F. Deneke, interring 10 paupers, $50 75; Wm. Knowles, repairs of engine houses, $4 25. Referred to Committee on Ways and Means, with power. To the Honorable Common Council: The Committee on Streets and City Attorney, to whom were referred the petition of William Gooding to lease "the foot of the alley first above Randolph street, for the purpose of erec ting a temporary boat house," have the honor to report that they have investigated the subject and deem it advisable to grant the prayer of the petitioner. It seems proper, however, that we should state to the Council that there is no strict right in them to lease these premises. They are a public way, and as such, belong to the people; yet they are not now, nor have been for several years, in use, nor do they seem necessary for the public convenience. As they are at present, they are a nuisance, or will be when the warm weather arrives, and it is in all respects desira ble that they shall be put in the possession of some one who will keep them in a cleanly and healthy condition, In this view of the matter, we can see no harm in leasing them to Mr. Gooding, and think that positive good will result from it. The city will receive a rent and the premi ses be kept in a wholesome'state. We therefore recommend that the Comptroller be instructed to execute a lease of the premises to Mr. Gooding for five years, reserving therefor such a year ly rent as they are worth, and inserting in the deed of conveyance a condition that the city may terminate the term at any time during its continuance; and that in case said Gooding is ejected from said premises, indicted for using them, or in any manner prosecuted or put to charge, inconvenience or damage by reason of holding them, or obstructing the alley of which they are a part, he shall not resort to the city for indemnity therefor. Respectfully, &c., ED. V. CICOTT, Chairman Com. on Sts. J. LOGAN CHIPMAN, City Att'y. Report accepted, and on motion, so much as refers to sewers referred to Committee on Sewers. To the Honorable the Common Council of the city of Detroit: I respectfully request your attention to the proceedings to open an alley from Randolph street to St. Antoine street, between Jefferson avenue and Larned street. On entering into of fice, I found that this, as well as other matters of the same nature, had been prosecuted to a verdict, and were ready for confirmation. The requisite notices were accordingly issued, in conformity with which parties appeared and filed reasons against the confirmation of the verdict, among which, it is alleged, and is undoubtedly the fact, that H. McCain is assessed for benefits on the whole of a lot, of which, at the time of the rendition of the verdict, he only owned half; the residue being the property of John Patton. This objection was made for Mr. McCain by Geo. V N. Lothrop, Esq., his attorney, and is fatal to the verdict for the following reasons: 1st. Because no man can be compelled to pay a charge upon another's property. 2d, Because a charge cannot be laid upon Mr. Patton's property without making him a party to the proceeding. 3d. Mr. Patton is not now, nor can he, in any legal manner, be made such a party. If the Court could confirm the verdict in part, and reject the residue; or, if there was any legal mode of apportioning the benefits assessed upon Mr. McCain alone, between him and Mr. Patton, the difficulty would, in a great measure, be obviated; but it has no power to do the first, and no data by which it may accomplish the last. There are other objections urged against the confirmation in this case; as, that one of the jury does not appear, by the record, to have been drawn on the regular panel, or summoned as a talesman; and that the jury were guilty of irregularities, as by appointing a committee of six to investigate the facts, upon whose report they founded their action. I do not, however, deem these as fatal, for the reason that, in the one case, the officer who summoned the jury will be allowed to amend his return; and, in the other, there is not proper proof of the irregularity before the Court. But any misconduct, or remissness in duty, on the part of jurors in so important a matter ought to be discouraged, and is in direct contravention of the substantial rights of parties affected by their verdict. It is their privilege to have the best judgment of all the jurors in the premises, and not of a part of them only. The existence of such a fact being established in any manner, I do not deem it just to take advantage of a mere technical informality in the method of its proof, especially when, as in this case, the rights and property of a large number of citizens are at stake. But the first objection I have noticed is fatal. Great