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1882 January Council RecordsRegular Session January 2, 1882 City council met at 9 oclock a.m. roll called by the city recorder no quorum being present adjourned to meet Tuesday January 3rd 1882 at 9 am Attest Martin Kane city recorder Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The minutes of the December sessions were read and approved Ald Crawford moved that all pretitions asking for a reduction of assessment be read by the name of the petitioners and referred to the committee of the whole carried the petition of H C Pierce asking to b egiven an order for work rendered the city was referred to the committee on claims with power the petition of P B Martin to reduce his assessment on the east one half of the north 75 feet and the north one half of the south 70 feet of lot 12 kelly's addition for the year 1881 from $1400 to $1000 was referred to the committee of the whole the petition of Mrs Susan Murphy to remit her tax for the year 1881 on city lot 188 was referred to the committee on Delinquent tax The petition of Andrew Murphy for more damages on account of the opening of Grand View Avenue was referred to the committee on streets The petition of H S Hetherington to pay $65.00 to men employed at the fair was referred to the committee on claims Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the petition of G R West for a sidewalk to be laid on both sides of teh street from villa Street to south Dodge Street was referred to the committee on streets The petition of G R West for a sidewalk to be laid on the west side of pear Street from Grand View Avenue to the Sunday School Chapel in Union Addition was referred to the same committee the petition of mrs J J E Norman to cancel her tax on her homestead for the year 1875 was referred to the committee on delinquent tax The petition of the Iowa Iron Works Co to cause a hydrant to be removed at the southeast dor of their shop was referred to the committee on fire The petition of the Novelty Iron Works Comp to fill to grade Truth Street below Washington Street was referred to the committee on streets The petition of Sarah Devine to cancel both her regular and her special tax was referred to the committee on delinquent tax the petition of John Scharf to cancel his tax for the year 1881 was referred to the same committee The petition of Margaret Donohue to cancel her special tax for the year 1881 on bluff Street improvement was referred to the same committee Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The petition of John D Bush to refund the sum of $2000 paid into the city treasury on a compromise of a judgement rendered against the city on account of H Nightingale for $4000 for the accidental breaking of a limb was referred to the committee of the whole Mrs M J Sullivan petitioned for permission to pay special tax in installments on city lot No 127. Ald Clancy moved that she be given to the first day of January AD 1881 to pay the same with interest at the rate of 6% per annum Adopted The petition of Mrs. M Heeb to cancel her tax for the year 1881 ws referred to the committe on Delinquent tax the petition of John Mueller guardian to cancel the tax for the year 1881 on the east one half of lot 35 L H Langworthy's addition was referred to the same committee the petition of Gen Geo W Jones to receive $20 on each of lots 4 and 5 of Quigley subdivision of out lot No 710 as full payment for regular and special taxes was referred to the committee of the whole the petition of Frank Paner to cancel the tax of the year 1881 was referred to the committee of the whole the petition of Mary Pollock to reduce the taxes on lot 29 Nairn's Addition was referred to the same committee Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The petition of mary J Colligan to remit her taxes for the year 1881 on part of mineral lot 227a was referred to the committee on delinquent tax the petition of Richard Bennett to reduce his assessment for the year 1881 to $3000 and to refund $550 for the over-assessment of 1880 was referred to the committee of the whole The petition of C Voss to reduce his assessment for the year 1881 was referred to the same committee The petition of Wenzierl Mickisch to cancel his assessment on moneys and credits for 1881 was referred to the same committee W C Parsons and others petitioned the city council for a sidewalk on both sides of Rose Street from Walnut to Race Street was referred to teh committee on streets to report upon at the afternoon session the petition of mrs C C Sprague to cancel her tax for the year 1881 on her homestead was referred to the committee on delinquent tax The petition of Edwin Court to reduce his assessment for the year 1881 was referred to the committee of the whole the petition of Mrs E Linehan to cancel her tax for the year 1881 on mineral lot No 182 was referred to the delinquent tax com Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the petition of mary Mussehl to cancel her tax for the year 1881 on lot no 46 Dribblebies Addition was referred to the committee on Delinquent Tax Bridget Cunningham petitioned to extend time to pay her special tax for the improvement of Bluff Street Ald Clancy moved that she be given to the first day of January AD 1883 with interest at the rate of 6% per annum adopted the following was presented Dubuque January 3 1882 to the city council of Dubuque Gentlement The amount of the defalcation of Dan Riordan late city treasurer is about $2000 and we occupy the position as sureties on his official a place we never would have taken but for the fact that at the expiration of each official term next before our becoming surety for him the committee appointed by the council to make of his business for that year reported that he had accounted for all money that had come into his hands so that the council will see that we are not above to blame the principla amount for which there was a default was the several sums paid to the treasurer by the late judge D S Wilson who omitted to take receipt for the payments made and make reports of the same to the city auditor as required by the ordinances of the city which if it had been done would have shown on the auditor's Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Proposition to settle the defalcation of Dan Riordan books the first default but although the books of the auditor did not show these payments the books of the treasurer did and the committee could have readily ascertained the fact if the proper investigation had been made so we do not think we are properly chargeable with the loss occassioned by their ommission to do so Mrs. Wilson widow of the late Judge Wilson has already paid to the city $500 of this deficienty in order to avoid further litigation in regard to this matter and the relative of Dan Riordan in hopes of relieving him from criminal prosecution propose to raise and pay the sum of $500 on the amount he now owes the city and considering how largely the actions of the council committee has contributed to bring about the existing state of affairs we think the city should be willing to bear her full share of the blame and loss and if this be so then we are willing to pay the further sum of $500 in cancellation of our undertakings as sureties although we do not consider that we are legally liable for such default for we are not anxious to litigate with the city but prefer on amicable