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1883 December Council ProceedingsRegular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ On motion th ereading of the minutes was dispensed with the petition of Wm E Wellington asking that his assessment for moneys and credits be placed the same as returned by the assessor which after being sworn to was granted The petition of Margaret Glennon asking for remission of taxes was referred to the com on Delinquent tax The petitions of Geo W Jones Joseph Gehrig Geo Marin N H Faust and Asa Horr and wife asking for reduction of assessment was referred to the committee on equalization the petitions of H Ohde Adminx C B Dorr Mrs H Krueger Michl Millegan Mrs M siege Margeret Roberts Rosina Schubert Steam Supply Company D C Craus for school board and Mary Gilmore for reduction of assessments and remission of taxes was referred to the committee on delinquent tax A communication from Jas F Hedley in relation to auction sales of merchandise was referred to the committee on ordinance The petition of John Fitzpatrick in relation to special assessment for sidewalk was referred to the marshal The petition of A Palmer et al for lamp on summit street was referred to the committee on police and gas A claim of H Riker for damage to property on 11th and walnut street together with the claim of Hugh Wiley was referred to the committee of the whole The maor made a verbal statement in relation to the suit of Justus Stocking vs the city just decided in the federal court on motion a committee consisting of the mayor city attorney and finance committee were appointed to adjust the claim On the petition of Christian Jungk for reduction of assessment ordered that the assessment on merchandise be reduced to 1200 Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ the petition of Peter Schiltz in relation to its alley in th erear of his property was referred to the committee on streets with Ald McCarthy substituted for Ald Deckert The petition of Nick Palen for reduction of assessment on s 1/5 city lot 436 to 4500 was granted A communication from Arthur McCann tendering the free use of a quarry to the city was on motion accepted Petition of L A Rhomberg asking that his assessment on moneys and credits be placed at 1000 was granted Petition of the board of education in relation to sidewalk on high street was referred to the com on streets and marshal The petition of P OConnor asking that the city council withhold his pay for work done for the contractor J H Lucas from the amount due said lucas by the city was referred to the special committee of three McCarthy Kavanaugh and Deckert The mayor presented a city bond of 1858 for 100.00 held by John Pier the matter was referred to the city attorney The petition of Wenzel Zachina to be allowed something for injuries received while in teh employ of the city was referred to the committee on streets The petition of Geo Silger in relation to assessment the assessment was placed at $2200 the petition of Wm H Peabody for the improvement of an alley n of 14th st in Yates sub referred to the committee on streets Statement of Auction Sales of James F Hedley during the month of November was received and filed A communication in relation to an error in special assessment was read from the city eng recommending the refunding of the amounts of error to the proper parties which was ordered done Petition of Thos Hackney asking for horse and wagon to facilitate the lighting of lamps to com on police and gas Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ Market master rice reported having weighed 214 drafts on the city scales for which he received 32.00 for which he attached a receipt from the treasurer. He also reported having furnished 198 meals to prisoners amounting to 39.60 for which he asks a warrant the report was received and filed ordered paid E L Reynolds on first ward weigher reported having weighed 337 drafts for which he received 50.55 he returns treasurers receipt for 7.60 for 15% of the gross receipts Marshal Zugenbuehler reported that the sum of 988.65 was necessary to pay the police force for the month of November and that he had collected 37.45 for repairs of sidewalks and 5.20 for fines and fees for which amount he returns treasurers receipt also that sixty arrests had been made during the month the report was received and filed and ordered paid A communication was read from the city engineer in relation to consent given by H Riker to placing of wall on north side of his lot on 11th street the communication and agreement were received and filed Chas Pitschner from the west dubuque scales reported as having weighed 231 drafts during November gross receipts 4.65 he attaches treasurers receipt for 15% of the amount 5.20 received and filed Treasurer Traut reported having paid out during the month of November for interest 180.00 damage to property 150.00 postage 3.00 for which he asks that warrants be drawn in his favor received and filed and ordered to draw warrants Street commissioner Foster reported that 606.05 was necessary to pay men and teams employed on streets during November ordered paid A communication wsa read from the Health Officer asking that a suitable