COMMON COUNCIL. WEDNESDAY, April 30, 1856. The Council was called to order by his Hon. the Mayor, Oliver M. Hyde. Present-The Recorder, and Aldermen Cicott, Craig, Doyle, Dudgeon, Duncan, Dyson, Gibbings, King, Lacroix, Marsh, Martin, Niles, Reaume, Sheley, and Thompson. PETITIONS. Of T. K. Spence, for prevention of street sprinklers from taking water from hydrant corner Woodward avenue and State street. Referred to Marshal, with power. Of George Fellers and others, remonstrating against fencing vegetable market. REPORTS. To the Hon. the Common Council: By reference to the Comptroller's last annual report, it will be noticed that it is therein stated that twenty thousand dollars of our bonds will mature on the 1st of June next. The bal ance then in the treasury to the credit of the sinking fund, and the anticipated receipts for the present year to that fund, were given, amounting to the sum of over $11,000 00, and that we should require the issue of city bonds to the amount of $10,000 to make up the $20 000-and your early attention was then invited to make provision to meet the same-but no action has yet been taken in regard thereto. In advance of again calling your attention to this subject, I addressed two communications under date of the 24th instant, one to Messrs. Duncan, Sherman & Co. and the other to Messrs. Decoppet & Co., New York, and in which they were advised that we should require a loan of $10,000 by the 1st of June next, and requesting them to state upon what terms they would take the bonds of the city, payable in 1872, with interest at the rate of 7 per cent., payable semi-annually in New York. The answers to these communications were received this morning, and they are herewith annexed; and I respectfully ask that such action be taken by your Hon. body as the exigency of the case requires. Respectfully submitted, CHAS. PELTIER, April 30, 1856. City Comptroller. Aid. Craig offered the following, which was adopted: Resolved, That the Comptroller be authorized to offer for sale ten thousand dollars of the bonds of the city of Detroit, payable in New York in 1872, with interest, semi-annually, at the rate of 7 per cent. per annum, for the redemption of the bonds maturing first of June next: Provided the same can be disposed of at not less than par. The Committee on Markets, to whom was referred the petition of John Lane, asking that he may build a temporary office for the use of the lower hay scales, would respectfully report in favor of granting the prayer of petitioner: Providing that there shall be no expense to the city. W. C. DUNCAN, Ch'n. Com. Markets. A. SHELEY, the premises, and have proposals from William Adopted. B. H. THOMPSON, The Aldermen of the Second Ward, to whom was referred the resolution of Ald. Cicott, asking payment from the Second Ward Road fund, of David Kendall, for constructing side walk at the intersection of Michigan Grand Avenue and Congress street, beg leave to report that they find no principle of justice in charging the same to the Second Ward Road fund; but, if the same is a charge against any of the city funds, it should be charged to the General Road fund.Your committee have not examined sufficiently to become satisfied that the building of said walk is a public charge, but, inasmuch as the premises adjacent have been heavily taxed for paving, cross walks, &c., your eommittee would respectfully recommend that said claim be paid from the General Road fund, and that the Comptroller be instructed to draw his warrant for the payment of the same, being first satisfied that the charge is not an exorbitant one. W. H. CRAIG, To the Honorable the Common Council of the The Special Committee on Sewers, to whom was referred the several petitions asking for sewers to be constructed in the various parts of the city, beg leave, through their chairman, to submit the following report: That they have duly examined the premises as to the wants of the several petitioners; and, while we concur with them that the necessities exist for constructing all sewers asked for the present season, yet, owing to the large amount of unexpended sewer fund appropriated in 1855, (arising from the inefficiency or inability of contractors), your committee feel admonished that a larger appropriation than can be expended the present year, together with the large fund now in the treasury, would be improper and unjust. We have therefore selected from the several ones asked for, such as we deem of most pressing necessity; and respectfully ask your approval, and that the Surveyor be instructed to make the necessary surveys and estimates for the construction of the same. 1. Four-foot sewer up Cass street, from Julius alley to northerly side of Michigan avenue. 