adjustment of the matter more particularly as Mr. Riordan has a large family of children on whom must fall such punishment as may be imposed on him under criminal prosecution. we therefore ask the appointment of a committee with power to arrange a settlement on the basis above indicated R W Stewart and E McCeney for the bondsmen referred to the committee of the whole and the city attorney to report upon Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Copy of notice on Wiegel alley condemnation the following is a copy of the city recorder's notice relative to the opening of the Weigel alley to wit city Recorder's Office Dubuque December 12 1881 To W E Harriman City Marshal Dear Sir You are hereby commanded in pursuance of an order of the city council of the city of Dubuque dated December 5th 1881 to summon twelve freeholders citizens of said city good and lawful men not directly interested to appear at the city hall in said city on the 19th day of December AD 1881 at 9 oclock am and cause the same or if any of the same are objected to and if the objections are sustained then in their places to be chosen to be first duly sworn by some officer authorized to administer oaths and to estimate and assess the damages if any sustained by and accruing to the following named property holder or person interested to wit Ella M Weigel in consequence of the opening of an alley 20 feet wide along the east side of out lot 687 in accordance with that plat prepared by M Tschirgi jr City Engineer And you are also commanded to notify Miss Ella M Weigel of the time and place when and where and for what purpose the jury so summoned as aforesaid will appear and of your doing under this writ you will make full returns to the city council of the city of Dubuque together with the verdict of said jury to the city council at the next regular session of the city council witness my hand and Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley report of the city marshal on weigel alley the seal of the city of Dubuque Iowa this 12th day of December AD 1881 Martin Kane City Recorder State of Iowa Dubuque County In compliance with the within wit I notified the person within named in the manner stated in my return in the notice herewith returned that on the 19th day of December 1881 a jury for that purpose would be summoned and in attendance a the city hall in said city to assess the damages which said person might sustain by reason of the laying out and opening of an alley 20 feet wide on the east side of out lot 687 by the city of Dubuque and I also summoned said jury to be and appear at that time and place for the purpose aforesaid. I further return that on that day and at said place I empanelled a jury consisting of the following named pesons for the purpose aforesaid viz F E Deggendorf Arthur McCann W K DeLorimier E A Frenzel J G Person C H Berg R Morrill John H Carroll John Bale John Rueganer timothy Dillon and Reeder Langworthy and caused them to be sworn in the manner required by law and conducted them over the premises on which said alley is laid and did procure them to make an assessment of the damages which the said Ella M Weigel might sustain by reason of the opening of said alley on the east side of out lot No 687 and said assessment by said jury is hereby returned in an envelope sealed up Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley in the condition it then was handed to me by said jury Dubuque December 19th 1881 W E Harriman City Marshal notice to property owners of Summoning of jury to Miss Ella M Weigel You will take notice that on Monday the 19th of December 1881 at nine oclock am at the office of the city marshal at the city hall in the city of Dubuque Iowa a jury wil be summoned drawn and empanelled to assess the damage if any occasioned by the opening and establishment of an alley through and over certain real estate owned by you said alley known as an alley 20 feet wide alone the east side of out lot No 687 where and where as aforesaid you can exercise such righs and privleges in the premises as are given you by ordinance W E Harriman City Marshal return of jury to the hon Mayor and city council of Dubuque Gentlemen We the undersigned jurors duly sworn and empanelled to access the damages if any occassioned by the opening of an alley 20 feet wide along the east side of out lot no 687 in the city of Dubuque Iowa hereby return such assessment as follows to wit E Weigel Lots 4 and out lot 687 $075.00 signed this 19th day of December 1881 John Rueganer J H Carroll Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Weigel Alley jury return made F E Deggendorf Rachel Morrill J G Peterson Reeder Langworthy E A Frenzel John Bale A McCann W K deLorimier Timothy Dillon State of Iowa Dubuque County I thereby certify and return that on the 14th day of December 1881 I personally served the above named notice on the person within named Ella M Weigel by giving to her a copy thereof All done at the city of Dubuque W E Harriman City Marshal report of the city Marshal on the days served by the jury Dubuque December 19 1881 to the Hon Mayor and city council of Dubuque Iowa Gentlemen I would respectfully report the following names of persons who have served as jurors on the assessment of damages on the alley case on out lot No 687 and the number of days which each are entitled to F E Deggendorf 1 day W K deLorimier 1 Arthur McCann 1 E A Frenzel 1 J G Peterson 1 C H Berg 1 R Morrill 1 John H Carroll 1 John Bale 1 John Rueganer 1 Timothy Dillon 1 Reeder Langworthy 1 respectfully submitted W E Harriman City marshal Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the reports of the jury and the city marshal were on motion adopted and orders ordered to be drawn for the sum of $2 a day for each of the foregoing jury men who served on the assessment of the said alley The following was read Dubuque, Iowa December 31, 1881 Hon City Council City of Dubuque Gentlemen As I am required by law to commence my duties as city assessor on the third mondy of January 1881 I hereby tender to your body my resignation of the office of Market Master to take effect on the first day of February AD 1881 Respectfully submitted G Gmehle On motion of Ald Kavanaugh the resignation was accepted The key city furniture company petitioned the city council for a reduction of penalty of $3000 and on motion of Ald Herod the same was granted The petition of Waller and Eighmey for an opera house license was referred to the committee of the whole the petition of J H Morgan to pay a balance of $113.77 for work done on Seminary Street was referred to the same committee The petition of City Engineer Tschirgi Jr for $200.00 additional pay was also referred to the same committee Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the city auditor reported the sum of $176.70 as the amount necessary to pay the city officials for the month of December 1881 Report received and filed and the several amounts ordered paid the street commisioner reported the sum of $1253.85 as the amount due the street employees for the month of December 1881 Referred to the committee on streets to examine and report upon at the afternoon session The petition of Florence McCarthy to cancel her tax for the year 1881 was referred to the committee on delinquent tax The petition of Margaret Tracy to cancel her tax for the year 1881 was referred to the same committee The city recorder reported