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Council Proceedings

Council Proceedings image
Parent Issue
Day
12
Month
April
Year
1895
Copyright
Public Domain
OCR Text

COUNCIt. CHAMBBB, i AJJN Akbou, Miel)., April tí, 1S95.Í .djoutned session. Called to order by President Wines. Roll called. Quorum present. Absent- Aid. Taylor and Kitson. PKTITIONS AND COMMUNICATIONS. -rn the Honorable Comraon Con nel l of the Tritvo f Anu Arbor. sitttng as the Board of City Canvassers tor the satd City, lor the City Election, held on the lstday ol April, yoarpetlttoner, Natnan D. Corbin.respect■.iivHliowsuiito your honorable body, itiat t lías kandidate tor the office of Justfce of íhe Pea -e, In and tor the sald city. at the gald l ihat he was duly placed In nomina„' an'd ihat hls name was duly prinled ' 'n the republu-an ticket as a candidate lor he s d office, as the said ticket was printed í,poutheou.cial ballot used at thesaid elec"vñ'nr Detitioner further shows that an error was made In uiaking th official returu nf the total number of votes cast tor him in the FourtU wurd ofthe said eily; that the official returns as made. show tbat the total i iiinher of votes cast for htm in the said winl wan one hundred and lorty-six. whereasvour petitlouer is informed and believes, ná so charges the laet. to be, that the total amber of votes cast lo thesaid ward for him for thesaid olüce was one hundredaiid sixtyBl orsome otlir uumber rauoh greater man ttie said number shown by the sald official r8Thereibre your petitioner respectfully rennests your honorable body, in view ui the Acts herein alleged, to correct the official ratnrna Irom the Raia ■'ourih ward ofthe said Mh witu respect to the lotal number of votes ,-,k tlieiein tor him for the sald office, accördinit to the statute for sucli cases made and provided. -vnd thus your petitioner will ever pray, Nathan ü. Corüin. The petition herewith attaehed was subscrllied and sworn to beföre iue, a Noiu.v Public in and for the County of Washtenaw, lhiB5thdaírofPrU,A.D18fevMi Xotary Pubüc. Therehy certifv ihat the petition herewith attaehed ws du'iy flled wlth me at my office as Cily Clerk, and lliat at the same lime tue reouired lee of ten dollars was duly deposited wiih me. this 5th day of April. A. U. 1895, at 6 o'clock p m. ' Glen V. JIills, . City Clerk. I hereby certify that a copy of ihe petition herewith attached.with a notice in WTiting ol the fMijourned meeting of the Board of City Canvassers to3 o'clock p. m., upon the sixth day of April, A. l. 1895, was duly served upon Kllhu B. Pond and Charles Boylan by me bv leavina a eopy of the same wlth each of tliem personally, at their residences in this city, between the hours of 7:30 p. na. and 9 n m. April 5th, A. D. 1895. Xaihax D. Corbin. To tne Honorable Common Council of the City of -Vnn Arbor, sitting as the Board ol City Canvassrs lor the said City, tor the City Eleetion held on the lst day of April, A. D. 1895: I Georce S. Vandei-walkar. respectfully show unto your honorable oouy nial i was duly appointed and served as olerk upon the Board of Inspectora of Election for Ule i ourlh ward ofthe said city at the siiid election. and tliat I coimleü the votes cast at the said eleotlonlntbe sald ward fbr Nathan D. Corbin for Justiceof tlie Poace, and mude a statement lor the total rrumher oí' tUem, the nuinber as determined by me neing duly set lurth In the official returns froni the said ward as the correct total of the vote cast for I he Baid Nathan D. Corbin for the said office iu the said ward. I furtlier show tliat I llave agaln Inspected the original ligares as made by me at the time. in reckoning up the said total, and I have discovered