2. Seven-foot sewer up Woodward avenue, from the river to Congress street, connecting with the Woodward avenue sewer. 3. Four-foot sewer up St. Antoine street, from Fort street to Clinton street. 4. Three-foot sewer up St. Antoine street, from Gratiot street to Elizabeth street. 5. Four-foot sewer up Woodward avenue, from its present terminus to Park lot No. 18. 6. Extension of Brush street sewer to north side of High street. 7 Extension of Rivard street sewer to no rtherly side of Gratiot street. 8. Extension of Sixth street sewer up Grand River street to Seventh street. 9. Three-foot sewer up Seventh street, from Labross street to northerly line of Michigan avenue. 10. Two-and-a-half-foot sewer up Bates and Farmer streets, from northerly side of Michi gan avenue to westerly side of Monroe avenue. All of which is respectfully submitted. W. H. CRAIG, Chairman. Ald. Reaume moved to lay on table. Lost. Ald. Gibbings moved to amend by extending Cass street sewer to Grand River street. Ald. Doyle moved to amend by striking out Witherell street sewer. Carried as follows: Yeas-Cicott, Doyle, Duncan, Gibbings, King, Marsh, Martin, Reaume, Mayor-9. Nays-Craig, Dudgeon, Dyson, Lacroix, Niles, Sheley, Thompson-7. Ald. Gibbings' amendment was then adopted. Ald. Doyle moved to amend report so as to extend Riopelle street sewer from Larned to Clinton street. Carried as follows: Yeas-Cicott, Doyle, Dudgeon, Duncan, Gib. bings, King, Lacroix, Marsh, Martin, Niles, Reaume, Thompson-11. Nays-Craig, Dyson, Sheley, Mayor-4. Ald. Dudgeon moved to strike out the outlet to Woodward avenue sewer. Carried as follows: Yeas-Cicott, Craig, Doyle, Dadgeon, Dyson, Lacroix, Martin, Reaume, Sheley, Thompson-10. Nays-Duncan, Gibbings, King, Niles, Mayor -5. Ald. Doyle moved to amend by adding exten. sion of Guoin street sewer from Rivard to Riopelle street. Lost.as follows: Yeas-Doyle, Duncan, Marsh, Martin, Reaume -5. Nays-Cicott, Craig. Dudgeon, Dyson, Gib bings, King, Lacroix, Niles, Sheley, Thompson, Mayor-11. Ald. Sheley moved to reconsider vote striking out Witherell street sewer. Carried. The report was then amended so as to include the extension of Witherell street sewer. Carried as follows, Ald. King and Reaume being excused: Yeas-Ald. Cicott, Doyle, Dudgeon, Duncan, Dyson, Gibbings, Lacroix, Niles, Sheley, Thompson and the Mayor-11. Nays-Ald. Craig, Marsh and Martin-3. Ald. Cicott moved to amend so as to add Beaubien street sewer of five feet diameter from Atwater street to the Detroit river. Carriedyeas-15; nays-Ald. Craig-1. Ald. Martin moved to add to report, that a three feet sewer be constructed on Michigan Avenue to commence at Sixth street and con nect with Fourth street sewer. Lost as follows: Yeas-Ald. Cicott, Doyle, Duncan, Dyson, Marsh, Martin and Reaume-7. Nays-Ald. Craig, Dudgeon, Gibbings, King, Lacroix, Niles, Sheley, Thompson and the Mayor-9. Ald. Marsh moved to reconsider the vote by which the Woodward avenue outlet was stricken out. Ald. Doyle moved to amend by reconsidering the vote by which the Guoin street sewer was lost. Ald. Craig moved to amend by striking out Rivard street extension. Ald. Dudgeon here called for the previous question. The call was sustained and the amendment decided out of order. The report, as amended, was then adopted: Yeas-Cicott, Craig, Doyle, Dudgeon, Duncan, Dyson, Gibbings, King, Lacroix, Niles, Sheley, Thompson-12. Nays-Doyle, Martin, Reaume, and the Mayor -4. UNFINISHED BUSINESS. Ald. Doyle moved to take up the claim of John Riley. Motion lost. RESOLUTIONS. By the Recorder, Resolved, That the City Clerk be, and he is hereby, directed to give the necessary notice for a special election, to be held in the 3d Ward, on the 15th day of May next, at engine house No. 3, for the office of Alderman, in place of Anthony Dudgeon, removed from said Ward. Laid on table. By Ald. King, Resolved, That a commission of three citizens-namely, E. B. Ward, Duncan Stewart, and Samuel Lewis, Esqrs-be appointed to act with the Committee on Streets, in reference to establishing a line of uniformity on the river frontage of the city, and to recommend a plan for the construction of docks. Adopted. By the Recorder, Resolved, That the Marshal be instructed to enforce the ordinance relative to the sale of horses and cattle on Campus Martius. Adopted. By the Committee on Taxes, Resolved, That the City Comptroller be, and he is hereby, authorized to cause to be carried out in proper columns of the tax rolls of the present year, the amount of highway, sewer, school, and city taxes which may be authorized to be assessed, levied and collected, for the year 1856, and, for that purpose, he is hereby further authorized to employ the necessary assistance, and