issuing licenses during the month to the amount of $175 received and filed The city marshal reported $1050.00 as the amount due the regular and special police for the month of December 1881. Also that 52 arrests had been made and returning $2.00 to the city treasury as justice fees Received and filed and the different amounts ordered paid The lamp lighter reported having lighted 188 gas lamps during the month of December received and filed Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley N H Schilling reported that he had weighed 4271 hogs 337 carcasses of beef and 29 beals on the different city scales during the past month total receipts $248.70. The receipt of the treasurer attached for $37.30 being 15 percent due the city Received and filed N C Ryan reported having weighed 134 drafts on the first ward scales during the month of December. Total receipts $20. the receipt of the treasurer was attached for $3. that amount being 15 percent of the receipts report received and filed F Fosselman reported having weighed 140 drafts on the fifth ward scales during the month of December The amount of the receipts $21.00. The receipt of the treasurer attached for $3.15. That amount being 15 percent of the receipts Report received and filed Chas Pitschner reported having weighed 185 drafts on the west dubuque scales during the month of December AD 1881 Gross receipts $26.25 The receipt of the treasurer attached for $3.95 being 15 percent due the city Report received and filed The market master reported that he had weighed 207 drafts on the city scales during the month of December The receipt of the treasurer attached for $31.05 due for board $21.60 received and filed and ordered paid Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Justice Duffy reported the number of cases tried by him during the month of December 1881. The receipt of the treasurer attached for $7.00 due to the justice $2.75 report received and filed and claim ordered paid The wood measurer reported having measured 1055 cords of wood during the month of December and receiving therefore $42.20 report received and filed The city Engineer reported the cost for the construction of the Eighth Street sewer from Washington to Main to be $3700.00 Referred to the street committee City assessor G Gmehle presented his official bond for the year 1882 referred to Finance Committee and the Mayor The following was also presented Dubuque Iowa January 2 1882 Hon City Council City of Dubuque Gentlemen I respectfully state to your honorable body that I have this day appointed T O'Sullivan as my assistant in making the city assessment for the year 1882 Trusting the appointment will meet your approval I remain your obedient servant Gottfried Gmehle City Assessor The same was approved by the following vote yeas Ald Altman Clancy Crawford Herod Kavanaugh and Rath Nays Ald Doerfler and Jones Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The committee on claims reported on the petition of Mary Gilmore recommending that her claim of $18.75 be ordered paid report adopted The same committee reported on the claims of the attorneys employed to give their opinions on the motion question recommending that Messrs Fred O'Donnell Ed McCeney and D E Lyon be paid the sum of $50.00 each for the services rendered Report adopted and the amount ordered to be paid provided a receipt in full be given The committee on streets reported having found the report of the street commissioner correct and recommended the adoption of the same and that orders be drawn for the several amounts report adopted The same committee reported on the petition of W C Parsons and others for a sidewalk four feet wide to be laid from Walnut to Race Streets on both sides recommending that the same be granted report adopted The same committee reported on the petition of Chas B Keesecker and others recommending that the prayer of the petitioners be granted provided they deed to the city free of charge a water way wherever the committee on streets and city engineer may locate the same report adopted The same committee made the following report on the petition of W C Parsons and others to the City Council Your committee on streets to which was referred the petition of W C parsons and others for a sidewalk on the south side of eleventh street from Walnut to Race Street and for crossings over Eleventh Street at the corner of Race Street respectfully recommend that a sidewalk four feet wide be laid as prayed for as soon as the weather and ground will permit Also that the street commissiner be instructed to put a suitable crossing of broken rock or quarry stuff at the intersection of Eleventh and Race Streets across Eleventh Street Report adopted The same committee reported in favor of paying the bill of J S Randall of $301.90 for lumber report adopted The same committee reported on the petition of Geo W Jones relative to the improvement of Cox Street asking for more time granted The same committee reported on the petition of H McCann recommending that the same be referred to the city engineer to report whether the old curbing was equal to that called for by the specifications and whether it was necessary to take up the gutter report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the same committee reported on petition of Edward Spahn recommending that the same be received and filed as they had no jurisdiction in the matter report adopted The same committee on the petition of J D bush that no immediate improvement was intended on West Fourteenth Street report adopted The same committee reported on the petition of R Cox in favor of not paying the contractors in full until the grading on Fourteenth Street shall be completed but recommend that petitioner pay the special assessment as assessed as that part of the contract had been complied with report adopted The same committee reported on the petition of the Dubuque Steam Supply Company recommending that the prayer be granted provided however that the drive way petitioned for conform to the grade on the sidewalk report adopted The same committee reported on the petition of R Bonson recommending that the same be received and filed report adopted The same committee reported on the petition of J E simpson et al that the same be referred to the City Engineer report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The same committee reported on the petition of J P Farley et al recommending that the prayer of the petitioner be granted and that the street commissioner be and is hereby instructed to lay the crossing petitioned for report adopted The same committee reported on the bill of Vogel and Ferguson for $8.00 asking extension of more time report adopted The same committee asked for further time on the bill of C W Robison of $161.12 granted The special committee reported on the petition in behalf of Francis Guerin presented by L D Randall and Co asking extension of further time granted The committee on Public Grounds and Buildings reported on the bill of Dr. Asa Horr of 4118.13 recommending that the same be paid report adopted The same committee asked for the extension of further time on the resolution of Ald Crawford in reference to the donation of the mourning of the council chamber to the home for the friendless granted The committee on Police reported that no delegate was recommended Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley to be sent to the police