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1880 July Council ProceedingsSpecial Session June 25, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath by the Recorder from Rev Pape et al asking the right to remove over the streets the old St Patrick Church building to the old fair grounds referred with power council adjourned to Friday at 2 p.m. Special Session July 2, 1880 Council met at half past 2 p.m. Present Mayor Bush, Aldermen Doerfler, Fengler, Herod, Jones, Kavanagh, Leckie, Linehan, O'Neill and Rath Absent Ald Altman On his arrival the mayor stated the object of the meeting to be to take action on the case of city marshal Duane and instructed the recorder to read the following. The charges preferred by Messers Ryder and Ryan being read and recorded at the previous session To Daniel D Duane City Marshal You are hereby notified that at a special session of the city council of the city of Dubuque held on the 25th of June A.D. 1880 certain charges were preferred against you for malfeasance in office and Friday the 2nd day of July 1880 at 2 o'clock p.m. fixed as the time and the council chamber of said city the place when and where a hearing and trial before said council will be had. You can appear and make your defense if any you have. J D Bush mayor of Dubuque June 26, 1880 Special Session July 2, 1880 Present Mayor Bush, Aldermen Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Absent Ald Altman The following was attached and also read The State of Iowa Dubuque County S S Served the within notice and complaint annexed upon Dan'l J Duane by reading the same to him and by giving him a copy of each of the same in the city of Dubuque this 26th day of June 1880 Leonard Buehler Acting Marshal of the City of Dubuque The city attorney said the next thing in order would be the hearing of testimony in the case Mr. D E Lyon Attorney for the defense introduced and had read the following For the matter of the mayor and council of the city of Dubuque on information filed by Ryder and Ryan against D J Duane city marshal in answer to the charges in said information contained appears and denies the same in manner and form and says that said charges are untrue. Wherefore he prays that they may be hence dismissesd and held for naught signed D J Duane by Fouke and Lyon his attorneys The city attorney called for the following as witnesses to be sworn and to testify Dennis Ryan Pat'k Ryder B D Linehan Jerry Sullivan Officer Spiegel who had each been subpoenaed by Dep Marshal Buekler Capt Ryder was the first to testify the substance of which testimony was that he was called upon by Mr. Sullivan to arrest marshal Duane on complaint of the latters wife for firing fire arms. Did not see him fire nor could not say he Special Session July 2, 1880 Present Mayor Bush, Aldermen Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Absent Ald Altman shot Mr. Linehan or he was under the influence of liquor and it was not his wish to sign to the charges preferred against the city marshal Capt Ryan corroborted the testimony of Capt Ryder and added he assisted to make the arrest of marshal Duane on being called upon by Capt Ryder Messrs Linehan and Sullivan not being present. Officer Spiegel took the witness stand and testified he saw the Marshal in the calaboose on the night of the 23rd of June and said he was drunk but did not see Peter Fay nor talk to him that evening. Peter Fay was called and said he talked with officer Spiegel who remarked to him tht D J Duane city marshal was in the calaboose but didn't know for what and that he (the marshal) was not drunk.The testimony was tehn closed. No argument ws made at its close by the defense or prosocution and the matter submitted for its disposal to the council and decision. The yeas and nays were called for on the question guilty or not guilty with the following result Yeas 3 Nays 7 The chair decided by the vote taken that the marshal was not guilty of the charges preferred against him. Ald O'Neill there upon moved that the mayor rescind his order suspending the marshal Adopted. Council adjourned. Reguar Session July 5, 1880 Council met at 9 o'clock a.m. No quorum present adjourned to Tuesday July 6 at same time Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Council met at 9 o'clock a.m. Petition of Rev Pape asking to purchase a plat of land in the old fair grounds referred Petition of F Roehl et al to have a stone crossing laid at the west end of Nineteenth Street referred Petition of Chris Lohrmann et al to abate a nuiance on lake street referred Petition of Maria Wolf to remit tax referred Petition of E Smedley et al to open Jackson Square referred Petition of Mary Kelly to cancel tax referred Petition of Tim Byron et al for a policeman on Jones and First streets referred Petition of W W Woodworth et al to remove obstuctions on Iowa Street between second and fourth streets referred Petition to cancel tx on estate of Frederick Light referred Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Petition of Frank and claim for inspecting coal oil referred Petition of f Mussehl et al refund paid on curbing of Windsor Ave referred Petition of D G Scott against improving James Street and