have a supervisory control over the same. Adopted. By Ald. Craig, Resolved, That the Committee on Markets be instructed to construct four tables in the Vegetable Market. and are hereby authorized to rent the same. Adopted. By Ald. Lacroix, Resolved, That the Street Commissioner is hereby directed to make an immediate assessment of all side walks referred to him, with pe titious from the Fourth Ward, forthwith. Adop. ted. Resolved, That the Committee on Ways and Means be instructed to report to this Council whether, in their opinion, T. Ulrich should not be allowed $1 50 per day for his services in taking care of the City Hall offices. Adopted. By Ald. Reaume, Resolved, That the Street Commissioner cause the bridge on the corner of Jefferson avenue and Riopelle street to be repaired forthwith. Adopted. Ald. Dudgeon announced that he was about to remove from the Third Ward, and that his seat in the Council would become vacant. Ald Martin offered the following substitute for a resolution offered by the Recorder: Resolved, That the thanks of the Council he, most respectfully tendered to Alderman Antho ny Dudgeon, for the gentlemanly and energetic manner in which he discharged the duties appertaining to his office as a member of this Council. Adopted. Adjourned. RICHARD STARKEY, City Clerk. COMMON COUNCIL. MAY 6, 1856. The Council was called to order by his Honor the Mayor, Hon. O. M Hyde. Present-The Recorder and Aldermen Cicott, Craig, Doyle, Duncan, Dyson, Gibbings, King Lacroix, Marsh, Martin, Niles, Reaume, She ley, Thompson. PETITIONS. Of James Shearer, for permission to connect with sewer in rear of Rotunda building, lot No. 62. Granted, under superintendence of Superintendent of Sewers. Of H. P. Baldwin and others, owners of real estate on Woodward avenue, for paving of Wood ward avenue from Grand Circus to termination of brick sewer on said street. Of John C. Sabine and others, remonstrating against same. Both referred to Committee on Streets. Of Cabinet Makers' Association, that all furni ture to new offices be supplied by the lowest bid. der. Referred to Comptroller. Of W. H. & B F. Wright & Co., for the Coun cil to take action to prevent street sprinklers from taking water from the hydrant corner of Michigan and Monroe avenues. Referred to Marshal. Of Charles Roe and others, for six foot side walks on south side of Clifford street. Referred to Street Commissioner. Of S. B Morse and others, for six foot walk on the westerly side of Russell street. Same refe rence. Of T. J. Campau to enter John R. street sew er from lot 28, sec. 11. Granted under direc. tion of Superintendent of Sewers. Of Mark Flanigan, for repayment of a portion of stall rent. Referred to Committee on Markets. The following communication was received: DETROIT, May 6, 1856. To the Hon. the Mayor and Common Council of the City of Detroit: I bave the honor to report to you that at a meeting of the Fire Department, held at the Firemen's Hall last evening, James E. Whalen was nominated to fill the vacancy in the office of 2d Assistant Engineer, oceasioned by the resignation of Joseph A. Jenkins. I am, respect fully, &c., C. S. COLE, Secretary. Nomination confirmed. REPORTS. From the City Comptroller the following accounts audited: David Kendall, repairs of walks, &c., $27 01; Atkinson & Co., resetting glass in engine house No 2, 62c.; do. for view of city of Detroit sent to Portland, boxing and express charges, $40 50; do. tassels and cord and hanging views in City Hall, $4 95; F. F. Allison, making out notices in the matter of widening Beaubien street, $15 00: Thomas Mathews, 52 weekly reports of interments in Elmwood Cemetery, $52 00; John Farrar, assisting assessor of Third Ward, $60 00; F. E. Eldred, six months' rent on Chene farm, $25 00; David Kendall, collections of City Collector on side and cross walks, $420 70; F. F. Allison, indexing city records, $30 09; Wm. Knowles, boxing 47 trees in West Park, $20 78; do. repairs of dock foot of Griswold street, and Cemetery fence, $2 75; John Doty, labor and materials in whitewashing City Hall effices and markets, $98 81. Referred to Committee on Ways and Means, with power. To the Hon. Common Council: The City Attorney and Recorder, to whom was referred the petition of N. P. Stewart, Esq, asking for a change in the assessment rolls of the present year, bave the honor to report against the prayer of the petitioner, for the following reasons: 1st. Because it does not appear that he obected to the assessment complained of before the Board of Assessors; he, therefore, does not come before the Council as an appellant from the decision of the board. 