise a
like sum for a larger house,
For Engine Company No. 5, re-
pairs of roof and gas fixtures,
For Engine Company No. 6, re-
pairs of roof and other items,
For Engine Company No. 7, re-
pairs of roof and gas fixtures,
For Engine Company No. 8, we
would state to the Council that
it is in danger of falling down,
and it is necessary to expend a
large amount in repairing it
immediately, but we learn that
the company are willing to
raise $1,200 for a new house, if
the Council will appropriate
$1,000. We would recommend
such an appropriation,
For Hook and Ladder Company,
we would recommend an appro-
priation of $70, which is neces-
sary for repairs on the roof of
their house, and some addition-
al hooks and ladders are want-
ed,

1st. Under the present mode of taxation the poor man is compelled to pay for keeping the hydrants and cisterns filled with water for the purpose of extinguishing fires, when, in fact and reality, he is not the possessor of a single dollar's worth of property incurring any danger from such a source.

2d. Every vacant lot within the city limits is increased in value, and a much higher price ob tained by running iron water-pipes by them, preparatory for sale, as is the fact at the present moment, their owners not being willing to pay a single farthing for such great and important improvements.

Your committee would further urge the importance of the proposed change upon the ground of economy, as the present Water Commisioners employ extra assessors and collectors, a separate and independent corps of themselves, responsible to them alone and not to the people, for the amount and paymetu of their salaries. Therefore, the saving to the city must be large on these two items, amounting to some thousands of dollars per year.

The undersigned, therefore, recommend the adoption of the principles stated in the petition above referred to, believing that property holders should pay their fair share for the means of guarding and protecting it, and, also, share the burthens with the poor lessee, when the effect is to enhance the property of the landholder and only furnish a temporary aid to the tenant.

B. H. TпомPSON,
GEO. NILES,
ROBT. REAUME,
Committee on Hydraulics.

Referred to City Attorney, and ordered print-
ed.
To the Honorable the Common Council of the
City of Detroit:

The undersigned Committee on Fire Depart-
ment, and Chief Engineer, would report that they
have made a thorough examination of the engine
houses, engines and hose belonging to the city,
and herewith submit to the Council the following

275 00
95.00

2 engine houses,
2 engines,

2 hose carts,
800 feet of hose,
Incidental expenses,

1,000 00

50 00

30 00

55 00

1,000 00

70 00

$5,170 00

If the Council should decide to organize a company in the Sixth and Eighth Wards, the cost will be for

$2,000 00
1,600 00

160 00
720 00
300 00

$4,780 00

All of which is respectfully submitted.
A. MARSH,
GEO. NILES,

B. H. THOMPSON.
WM. DUNCAN,

Chief Engineer.

Referred to Committee on Ways and Means and Comptroller.

UNFINISHED BUSINESS.

An ordinance relative to the assessment and
collection of road tax was taken from the table.
Ald. Doyle moved to strike out all after the
enacting clause. Carried, as follows:
Yeas-Ald. Doyle, Duncan, Dyson, Lacroix,
Marsh, Martin, Reaume, Sheley, Thompson, Re-
corder-10.

Nays-Ald. Cicott, Craig, Dudgeon, Gibbings,
Niles-5.

forthwith, and charged to the District Road drain from lot 1, north side of Clinton street, Fund. Adopted. with Hastings street sewer. Granted, under By Ald. Craig, supervision of Superintendent of Sewers.

Resolved, That the Committee on Parks be instructed to cause to be planted on the Campus Martius, within the chains, one hundred shade trees, of which number at least fifty shall be of sugar maple. Referred to Committee on Ways and Means.

Of Samuel Bates and others, for removal of fences back to line of lots on west side of Woodward avenue, from Grand River to Circus street, and on the west side of Circus street, from Woodward avenue to Adams avenue. Referred to Committee on Streets.