expense has already been incurred by the city in opening this alley, and still greater will be incurred if it is appealed to the Circuit Court, or, (should the Mayor's Court refuse to confirm the verdict,) by empaneling a new jury as the law provides. Grave doubts are entertained and ob jections taken to the constitutionality of the statute under which these proceedings have been had. While I am convinced that it will be sustained by the courts, I am anxious to have it tested by some case in which the constitutional question alone will be considered. This result can undoubtedly be obtained in some of the cases now pending in the Mayors' Court. As this matter is situated, it will be my duty to abandon the steps taken towards a confirmation, and it seems proper, in view of all the facts, that we shall proceed no farther until the validity of the law is finally determined; yet, after abandoning the present application to the Mayor's Court, I shall feel bound to demand a new jury, and again attempt to get a verdict and a confir mation-unless the Council shall relinquish the proceedings and render such a course unneces sary. It is my desire to protect the city against further cost in this matter, and it can only be done by such action on the part of your Honorable body By a report of Ald. Dudgeon and the City Comptroller, adopted by you on the 16th of October, 1855, it was provided that no street opening shall be undertaken by the city, unless the parties applying therefor shall give security for the payment of all costs which may accrue thereby. This seems to be a reasonable provision, and ought to be applied to the matter under consideration. This can only be done by abandoning the present proceeding before a new jury is summoned, and then, if the Council again attempt the improvement, it can be done in such a manner as will protect the city against the expense of it. I have deemed it proper to make this statement to your Honorable body, in order that you may have all the facts, and take such action in relation to them as you may deem proper. I am, respectfully, your ob't serv't, J. LOGAN CHIPMAN, City Attorney. By Ald. Dudgeon, Resolved, That all proceedings now pending $3,957 58 J. CAMPBELL, City Treasurer. Referred to Committee on Ways and Means. To the Honorable the Common Council: Inasmuch as the season has arrived when many of the citizens of Detroit will be providing themselves with awnings in front of their stores, and there is an ordinance specifying the kind which shall be used where there is paved streets, I respectfully suggest that a model for such awnings be proved and left in the office of the Street Commissioner for the use of those persons who may wish to use the same, as provided for in the ordinance above referred to. JOHN KING, Street Commissioner. Accepted and referred to Committee on Streets to adopt model. To the Honorable the Common Council: I respectfully ask the Committee on Sewers to inquire into the propriety of extending the sewer on Bates street from its present terminus on north side of Michigan avenue to the north side of Monroe avenue. There is no way of taking the surface water from said Monroe avenue except by connection with private drains, which may be shut off at any time. JOHN KING, Street Commissioner. I hereby present to your Honorable body as sessment rolls for cross walks across Brush street north side of Fort street, across Howard street west side of Second street, across alley on south side of Adams avenue between Randolph and Brush streets. JOHN KING, Street Com'r. Accepted and confirmed. From City Collector, collections on paving as. Delinquent paving assessments, To the Honorable Common Council: Accepted and adopted. To the Hon. the Common Council: W. C. DUNCAN, Accepted and adopted. The Committee on Health, to whom was referred the petition of Alexander Melvin, asking the city to lease him the lot on the Marsh Road, which lot the city uses for the deposit of filth, The Committee on Markets would respectful- your committee most respectfully report in ly report, that in accordance with the action of favor of the prayer of petitioner, providing that the Council, the stalls in the Market were this said petitioner would grant to the city part of day disposed of as follows: In the new market the lot, for the same or other purposes, and unto six stalls $225 each. Nos. 5 and 7 remain un- such times as the lease of such lot expires to sold. In the old addition to the market three the city. Your committee would further report were sold at $100 each; leaving five unsold. In in favor of granting the said lease, and would the old market five stalls were sold at $40 each; recommend that the City Comptroller be inleaving one unsold. Your