2d. Because, if he is an appellant, he did not appeal in the time prescribed by law—that is, "at the next regular session of the Council, after the two weeks in which the Board of Assessors are to sit." 3d. Because the Council have, in the words of the statute," fully and finally confirmed " the assessment rolls. They, therefore, are now the rolls for the present year, and beyond the power of alteration. J. LOGAN CHIPMAN, City Att'y. HENRY A. MORROW, City Rec. Read first time and laid on the table. Detroit, May 5, 1856. To the Hon. Common Council of the City of Detroit: The City Attorney, to whom was referred the petition of Alex. W. Copeland, for an ordinance permitting the manufacture and sale of patent or machine bread, in loaves of one and a half pound weight, has the honor to report in favor of the prayer of the petitioner, and herewith transmits to your Honorable body an ordinance upon the subject. Respectfully, &c., J. LOGAN CHIPMAN, City Att'y. Read the first time and laid on the table. CITY ATTORNEY'S OFFICE, DETROIT, May 6, 1856. To the Honorable Common Council: In compliance with your instructions at a re cent meeting, I have the honor to transmit to your Honorable body "An ordinance relative to chain gange." I have embodied in it all the power the Coun cil possesses over the subject under the charter, because my instructions were of a general nature, and seemed to leave nothing upon that point to my discretion. I beg leave to suggest, however, that there is an impropriety in subjecting persons imprisoned or fined for the petty offences which constitute the criminal jurisdiction of the Mayor's Court to so humiliating a punishment. It will be remembered that most of the convictions in that Court are for acts which in themselves lack the moral elements of crime, and are only wrong because the ordinances prohibit them. To make persons found guilty, under such circumstances, exhibit themselves in the public streets in the company of really vicious and irreclaimable offenders, as members of a chain gang, seems both cruel and impolitic. The tendency would be to degrade and humiliate them, and would so ruin them in public estimation as to make crime a necessary pursuit of their lives. J. LOGAN CHIPMAN, City Attorney. Read first time and laid on table. To the Hon. Common Council: The Alderman of the Third Ward and City Attorney, to whom was referred the petition of Henry Geuisse, complaining that persons had entered a private drain belonging to him without his consent, and praying the Common Coun cil to appoint some one to assess the damage occasioned thereby, report that said drain was built by Mr. Geuisse and that he sold to Mr. Beecher a joint right therein with himself; that the parties who have entered the drain have done so under some arrangement with Mr. Beecher, who, as joint proprietor, is competent to make any arrangement he pleases, and cannot be interfered with by the Council; and that if Mr. Beecher does anything as a joint proprietor of said drain which affects Mr. Geuisse's rights as the other joint proprietor, it is a matter to be settled between them without the intervention of your Honorable body. E. V. CICOTT. J. LOGAN CHIPMAN, City Att'y. To the Honorable Common Council of the City of Detroit: The Recorder and City Attorney, to whom was referred the petition of the legal representatives of James Girardin, deceased, report, That the facts in regard to the claim on which said peti tion is based, are as follows: Jacques or James Girardin, the ancestor of the petitioners, was a resident of, and owned and in habited a house in, the old town of Detroit, at the time of the great fire of 1805. In 1806 Congress passed an act authorizing the Governor and Judges to lay out and establish a new town, and to grant to each person above the age of seventeen years, who owned or inhabited a house in the old town, at the time of the fire, a tract of land. Under this act, by the very terms of it, Girardin was entitled to a grant. Accordingly, after the Governor and Judges had proceeded to lay out the town and had commenced to ascer tain who should receive these grants, or donations, as they were styled, Charles Francis Girardin, father and administrator of James, who was then deceased, by a notice dated December 20th, 1808, informed the Governor and Judges that his son's estate was entitled to a lot under the act of 1806. This notice is now in the files of the Comptroller's office with other papers of the old Territory, among which were are two lists of persons, the first of those whose houses were destroyed by the fire of 1805, the second of those who were entitled to draw lots under the law of 1806, in both of which the name of James Girardin or of his legal representatives occur. Here the chain of proceedings is broken, and we do not find