also against improving Peabody avenue referred Petition of T F Harsch to rent a cellar in the market building for storing purposes referred Petition of A Y McDonald to improve White and Jackson streets on motion tabled Petition of Peter Klein et al to have a street opened from Broadway street through Gay, Charles and McCabe sreets referred Communication received from Street Commissioner Dowling directing attention to the condition of the Seventh Street Bridge and on motion was referred Claim of P J Hanlon repairing sidewalks and John Bell for same referred Petition of P J Milligan and others for a street along Grand View near Russell property referred Petition of Wm L Bradley and others for the improvement of Wilson Avenue to a northerly direction referred Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Petition of John Hedermen and others against laying a sidewalk on lots 18 19 and 20 in Kelly's subdivision on Eighth Street referred Petition of Fred Trilk et al to abate a nuisance on White between sixth and seventh referred Petition of G Schollian et al for a policeman on Southern Avenue referred Clailm of Mrs. John Mulligan liquor license refund referred Petition of F Freitsche and others requesting the council to examine the work recently done on White and Jackson Streets by Martin and Strane referred Petition of G W Sacket to exempt his team from a license referred Petition of John Butler for recompense of loss sustained by the recent high water referred Petition of Jacob Buselink, Richard Bennett, C Schmidt, Mrs F Zeller, john Hohman to reduce correct and cancel their taxes referred Street Commissioner Dowlings amount expended on street Laborers Teams Masons Expressing Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Carpenters Stone Crossings Sand Etc. received filed and amounts ordered paid Recorder Kane reported Sunday Licenses issued received and filed Marshal Duane reported amounts due the regular police force including special police at races fees paid into treasury received filed and ordered paid Auditor Brandt reported the salaries due the several city officers and the salaried members of the fire department received filed and ordered paid market Master Gmekle reported weighed Market scales rent of the huckster sands sum due him for boarding prisoners received filed and expenses ordered paid Frank Fosselman reported fifth ward scales received and filed Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Police Justice Jennings reported received and filed Chas Petschner reported west dubuque scales received and filed Lamplighter O'Halloran reported received and filed City Engineer reported a profile of grade of Iowa Street also a plat of street deeded to the city by Yates and McGraney referred Bill of M Blake received and filed and ordered paid City marshal reported claim of market master for bording prisoner received filed and ordered paid adjourned to 2 o'clock p.m. Afternoon session July 6, 1880 at 2 p.m. Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanagh, Leckie, Linehan, O'Neill and Rath Recorder was allowed to read a petition from Hansen and linehan and others asking to have the levee repaired on account of being damaged by high water. request was granted Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Same also read a communication from City Treasurer Gehrig which stated he had examined the delinquent tax book made from the tax lists for the yeras 1874 to 1879 special taxes requested to have some competent person appointed to collect delinquent taxes approved nad adopted Wm Dyer was allowed to address the council with his plans presented for laying out walks in Jackson Park. On motion of Ald Linehan the one which was marked by the letter 'a' was adopted. and his proposition for doing the said work was referred Teh ordinance committee reported on the petition of J Huber et al to rid the city of all pigeons, recommending that the marshal be instructed to enforce the ordinance report adopted The same presented an ordinance entitled an ordinance regulating subdivisiond and additions to the city of Dubuque which was read and the first time when rule 29 was suspended Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath ordinance read a second time and passed Also an ordinance entitled an ordinance providing for a board of health which was read the first time when Rule 29 was suspended by a full vote of the council and the ordinance was read a second time and passed the committee on claims reported Byrne Bros report adopted On the petition of Margaret Jordan report adopted Claim of J and T Reddan refunded liquor license report adopted Claim of Chas Klingenberg liquor license reported adopted Claim of Mrs M Lucas liquor license report adopted Petition of Casper Steif saloon license reported adopted Petition of Johanna Luhinna report adopted Petition of John Parker Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath be received and filed report adopted Petition of John Daniels reported in favor of grading the alley on 16th and 17th between Washington and Jackson Street and macadamizing the same report adopted Petition of W E Wellomgtpm et al grading macadamizing and guttering west side of Madison