person be appointed to examine the privey vaults of the city and report those which needed to be emptied and also that the filth be not dumped on the river in front of th ecity it was ordered that the marshal should attend to the matter Woodmeasurer Warring reported having measured 1496 6/8 cords of wood which arrived by river and rail during themonth of November The report was received and filed Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ John Hayes Hog weigher during the month of November gross receipts were 187.10 he returns treasurers receipt for 28.06 15% of same received and filed Auditor Brayton reported that the sum of 1225.75 was necessary to pay the city officers and employees for the month of November ordered paid Justice J P Quigley reported having tried cases for the violation of city ordinances and collected as fines and fees 7.50 also that there was due him11.50 for which he asks that a warrant be drawn the report was received and filed and warrant ordered drawn the petition of J Hogden est was in relation to assessment was not granted The petition of Mary Richards for cancellatin of assessment on moneys and credits was granted the petition of R H Wright reduction of assessment moneys and credits ordered to 6,000 estate to remain as placed by the committee A communication was read from Chief Drehouse in relation to a change in the stoker of Mr Sol Turck received and filed The petition of the Novelty Iron works for reduction of assessment ordered that the assessment be placed as returned by the assessor The petition of Wm Hintrager in relation to assessmen was received and filed The petition of N Kaufmann in relation to same was received and filed Ald Crawford from the committee on ordinances asking for further time to report on the water gas ordinance He also submitted an ordinance filling lots which was the and the ordinance was read for the second time and adopted by a unaminous vote On motion of Ald McCarthy the city engineer was instructed to make an estaimate of cost of filling lots harbor co addition and report in five days Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ Ald Clancy from the committee on police and gas reported on the petition of Joe Tinkham et al for a lamp on High Street in favor of placing said lamp as prayed for adopted Ald Deckert from the committee on streets reported in favor of paying the bill of N H Thedinga reported on the petition of Charles et al in relation to the grading of Francis St that same be done when practicable on the petition of Wm Davis for certain improvements on Grove St that the same be postponed until next spring on the petition of A J Parker a crossing on 14th st that the same be postponed until spring on the petition of H L stout the committee report in favor of opening the street as prayed for provided the petitioner pay all expenses incurred in opening said street all of which was adopted Ald Hollnagel from the committee on delinquent tax reported on the petitions of Mary DeLorimer Mary Wolf Mrs R Davis F Burdt and Mary Newhouse for cancelation of their assessment in favor of granting petitions also on the petition of Mary Pollock that she be allowed to pay taxes on twenty two hundred 2200 dollars the report was adopted made a report of the measurement of mason Christopher Petition for a lamp committee on police and gas OSullivan bond city assessor was approved and received and filed Whelply contract Hamilton Rubber for hose received and filed The claim of D E Lyon was on the report of the comm ordered paid Remove scales The following resolution which was adopted be it resolved that the scale on southern Avenue be removed to the hay market if same belongs to the city Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ On motion the rules were suspended addressed the council in relation to his petition which as the being sworn to was granted Rooney On motion the rules were suspended allowed to address matter was referred consist of Ald McCarthy Kavanaugh Olinger and the assessor McClure On the petition postponed and the recorder to notify McClure to make an affidavit to his statement A communication by specifications 5th ward engine house was accompanied by a proposal of to do the work for the sum of 375.00 It was moved amended present contract and report the contract be postponed and were called on the amendment which was lost the ayes and nays were called on the original motion which prevailed Ayes ald Clancy Crawford Deckert Hollnagel Martin and Olinger Nays Ald Altman Glab Kavanaugh and McCarthy the contract was let Ald Glab offered motion which was adopted Resolved by the city council the city of Dubuque that the recorder be instructed to draw loan warrants for money borrowed as follows No 1 for three thousand dollars in favor of the Dubuque County bank the 15th of December 1883 at 8% per annum No 2 for one thousand dollars in favor of 2nd National Bank payable Dec 15th 1883 at 8% per annum No 3 for one thousand dollars in favor of Frank Brede payable April frist 1884 at 7% per annum No 4 for seven hundred 700 collars payable May 1st 1884 at 6% per annum Jacob Berg Ald Crawford offered the following resolution which was adopted Whereas the hill street and west