convention held at Chicago. Themayor stated that John Kintzinger Captain of the Police desiring to represent Dubuque without any cost to the city had been recommended as a delegate to said convention and had gone to Chicago as such delegate. On motion the action of Mayor Linehan was endorsed The committee on streets made the following report on the resolution of Ald Kavanaugh on Dodge Street sewer Your committee report in favor of advertising 450 feet of the sewer and to let the contract for the same The report was adopted The committee on delinquent tax reported on the petition of mark Sullivan recommending that the prayer of the petitioner be granted as the sale had been found to have been erroneous the property being double assessed report adopted The same committee reported on the petition of C Consur recommending that the prayer of the petitioner be granted and his tax for the year 1881 cancelled on the ground of poverty report adopted the same committee reported in favor of cancelling the tax of Eliza Beth Tuegel for 1881 report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the same committee reported in favor of adopting the resolution of Ald Crawford to cancel the tax of mrs. S F Osborne for the year 1881 Report adopted The same committee reported on the petition of John H Kirkley recommending that his tax for the year 1881 be cancelled on the ground of poverty report adopted The same committee reported on the petition of Mary Siege recommending that her tax for the year 1881 be cancelled on the ground of poverty report adopted The same committee reported adversely on the petition of George Goeller Guardian in behalf of Alex V Eschen and recommended that the same be received and filed Report adopted The same committee reported on the petition of Malissa Eggleston recommending that her tax for the year 1881 be cancelled on the ground of poverty report adopted The same committee reported adversely on the petition of Elizabeth Schroman and recommended that the same be received and filed report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The same committee reported on the petition of John Wiegand recommending that the prayer of the petitioner be granted as they find that the special assessment against lot 154a L H Langworthy's Addition was erroneous and the sale for specail tax illegal. report adopted The same committee reported on the petition of Mrs Henry Krueger recommending that her tax for the year 1881 be cancelled on the ground of poverty report adopted The same committee reported on the petition of J M Lillig guardian of heirs of John Buehler recommending that the tax for the year 1881 be cancelled on Mineral Lot 314 report adopted The same committee reported on the petition of Mat Schlegel recommending that his tax for the year 1881 be cancelled report adopted the same committee reported on the petition of Alex Katherine recommending that the city treasurer be and is hereby instructed to receive one half of petitioners taxes as payment in full for the same report adopted the same committee reported in favor of cancelling the tax of Sophie Prange for the year 1881 report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The same committee reported on the petition of patrick smith recommending that the city treasurer be and is hereby instructed to receive one half of his taxes as payment in full for the year 1881 report adopted The same committee reported on the petition of Margaret Glennan adverse to the same and recommended that the petition be received and filed report adopted The same committee reported on the petition of P A Ruley recommending that the prayer of the petitioner be granted and that the city treasurer be and is hereby instructed to cancel the tax for improvements on petitioners assessment Report adopted The same committee reported on the petition of Mary Hogan recommending that the city treasurer be and is hereby instructed to receive from petitioner one half of the amount of her taxes as payment in full for the same for the year 1881 report adopted The same committee reported on the petition of Margaret Kuntzmann recommending that her tax for the year 1881 be cancelled report adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the following report was made by the special committee in regard to officer moore to wit To the city council of the City of Dubuque Your committee appointed to investigate the charges preferred against Policeman E Moore of having entered the recorder's office without the permission of his superior officer report that the committee has investigated the charge and is satisfied that the same is entirely unfounded so far as it implies any improper motive or intention on the part of Mr Moore. the committee therefore recommend that the charge be dismissed. All of which is respectfully submitted January 3, 1881 P W Crawford Geo Fengler Geo Rath Theo Altman P Clancy The report of the committee was adopted The following was presented from the same special committee to wit to the city council of the city of Dubuque your special committee appointed to inquire into the truth of certain newspaper articles charging Ald B W Jones of the Third Ward with being interested in the performance of certain jobs of work for the city of Dubuque contrary Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley report of committee on alderman jones contrary to the provisions of the charter of the city beg leave to submit the following report The committee met on the evening of December 14th at the office of the city recorder all of the members and alderman Jones being present on proceeding to the investigation Mr F G Brandt city auditor wsa summoned to produce his books showing the manner of the parties who had drawn money from the city treasury on bills allowed by the city council for work done for the city. On an examination by the auditor at the request of the committee of the stubs of his warrant books it appeared from the receipts that Ald Jones has drawn the warrants for the amount of eleven bills allowed by the council since the first of march last in the names of J M Luke J J Van Wil W E Jones and Joseph Geiger for various jobs of work for the city amounting to three hundred and seventy nine and fourty three cents ($379.43) Ald Jones stated to the committee that all the work had been done by workmen in his employ and that he had drawn the money for the same The committee made no investigation as to the correctness of the various bills not deeming that within the scope of the object for which it was appointed but consider it proper to state that all the work performed appeared to have been ordered by the proper officers or committees and the Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley various bills for the same properly certified as correct. No examination was made as to the work done prior to march last the committee not considering it necessary Having proceeded in the investigation as far as above stated the commitee deemed it proper to call upon the city attorney as the legal advisor of the city for his construction of the provisions of section 5 of the city charter providing that no member of the city council shall be directly or indirectly interested in the profits of any contract or job of work for the city. The opinion of the city attorney furnished to the committee in reference to its request is herewith submitted attached to this report After