Newspaper Page Text
A regular meeting of the Council f
the village of Cheboygan was held at the
Council Koomspn Tuesday evening, April
15th, 1881. " '
Minutos of last regular meetings read
Present Trustees Blake, McArthnr.
Hayes, Kitchen, Wharton and Attorney
Absent President Frost and Trustee
The Council, was called to order by
the Clerk,-and on motion Trustco Whar
ton appointed President pro torn.
From Christopher Osier, asking for
appointment of Nijjht watchman. Re
ceived and laid an tho table.
From Howard Lynn, asking for ap-
fiointmeat as Marshal, Received and
aid on the table.
' Fiom It. Patterson, asking permission
to raise tho roof at the rear cud of his
store building, on tho west slda of Main
stroet, now occupied by McDonald &
From Geo. MeAidle, asking for tho ap
pointment as janitor of tho Town Hall.
' Received and laid on the table.
From Sanford Baker, E. Kelson and
others, asking for repairs on C. D and
Third it re eta, la West Duncan. Referred
to Committee on Streets and Sidewalks.
From N. Bigger, J.F. Snow and others,
asking that Pine street be graded from
Ball street to the railroad, Horno street
opened up, and that crossing bo put in
on Ball street. Referred to Committee
on Streets and Sidewalks. j
To the Hon. the Council of the Village of Che
boygan. Gentleman: it a meetiaB of tho
board of Water Commissioner! held this
4th iuy of April 1884, the following ftc
eunts were credited and payment ret
ommeaded, and the follow lug resolution
Harry Henshaw, For IS cords of woods at $1.00
per cord $13.00
John Dikeman, For gathering and storing
Hydrant boxes $1.50
By Commissioner Perry.
. Whereas, Neil Haaaey, Fred Kelson,
Davtti Ceatln, Fred Twomey, Edward
McCann and James Lyons, residing on
Cass street, and the alley between block
1 and 7, MoArtkur Smith & Co.'s 1st ad
dition, and desirous of hating a water
main laid on the easterly side of Cass
street and the northerly eide of said al
ley, to enable them to obtain a supply of
water for domestic purposes. Therefore
Resolved: That said Neil Henessy and
Others be, and thoy are hereby permlttid
te cennect a main with the 4 inch main
on Black River Avonue, and extend it
along the easterly side of Cass street to
the alley between blocks 3 and 7, in Mc
Arthur Smith & Co.'s 1st addition, thence
easterly along the northerly side of the
alley to a point opposite the line between
lots 6 and 7, In said block 3, in all about
325 feet, upon the conditions following.
The construction with the main on
Black River Avenue shall be by means
ef 2 one inch corporation cocks, placed
not less than 2 teet apart, these to be
connected by means of strong lead pipe,
1 inch in diameter and necessary attach
ments with a 2 inch wyk-eff pipe. In
each of the connecting pipes shall bo a
stop cock. The balance of the pipe shall
be 2 inch wyk-off pipe, at the angle shall
be placed a 2 inch cast iron tct. the pipo
shall bo laid at least 4 feet below the
surface of the ground and in ever re
spect as the board of U tter Commission
ers 6hall direct. The whole expense
connected with such pipe and castings
and the putting of it in, shall be borne
by the parties abo70 named, and shall be
well and securely done, and to the ap
proval of the board of ' water commis
sioners and when completed shall be
long to the Village and subject to the
same use. rules and regulations, as the
other mains throughout the Village and
none of said parties shall have any
claim against the Village of Cheboygan,
or the beard of Water Commissioners
for any part of the expense connected
with the putting In of said pipe, but
eaah party contributing towards the ex-
Eease, shall be credited with the amount
e shall have paid, and shall be entitled
to receive water from the pipe so put in,
but from no other pipe, such a length of
time as would be covered, to equal the
amount so paid if he were charged the
the regular price for the water under
the regulations or water rent.
Resolution passed unanimously.
All of which is respectfully submitted.
April 4th 1884.
V?';l'LL' Board of Water
From the Village Attorney
To the Hon. the Ceuncil of the Village of Cho-
Gentlemen: In relation to the suit of
Joseph N. Perry, tried at the last term
of the Circuit Court I have to report that
the trial resulted in a judgment in fa
ror of Mr. Perry, in the sum of $100. 25,
In view of the importance of thia de
eieion as bearing upon the liability of
ine village to compensate its officers, I
deem it my duty to report fully to the
. Council the reasons and rules of law,
entering into the the cause of the vor
diet against the village, as held and
laid down by the Circuit Judge.