Dubuque Street railway has for some other than a month past without any cause from stress of weather or other visible obstruction wholly ceased to operate said railway or rail cars thereon and according to common repoart has entirely abandoned the same and has therefy forefeited all rights granted it by the city to occupy streets on which its track Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ remove motor track whereas said track is an obstruction and a nuisance to said streets to be removed therefrom as soon as possible and the streets restored to their proper condition Be it therefore resolved that the city marshal be instructed to notify the officers of said railway or the persons claiming to own the same to remove said track and to put the streets on which the same is laid in as good a condition for travel as they were before laying of the track within thirty days from this date that in case the parties claiming to own said track do not commence to remove the same within ten days the marshal be instructed to cause the removal of said track from the street at the expense of said owners and that the mayor and city attorney be requested to cooperate with the marshal in carrying this resolution into effect and in taking such measures will save the city from being compelled to pay the expense of removing the railway track from the city Ald Crawford offered the following resolution which was adopted Resolved that the collection of the special tax against the property of Mrs margaret Carr for the macadamizing of a poartion of Brad Street be postponed for one year said tax to draw 6% interest The petition of the National Iron and Brass Works in relation to assessment on motion the amount was placed teh same as for the year 1882 On motion the committee on public grounds and buildings were authorized to have the trees lowered on the east side of Jackson Square On motion Mrs was allowed further time to lay her sidewalk It was ordered that the committee on streets with the engineer examine the street near Mrs Carr's and ascertain if any measurers are necesary to protect the same from washing away Regular Session December 3, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger SOME LIGHT TEXT-DIFFICULT TO READ Bills allowed F Heer architect H Martin W H Robison County Recorder Chas Steuck Joseph Hug Fred Schloz John Ganahl E E Jones C McMaster A Tschergi Jas N Foye Dub Cab Makers Association owa iron Works German Catholic Printing Company Lewis Wise A A Cooper to be allowed on taxes George Wagner Fifth Ward Hose Co A R Staufenbiel Key City Hook and Ladder thos Armstrong J Drehouse A Reiley Larry Daley Telephone Co Philip Pier Wm D E Gurley John Driscoll Key City Gas Co C McMaster Railroad Stueck Fisher Riker Key City Gas Co Dubuque telegraph McFadden Bros Linehan Hose Co Hauser and Linehan Sol Turck Hose Co Linehan & Sullivan Bills referred J H Lucas special com Herlad printing com Knupp Stout & Co St Com McLaughlin & Riley Ins PG&B John Erchom Marshal C N Clark street com Howard & Linehan Fire Dub Fire & Marine Ins Co PG&B McLaughlin M Rieley Stairway The marshal was instructed to notify Mr Bush to raise his smoke on planning will so as to abate a nuisance The council then adjourned to meet on Tuesday eve Dec 6 1883 Attest J W Halpin City Recorder Adjourned Session December 6, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Kavanaugh Martin McCarthy and Olinger Absent Ald Glab LIGHT TEXT-DIFFICULT TO READ Adjourned Session December 6, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Kavanaugh Martin McCarthy and Olinger Absent Ald Glab LIGHT TEXT-DIFFICULT TO READ Claim against C W Robison Howard & L Bill Gas Bill N H Faust is heard R W S Stewart Dr McCure Tax Petition Mr Bush heard D W Linehan Adjourned Session December 6, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Kavanaugh Martin McCarthy and Olinger Absent Ald Glab LIGHT TEXT-DIFFICULT TO READ The petition A nuisance S 1/3 City lot 66 Resolution fill lots harbor co addition Ald Crawford offered the following which was adopted Whereas lot two 2 of block nine 9 in the Dubuque Harbor companys addition to the city covered with stagnant water Adjourned Session December 6, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Kavanaugh Martin McCarthy and Olinger Absent Ald Glab LIGHT TEXT-DIFFICULT TO READ Resolution of Peddler Ord Stairway on Fenelon Place B W Jones bill reconsidered was allowed the sum of twelve hundred 1200 dollars J H Lucas bill allowed the sum of two 200 hundred dollars the balance of bill and petition On the petition of Gehrig placing the assessment at 13,000 which was adopted G W Jones Petition assessment out lot 741 of lot 1 city lot 346 quibleys sub 710 which was adopted on the petitions relating to reduction of assessments referred to the committee on equalization Adjourned Session December 6, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Kavanaugh Martin McCarthy and Olinger Absent Ald Glab LIGHT TEXT-DIFFICULT TO READ On motion the following Dubuque Fire and Marine Ins Co W R Pearce Wm Roenig C W Robison lumber Stines stone Eichorn hay Brode Petn W Linehan Petn Rogers sub Est of filling Dubuque Harbor Resolved by the city council On motion