a full consultation on the subject which developed difference of opinion among the various membes of the committee in regard to the matters referred to it it was deemed proper by the committee to report to the council the facts disclosed by the investigation without commend or recommendation leaving it to the council to take such action as it may consider right and just All of which is respectfully submitted Dubuque Iowa January 3, 1882 P W Crawford Theo Altman Pat Clancy Geo Rath Geo Fengler Committee Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the following is the opinion of the city attorney to Messrs Crawford Fengler Clancy Rath and Altman Special Committee Gentlemen YOur committee has requested me to give you a construction of the concluding position of Section Five of the city Charter which is as follows No member of the city council shall be directly or indirectly interested in the profit of any contract or job for the city and to become so interested or being so interested when elected shall be deemed a vaction of said office Neither shall any alderman vote in said council upon any question in which he is directly or indirectly interested The charter is the organic act which gives to the municipality or corporation its existence and peculiar character grants and limits its powers and imposes its duties and obligations The object of the clause in the charter above quoted is manifestly to promote honesty and and purity in the administration of the public affairs. It simply means what its plain language sets forth and that is that membes of the city council are not allowed to trade and traffic with the city in any manner or to any extent whereby they may become beneficiaries on the one hand while on the other as agents of the corporation they may make the terms fix the compensation and vote themselves Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley the money of the city A municipal corporation acts alone through and is represented by its officer in all its dealings and transactions whatsoever and while such officer is thus active for the corporation he cannot legally contract and deal with himself These principles lie at the foundation of the law and municipal corporations The power to remove a corporate officer from his office for reasonable and just cause is one of the indicents of a public corporation and necessary to the proper conduct of its business the officers of a corporation cannot do an act make a contract or incur a liability unless authorized by the charter and much less can they excise any power or perform any act forbidden by it The power of a motion is expressly granted in the clause of the charter in question to be exercised for reasons therein set forth but while this is true a member of the city council cannot be deprived of his office without due process of law and an opportunity given for making his defense. The charter and ordinances passed in pursuance thereof prescribe the mode in which charges against public officers may be preferred and investigated and the procedure therein laid down must be strictly followed Very respectfully James H Shields city attorney Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ald Crawford moved that the reports of the committee and the city attorney be received and filed the motion was adopted the committee of the whole recommended the payment of the bill of Dr Staples of $10.00 report adopted the same committee reported on the bill of Dr Horr of $10.00 recommending the payment of the same report adopted The following report was made by the special committee on the petition of Dubuque Linseed Oil Company Your committee have instructed the treasurer to receive he amount of taxes due on $2400 assessment on lots 376 377 and 378 in full for all assessment against the Dubuque Linseed oil Comp for the year 1881 Report approved the committee of teh whole was granted extension of further time on the claims of T O'Sullivan and H Lembeck The same committee asked for more time on the communication of City Officials for an increase of salary granted The same committee was granted further time on the petition of Philip Mannstedt asking to cancel his assessment of moneys and credits Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The committees on Claims and Finance together with the city attorney made the following special report on the petitions of A Graham and J E Wooton The undersigned a committee to whom was refered the communication of A Graham and J E Wooton in reference to the sale for taxes of Mineral lots No 76 and 77 would respectfully report that the matter of the settlement with the above named parties has been pending before the council for about 3 years and as we are advised has always been favorably considered by prior committees of the council but owing to the difficulty of settling with the tax purchaser has never been consummated we are advised that a further postponement of final settlement would be detrimental to the public interests particularly as there is involved the establishment and proper location of Hill Street through the premises aforesaid we find that the amount demanded by Hintrager the tax purchaser for redemption from said tax sales is $575.00 though this amount can probably be reduce somewhat and recommend that the city pay of this amount the sum of $400.00 the balance required to redeem to be paid by the petitioners and that the sum be so paid by the city upon the execution of proper deeds of the right of way of said hill Street through said premises in accordance with a plat of said street to be prepared by the Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley city engineer and the payment of said balance required to redeem as aforesaid And the committee further recommend that the city engineer under the supervision of the street committee be instructed to make a survey and plat of that portion of Hill Street for which the right of way has not already been obtained and that said street be located on the ground now used and travelled and improved as a highway between Third and Fifth Streets J Herod P W Crawford Theo Altman Finance Com Geo Rath Pat clancy B W Jones Claims Com J H Shields City Attorney The report of the above committees was adopted Ald Fengler presented the following Whereas upon an examination of the report of the engineer and the assessment and estimate of the jury empanelled in the matter of the establishment of a public alley 20 feet wide along the easterly side of out lot 687 it is deemed expedient and necessary to lay out open and establish said alley and that the sum so assessed by the jury be set aside in the city treasury to be paid to the owner of the premises aforesaid upon the execution and delivery to the city of Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Dubuque of proper deeds for the part of said premises so taken Therefore be it resolved by the city council of the city of Dubuque that a public street or alley 20 feet wide off the easterly side of out lot 687 be laid out and opened and established and that a record and plat thereof be made by the city recorder in a suitable book and that said alley be established as a public highway as other streets alleys and highways in said city the resolution was adopted Ald Fengler presented the following which was adopted Resolved by the city council of the city of Dubuque that the moneys and credits assessed against J A