thal I made an error ín performíng the Baid reckoning as follows: I flrst set down the total uumber of votes cast tor the said Natlmu D. Corbin upon split tickets, which numuer was one hundred and eialil. and beneatb iu a column foraddition I set down the total nurnberof votes cast for the said Ñatiian i). Corbin upon straight ballots, wblob number was Ofty-eight, and tlien I adiled tlie two numbers aforesaid toobtaln the complete total of votes cast lor the said Nathan I). Corbiu for the sald (.Hice ín performing the saiü addltion, I mlsealled the eecond nuraber aforesaid, tlie total of straight ballots. tluriy-eiKht lnstead of flfty-eight, and therefore reported a total of votes cast for the said Nathan 1. Corbin twenty less than ihe correct total. The correct total number of votes cást for Nathan D. Corbin for the office ot Justlce ofthe Peace nthe aald ward was.' to the best of my fcnowledge and belief, oue hundred and sixiy-six. And furtter deponent saith not.. Geokgk S. Vasbekwalkeü. Subscrlbed and sworn to belore me thls 5th day of April, A. D. ]8íir, at Ann Arbor, Mich. Xathan D. Cobbin, Notary Publio. Ti) the Honorable Coraraou Counoil of the City of Ann Arbor sitting as the Board of City-Canvassers for the said city for the City Electiün beldon the flrst day of April, A.D., 1895: I, George S. Vandawarker, respeetfully show unto your honorable body that the sheet of legal cap paper herewith attached is the ldentlcal pieee of paper used by rae at the said electlon. at and during whioh I served as Clerk of the Board of Election lnspectors of the Fourth Ward, for the pnrpose of determining the total vote cast for several of the candidates voted for in the said ward at the said election : that i he said sheet of paper was carefully inspecled by me on the litth day of April, A. D., 1895, and again on the sixth day of April, A. D.,1895, at the time of the makiaz and fllinf; of this affidavit and 1 flud it to be in exactly the same cfndition and unchiumed In any particular from thecoudition in which I left it upou the said day of election, at which time l carefully deposited the v ■! I .] . i E f , , ' ilOÏniV (ï tvt h . I i i Í t i ■ 1 ï I f I i ' 1' wam siitíet aner using amoiiu. i.ne papéis icturned to ttie City Clerk, it being among the said papers that I found the eame upou the fllth and aixth days of April aforesald; that all of the figures and wrlting upon the sald sheet of paper inade in peucil and not wllh lnk, were made thereon by me for the purpose and al the time aforesaid: that I made the same mlstake at flrst In addlng up tlie total vote cast for Alvali P. Fergusoa for Alihrman In Ihi; sald wanl at the said eleclion as that made Ijy me in the case of Natlian D. Corbln as set forth in another arridavit made by me on tbe liftii day of April, A. D.. 1895, and submitted by me to your honorable body, but in the case of the said Alvali P. Fergnson i be mistake was discovered and corrected belbre the making out of the offlclnl i-pturns. And iurtlier deponent saitli uot, Geokge S. Vanda wakker. Subscrilx-d and sworn to before me a Notary Public in and lor the County of Washtenaw, lliis sixth ilaly of April, A. I)., 1895, at Aun Arbor. Michigan. Glen V. Mills, Notary Public. This is to certify that the sheet of legal cap paper herewith artached was retnrried to my office as City Clerk of the City of Ann Arbor among tlip papurs sent and returned from the Foiirth Ward of the said city after the electlon held In the said city on the first day oí April, A. D., 189?, and was deposited and kept by me among the said papers unttl the time of the filing of the aecompanying aflidavit when I caiised the same lo be attached