on Seminary Street to the east side of Iowa Street and that they city engineer be instructed to find out the balance of the cost in grading said street to 11th report adopted Petition of Rev P J McGrath et al that action had already been taken in regard to the improving of Fourteenth street and to have same received and filed report adopted Petition of Tim Byron et al that the prayer for a sidewalk on Jones Street be granted so far as the north side is concerned report adopted Also on the petition of A Heeb et al that the city engineer be instructed to prepare a profile of grade of Main Street Extenion from Seminary Stret to Eagle Point Avenue and to present the same to the council at next session report adopted Petition of Geo Crane et al that the street as prayed for be granted whenever a bond is filed for the condemnation and purchase of ground through which the road runs in Gates Subdivision Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Petition of Vantine Luck that it be received and filed report adopted Petition of Albert Leicht report approved Petition of R O Anderson that the street as prayed for be opened as soon as right of way is furnished report adopted Petition of J N Foy street be opened as soon as right of way is given city report adopted Petition of Jos Roy et al remonstrating against improving Wilson Avenue that it not be granted report adopted Petition of Henry Riker et al that as soon as the right of way is obtained and the location of street is agreed to by the city engineer and street commissioner such action will be recommended as is customary for the opening of the stret report adopted Petition of John Degman report adopted Petition of B Bradford et al to prepare a plan and profile of college avenue report adopted Petition of John Quail locate alley and st put it in passable condition report adopted Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Also on petition of W J Cantillon et al that the city engineer prepare a profile of grade of Roberts avenue report adopted Petition Herman Bussman et al that the petition be laid on the table report adopted Petition of E Mobley that he be allowed $15.00 in settlement of all claim report adopted Also on the petition of Thos. Haim that it be referred to the City Engineer to give true grade Report adopted Market sidewalk resolution of Ald Rath that a sidewalk be laid on Iowa Street in front of the Market House report adopted Prairie and Walnut Sidewalkl Resolution of sidewalk on Eleventh between Prairie and Walnut street that the same be rescinded as the sidewalk was laid already report adopted Wilson Ave rescinced Ald Herod moved to reconsider and rescind the resolution offered at the June session to improve Wilson Avenue Adopted Committe on Markets reported in favor of investing $27 in purchasing scales from the Healey Bros for the Central Market report adopted The committee on public grounds and buildings reported in favor of receiving and filing the petition of J P Farley Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Farley et al report adopted Herald The committee on printing reported on the claim of the herald that 21.50 be allowed as payment in full for June report adopted Times Co Claim of Times Co that 27.00 as claimed for June be allowed report adopted Claim of the Post for 43.75 that it be paid report adopted The Commission on Fire reported on the communication of Frank Morgan on inventory of goods of the Fire Department that it be filed report adopted Petition of Frank Nowhin that his salary be increased to 12.50 per month from the first of July 1880 report adopted Also that the salary of Frank Strinsky be increased the same way report adopted Also on the petition of salaried members of the fire department that their salaries be placed at what they were before the reduction of 15 percent report adopted The commission on police reported on the petition of D Hoffman for pay as acting marshal that it be received and filed report adopted On the petition of Alois Tschirgi that the same be received and filed and the city marshal Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath be instructed to collect the saloon license at once report adopted Petition of Geo Koch that the license be collected at once report adopted Petition of M Blumenauer that the license be collected at once report adopted Petition for a lamp at Union and Hosford Street that the same be granted report adopted P J Hanlon adverse to the petition of the west dubuque policeman for an increase in salary report adopted The Claim of Justice Coakley for 3.00 be paid report adopted Mrs. John Sage be granted an hotel runner free from license during the pleasure of the council report adopted the claims of the key city gas co of $502.30 in may and $504.70 in june be allowed report adopted 33.50 be allowed A Hubert as payment in full and revolver be charged to the city marshal report adopted claim of the northwestern globe gas light co of 26.25 be paid report adopted Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath committee on delinquent tax reported in favor of remitting tax of Mrs. J B Smith for 1879 report adopted cancel tax of Thos Quinlon on saloon fixtures report