By Ald. Cicott,

Whereas, It appears by affidavit on file that due notice has been given to the owners and occupants of property on the south side of Locust street from Sixth to Seventh street, on south side of Elizabeth street from Williams street to Brush street, on west side of Wayne street from Jefferson avenue to Larned street, on the east side of St. Antoine street from Jefferson avenue to Franklin street, on the south side of State street from Farmer street to Miami avenue, on both sides of Miami avenue from State street to Grand Circus, on the east side of Sixth street from Woodbridge street to Fort street, on the south side of Lafayette from Seventh to Eighth street, on the west side of Randolph street from Monroe avenue to State street, that the Common Council of the city of Detroit would, on the twenty-fifth day of December A. D. 1855, meet and review the reports or assess ment rolls filed by the City Clerk on the 11th day of December, 1855, for the purpose of de fraying the expense of constructing plank side walks in front of or adjacent to said premises; and Whereas, all objections to said assessments or the confirmation thereof have been duly considered; therefore,

Resolved, That the assessment rolls are hereby
approved and confirmed-that the description of
premises and the names of persons contained
therein are correct, and the sums which the as-
sessment rolls stated to be the eorrect ones which
each individual or set of individuals should be
assessed at and pay, be the assessment and col-
lected from the several individuals liable to pay
the same according to law. Adopted.
The Council adjourned.

RICHARD STARKEY, City Clerk.
COMMON COUNCIL.
TUESDAY, April 15.
The Council was called to order by his Honor

Recorder Morrow.

PETITIONS.

Of Wm. D. Wilkins, to erect a wooden addition to his dwelling on Jefferson avenue. Referred to Committee on Fire Department.

Of the Ward Assessors, relative to per diem allowance for the performance of their duties. Referred to Committee on Taxes.

Of Wilson & Leitch, to enter Randolph street sewer with drain. Granted, under supervision of Superintendent of Sewers.

Of C. A. Trowbridge, for permission to build a "roof or shed" over his wharf. Referred to Committee on Fire Department.

Of G. Howe and others, for paving of alley between Congress and Larned streets, west of Griswold street to First street. Granted.

Of John M. Lane, for use of 12 feet square on which to build a temporary office for use of lower hay scales. Referred to Committee on Markets, with power.

Of George Miller and others, for a six-foot cross walk on north side of Clinton street. ferred to Street Commissioner, with power.

Ald. Doyle offered the following: Resolved, That Abijah Joy be and is hereby appointed a special Police officer, to attend at the arrival and departure of the Detroit and Milwaukee Railway Company's cars-without charge to the city. Adopted.

REPORTS.

From the City Comptroller the following accounts audited:

J. Kinderling, cleaning vegetable market, $3; Pat. Connelly, labor in engine house, $20; P. Klein, medicines to city poor, $12 50; salaries of officers, $804 13; Lafayette Fire Co., No. 4, care of hose, $38; Thos. Hanks, cleaning cesspools, $4; Vindicator, publishing Comptroller's Re-report, $40; McDonald & Finley, stationery, $172 84; Engine Co. No. 6, care of hose, $21;

Of George Miller, for permission to connect a L. B. Mizner, witness fees in case of Jackson vs.

Ald. Reaume moved that the nominations of the First and Second Assistant Engineers be referred to Committee on Fire Department, to examine if they could be legally confirmed by the Council.

nominations be confirmed as presented by the Ald. Dudgeon moved, as a substitute, that the Fire Department. Carried.

OFFICE OF THE DETROIT & MILWAUKEE RAILWAY CO., Detroit, April 14th, 1856. '"} Mayor, or Ald. Doyle-Sir: I wish Mr. Abijah Joy appointed as a special Policeman, at our depot. By attending to the same you will much oblige, Yours Respectfully, A. H. ROOD, Sup't. Accepted.

to statesmen and to courts. It is quite probable that they never will be prosecuted to a satisfactory solution. There is, however, one fact which lies at the bottom of the subject, and from which every effort of this nature has sprung.That is, that in every general system of taxation the poor and small property holders are compelled to pay more in proportion than the rich.The reasons for this are too obvious to need comment. We have the fact, and it should make us hesitate to adopt a course which directly or indirectly tends to increase the expense of a necessity of life to the very class who are least prepared to bear it. Impose such a tax upon property, and what will be the result? The merchant must raise the price of his goods, the landlord of his houses, and the mechanic of his wares. So much is placed as a burthen upon community and no one can escape his share of it; but the mere consumer, the one who works for others, who has nothing to sell or to rent, he not only will be compelled to pay his share, but a profit in addition to those to whom he is obliged to resort. The poor, then, are the only class who will not be benefited. They must still inInevitably bear the burden, but increased in weight, because each who has borne it before them has added something to it.