Hiereto. Glen V. Mills, City Clerk. Aid. Prettyman moved that a cotnmittee of one be appointed by the iil to act as chainnan of a commHti recounling the vute for Justice of the Peace in the Jb'ourth ward. Adopted. Aid. Brown moved that Aid. Prettymau act as (jhairman. Adopted. Elihu B. Pond appoiñted Aid. Browh as his representative ou said i-ommittee. Nathan I). Corbin appoiuted Aid. Ferguson as his representativo on said ciiinmittee. Aid. Manly moved that the marshal be instrueted to brins; the Fourth srard ballot box to the Council Chamber. Adopted. Aid. Martin bmoved that the Council take a recesa of fifteeu minutes. Adopted. At the expiration of the allotted time the Council reconvened anl proceéded to recount the vuto cast for Justice of the Peace in the Fourth ward. REPORT OF CO.MMITÏEE. Mr. President: Your cnnmitlee to whom was referred the matter of recouut ot' vote for Justiee of the Pence.in the Kourtli ward of tlie said ('iiy of Ann Arbor, at the electlon held April lat, 1895, beg leiive to report that webave opened the ballot box of ibe said Fourtb wara and couniod the votes for the office of Justice of the Peace, aud find that Mr, E. B. Poud received oue hnndred and eighty one votes. Mr. N. D. C'orbiu -received oue hnndred tmi slxty-two votes. Mr. Charles Boyliin received sixteen votes, makinga total numberof votes cast three liundred and flfty-nine (359). H. G. PEETTYMAN, H. J. Bkown. A. P. Ferguson. Aid. Ferguson moved that the report 3e accepted and adopted. Carried. Vote on the propo.sition of raising f5,000 by speciul tax to build sites for oublic building in the First and Secoud nrarda : Fov Against. PIrst ward 229 77 Seoond ward 126 1 iS rhlrdward i ói Fourth ward 135 58 Kiltli ward 26 28 5ixth wacd 187 87 Se-venth ward 86 83 Total vote 8-37 421 Majority for - 136. By Alderman Prettyman: Resolved, That tlie Common Councll of the City of Arm Arbor, at a regular seagion at the Ooimcll Chamber, In said city, on the (th day of April, A. D li9ï, do declare and hereby eertify that at the nmalolpal electlon, held in and lor the said Citv of Anti Arbor, on the Ist day of April. A. 1). 1895, tue followlng nameil persons were liuly andlavvfully eiected to the following named city oMöce-s, viz: For Mayor - Warren B. Walker. For President of the CommoQ Couneil- Charles E. Hlscocte. Kor City gierk- Glen V. Mills. For Justtce of the Prtioe- Elihu B. Pond. For Assessor- Patrick O'Hearn. For Supervisors - First ward. Wllllam K. t.'hilds. Seeoud ward, Eugene Oesterlin. ïtilrd ward, John J. ptaoher, Fourth waid. Jóseph Donnelly. Fifth ward. Jaiues Boy Ie. Sixth ward, Arthur J Kitson. Seventh waid. Jivart H. Scolt. For Aldermen - First ward, for one year, George L. Moore. For two yenrs, Charles A. Maynard. Second ward, John Kocli. Third ward, Jacob Laubengayer. Fourtli ward, Alvah P Feruson. Fifth ward, WilUam WC. hadford. SIxth waru, Ëmmett Coon. Seventh ward, for oue year, O. Eliaer Buttorrteld. SYir two years, C. Horaer Cady. For Constable; - First ward, Meiven C. Peterson. Beoond ward. Paul Schau. Tiiird ward. Jereiuiali Walsb: F.ourth ward. Peter Hertellen. Fifth ward. Newton Pelcta. Sixtb ward, Cliarles J. Sehinldt. waid, C. JTred Weinmann. By Aid. Prettymun : Resolved, That tha Common Couucll of the l'Hy of Ann Artmr at a regalar Bession at the Jouneil Chamber of said city, ou the sixtli lay of April, A. IJ.. L895, do declare and herejy oertlfy that at thé Special Election held in and for the City of Ann Arbor, on the lirst iay ot April, A. D., I8Ü5. to determine for or lg?.inst. the proposed purchjise of sites for public buildings in the First and Second Wards of said city. that the whole number af votes etst for and against