that any drawing of a lot was made by the Girardin estate, or that any lot wes in direct terms designated for that purpose; but we discover an unexecuted deed of the Governor and Judges to the legal representatives of Girardin, granting to them lot 47, in Sec. 8, of the city of Detroit, the same now claimed by them, in their petition. Appended to this deed is a certificate of the surveyor of the metes and bounds of said lot, dated February 16, 1809-more than a year after the filing of the notice-and endorsed upon the back of it are the following words: "Deed of the Governor and Judges of Michigan to the heirs of Jacques Girardin, deceased-lot 47, Sec. 8." It seems then that the Governor and Judges had the claim of Girardin before them; that they included his name in the list of persons actually entitled to lots, and that the initiatory steps taken to grant to his heirs the lot already described. From these facts it is a fair and natural presumption that his estate had, at the time this instrument was drawn, estab lished a claim, and under it was to receive said lot. Why the deed remained unexecuted we are unable to discover, and we deem it proper to remark, that it might have been for some reason in which the sound and legal dis cretion of the Governor and Judges was exercised. It is certain, however, that in all further proceedings in regard to this lot, it was treated as one already disposed of. In the elegant and masterly review of the affairs of the Governor and Judges relating to this subject, made by his Honor Ross Wilkins, in a report to the Common Council in 1837, we find a list of all the lots then undisposed of; but this one is not included in it. In 1845. after the act of 1842 had clothed the Common Council with jurisdiction over the claims unsettled by the Governor and Judges, the Council published a notice in the city paper, requiring all persons claiming certain lots therein named, to appear and present their claims. Among the lots thus named was lot 47 sec. 8. It seems, then, that at that time this lot was deemed subject to the claim of some one, and throughout the proceedings of the Land Board from their organization, it has been so regarded and it was under this impression that that body in 1846 conveyed it to one Charles Stew. art, in trust for the legal owners, or claimants.— It has ever since been held under this conveyance; the history of which, as set forth in the deed from which we quote, is as follows:"Whereas the execution of said trust (the trust reposed in the Governor and Judges by the act of 1806) by said Governor and Judges has not been fully perfected, and errors have been found to exist in carrying out the same, and it is deem. ed necessary by the present Board for the quieting of titles and the purposes of substantial justice to interpose their action in the premises, in the cases requiring it; and whereas it appears, that the said Governor and Judges, on the 11th day of February, 1807, deeded to Charles Stewart lot forty-seven (47), in section eight (8), by the old plan of Detroit, which lot became lot forty-nine (49) in section eight (8), by the new plat of Detroit. and the said Governor and Judges, on the 29th of March, 1822, deeded to Thomas Rowland said lot 49, in section 8, new plan, and that said lot 47, section 8, new plan, was located and occupied by said Stewart and his parties, as the lot deeded to him Feb. 11th, 1807," &c. The deed then goes on to convey lot 47, new plan, to Stewart, in trust, as already set forth. It seems then that this lot 47 was actually located by Stewart as the one deeded to him in 1807-probably before the change in the plan, and before the time that lot 49 was deeded to Rowland in 1822 Stewart was entitled to some lot. The one which he had drawn was deeded to Rowland. In order, therefore, that his claim might be satisfied, the Council conveyed to him in trust the lot he had actually, though mistakenly located, to which the Girardin estate had a claim. The question now arises, had the Council a right to convey this lot in the manner they did? All the power they possessed in the premises is that given by Sec. 1 of the act of 1842, and is in the following phraseology: "The Mayor, Re corder and Aldermen of the City of Detroit, in the State of Michigan, be, and they, or a quo rum of them in Council assembled, are hereby authorized to hear, examine and finally adjust, all claims arising under the act to which this is supplementary, (that is under the act of 1806,) against the Governor and Judges of the late Ter ritory of Michigan." The words do not convey to them any new power-do not permit them to take the initiative in the acquirement by parties of new rights. They are confined to claims arising