City, $5 25; Tribune, printing Comptroller's re-
port, $40; A. Edmunds, burying dead animals,
$9; John Ulrich, cleaning City Hall offices, $13.
Referred to Committee on Ways and Means with
power.
CITY ATTORNEY'S OFFICE,
DETROIT, April 18th, 1856.
To the Hon. the Common Council of the city of
Detroit:

I have the honor to report that I have examined the report of the Committee on Hydraulics relative to the petition of Messrs. Ingersoll, McKnight and others, and have arrived at the conclusion that you cannot adopt the system which is therein proposed. The subject under the present law is foreign to your deliberations, and to touch it would be to assume a power which the Legislature of the State bave deliberately taken from you. By the act of the Legis lature of February fourteenth, 1853, (see laws of that year, page 180,) the general management of the water works is removed from the Council and confided to a Board of Commissioners. The only real substantial power in regard to them left in you by the act, is that of appointment and amotion of the members of that board. every respect the commissioners possess an absolute and exclusive control over the works.

Now, the plan proposed by the Committee on Hydraulics is, that the Common Council shall cause the water works to be supported by a general tax upon all property real, and personal. This involves two question-1st, has the Council the power to touch the subject at all; and 2d, if they have, can they do it in the manner proposed?

To the first of these questions the exclusive power of the Board of Commissioners furnishes a complete and adverse answer. You may cause a tax to be raised for their benefit, but you have no discretion as to the amount, or the method of its assessment and collection. All this is fixed by law, (sec. 24 of act of 1853.) You cannot even take the initiative in the matter; but must raise such an amount as they shall have designated. This is all the power left to you as to taxation for the support of the works.

The second inquiry presents a more difficult and delicate subject to our consideration. It is doubtful whether, under any circumstances, the Legislature could authorize a general tax for the purpose of supplying citizens with water for their individual use. As well might they tax for bread, or any other necessary of life, The utility, or even the necessity of an article for human health and comfort, ought not, and cannot, in itself afford a ground for the exercise of such a power. If it were proposed to furnish any other species of food by a general tax, no one would hesitate to pronounce it im proper and impossible. Yet the principle is the same, and while we cannot over-value the importance of a pure, cheap and plentiful supply of water to the health and happiness of citizens, we ought not to attempt to furnish it in a manner which, in itself, would be an evil so great as to more than balance all this good. There seems rank injustice in the idea that men who own property shall be taxed to supply a mere article of food to those who do not.

I am aware that the theory of the proposed change is to equalize the burden of supporting the water works, by casting it upon the property of the city-thus making what men own, and not the amount of water that they use, the basis of taxation. These attempts to equalize taxes are quite common, and have afforded some of the most complex questions

But bevond all this there is a principle involv. ed in this plan of universal taxation to supply a necessity of life, an article of food, which at once stamps it as undemocratic and contrary to the genius of our free institutions. We do not want the hand of government to dole alms to us as if we were paupers. We do not wish legislative enactments to mingle with our food. If the State can thus supply by general taxation one article of food it may another--and if it may sup. ply it may prohibit and direct as it pleases. Let us but commence here, and by an easy gradation we soon arrive at a complete right in the Legislature to order our households, fashion our dress, or do any other act, which we now deem within our own peculiar province. But the evil does not end here. To feed the people from the pub. lic treasury tends to ruin their industry and independence. It teaches them to undervalue their own power and strength through life. We have not reached that state of national decrepitude, when statesmanship consists in hushing the cry of starvation. The present does not reveal, nor the future threaten, such an evil, and the greatest curse that can be inflicted on a people is to accustom them to the idea that they are to depend upon governmental charity. It is true that to pursue the plan of taxation proposed would not, of itself alone, have this effect, but it is a step towards it--a precedent which would oblige us to undertake public works to furnish labor to the unemployed, and to incur all the expense, to meet all the troubles, which the history of nations teaches us follow in the train of this kind of legislation. J. LOGAN CHIPMAN, Accepted and adopted. City Attorney. CITY ATTORNEY'S OFFICE, Detroit, April 18, 1856. To the Honorable the Common Council of the city of Detroit:

In compliance with your direction, I have examined the petition of B. S. Farnsworth, praying that an ordinance shall be adopted by your Honorable body to punish persons for using insulting and abusive expressions to strangers and passengers arriving in the city, concerning ho. tels, and other public houses. It does not seem proper that the prayer of the petitioner shall be acceded to. Porters, runners, and persons of that character ought to be put under such re.