committee would re-structed to execute a lease upon the part of the commend that doors be hung at the rear entrance P. GALLAGHER, of the City Hall Market, and be closed except duROBT. REAUME, ring ordinary market hours; and that occupants E. N. LACROIX. of stalls in City Hall Market be allowed to keep On motion of Ald. Sheley, referred to City Atopen all day. Your committee would also retorney and Comptroller, with power. commend that the notes and accounts now in the hands of the Treasurer, for stall rents in the old addition, for 1855, amounting to $175 each, be reduced to $100 per year, providing the pay ments of said stalls be made in ten days from this date to the City Treasurer. Accepted and adopted. W. C. DUNCAN, city. To the Honorable the Common Council: Resolved, That H. C. Moors be, and is hereby, appointed Superintendent of Sewers for the current year, 1856, at a salary of three dollars per day while in discharge of such duties. Laid on table. Whereas, It is deemed expedient and advisa ble that the corporation avail itself of the privilege granted in the charter, of working on the public streets, lanes and alleys all convicts now in, or that may hereafter be confined in, the jail of Wayne county, to the end that our streets, lanes and alleys may be kept in good condition and repair, without becoming too serious a bur. den to our citizens and tax-payers; therefore, Resolved, That a committee of three be appointed to bring in an ordinance for the above purpose. Laid on the table as follows: Yeas-Doyle, Dyson, Gallagher, Lacroix, Marsh, Martin, Sheley and the Mayor-8. Nays-Cicott, Craig, Dudgeon, Duncan, Gibbings, Niles, Reaume-7. By Ald. Sheley, Resolved, That the City Auditor be and he is hereby directed to draw his warrant on the Treasurer in favor of Joseph Granger for two hundred and twelve dollars and fifty cents, being in full for all work done by him on sewers up to this date. Laid on table, under the rule. By Ald. Dyson, Resolved, That the side walks up Gratiot street from the corner of Randolph street to Russell street, be repaired forthwith, and that the Street Commissioner be requested to attend to them forthwith. Adopted, By Ald. Doyle, Resolved, That the Detroit Daily Tribune, Daily Advertiser, Catholic Vindicator and Michigan Democrat be requested to publish the Comptroller's annual report, at a cost not exceeding forty dollars each. Adopted. By Ald. Doyle, Resolved, That the Mayor appoint a commit. tee of three, (and the Mayor, who shall be chairman of said committee.) to confer with Governor Woodbridge, and ascertain on what terms the Woodbridge Grove, so called, can be procured for the purpose of a public park or pleas sure ground for the city. The Mayor appointed Aldermen Doyle, Sheley, and Dudgeon as such committee. By Ald. Doyle, Resolved, That the City Surveyor make an Resolved, That the Mayor appoint a commitestimate of the expense of the continuation of tee of three for the purpose of locating a suita the Orleans street sewer from its present termi-ble place for a city cemetery, and that they renus to the Gratiot road. Referred to Special Committee on Sewers. ceive proposals as they may deem expedient, and that they report to this Council at as early a day as possible. The Mayor appointed, as such committee, Aldermen Craig, Duncan, and Gallagher. By Ald. Doyle, Resolved, That the City Marshal and Clerk of the Market be instructed to pince a portion of the wagons exposing vegetables for sale, alongside the City Hall Market, so as to not ob struct the streets, so as to equalize the vegetable business, that it may be as fair for the Upper Market butchers as the Lower Market ones. Resolved, That the Cy Clerk be directed to Adopted. By Ald. Lacroix, Resolved, That a cross walk, six feet in width' be constructed across Beaubien street, on the north side of Fort street, forthwith. Referred to the Street Commissioner. By Ald. Gibbings, Resolved, That the Street Commissioner cause a walk, six feet wide, to be laid on the west side of Park street, from Michigan avenue to Grand River street. Also, a walk, six feet wide, on the east side of Griswold street, from Grand River to Clifford street. Referred to Street Commissioner. By Ald. Sheley, Resolved, That the appointment of Deputy Marshal, made at the special meeting of this Council on the 24th of last month, be, and is hereby, reconsidered. Carried. The Marshal nominated Levi Dings as Deputy Marshal. A motion to confirm was lost-yeas 7; nays 8. Ald. Craig moved to adjourn. Lost. The Marshal then nominated Charles Mellon as Assistant Marshal. Confirmed, as follows: Yeas-Ald. Cicott, Doyle, Dudgeon, Dyson, Gallagher, Lacroix, Martin, Niles, Reaume and the Mayor-10. Nays-Ald. Craig, Duncan, Gibbings, Marsh, Sheley-5. By