Kirkley for 1880 and 1881 be cancelled and that the city treasurer be and is hereby instructed to cancel the same Ald Fengler presented the following Resolved by the city council of Dubuque that the city treasurer be and is hereby instructed to call in tax certificate of sale of October 21st 1872 of 7 31/100 acres of Mineral Lot 24 for the years of 1869 and 1870 as that sale has been formed to be erroneous Resolution adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ald Fengler presented the following resolved by the city council of the city of Dubuque that the action had on the petition of Mrs Delisle be reconsidered and that the city recorder be instructed to notify the treasurer to place her assessment at $1000 for the year 1881 Resolution adopted Ald Fengler presented the following which was adopted Resolved by the city council of Dubuque that the street commissioner be and is hereby instructed to fence up such a portion of the hay market as may be deemed sufficient by the committee on streets for the purpose of protecting the lumber belonging to the city. The fence to be constructed under the supervision of the committee on streets Ald Fengler presented the following resolve by the city council of Dubuque That an order for $22.15 be drawn on the city treasurer in favor of the city auditor and that the latter be and is hereby instructed to redeem lot 154a L 76 langworthy's addition from take sale at once the sale being illegal and erroneous resolution adopted Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ald Crawford presented the following Resolved by the city council of the city of Dubuque That a sidewalk four feet wide of good two inch plank laid crosswise be within fifteen days of this notice constructed and laid in conformity with the ordinance in relation to sidewalks on both sides of Rose Street between and on the south side of said Rose Street from Race Street to Center Place to a temporary grade at the expense of the owners of the abutting property. The resolution was adopted by the following vote Yeas Ald Altman Clancy Crawford Doerfler Fengler Herod Kavanaugh and Rath 8 Nays Ald Jones 1 ald Fengler presented the following Resolved by the City Council of Dubuque That an order for $3.80 be drawn on the city treasurer in favor of Mrs. McDaniels that being the amount of reduction granted her by the action of the committee of the whole January 3rd 1882 Resolution adopted Ald Fengler presented the following which was adopted Resolved by the city council of Dubuque that an order for $17.45 be drawn on the city treasurer in favor of J H Stroebel for the amount of reduction made by Equal'z com Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The following was read by Ald Fengler from the city engineer To the Hon Mayor and city council Gentlemen there was an error made in the length of the macadam assessed against lot 591 and as contractors have not yet been paid for that block the city loses nothing by the correction Mr. Tschirgi Jr City Engineer Ald Fengler thereupon offered the following which was adopted It is hereby resolved by the city council of the city of Dubuque that the special assessent against lot 591 city be cancelled and the following corrected special assessment be levied against said lot 591 and that the city treasurer be authorized to make the correction to wit for curbing guttering and macadamizing Bluff Street from Jones to Fourth Streets by P J Flynn contractor in front of and adjoining the same a 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 Mrs B Cunningham 591 city $66.45 Ald Herod presented the following which was adopted Resolved that an order be drawn in favor of Mrs Elizabeth Weitze to the amount of $90.00 in payment of right of way on her property on 14th St Min Lot 75 deed having been executed to the city Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ald Fengler presented the following resolved by the city council of Dubuque that the city recorder be and is hereby instructed to advertise for bids for the construction of an extension of the Dodge Street Sewer 450 feet long and in accordance with the plans and specifications on file at the city recorder's office the resolution was adopted Ald Crawford presented the following Resolved That the committee on ordinances be instructed to report at the next session of this council an ordinance repealing and all provisions of Sections 81 and 84 of Chapter 32 of the Revised Ordinances of the City providing for the return of any purchases at tax sale of the amount paid by him within 10 percent interest in case of any invalidity or irregularity in said tax sale or in any of the proceedings prior thereto That said ordinance shall provide that hereafter all purchases of real estate at tax sale shall be at the risk of the buyer and that no purchase money paid at any tax sale shall be refunded for any cause whatever except in cases where it may apear subsequent to the tax sale that the taxes on the property sold had been paid prior to the sale by the owner thereof and that in case of the refunding of any purchase money to any tax purchases for the reason lost stated no interest shall be allowed on the same Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The foregoing resolution was adopted Ald Herod presented the following resolved by the city council of the city of Dubuque that from and after this date it shall be the duty of the city auditor to report to the city council at its next regular session any and every case of refusal to receive from him any money paid to him for redemption of taxes with a full explanation of the reasons for said refusal and it shsall be his duty to notify immediately all parties entitled to money paid in for redemptions resolutions adopted Ald Herod presented the following Whereas at a session of the city council held december 1881 there were passed a series of resolutions and also a petition to the honorable secretary of War asking permission to build a wagon and foot bridge between the cities of Dubuque and East Dubuque Therefore be it resolved that in order to carry out the spirit of these resolutions and petition it is deemed advisable to send a delegate in connection with the delegate to be sent by the city of East Dubuque to lay this matter before the honorable secretary of War Resolved that the Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Hon Geo W Jones be selected by this council to represent the interest of this city before the said Hon Secretary of WAr and be it further resolved that the sum of two hundred dollars $200.00 be and is hereby appropriated to pay the expenses of said delegate to Washington City the resolution was adopted by the following vote Yeas Ald Altman Clancy Doerfler Fengler Herod Kavanaugh and Rath 7 Nays Ald Crawford and Jones 2 Ald Herod presented the following Resolved that an order be drawn in favor of Mrs. Hannah Starr to the amount of two hundred and fifty dollars in payment of right of way on he rproperty on 14th St being lots 2 3 and 4 of sub of lot 13 of min lot 172 deed having been executed to the city resolution adopted Ald Doerfler presented the following The state of Iowa Jackson Co I August Kukkuk of lawful age on oath depose and say that I am a resident of Fairfield Township Jackson Co Iowa and have been such resident for the past eighteen years and am by occupation a farmer. That heretofore to wit on or about the 27th day of July 1881 