adopted adverse to the petitionso f Bridget Roach Mrs. P O'Neill and J N Noel reports adopted Also that the city auditor be instructed to redeem lot 41 owned by Mrs A Kaufmann sold to Mr. Hantrager and the order be drawn in her favor of $32.10 to cover the amount report adopted Also that the assessment of J W Parker and Co be reduced to $200.00 provided the same be paid within fifteen days report adopted Also in favor of remitting tax of Bridget Burke and Sarah Brunskill report adopted Adl Linehan from the special committee to whom was referred the petition of Peter Schrafl asking to have a street opened reported adversely thereon report adopted Ald Fengler presented a resolution to the effect that whenever the building and loan assn deed ground enough to straighten Sanford street an order for $400.00 in their favor be drawn to comm on streets Ald Linehan presented a resolution that the finance com be instructed to borrow six thousand dollars $6000.00 adopted Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Ald Kavanaugh reported the following which was adopted: your committee would state that a contract has been made with Wm Rebman for improving Jackson Park, agreeing to have furnished 200 cubic yards of four inch rock, 175 yards of two inch and fifty yards of top dressing on condition of the city's withdrawing all claims against him on the neumeister case. said rock to be furnished on or before August 15 1880 Ald Leckie presented the following which was adopted Reolved That a gas lamp be placed on Eleventh Street Hill near the residence of John Bell under the direction of the Com on Police and Gas Ald Rath introduced a resolution to abate nuisance caused by water standing on lot 194 East Dubuque owned by Mrs. mary Schwab Adopted and Marshal to abate Ald Fengler presented a resolution to appoint a health officer referred to health board Ald herod prsented a resolution to increase street commissioner Dowling's salary $10.00 per month over and above his present salary, the same to be allowed from the 1st day of April an continue as long as a horse is needed to do his work and the recorder draw an order for the same adopted The same submitted the following which was adopted by a full vote of teh council resolved that the alley from 16th to 17th street between jackson and washington streets be graded and macadamized in conformity with the ordinance upon that subject that Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath the city engineer be and he is hereby instructed to make the necessary plans and specifications for said improvement and the city recorder directed to give the proper notice for bids and proposals for the performance of the work The guttering and macadamizing to be done at the expense of teh owners of the abutting property The same presented the following which was adopted resolved by the city council of Dubuque that to p ay for curbing guttering and macadmizing 14th street from jackson to washington street by Martin and Strane contractors in front of and adjoining the same as special tax be and is hereby levied on the several lots and parts of lots and parcels of real estate hereinafter named situated and owned and for the several amounts set opposite each lot or parcel of real estate as follows: owners Name Description of Lot Amount tax Mrs. B Roach w 1/2 51 East Dubuque 57.36 Michael McMahon e 1/2 51 East Dubuque 35.27 C G Wulwebers Est 52 East Dubuque 25.36 Margaret Jordan 71 East Dubuque 24.75 Assessment Js Platz 72 East Dubuque 69.20 The same aldermen reported in favor of the adoption of the following: resolved that eleventh street between washington and jackson streets be graded guttered curbed and macadamized in conformity with the ordinance upon that subject. That the city engineer be and Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath he is hereby instructed to make the necessary plans and specifications for said improvements and the city recorder directed to give the proper notice for bids and proposals for the performance of the work, the guttering, curbing and macadamizing to be done at the expense of the owners of the abutting property. The resolution was adopted by a full vote of the council The same alderman reported on the following recommending its adoption resolved that clay street extension between second and third streets be graded, guttered, curbed and macadamized in conformity with the ordinance upon that subject that the city engineer be and he is hereby directed to make the necessary plans and specifications for said improvement and he city recorder directed to give the proper notice for the proper notice for bids and proposals for the performance of the work. the guttering curbing and macadmizing to be done at the expense of the owners of the abutting property adopted by a full vote of the council Same reported in favor of the following: That the committee on public grounds and buildings be insructed to have a sidewalk twelve feet or more in width of good hard brick laid in front of the market house on Iowa street adopted by a full vote of the council that the work be done under the direction of the street committee Same reported in favor of the following which was adopted