Ald. Lacroix, Resolved, That Isaac Finehart be, and he is hereby, appointed Superintendent of Sewers; and that he be allowed three dollars per day for his services, commencing first of May next, and terminating at the pleasure of the Council Laid on the table. The Recorder took the chair. COMMON COUNCIL. TUESDAY, April 8, 1856. The Council was called to order by his Honor the Mayor. Present-The Recorder, Henry A. Morrow, and Aldermen Cicott, Craig, Doyle, Dudgeon, Duncan, Dyson, Gibbings, Lacroix, Marsh, Martin, Niles, Reaume, Sheley and Thompson. PETITIONS. Of M. L. Remmington, for license as baker.On motion of Ald. Doyle, referred to Committee on Licenses. Of Valentine Hilsendegen, to connect drain on Russell street. Of George Hager and others, for sewer from and hauling engine, $36. Of Wm. Henderson and Daniel Whipple, for sewer in Congress street, from Hastings to Rivard street. Referred to special Committee on Sewers. Of Committee of Engine Co. No. 4, for use of land corner of Wayne and Larned streets, and appropriation of $1,000 for engine house thereon. Referred to Committee on Fire Depart ment. Of G. O. Williams and others, for gas light on Woodbridge street, between Cass and First streets Granted. Of Fire Co. No. 8, for appropriation of $1,000 for building a new engine house. Referred to Committee on Fire Department. Of Mrs. E. F. Wood and others, for abatement of nuisances. Referred to Street Commis After the third informal vote a formal vote sioner. was taken with the following result: Of H. Hamany, for plank side-walk on east For Isaac Finehart-Ald. Doyle, Dudgeon, Dy-side of Riopelle street. Referred to Street Comson, Gallagher, Lacroix, Martin, Reaume and the Recorder-8. For H. C. Moors-Ald. Craig, Gibbings, Marsh, For A. J. Kinner-Ald. Cicott, Duncan-2. missioner, with power. Of Benj. Sparling and others, for side-walks on south side of Spencer street, and on each side of Lewis street, from Cass to Third street. Of B. S. Farnsworth, relative to porters and runners. Referred to City Attorney. On motion, Isaac Finehart was declared duly elected, his term of office to commence at the pleasure of the Committee on Sewers, the sal-mittee on Fire Department. ary to be fixed at $3 per day. The Council adjourned. Of M. P. Provost and others, for privilege to erect buildings in fire limits. Referred to Com. RICHARD STARKEY, City Clerk. Woodward Avenue Wharf. PATRICK MCGINNIS, City Marshal NOTICE TO TAX PAYERS. CITY CLERK'S OFFICE, THE WARD ASSESSORS OF of Detroit will meet at the Common Council room, in the City Hall of the City of Detroit, on Monday, the 7th day of April, A. D. 1856, and continue in session from 9 o'clock A. M. til 12 o'clock M., every day (except Sundas,) for two weeks, and organize as a Board of Assessors for the purpose of hearing complaints of any and all persons, against any assessments contained in the assessment rolls of the Assessors of said city for the year 1856, and making such corrections or alterations of the assessments, whether of real or personal property, as the majority of the Board shall deem proper; when and where any person considering himself aggrieved may lay the cause of such grievance before said Boa d of Assessors, either verbally or in writing. mar23-td RICHARD STARKEY, City Clerk. Of A. Ferguson and others, for removal of fences and trees on Woodward avenue to line of street. Referred to Committee on Streets. Of F. F. Parker and others, for extension of fire limits. Referred to Committee on Fire Department. Of Luke Nolan and others, against further pav. ing of Michigan avenue. Referred to Committee on Streets. Of C. J. Trombly, for widening of side walks on Beaubien street. Referred to Street Commissioner. Of Lewis E. Higby & Co., bonds to sell spirituous liquors as druggists. COMMUNICATIONS. POLICE COURT, April 8, 1856. The undersigned would respectfully ask that DETROIT, April 8, 1856. office of Alex. D. Fraser, who was appointed to fill the vacancy occasioned by the death of James A. Van Dyke, now expires, and they respectfully ask his reappointment. Very respect fully, E A. BRUSH, H. LEDYARD, S. CONANT, W. B. NOYES, Water Commissioners. Accepted, and Alex. D. Fraser reappointed. From B. F. H. Witherell and Levi Bishop, relative to suit between the Regents of the Univer sity and the Board of Education of the city of Detroit. Referred to the City Attorney and Recorder. To the Honorable the Common Council: I most respectfully report to your Honorable body that Mr. Jones, one of the City Scavengers, refuses to discharge his duty as direct, which causes me much blame from the citizens. I trust your Honorable body will appoint one who will execute the orders as given by me. P. MCGINNIS, City Marshal. Accepted, and