the proposed purchase of sites was one thousand two hunilred eeveDty-eight, of which elght humlred üfty-seven ballots contained the words, " For the public building sites- yes," and four hundred twenty-one contained the words, " Tor the public building sites- no." jPuriher, Resolied, riiat as a result of said electioo tUeCoinmon ('ouncil of tlie City ot Anti Arbor do declare that the said proposition was carried. Adopted. REPORT OP THE BOARD OF ELECTION COMMIS8I0NERS. To the Honorable Commou Council of the City of Ann Arboi': The uudersigned menibers of the Board of Election Commissioners oL the City of Ann Arbor. respei'tfully submlt the followlug report: After an exámlnation and connt of the official ballot, there were dellveied to the luspeetors of Election four thousand seven hundred and flfty ballots as shown in detail below. We also conntcd the ballots returned by three warda as shown by ward reporls. Firxl Ward. ., Number of ballots delivered 800 " " " unaccouutedíor.. 392 ' votes cast 41)8-800 Second Ward. Xumber of ballots delivered 850 " " " spoiled 3 ' " reuirned unused. 412 " " votes cast 43- 850 Thinl Ward. Nuraber of ballots delivered 900 ' ' " spoiled 3 " " returned unused. 445 " " votes cast 452-900 Fourth Ward. Number of ballots delivered 750 ' ' not aecounted for 378 " votes cast 372- 75} Fifth Ward. Nuraber of ballots delivered ._ 400 " " " unnccounted for- 213 " " votes cast 187-4C0 Sixth Ward. Number ot ballots delivered - - 600 " " spuiled 2 ' " " returned 329 " " votes cast 269-600 Scvenlh Ward. Number of ballots 'delivered.- -- 450 u " unacoouutedíor.. 282 '■ ■ votes cast - - 218-450 It is npparent from the above that diere is a great difl'erence of opinión as to tlie renuiremeuts of the law. We fiml also t batí he boxes lor city tickets for the Kim and Ultli Warda are inseearely sealed, while the Fourth Ward box shows nos. 'al al all. Also thut the box for State tickets tor the Fourth Ward is Insecurely sealed and that the SlxtB Ward box sho'ws'noseals. We believe that a correct ballot in Ann rbor will b greatly faollltated If prior to the next elecflpn Bomeone familiar wlth tlie work would lnstruct those whoare to act as Clerks and Inspeotors of Bleotlon as to their "Jüfof whlch is respeotfully subinitted. G F. AXtMBVDINGKB, N. .1. KVF-K. Board of Election Commissioners. Glen V. Mills, Secretary. Received and placed on file. By Aid. Prettynian : Resolved, That lnasmuch as the ballot box of tlie Sixtl Ward was duly and securely sealed, Therefore be it Resolved, That the strlotures of the Board of Electlon Omimisstoners do not upply as; lo llie :xth Warcl. Adopted. Aid. Prettyniari moved thut the Council adjourn as u Board oí Canvassers. Adopted. KBPORT OV SPECIAL COMMITTEH ON INYES; TIGATION. ARBOB, Mleh., ',IT!l è 1 'T. i To "the President aud .Wembers Of the Gom j raon Councll n Uie citv of Ana Ar. ■!■, oh.: Ynur special commlttee appolnted 'o inctenntt formúlate cliargPK agahisi the [President of ttie [ioard of Public WoiRs o( Ihls city refipefitfally report ihni they bave met ana extunined severa! wlinesse, bal bec&ufto of tlie shorl ftpaoe avallable for tliis IuviwIiï1.1od. ihey bave b( en cmable to complete the same, and would lecommend thnttb' iii';n lm cDinniued by Ule iiK'oiui ag Counoil. H. J. ÜKOWN, KlíANK WOOD, H. G l'KKrrïMAN. ïhe report failed for adoption as follows : ïeaa - Aid, Wood,Brown, Prettymau,' President Wines. - 4. Nays - Aid. Martin, Alltneudiuger, Snyder, Ferguson, Manly.