under the act of 1806 against the Governor and Judges, officers who no longer existed Their jurisdiction, then, was as to matters already pending They had an undoubted power to dispose of all unde cided claims under the act of 1806-in the lan guage of the act of 1842, they may "foally ad just" such claims. How they are to do it is not specified. Within the bounds of their authority a large and final discretion was vested in them. It becomes, therefore, a serious question whether, by the trust deed to Stewart, thy have not parted with all their right to act in this particular case. We do not deem it necessary to decide this question, because we think no injury can be done by granting the prayer of the pe titioners. We have suggested it, because we deem it proper to place before you every point which occurs to us in the case. We are quite clear, waving the legal doubt as to authority, that the Council ought not to have conveyed the Girardin property to Stewart-although they did it in trust It was perhaps as well devised as any expedient could be to defeat, in the future, the great object of their action in the par ticular case, "the quieting of titles." It would have been far more politic, and in view of the long possession of Stewart, and the unaccounta ble neglect for so many years of the Girardins to prosecute their claim, to bave given Stewart an absolute deed. We do not doubt that then their action would have been legal and final. As it is, ten years have elapsed since the execution of the first deed to Stewart. He is no longer a resident of Detroit, and is said to be deceased.— Other parties have acquired rights to the property, and are now in the enjoyment of it, after having for years borne the public burthens placed upon it by the city and State, and have in various ways improved it and increased its value.During all this time the Girardins have done nothing-made no efforts, so far as we can learn, to assert their rights. We do not state these facts as opposition to their claim, but as circumstances entering largely into the equities of the case, which in your discretion you may notice; for we regard the matter as entirely in your dis a cretion. If the Girardins have any rights they were saved to them by the fact that instead of an absolute conveyance in fee, Stewart received conveyance in trust. We think the city cannot be injured by giving to the petitioners a simple quit claim deed. It would have pleas ed us if they had resorted to the Courts before they came here. For these we think they can obtain relief if they are entitled to it; while we are certain that the case would have received a more searching investigation than could be bad before your honorable body. If any deed is given to them we reccommend it be to the heirs at law of Jacques Girardin, deceased. All of which we respectfully submitt HENRY A. MORROW, Recorder. J. LOGAN CHIPMAN, City Attorney. May 6th, 1856. Laid on table and ordered printed. From City Collector, assessments on cross walk assessments of 1855, $53 22; side and cross walks, previous to 1855, $254 17; do. in 1855, $517 321; delinquent assessments on side and cross walks. $307 63; do. for assessments in 1855, $5 54; do. in 1855. $133 46, collected for paving, side and cross walks, with amount uncollected. Referred to Committee of Ways and Means. To the Honorable the Common Council of the City of Detroit: Gentlemen-In compliance with the ordinance relative to the Fire Department, it becomes my duty to report to your Honorable body the amount of losses by fire the past year, the amount covered by insurance, and the origin of each fire as near as may be, the names of the members of the several fire companies, and the condition of the engines and apparatus that may be used by the Fire Department. I would therefore report that during the past year the Fire Department have been called out 59 times, as follows: Fires when the engines were used, 26 times. False alarms, 10 2 8 17 With this report, you will find a detailed statement of the origin and amount of loss at each fire, a description of property destroyed, the names of the owners thereof, and the amount of loss covered by insurance as near as can be ascertained: Total amount of loss at 35 fires, $37.913 00 Amount covered by insurance, $12,283 00 Of the above, $23.500 00 is put down as the Amount of loss at the fire Sept. 3, 1855, of G. O. Williams' warehouse. The amount of loss is $22,878.00 less than the year ending April 12, 1855. Number of buildings totally destroyed, including barns and sheds, Number partially destroyed, Slightly injured, CAUSES OF FIRES AS FOLLOWS: 14 13 18 45 Defective chimneys, 10; incendiaries, 9; caught from stove pipe being placed too near |