A Midnight Council Fight Over Rails, Rubbish and Residency

The city council met in regular session on Tuesday night, all members being present. The minutes of the last regular meeting were read and approved.

A petition praying that the alley in block B of Scott's Second Addition be vacated was accepted, and objections will be heard at the first meeting in June.

A communication regarding the costs in the suit of Harry Saddler vs. the city, restraining the city from paying the Carter warrants, was read. The costs in the case were assessed at $18.60. Eckerson objected to the payment of the bill until it was explained that it was a decree of the court and must be obeyed. The clerk was instructed to issue a warrant for the sum. The decree of the court voids the warrants, and the holders are instructed to return the same to the city for cancellation.

The Idaho & Washington Northern Railroad petitioned for the vacation of certain streets and alleys leading from their main track to the state line near the Nagel residence. Caldwell moved that the petition be received. Carried. Eckerson moved that the hearing of objections be set for the first meeting in June.

The council took a recess before accepting the petition, and Mr. J. C. H. Reynolds, of the railroad company, explained just what the company desired. He had plats showing the location of the proposed line, and stated that the road would run almost altogether on property owned at the present time by the company.

A remonstrance was read from Philip Nagel and wife against the granting of a franchise to the railroad. It stated that the closing of a certain street would injure their property. Mr. Nagel will have an opportunity to present his objections at the first meeting in June.

At this juncture Attorney Sammons asked permission to address the council on behalf of the Commercial Club. He said that Messrs. Sherlock, Sutherland and himself had been appointed a committee by that organization to try to obtain the co-operation of the council regarding the improvement of the conditions of the streets and alleys. The alleys, or at least many of them, were filled with rubbish and offal. They were unsightly and unhealthy, and would be sure to breed disease unless something was done at once to place them in a sanitary condition. Pine and Fourth streets were also obstructed by logs and poles belonging to lumber companies, so that it was impossible for two teams to pass on them.

A general discussion followed the remarks of Mr. Sammons. The mayor stated that he had the contract for moving some of the poles that now blocked the streets, and that the work would be done as rapidly as possible. Mr. Reynolds said that the Panhandle Lumber Co., owners of many of the logs obstructing the streets, had let the contract for the removal of the same, and that where poles obstructed their right-of-way they would remove them at once, unless the owners did so.

The health officer was instructed to cause all alleys to be cleaned of offal, stumps, logs and other debris within ten days, and if the owner of the property did not attend to it on his orders to have them arrested and fined, on motion of Eckerson.

The finance committee reported favorably on the reports of the treasurer and clerk for the quarter ending April 1.

On motion of Eckerson the clerk was instructed to advertise for bids for the improvement of Fourth Street. One or two of the councilmen proposed that the bids for the construction of the walks and grading be let separately, but Eckerson stated that he did not think it was a practical idea, so the bids will be advertised for the construction of the improvement in its entirety.

The marshal was authorized to hire an assistant at any time that he was trying to corral a cow for impounding and the cow acted obstinate. One of the councilmen thought that the marshal could enlist the service of a small boy or boys in this work without expense to the city. Some of the other councilmen, who had been boys, thought that a two-bit piece would accelerate the work of the boys, however, and the motion prevailed.

The ordinance granting the Idaho Washington Northern Railroad Co. the franchise petitioned for was then read. Caldwell moved that the ordinance be accepted and passed to a second reading by title.

Attorney Sherlock, who stated that he represented the interests of the Spirit Valley Lumber Co., objected to the passage of the ordinance, as it would interfere with the switch track of his company that was already constructed. If the company would put in a regular crossing where they proposed to cross their switch, he would not object, but he desired to have the council protect the interests of his company.

A long discussion followed Mr. Sherlock's remarks. This was participated in by a majority of the members of the council and J. C. H. Reynolds, who represented the Blackwell interests. The latter gentleman stated that he considered the proposition of compelling his company to put in a regular crossing a hold-up. That his company owned the property on which the Spirit Valley mill was located, and that the lease of the company would expire within two years. Mr. Sherlock opposed the granting of a perpetual franchise, although all other railroad franchises in this city were perpetual.

On the second reading by title Caldwell moved that the ordinance be received and referred to the proper committee. This was adopted by a unanimous vote.

Attorney Sherlock then objected to the vote of Eckerson, as he claimed that the councilman was not a resident of Newport, but of Spirit Lake. Eckerson then withdrew his vote on the ordinance.

Eckerson then tendered his resignation to the council, and the mayor called for a vote on the acceptance of the same. On roll call Hynes and McInnis voted aye. Caldwell desired more information on the subject before voting. Hynes and McInnis then withdrew their vote and the question was left for settlement until the next meeting.

The following bills were read by the clerk: Post, Avery & Higgins, legal services in the case of H. Saddler vs. the city, $110.00; Shull's dray line, $1.00; Lund Hardware Co., supplies, $1.90; F. O. Mills, fare for indigent, $1.40; F. O. Mills, painting signs, $2.50; J. P. Berneck, pound fees, $4.00; Northern Electric Co., lights for April, $14.45. On motion the bills, with the exception of that of Post, Avery & Higgins, were allowed and the clerk instructed to draw warrants for the same. The attorneys' bill was held over until the next meeting, in order that the committee could consult with former Mayor Vawter regarding the agreement with the firm.

Caldwell stated that the contract between the city and the Northern Electric Co. had expired, and the proper committee was instructed to confer with the officials of the company and secure a proposition for lighting, and submit a report at the next meeting.

It being nearly midnight the council adjourned.