- 5. By AM. Manly : Kv virtue "f Seotion 143 of t'ne Charter of the City i Aini Arbor, relativa to charges !f!iin-.i a member of the Uoard of Pabilo Work: f, Charlea H. Mauly,citizen, e èotor .'i.i metuber of hip Omnuioa Cuomcll, of llin ülty ol Aun Arbor, do herehy charge Albart M. Clark a member and president i the Board ol Publle VVorksof said city, duly appoiuted aoU qualifled as bucu raeinber: First:- Wltb oltioial miseonduct in the performance of ihe dmies of nis office. Séeond:- Wiih being Indlrectly interested in the purchasj uf material to be used in publio work. Third:- ' , . Wllb unfrtithful performunce of tlie duties dl nis oitice. Fowrth .■- With being Inefficiënt and not qualitied to perform tlie dut les of bis ofilue. Specifica' ion underf.rsl chargé: I am Informéd 'and believe ami therefóre charge Ihe faut to be that said ülart whlle aotlug a inember of Board of Pulilie Works aforesiiid, did vote, as su(-b meiuber .o use a eeriaiu kind oí tile ín me consirucíon i. lateral sewers. )u Uio Uliy t A.nn Lrbór known as tbe Jackson lile, iiianiiactured by theJHCksonS' werTileCompany, i Jackson Michigatí; ttia ald lian; cml kfler a iit oí said 'tile bad been lald and lúe ontractors liad more on hand i lay cause liesald uietabecomJemDeclantlrejected.bv iíh vote and tnfluence on éaid board. Tht mmediately alter tha act-ton ol said Clark Ín :auslngsald Ule to be uondemned, n repreeutatiye ai tlie Jackson Séwer rile Comlanv. on'e :-ii::h. carne to i.iie City t Ann ri)(ir, and visiteU buid Clarlï and uaid Clark, ís I un iniiii-iiii'il Hnd belleve, waa ineu and h'írepromlsed tlve per cent., of all the moneys ol)e paid i, thei l ií .vuil trbor, tor Bald ile ; sald contractora, If said i lie weie used n oonstiucllon oí saíd lateral sewers. Dial thereupon and thereaíler aald Clark mi, to-wlt: Oetober 20, 18B4, by bis volcan. I m(osèd a renolutloii looepassed by he Board id Publi3 WorUs, allowing Lbe use j tlie lile raanutaettired by the Jackson Cile Corapauy'. whlch uad before tlien aeen ooxidemued and rejeeted. And tlire ipon iiyaml throngh such corrupt Influence tlíe Bald Clark procured and peMnttflBd Ui use oí sueli Juoksou tile manufuctured by the lackBODSewerTlle'Company.whlctiwaatb.eu nul Ihere well knowntn Che aaid Clark to be reatly inlenor to otlier til?, whieh ít was btien aiul tliere tlie duty of the san! Clark and the Board oí i'ublic Works to ruqutre to be used in the construction of tlie lateral sewers, theu ii coviise 01 couslructiou, by the Ciiy 01 T lia t tií e said Clark througb. hls Influence procured and in-rniitu-d to be used sewer tile msuufactured by me Jackson .Sewer Tile üompany whlcb was then and tliere well known toliiin the said Clark, lo be greatly interior to ottier sewer lile, w Btl oh It was iin-n aud there me duty ofthe said Clark and the Board of Public Works to requlre to be used In iheconstruotlonoi the lateral sewers then In ooufneof construoUon, y me City of Anu Arüor. Svectñcation imder second charge: Thátsald Clark becameaod was interested in to-wlt: the monthol Oct"ber, 1894, In the use by the City of Aun Arbor, of oertaln íewer tile, in tbe construction of lateral sewers, iu this- that lie was Uien and there to recelve a oertain oominisslon. if the Jacks .n SewerTileCompany, was to be made ase ol by tlie City oí' Aun Arbor in thconstrnctlou oí oertai n lateral sewurs wkieh were beiug tlien constructed by i he naid oity. Xhat Rucb tile wis so used by and througli theinflueuce of uaid Clark, undi.