at Prior's Hotel at Preston in said county of jackson I sold to Louis Doerfler and P Foley Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley of Dubuque iowa a certain black gelding or horse weighing about 1400 pounds and that said Doerfler and Foley at the time and place of said sale as aforesaid paid me in cash for said horse the sum of two hundred and twenty five dollars $225.00 The said horse was about six 6 years old and 17 1/2 hands high August Kukkuk The state of Iowa Jackson Co I August Kukkuk being first duly sworn depose and say that I have read the foregoing statement and know the contents thereof and the same is true as I verify know of my own personal knowledge August Kukkuck subscribed and sworn to by August Kukkuk before me this 15th day of December AD 1881 Witneses my hand and seal A L Bartholomew Notary Public I, A L Bartholomew, do hereby certify that I am a notary public in and for Jackson County Iowa that I know August Kukkuk who signed and executed the annered sworn statement that said Kukkuk is a farmer residing in Fairfield township in said county and is a man of good character and reputation in the community were he resides and is a credible citizen and worthy of belief A L Bartholomew Notary Public Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The above statements were ordered to be placed on the records of the council Ald Doerfler presented the following Seneca Falls NY 21st December 1881 We the Silsby Manufacturing Company of Seneca Falls NJ hereby state to and make affidavit thereto that we have never ourselves or by any agent or representative offered or paid to Ald Louis Doerfler of the City of Dubuque Iowa any money or other consideration for his vote or influence in favor of the purchase of the Silsby Steam Fire Engine or for any other object whatever The Silsby Manufacturing Co Charles T Silsby Secretary and Treasurer Sworn to before me this 21st day of December 1881 Wilmott P Ellwell Notary Public in and for Seneca C NY The same was also to be spread upon the records Ald Rath presented the following Be it resolved by the city council of the city of Dubuque that three orders be drawn for fifty dollars each on the city treasurer in favor of Edward McCeney Fred O'Donnell and D E Lyon for legal services rendered to the city for their opinions Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley On the motor question Resolution adopted and ordered that the money be paid providing that the lawyers give the city a receipt in full for the same Ald Herod presented the following Resolved that an order in favor of Edward H Starr be drawn to the amount of Three Hundred Dollars in payment of right of way on his property on 14th Street being lot 5 of sub 13 of mineral lot 172 deed having been executed to the city Resolution adopted On motion of Ald Jones all bills were required to be certified to before being accepted by the city recorder The following bills were then read and ordered paid Dubuque Water Co North W Globe Gas Co J Allen Dubuque B C Co James Kelly John Harney Spear and Lee John McCoy Andrew Treadway & Co Phil Pier M Downey D W Linehan Wm Rebman J F Conant Key City Gas Co Hansen & Linehan Daily Telegraph Felix Agnew John Lagen John O'Dea Spear and Lee John Rankin P J Flynn J E Hartig T O'Sullivan Mrs L Koenig Henry Haas Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ed Blake John Calahan Con Mahoney Pat Dempsey Larry Smith M Cain John Nye D D O'Connell Key City Gas Co Wm Faust M Finnegan P Donnelly John Ahern P O'Connor J McBride M Corbith John Newman C H McMaster A Woller City Marshal presented a communication calling for an investigation of the conduct of Dennis Ryan Policeman referred to police committee the following bills were referred R Jackson and Son to the committee on police John Kleik to the committee on markets McCollins and McFadden to the committee on claims John Finnerty to the committee on claims N W Globe Gas Light Co committee on police G Perry committee on police Morrison Bros committee on P G and B R Jackson and Son committee on fire Dubuque Steam Supply Co committee on fire J J Dunn city attorney John Krayer street committee Knapp Stout and Co street committee Regular session January 3, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley E H Sheppley to the committee on Streets John McCoy street committee S M Langworthy street committee Ald Jones moved that the council go into an election for market master vice G Gmehle resigned adopted Samuel B Rice was put in nomination and there being no further candidates on motion of ald Jones his election was made by acclamation The council then adjourned attest Martin Kane City recorder Special session January 6, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley Ald Fengler presented the following Resolved by the city council of the city of Dubuque that the City Engineer be and is hereby instructed to notify the C M and St Paul Railroad Co to open the water way across their track at it intersection with Division Street Eagle Point within thirty days of this date Resolution Adopted The committee of the whole reported in favor of a settlement with the bondsmen of Ex-treasurer Riordan on payment of the sum of $1000 and the costs of the court if paid in ten days report adopted Ald Herod presented the following which was adopted Resolved by the city council of the city of Dubuque that the city recorder be instructed to draw an order on the city treasurer in the sum of $200 to pay the expenses of Geo W Jones to Washington in the interest of the wagon project Special session January 6, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley J D Bush presented a petition asking the city council to refund the sum of two thousand dollars paid by him on the Nightengale judgement. The same was referred to the city attorney to submit his opinion on the liability involved in the case the committee of the whole reported in favor of placing the opera house license for the present year at $150.00 report adopted The petition of Almira Crimmins asking the council to reconsider the action taken on January 3rd ordering the laying of a sidewalk on rose street was received and filed Adjourned Attest Martin Kane recorder Special session January 14, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Herrod, Jones, Kavanaugh and Rath 9 Absent - Ald Foley The city council met in special session at eight oclock pm Rule 11 was suspended and mr R W Stewart and Mr McNulty addessed the city council on the Riordan Settlement Ald Kavanaugh moved to postpone the matter till the 16th just in order to have the city attorney present adopted the rules were suspended and the claim of John Kleih of $14.20 ordered paid The city council then adjourned to Monday Eve January 16th 1882 Attest Martin Kane Recorder Special session January 16, 1882 Mayor Linehan in the Chair Present - Ald Clancy, Doerfler, Herod, Jones, Kavanaugh and Rath Ald Herod presented the following Whereas discrepancies as alleged exist between the amounts of money received and the amounts accounted for by Daniel Riordan late city treasurer and whereas suits have been brought by the city of Dubuque against the said late treasurer and the sureties on his official bonds to receive the amounts so unaccounted for as alleged therefore be it resolved by the city council of the city of Dubuque that in consideration of one thousand dollars and costs of court $20.90 in said