The Council will remember that Mr.
Perry presented a elaim against the vil
lage amonatiag to $100 for his services
as a member of the beard of Water Com
missioners, which was finally referred
to the Doara or water commissioners
and the board reported la favor of pay
Ing the claim, that upon such report
the Council agreed to, aid did pay him
S50 dollars. Mr. ferry did not feel sat
lsfled, and commenced salt ngainst the
r It will doubtless be remembered also
; that no salary was attached, or rather
! that the Council bad never seen fit to fix
a salary for members of the Board o: Wa
ter Commissioner. By referring to Sec.
8 of ordinance Nc. 2)., you will observe
that members of the Board of Water
Commissioners are prohibited from be
ing intomtcd in any work on account
of lbs vratpr works etc.
Mr. Parry claimed oil the trial tha-t he
was entitled to recover frcm the village
fr hi3 services an account of his of
ficial position as a member of tho Board,
and also for his services in connection
with tho constriction of tho works and
distinct from his ofllcial duties.
1 claimed In behalf of tho village:
1st. That the absolute and only au
thority to fix salaries of the Board of
WaterCcnimissioncra was vested in the
2d. That tho Council were under no
obligation to pay any salary.
yd. That no member of the Board
could claim nny pay for any services
outside ofileir.l duties, when such servi
ces were performed iu connection with,
and by reason of hU o.lleial position.
4th. That no member of tho Board ean
claim pay fcr his services.
txh. Tint before suit could Jjo main
tained, the claim upon which it i9 found
ed must first bo presented to tho Coun
fith. That Mr. Tcrrv having presented
his claim at thy s.im of $100, could not
claim a iargs-r or different suin.-
7th. That us Mr. Perry never made any
charge for hi3 services at tho time they
were rendered, and than presented his
claim fci $100 that any servico3 per
formed beyond the $100 in value rcceiy
ad have been done gratitonsly.
The Court held that r.3 tue salary or
the Board of Water Commissioners had
not been fixed by the Council before
tho services were performed, Mr.
Perry had a right to recovor from the
village, what his services were worth,
and charged the jury as ftllowc:
1st. "ine niaintic is entitled to re
cover what his cervices were reasonably
worth &3 such Commissioner, and what
such official seryices were worth, yeu
mist determine from the evidence In
the ease." ? '
2d. "In the matter of tho services rend
ered at request of the Board of Water
Commissioners, he is entitled to recover
what those serviecs were worth.
I think tho foregoing is the position
in substance, taken and occupied by all
parties upon the trial, and of course tho
verdict of the jury under the charges as
given by the Court could not hare boon
materially different than as stated,, for
I presume no one will deny that bis v?f-
vices were actually worth moretinan
the Council allowed. But I presnmt
when the Council allowed thj $50,
that they hp d in view the fact that each
member of that body was required to do
a large amount of work for which they
received no compensation, and though
the members of the Board of Water.Com
missioacrs should in a measure demon
strate their patriotism in working for
the village without much compensation.
The question naturally suggests itself
now, what is to be done under the cir
My judgment and opinion Is that the
ease should be taken to the Supreme
Court, and the lejal questions involved
passea upon by that tribunal, - and for
very many reasons, among which are:
1st. That the Circuit Court erred in
holding that because the salary had not
been fixed by tho Council, the plalntlil
was entitled to recover.
2d. That the Court erred in holding
that the plalntlil was entitled to retover
fer any unofficial services performed at
tin request of the Board of Water com
nilssioaers cspeeiallyin view of the pro
hibition provided by ordinance.
If the law governing such cases is as
laid down by the Circuit Court, and the
rule as settled by tho Court prevails,
there appears to me to be the cause for
grave apprehensions as to what kind of
and how mueii litigation the village
may be involved in, for it must be borne
in tiind that Mr. Perry only sued for
one years salary and services, while his
second year is practically endsd, when
he would have the right to maintain
another action, and also that there are
two other members of the Board, with
their hands wide open ready to receive
their pay for two years services each.
and farther l think a fair construction
of a portion ef the mlinsra of the Court
rwoufd warrant members of the Council
in demanding pay for much of the
work done by them outside their official
duties, because it is hard to discover
whetein a considerable part of the work
performed by Mr. Perry in its relation
to his official duties, 'differs materially
from much work performed by members
or ine council.