-r the agreement aforesaid' Specijlfdíion wndt r third charge: That nald CÍarh when and wliile a meniber of Die Board of Public Works, aforesaid, became and was a eandidate for the otliee of Street Commlusloner, of tlie Bald olty, wblcli office wa (,nen and there vacant, and ü belng then and therc th' duiy of the Board ol Public Works to lili sueli vaeanCN ,and toapi'Oim a Street Commiasiouer as aforesaid. lie, tbe saíd Clark, tlien and there I m portan ed lile otner members of tbe sáld board 10 appolnt hiin. sd Clark, Xo su-li vacancy, and by bis un-i emlngly eonduct. in lus effurts to obtaln such appointment delayed and obstrueted the business oí' the said eity, und Ihereb} íiindered and delayed tüe business of Raid city to lts great damage, and II linally being made lo appear, tlua lie, i besaid Clark, yonlt! not obtaln such aupointment to ihe office ol si ími ■'. Cómmlssloner, aRatoresald.be tüe sald Clark, by bis vote and iufluence, proeured tlie nppointmentol one Bassetl to Ihe sald office, well kuowlng tlie sald Bassett lo be wbolly wlthoul experlence or abilltji ü. properly perform lli ünile of the aal d ornee, huí who i.s and wa Ihen mul there related i" hlm, tb satd Clark, to-wlt: a daughter of the sai'i Clark buving marríed and ttieu anif there beiua the wife of i son ol the sald liassett; to tbe greal (Jlsgrace and scandal of tbe good people " tbe City "I Ann irbor and to the evil exarapla oí all others in like case ofFending. Sprei tic.atian uinle.r J'oaiih elmrge. That sald Clark lias nol the neoessary qualiflcations for amemberoí the Board .f Public Works in tbis, that ne is ooi o-.. sessed of the neeessary knowledge and ix perience to properly Judge ol Ihe kind, qualuy and charaoter of material and lahor requlred n conductiiiK the public miprovemeuts of the City of Aun Arbor. Charles H. Manly, state OF Michigan, i COÜ.NTÏ OF WASHTSNAW. Í On tbis slxth day of April, A. D. 1895, before me, a notar; public. In and for said county, personal ly carne Charles H. Manly above iiamed, and made oath that he had beurd read tlie furegoing charges and specitieattons by liim suuscrlbed; ttiat he knows the contenía tbereof, and thtu the sume are in all thlngs trae of bit own knowledge, except as to the matters and thlngs wnloh are therein siiiled to be on bis Informaron and bellet, and as to all such matlers and tbjugs he beileves them to be true. E. B. Norkis. Notary Public. Received and placed on file. By Aid. Manly : Whereau, Charges have this dy been made in wrlting againxt vlbertM Clark; u hum 11 lier of llie Board of Public Works of the City of Ann Arbor.wliioli will reqalru the-Httention ot the Coanctl, llierefore be U resol veil, ilmt t!ie nottoe In eonforraanee wnii the charter begl ven binitlheaald AJbert M. Clark, of the time and place wliere Baid cbarges will be beard, aud tbata oopy of tm cbarges and epeclflcatóou be Berved apou him. Aid. Manly addresaed the Ccrapcil in support of tlie resolulion, during the course of which Aid. Prettyman called the alderman to a poini of order. Pres. Wines ruled the point well taken. Aid. Manly appealed from the decisión of the chair. The decisión failed to be sustaiued as folloWS : Yeas - Aid. Brown, Prettyman, Pres. Wines. - 3. Naya - Aid. Martin, Allmendinger, Wood, Snyder, Eerguson. - 5. The resolution prevailed as follows : Yeas - Aid. Martin, Allmendinger, Wood, Snvilcr, Ferguson', Brown, Manly, PreUyznan, !'res. Wines.- 9. Xays- None. lïy AM. Ma.rtln: whkükas, Thla day termínate iheaxlsl (Mt'-c or thls Conncil, and of ihe term ofour respectej presldlng otficer, Mr. Levi D. Wllh's. ,■'■'. 'l'li i thN OouqcII deRires to express ïn iMis way rs heartj appreclátion f ttie h Ik li i y pfBol ut and Impartlal maniier in ivhlcli the Pre8l lenl of this Ooonell bas perform il tüe tmportuiil dutles ol lus office uurIng the past year. Adopted as follows : Yeas - Aid. Martin, Allmendinger, Wood, Snydér, Ferguson, Bro n', Manly, l'ivliyiiKin.- 8. Nays - None. Qd motiou the CoubcU adjoarned siue die. City Clerk.

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Ann Arbor Argus
Old News