Wants Injunction Dissolved

WANTS INJUNCTION DISSOLVED
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Which Restrains the Paving of Liberty Street
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HEARING ON SATURDAY
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City Claims All Procedure Regularly Taken and that Petition Is Signed by Majority of Property Owners
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The city has filed a motion to dissolve the injunction on the Liberty street paving which will be heard next Saturday. The answer of the city which has also been filed denies that the petition of 1902 was again filed in 1903 with a few additional signatures, but claims that it was a petition that had never before been presented to the council. It denies that any signatures to the petition have been withdrawn or any effort made to do so. It claims that after being referred to a committee, the petition was on motion taken from the hands of the committee and a motion to pave was passed.

The answer further claims that there were only 88 persons owners of abutting property instead of 109 as claimed by the complainant, and gives the names, and that 48 were a majority of this number. Among the names the city claims were not owners are the five Misses O'Brien, who are residuary legatees, as are also the nine grandchildren of Samuel P. Foster.

The answer claims that at the only time the charter required a two-third's vote of the council there was such a two-thirds vote and that on the other steps nine votes were sufficient. It claims that the four signatures which were claimed to be defective are properly affixed.