suits now pending paid by said late treasurer and his said sureties the said Riordan and his said sureties are hereby released from all liability on the official bonds of said Riordan during his terms of office and the said causes now pending in court against said late treasurer and his sureties shall be dismissed resolution adopted the committee of the whole reported on the petition of Edwin Court recommending that the assessment on lots 8 and 9 be reduced to $1800 adopted Special session January 16, 1882 Mayor Linehan in the Chair Present - Ald Clancy, Doerfler, Herod, Jones, Kavanaugh and Rath The same committee reported on the petition of Wenzel Mickisch recommending that the assessment of $1200 moneys and credits be cancelled report adopted The same committee reported on the petition of Richard Bennett recommending that the assessment on the S 1/2 of City Lot 532 and the north 24 feet of lot 532a be placed at the sum of $3000 and the refunding of any money for previous taxes be not allowed report adopted the same committee reported on the petition of P B Martin recommending that the assessment on the E 1/2 of the N 75 feet and the N 1/2 of the S 70 feet of lot 12 in kelly's addition to the city of Dubuque be place at $1100 report adopted The same committee reported on the petition of mary Pollock recommending that the assessment on lot 29 Nairn's addition be reduced to $2200 repoert adopted The same committee reported on the petition of F Panor recommending that the same be received and filed report adopted the same committee reported on the petition of C Voss recommending that the same be received and filed report adopted Special session January 16, 1882 Mayor Linehan in the Chair Present - Ald Clancy, Doerfler, Herod, Jones, Kavanaugh and Rath The same committee reported on the petition of Geo W Jones to receive from him $10 for the regular and special tax on lots No 4 and 5 Quigley Subd of out lot 710 recommending that the same be received and filed report adopted the petition of Henry Hagerman asking teh city to deed the rear corner of City lot 304 and a part of mineral lot 106 in consideration of the injuries sustained by falling into the 19th street sewer was referred to the committee of the whole the communication of F Gerhardt for the introduction of spring sheets to be used at Fires was referred to the committee of fire the council adjourned Attest Martin Kane Recorder Special session January 28, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Doerfler, Herod, Kavanaugh and Rath 6 Absent - Ald Crawford, Fengler, Foley and Jones The mayor stated that he had called the meeting to take some action in regard to the relinquishment of the charter of the pontoon bridge company to erect a bridge at Eagle point Adjourned to Monday evening the 30th just so that a full attendance might be had Attest martin Kane Recorder Special session January 30, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones and Rath 9 Ald Herod presented the following To the city council of the city of Dubuque we M M Walker J K Graves Geo W Burton J N Hill D N Cooley and Ger W Jones state to your honorable body that we are the original parties associated with John P Quigley for the purpose of constructing a pontoon bridge from the city of Dubuque in the state of Iowa over the Mississippi River to the state of wisconsin and were the only persons interested with him at the time of the passage of the ordinance of the city council of date June 5th 1876 granting to said Quigley and others authority to construct and maintain said bridge and are the identical persons referred to in said ordinance as his associates and assigns that no other person had then or has had since any interest whatever in the enterprise or the franchise granted by said ordinance. That we never completed our contemplated organization as a corporation but only continued to act as a company unorganized and never issued any stock or assigned any interest to others or contracted any indebtedness as a company or corporation to any person company or corporation whatever that we never commenced Special session January 30, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones and Rath 9 the construction of said bridge but allowed the time limited for its construction to expire without any steps being taken to accomplish that end. Taht on the 14th day of January 1882 we as a company submitted to your hon body the proposition to surrender the rights granted to us under said ordinance and which surrender we as a company now ratify and as individuals here renew and ask that you accept such surrender Jms P Quigley Geo W Burton J N Hill Geo W Jones D W Cooley J K Graves Jos Rhomberg by J P Q M M Wacker I hereby confirm my signature as made above J K Graves State of Iowa City and County of Dubuque Joh P Quigley being duly sworn say that I am the identical John P Quigley to whom and associates the city council of Dubuque by odinance passed June 5th 1876 granted the right authority and permission to build and maintain a pontoon bridge from the city of Dubuque Iowa over the Misssissippi River to the opposite shore of said river in the state of Wisconsin and that the parties whose names are subscribed to tje above petition were the persons and the only persons associated with me or in Special session January 30, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones and Rath 9 manner interested in the enterprise at the time of the passage of said ordinance. That the signature of each of my ssociates to the above petition was attached thereto by himself personally except that of J K Graves Joseph Rhomberg and Geo W Jones each of which was signed by myself. Those of J K Graves and Joseph Rhomberg were made under direction from each of them who now being absent from the city to me expressly given before their departure from the city and that of Gen Geo W Jones by authority given me by letter written by him from Washington where he now is directing me so to do and which letter I am prepared to show and I further say that I have read over the above petition and that the statements therein mde are true James P Quigley Subscribed in my presence and sworn to before me by John P Quigley this 26th day of January 1881 Witness my hand and seal of office J Herod Notary Public of Iowa in and for Dubuque County On motion the prayer of the petition was granted Ald herod then presented an ordinance to repeal the ordinance above referrred to but the same was not read as the motion to suspend the rules was lost by the following vote Yeas Ald Altman Clancy Herod and Special session January 30, 1882 Mayor Linehan in the Chair Present - Ald Altman, Clancy, Crawford, Doerfler, Fengler, Foley, Herod, Jones and Rath 9 Rath Nays Ald Crawford Doerfler Fengler and Jones No action was therefore had upon the ordinance Ald herod then moved that the rules be suspended to hear from Dr. J P Quigley which was adopted Mr. Quigley addressed the council urging the necessity of the repeal of the ordinance granted in 1876 John Thompson was called for to speak upon the matter A motion to adjourn was lost The rules were then suspended and Mr. Thompson adressed the members but was called to order not speaking to the point A motion to adjourn was carried by the following vote Yeas Ald Altman Clancy Doerfler Fengler Foley and Rath Nays Ald Crawford Herod and Jones City Council Adjourned Attest Martin Kane City Recorder