4th, In lay judgment tho many legal
propositions layolyed, and saved on the
trial, in their hcarlag upon the future
actions of the Council are of sufficient
interest and importance, to make it ad
visable to obtain a decision from the
Supreme Court, even if the very worst
consequences should happen, viz an af
firmance by that Court of Mi. Perrys
Now gentleman I have endeavored to
present the Fit nation to you in a clear
and comprehensive manner, and have
simply to again advise the removing the
case to Supreme Court, and after listen
ing .to the arguments of Mr, "Perry's
Council and the reasonings of the Court,
and a dne consideration of the matter,
uanematlngly give It as my opinion
that the Supremo Court will reverse the
April 14th. 1834.
Geo. W. Bell
Report received and laid on the table.
To the Hon. the Council of Chehoygaa Village.
Gentlemen: Your committee on Streetf
aad Sidewalks whom was referred the
petition of R. M. Thompson and others
for the eonstrnctlon of a sidewalk on
the west side of Dresser street between
Third street and Black River Aveme,
respectfully report in favor of granting
ine prayer or the petitions.
Cheboygan, April 15, 1881.
H. A. Blake
Geo. G. Wharton.
TELE NORTHEBN TRIBUNE,
Report received. , I
By Trustee McArthur
Resolved. That a eldowalk ha con
structed six feet in width on the West
side of Dresser street. Commencir.cr nt
the curb line of Third street (North side)
thence extending and running Norther
ly on the Western line of Dresser street
to connect with the sidewalk in front of
R. M. Thompson's premises, and to be
constructed in front of lots 1, 2 and 3,
block 1, R. Patterson's first addition.
Resolved further. That the Street Com
missioner be and he is hereby directed
to notify the owners, agents r occu
pants of the lots and premises on the
Westerly side of said Dresser street and
within the limits and between the points
above mentioned, to construct new
sidewalks in frout of such lots and
premises within fifteen days from the
time of service of such notice.
Resolved further, In cas$ the owner.
agent or occupant shall rofiisa or neg
lect to construct such walk according to
tho exigency of such notice, then in
such case said sidewalks are hereby
ordered to be constructed under the di
rection ot Street Commissioner as pro
vided in Ordinance No. ti, entitled "Rel
ative to side and cross walks." Adopted
as follows: Yeas. Trustee Blake.
MeArthur, Kitchen, Hayes and Wharton.
claims and accounts.
Tho following bills were presented
Win Harrington, hoarding prisoners.. $82 03
Fred Fife, justice foes 25 00
Smyth & Co, stationary, Ac 8 75
Mcl)onald St Cueny, spades 8 00
On motion the report of the Villaze
Attorney was taken from the table.
W hereupon, on motion of Trustee
Kitchen, it was voted that, the Village
Attorney be authorized and empowered
to offer Mr. Perry tho sum of fifty dol
lars In fnll of bis judgment and claim
against the village, and in case Mr.
Perry shall accept that sum tho Clerk
is authorized to draw an order for tho
came; and in case Mr. Perry deellnes to
accept that sum, then tho Village
Attorney is authorized and directed to
take oat a writ of error and remove the
case to the Supreme Court.
To the Hon. the Council ef the Cheboygan
viuage: . .
Gentlemen: Complying with vour res
olution of April 1st, I have drafted and
heratrlth present for yonr consideration
an ordinance entitled "An Ordinanes
Rolatlvo to Sentencing Offenders and
for Heeding Them at Labor."
caeooygan, April l&tn. 1SS4.
. ' , Respectfully, Ac,
. Geo. W. Bell,
Renort received. Whareunoa Trastee
Kitchen asked and was granted leave to
introduce said ordinance, which orul
nance was then read and is as follows:
An Ordinance relative to Sentencing Offenders
ana ior seeping laem at tiaoor.
The Village of Cheboygan Ordains:
Section 1. When any nerson shall hA con
victed before a Court of coiauetent lurisdiction.
upon a inai ior a violation or the provisions of
rut oi xne ordinance or uv-iaws or this vti.
kge, and sentence : imprisonment shaJl be
aajuagea, ror no'i-ii-i.nnentof a fine or other
wise, the court before ,rhom such conviction
shall be had may, and in case of a second or
suunequvuk couvicuou ior me same onence
shall, make a further sentence that the nerson
so convicted shall be kept at hard laW during
Sec. 2. Whenever any person shall bo sentenced
to be kept at bar labor under the provisions
oi me preceding section, and who shall be ca
pable of performing such labor, it shall be the
duty of the Marshalof the vilhge to see that
such person is kept at hard labor during the
term of his imprisonment so far and to such
an extent as Is practicable, either within or
without the place of his confinement.