the council then adjourned attest John Halpin city recorder Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ Gehrig Rohel petn Fredrica Roehl asking for cancellation of her taxes was referred to the committee on delinquent tax Petition of henry Becker asking a reduction of his assessment was referred to the committee on equlization Railroad prospects statement in relation to the stocking stating that the agent had offered to settle the same he stated that the stocking the bonds of the city to draw 6% per annum he stated that the committee would settle at those times if not otherwise instructed after some discussion the matter was left to the committee to make the best terms possible G H Fry is heard a motion the rules were suspended ad Geo H Fry was allowed to address the council in relation to a special asessment referred to the city attorney Ruff petn relation to assessment was referred to the committee on equalization Pettions for reduction Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ Equalization committee report Horr A Cooper petition Report on McBride claim Felix McBride sum of thirty five dollars claim deed to the city retaining wall Opinion of city attorney In accordanc with a resolution adopted at the council I have prepared and herewith present merchant ordinance being Chapter LIV of and also section 15 of Chapter XXIII of the ordinance Chapter LIV of the ordinances was instructed license escape taxation and the other Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ Marshaltown vs Blume ordinance in that case Missouri statement upon the same subject because it discriminated against non residents but the grund of the eligibility of the discrimination is not stated in the opinion It is based however upon several decisions of the supreme court of the united states in which of the federal constitution was construed that section is as follows the citizens of each state shall be entitled to all privileges and immunities of citizen of several states The state of maryland passed two general laws reglating the subject of traders one relating to resident and the other to non resident traders seeking to do business within the state and both requiring the merchant to take out a license resident traders to pay upon a scale of prices proportioned to the value of the state in trade ranging from 15.00 to 100.00 while trades were required to pay tax of 300.00 of the act regulating non resident traders was with sec 1 of our ordinance It provides that no person not being a permanent resident in this state shall sell or offer for sale within the limits of the city of Baltimore without first obtaining a license therefore the action by the supreme court of the united states held to be inspiration of the above quoted article of te constitution discriminating against citizens of other states Ward vs Maryland 12 Wallace 418 See also Woodruff vs Parliam 8 Wallace 160 Gecy vs Baltimore 100 US 434 In Gould & Co vs the mayor of Atlantic, GA it was held that a power to tax intinerant traders has not by the adoption of an ordinance to tax only itinerant traders who were non residents of the city and that no tax can be imposed upon non residents traders without imposing a like tax on resident traders of the same class Judge Dillon in his work on after reviewing the cases upon the subject the legislature if it does not make discrimination in violation of the constitution may authorize municipal corporations to tax transient traders or itinerant dealers and peddlers and such tax is not in violation of the constitution of the united states although the property he brought from another state provided it must be added it does not fully discriminate in favor of the resident and against the non resident citizen Dillon municipal corp vol 2 744 It seems therefore to be well settled that ordinances the one quoted which discriminate against goods or Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ foreign states or goods offered for sale by non resident merchants to the extent of the imposition of upon resident merchant or domestic goods are unconstitutional and therefore void subdivision A or section 150 of chapter XXIII of the ordinances is objectionable upon the same gound this subdivision I believe has never been enforced as it was intended to require a tax upon the sample salesmen of non resident merchants is nowhere decided however that municiipal ties may not traveling and itinerant merchants peddlers and on the countrary the power is unquestioned when duly authorized and the city of Dubuque has full power by virture of its charter to license and tax all such dealers Charter Subdiv 1857 I am clearly of the opinion that while the ordinance in question in its present form is inoperative and cannot be that it may be so amended by making it applicable toward such transient traveling and temporary enterprises contemplated by its provisions whether conducted by residents of the city or non residents of the state that it may be enforced in all cases D J Linehan City Attorney Ald Olinger stated that it was necessary to purchase a new hose cart for the use of the fire department On motion the committee on fire was instructed and authorized to purchase a two