the Marshal instructed to appoint another Scavenger. Of H. C Moors, relative to salary as Superintendent of Sewers. Referred to Committee on Ways and Means. BOARD OF EDUCATION, Detroit, April 3, 1856. From the Comptroller, the following accounts audited: Detroit Gas Light Company, gas con. sumed in street lamps. $1,086 67; gas consumed in City Hall and offices, $75 81; repairs of street lamps, &c., $87 70; E. McDonald, hydraulic fixtures for engine house No. 7, $10 63; Detroit Daily Times, publishing notices for Fire Department, $2 00; S. D. Elwood & Co., 300 "Sketches of the City of Detroit," $54 00; Thomas Smith, labor in City Hall Market, $19 50; Wm Wingert, repairs in Mayor's Office, 75c; Engine Company No. 8, care of hose, $48 00; John Hull, overpaid for market stall, $75 00; Wm. Jones, burying 300 dogs and cats, $39 50; A. Kalz, assisting City Surveyor, $26 00; St. Mary's Hospital, care of sick poor in March, $232.10; L. B. Willard, relief of 1,349 paupers in March, $890 10. Referred to Committee on Ways and Means, with power. From the same, accounts of Levi Bishop, A. W. Copland, and H. C. Moors, asking action by Council. Referred to Committee on Ways and Means. To the Hon. the Common Council of the City of Detroit: Section 6 of the act of 1855, amending the City Charter, provides as follows: "Sec. 6. No person shall be eligible to any office in said city, except the offices of Scavenger and Chimney Sweeper, unless he is able to read and write the English language; and if any such person, unable so to read and write, shall hereafter be appointed or elected to any office, it shall be the duty of the Common Council to declare said office vacant, and to appoint some competent citizen to fill and perform the duties of said office." It is scarcely necessary for me to say anything as to the necessity there was for such a provi On the 11th of March just past, the Committee on Sewers submitted a report upon the claim of Joseph Granger, for excavation and backfilling in building pools and pipes for various sewers built by him in 1855, and in which it is stated to be their opinion that the city is not legally liable for the payment of the same, but recommends that if Mr. Granger can furnish satisfactory evidence to the City Comptroller that, in estimating for the sewers, pools and pipes, he expected to get pay for the excavation on all the digging of every kind, and by satisfy. ing the Comptroller of this fact, he be directed to draw his warrant on the City Treasurer for the amount of $212 58, being in full for all pools and pipes built by him for the city." The only evidence Mr. Granger proposes to furnish is his own statement, which he is willing to verify by oath, that, in estimating for the sewers, pools and pipes, he expected to get pay for the excavation for all the digging and back-filling of the sewers and of the pools and pipes. But as it is to be presumed that the only satisfactory evidence which could be received by me would be such as would be required in a court of justice, I have felt it my duty to require this of Mr. Granger; but it is not in his power to furnish it, and, as a consequence, fails to satisfy me of the justice of his claim. Duty also prompts me in connection with this subject to respectfully call the attention of your Hon. body to one or two facts connected with this claim, which were undoubtedly overlooked by the committee, and which, I think, will show some insincerity on the part of Mr. Granger, if not an attempt to mislead the Council. On the 18th of September last, Mr. Granger made a proposition to the Council to finish that part of the Rivard street sewer contracted for by Ald. Martin, at the same prices mentioned in the contract with him, except for brick work, for which he demanded an increase of one dollar per rod upon Ald. Martin's contract; and on the motion of Ald Leroy, the Comptroller was instructed to contract with Joseph Granger to finish Rivard street sewer in accordance with his proposition. This was done and Mr. Granger finished the sewer. Under this contract Mr. Granger was paid for building pools and pipes $50 per set, including manholes Now Mr. Granger could, with the same propriety, claim for the excavation of the manholes as for the pools and pipes. They were all included in one bid and under it; if Mr. Granger's position is correct, the manholes would carry the excavation and back filling with them, regardless of the fact that the excavation for the manholes was done in the digging of the sewer. Yet he claims for the one and not the other. Again, Mr. Granger was fully aware that Mr. Martin did not claim that he was entitled to compensation, under his contract, for excavating and backfilling in the construction of pools and |