Sec. 3. The Marshal shall cause all persons
sentencad to be kept at hard labor, and who
shall be capable of performing such labor, to
vv employe! upon any oi the public avenues,
Btreets, alleys or other works of the village,
whenever it shall be practicable in the liuhr-
inent of the Marshal to cause thorn to be eo
employed ; and whenever in his Judgment it
shall be impracticable to cause such persons to
be employed on the public avenues, Btreets, al
leys or other works of the village, then the
Marshal shall cause such persons to he em
ployed at such other work as he can procure
for their employment, upon such terms as may
be agreed ueon between the Marshal and the
1oreon under whose direction the offender shall
Sec. 4. Whenever any person shall be put at
labor outside the place of his confinement un
der the provisions of this ordinance, the Mar
shal shall take such precaution, and adopt such
means as he may deom necessary to prevent
the escape of such person.
Sea 6: Whenever the Street Commissioner
of tho- village sha!l be . employed in
work upon the public avenues, streets
and alleys of the village, the Marshal
may pui into nis custody, charge and care, any
person or persons sentenced to hard labor un
der the provisions of this ordinance, and it
shall be the duty of the Street Commissioner
in such case, to receive such person or persons
and cause them to perform such work and la
bor as they may be capable of doing. And the
Dtreet uommissioner or me village is hereby
authorized, empowered and reoulred to re
strain and prevent any such persons from es
caping, and to Barely keep all such persons and
Burrouoer mem i mo aiarsnai, when the Mar-
an ai siiau require.
Sec. 6. Whenever person shall tin antr
tenced to imprisonment for non-payment of
fine and costs, or either, and shall be employed
at hard labor, pursuant to the provisions of this
ordinance, he shall be allowed such Bum as the
Marshal may be able to obtain for his labor,
less the cost of his support, and in case such
person shall bo employed upon work for the
village, thon he shall be allowed such sum as
the Street Commissioner or other person In
charge of such work for the village, shall
determine his services are worth, less the costs
or an support, and when he shall have earn
cd the nmouDt tt such fine and costs, in
eluding the co6t of 1i!j support, he shall be
Sec. 7. This ordinance shall take effect on
the ' day oi , 1884.
Moved and support d that th unniin.
tion of Geo. MeArdlo be taken from the
On motion Geo. McArdle was appoint
janitor of the Tewn Hall for the eisn
ing year. . '
Moved and sup nor lod that Edward pa,
quette,. Owen Murphy and Welcome
Wedge beg appointed nightwatehmen
during tho pleasure of the Council. Car-
Moved and supported that Geo. Pa
(Continued on paged.)
CITY DRUG STOKE.
KEEP A LAltGE STOCK OF
At Wholesale . if3i?0?i
Prescriptions Carefully Compounded hy a ( I en t Druggist.
W. H. BUNKEK, Proprietor.
Built to order
Of all kinds promptly attended to.
In abundance, plenty of Yard room and
a large force of skilled workmen.
Wok done promptly and in a satisfactory
SSjgYard on east side of Biver, opposite
THOMPSON SMITH, Proprietor.
Desire to call the attention of the citizenaof Cheboygan, Duncan City and Sur
rounding country to the Large and n eJi-8iectcu btoct of
Dry fioods, Groceries, Clothing,
BOOTS and SHOES,
AND FURNISHING GOODS FOR LADIES 1 GENTS
We have received by the early boats, a Full Assortment of Seasonable Goods, and
the stock in eyery department is full and complete and will be kept so by
dally additions, thus giving our customers the benefit of a
choico line of goods from which to make
Will always compare favorably with those of our competitors, whilo the Large
Assortment of goods give our patrons a better opportunity of making
. satisfactory selections.
This ethop is one of the best Tin Northern Michigan. We are prepared to do all
work in this line with dispatch. Heavy work, such as
Saw Mill Repairs dc Steamboat Work
THOMPSON SMITH, Propriotor.
LUMBER OF ALL EINSS
WHOLESALE AND RETAIL.
TMse Mills are the Largest and Most Complete In Northern Michigan, and the
cut the best. Correspondence regarding lumber by the cargo solicited. Cull
Lumber For Sale at Lowest, Market Prices at retail. Parties contemplating btild
Ing would do well to call and examine our stock.
i THOMPSON SMITH.
-r Si)Oii"es. Poii'miierv.
2ii---v'" ait., Ax.
v Y AKI
Bow Boats, .&c.,
on short notice.