wheeled cart carried Ald Crawford presented the following an ordinance to amend an ordinance entitled an Ordinance to license tax and regulate transient merchants and being chapter 54 of the revised ordinances Be it ordained by the city council of the city of Dubuque that section one of the chapter 64 of the revised ordinances of the city of Dubuque and the services here by repealed and that the following be and is hereby enacted in lieu thereof Sec 1 that no traveling or transient merchant or other temporary dealer of goods wares or merchandise whether a resident of the Cit of Dubuque or elsewhere shall by himself or auctioneer or other agent sell or offer for sale in any temporary place of business within the limits of the ciyt of Dubuque without being authorized so to do by a license to him issued by said city for that purpose also the goods wares or merchandise so offered for sale shall have been generously assessed for taxation by said city Adjourned Session December 10, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Glab Hollnagel Kavanaugh Martin McCarthy and Olinger LIGHT TEXT-DIFFICULT TO READ And every person whether of said goods wares same for sale in said city without such license cared from said city thereof before any court be more than one hundred dollars before which the conviction sec 2 This ordinance shall be published in the official papers of the city and shall take effect the date of its publication in the Dubuque Daily Telegraph Ordinance adopted The rules were suspended and the ordinance read for the second time and adopted unaminously Rebman heard The rules being suspended the council in relation to asking that he be allowed Rebman community bond On motion the bill of Mr Rebman was reduced he furnish the proper bond all damage that may recur from by Dr Mulski falling into Eighth Street sewer the bond to be approved by the mayhor and city attorney The council then adjourned attest J W Halpin City Recorder Adjourned Session December 12, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Hollnagel Martin and Olinger Absent Ald Glab Kavanaugh and McCarthy LIGHT TEXT-DIFFICULT TO READ The mayor stated the object of the meeting to be to take action on some proposed changes in the fire department A petition of Mary A McDaniel asking that her taxes for 1883 be cancelled was referred to the committee on del tax Ald Olinger chairman of the com on Fire stated that he proposed making some changes in the working of the Fire Department which he thought would be for the good of the city but had not completed the plans On motion the matter was referred back to the com on fire with Ald Clancy and Hollnagel added to perfect the plans and report to the council On motion the rules were suspended and Mr John Thompson addressed the council in relation to the assessment on his homestead On motion the former action of the council on Mr Thompson petition was reconsidered On motion the assessment of Mr Thompson was placed at $20,000 ayes Clancy Crawford martin and Olinger 4 Nays Deckert Altman and Hollnagel 3 Judge T S wilson in relation to the petition of J P Schroeder addressed the council the petition was referred to the committee of the whole the council the adjourned Atest John W Halpin City Recorder Adjourned Special Session December 13, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Martin and Olinger Absent Ald Glab Hollnagel Kavanaugh and McCarthy LIGHT TEXT-DIFFICULT TO READ The mayor stated the object of the meeting to be the section in relation to the organization of the On motion the rules were suspended and Kroll assessment council in relation to his assessment On motion of Ald Crawford Mr Krolls assessment was as returned by the assessor Ald Olinger made the following the proposed changes in was adopted whereby the city fire department and through and at the same time the following report first your committee would recommend that the department be cut down to two regular paid companies Sol Turck Engine Co Fireman James Daley Engineer Job Barnes Stoker John Cahill Driver of Engine Jerry Murphy Hose Cart Andrew Cullen Horseman John Connelly Horseman Jacob Schoenberg Horseman Thos Cullen Minutemen Monroe Barnes Chas Gibson Samuel Huemer and Wm Londregan Fifth Ward Engine Co Foreman John Essman Engineer Frank Strinsky Stoker Michl Eitel Engine Driver Ed Morgan Hose Cart Driver John Fillmer Hosmen Jas McLaughlin John Plymer John Viltz Minutemen Joe Sloan M Mohr Henry Oconnell Adjourned Special Session December 13, 1883 Mayor O'Donnell in the chair Present Ald Altman Clancy Crawford Deckert Martin and Olinger Absent Ald Glab Hollnagel Kavanaugh and McCarthy LIGHT TEXT-DIFFICULT TO READ Hook and Ladder Truck Stephen Schollenberg men would not respond second alarm he also explained with the new showing that would be very slight and the department more efficient on motion the report was adopted to take Ald Crawford the com on fire was instructed an ordinance with rules and regulations for the gov the new fire department the same to be presented at the regular session of the council On motion Ald Olinger the committee on fire was and purchase a hose to be used on the Fifth Ward Hose Cart Adjourned attest J W Halpin City Recorder