by a full vote of the council resolved that a sidewalk twelve feet wide of good no 1 two inch plank be within twenty days of this notice constructed and laid in conformity with the ordinance in relation to the sidewalks on the north side of Jones Street Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath between Jones and Main Street Same presented the following which was adopted by a full vote resolved that seminary street between the west side of Madison Street and the East Side of Iowa Street be graded guttered and macadamized in conformity with the ordinance upon that subject. That the City Engineer be and he is hereby directed to make the necessary plans and specificiations for said improvement and the city recorder directed to give the proper notice for bids and proposals for the performance to be done at the expense of the owners of the abutting property. Same also presented the following which was adopted by a full vote resolved that Wilson Avenue between fifth street and a point opposite west Eighth street opposite the following lots: 2 3 4 5 6 7 8 9 10 22 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 and 31 of Wilson's subdivision and mineral lot 78 be graded guttered and macadamized in conformity with the ordinance upon that subject. That the city engineer be and he is hereby directed to make the necessary plans and specifications for said improvement and the city recorder directed to give the proper notice for bids and proposals for the performance of the work the guttering curbing and macadamizing to be done at the epense of the owners of the abutting property. Also the following which was adopted by a full vote resolved that the blue line as shown by the profile of the city engineer of Iowa street from Seminary street to the north line of L H Langworthy's subdivision be and is hereby declared the official grade of said street. Ald Doerfler offered the following: Resolved that the water district for the year 1880 remain the same as it was last year, according Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath according to the map upon that subject adopted by a full vote of the council Ald Kavanaugh prescribed the following which was adopted by a full vote of the council: resolved that the city engineer be instructed to prepare and establish the best possible grade for a road from the cascade crossing on the delhi road to teh top of the hill to connect withe the rokdale road in order that the board of supervisors may improve the same Mayor Bush announced the following as the committee for equalizing the city assessment for 1880 to wit: Alds Herod, Kavanaugh, Linehan, Rath and Doerfler the following claims were read and ordered D A Gehrig John Bale Henion G Kirmse M McMahon et al D W Linehan Chas McMaster Geo W Burden Poole Gilliam and Co T F Koepfli F H Finke Dubuque Co Bank John Pals Jas G Carney Do Do Mrs E M Ogilby T E Frith John Corbit Morrison Bros M Corbit Martin and Strane Do Do Dubuque Nat'n Dem F Mertz Junkermann and Haas John Maclay Dubuque Water Co Mrs P McMahon C McElrath Key City Hook and Ladder Co Wm Clair Key City GAs Light Co J and A Christman Sol Truck Hose Co J K Graves Host Co Fifth Ward Hose Co Harvey and O'Connor N H Thedinga P Olinger M Downey John Ganahl Peter Klauer Martin Kane Dubuque Telephone Exle Healey Bros John Bell John P Quigley Morrison Bros Regular Session July 6, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath The claims of T O Sullivan and H Lembeck for $450 each were referred to the Committee on Equalization The claim of P J Hanlon for $2.40 was on motion referred to the committee on streets The claim of John Bell for $19.12 was referred to the same committee twelfth eighth fifth streets on motion the bids for street work were opened and read and referred to the street committee and city engineer to report immediately recess for twenty minutes Upon the reconvening of the council the above committee reported as follows James N Foy to be the lowest bidder for the work on fifth stree F J Donohue for the work on Eighth street and Wm Rebman for the work on Twelfth street the report was approved and the contracts for said work awarded accordingly On motion the proposals for furnishing lime for disinfecting purposes were opened and the amount needed equally divided between Ald Geo Fengler and John M Linehan the council then adjourned Attest martin Kane City Recorder Special Session July 7, 1880 Present Mayor Bush, Aldermen Altman, Doerfler, Fengler, Herod, Jones, Kavanaugh, Leckie, Linehan, O'Neill and Rath Council met at 7 1/2 p.m. All present Attention was called to a slight mistake having been made in awarding the contract on Eighth Street at the regular session July 6 1880. Mr. Wm Rebman being lower than Mr. T J Donohue the gentleman to whom the contract had been awarded On motion of Ald Herod the same was reconsidered and awarded to Mr. Wm Rebman adjourned attest martin Kane City Recorder committee of the whole July 12 80 the recorder read the petition of Rev Pape asking to purchase a plat of land in the old Sanford Fair Grounds It was moved that it be referred to the committee on finance and city attorney adopted adjourned attest martin Kane City Recorder