PROCEEDINGS OF THE CITY COUNCIL CHICAGO, ILLINOIS Regular Meeting, Monday, January 9, 1905. 7:30 O'CLOCK P. M. OFFICIAL RECORD. Published by authority of the City Present-His Honor, the Mayor, and Absent-Ald. Jones, Sindelar, Frie- stedt, Kunz, Brennan, Patterson, Sulli- MINUTES. Ald. Foreman moved that the minutes The motion prevailed. Communications from the Mayor, Comp- His Honor, the Mayor, submitted the (RECAP) MAYOR'S OFFICE, January 9th, 1905. ( Honorable City Council of the City of Chicago: GENTLEMEN-In accordance with law I hereby report to your Honorable Body the names of persons imprisoned for violation of city ordinances, who have been released by me during the three weeks ending January 7th, 1905, together with the cause of such release. Joseph Mikolsh, released for Ald. Hurt. Frank Clark, released for Ald. Doherty and Mr. Clark. Andy Powers, released for mother and cash paid $10. Roy Stafford, released for wife. Christ Madison, released for mother. Jas. Kidd, released for father. John Bunakowski, released for wife and Ald. Wendling. John Sweeney, released for wife. Frank Clifford, released for P. Carroll. Thos. O'Brien, released for wife. Patrick Lynch, released for wife and Ald. Harkin. Kittie M. Johnson, released for Supt. Sloan. Thos. Ryan, released for Rev. John Dore. Dennis Sheehey, released for wife. John Kroger, relased for Jas. Graham. Patrick Stack, released for Ald. Ryan. Thos. McCarthy, released for wife. Walter Biddle, released for Ald. Roo ney. Frank Morelo, released for wife. 'Geo. Black, released for Police Department. Mary Doe, released for A. H. O'Brien. Daniel Wall, released for Ald. Richert. Henry Radliff, released for wife. Patrick Collins, released for wife. Frank Ptaenik, released for Ald. Cullerton. Wm. Snyder, released for M. J. Doherty. Thos. Reilly, released for P. Carroll. J. W. Taylor, released for C. A. Wathier. Geo. Jennings, released for wife. Michael Cunningham, released for C. Timmin. Henry Wolf, released for father. Helen Woods, released for husband. Wm. Starr, released for mother. Agnes Shepetski, released for A. J. Sabath. Michael Clabet, released for John Hoyle. Fred C. Brockley, released for Police Department. Thos. Butler, released for J. T. Butler. Margaret Cunningham, released for Ed Carroll. John Armour, released for wife. Thos. Farley, released for John Farley. John Rohan, released for brother. Willie Moyguski, released for mother. Arthur Green, released for Geo. Terrell. Patrick Cooney, released for wife. Andrew Paulsen, released for Alex. Wisniewski. Patrick Gouley, released for Ald. Fick. Frank Heming, released for wife. ALSO, The following communication: To the Honorable the City Council: Hon. Carter H. Harrison, Mayor: DEAR SIR-I respectfully submit the following report of the court work of the Office of the Corporation Counsel for the year 1904. The total number of cases disposed of was one thousand two hundred ninetyfive (1,295), of which one thousand sixteen (1,016) were special assessment and condemnation cases; one hundred nine (109) cases were disposed of in justices' courts. Forty-four (44) Chancery cases were disposed of in the Circuit and Superior Courts of Cook County. Five (5) of these were lost by the city, of which three (3) have been appealed to the Appellate Court; two (2) of the cases won by the city are pending on plaintiff's appeal to the Appellate Court. Seventy-five (75) law cases were disposed of in the Circuit and Superior Courts of Cook County, twenty-one (21) of which were lost by the city. Four (4) of these were judgments against police officers for false arrests, etc., in which cases this department represented the officers.) The city has appealed eighteen (18) of these cases to the Appellate Court. Five cases won by the city have been appealed by the plaintiffs. Twenty-nine (29) cases were disposed of in the Appellate Court for the First District of Illinois, of which the city won nineteen (19) and lost ten (10). Six (6) of the cases lost by the city were appealed to the Supreme Court of Illinois, and two (2) of those won by the city were appealed by its opponents to that court. Thirteen (13) cases were disposed of in the Supreme Court of Illinois, the city winning five (5) and losing eight (8). Nine (9) cases were disposed of in the United States courts, the city winning six (6) and losing three (3). The following suits to recover alleged damages to property by track elevation were won by the city before juries in the Superior and Circuit Courts of Cook County: Koropp vs. City, case No. 196,363, Superior Court; elevation C. & N. W. Ry. tracks, $5,000. Gawlich vs. City, case No. 200,872, Superior Court; elevation same tracks, $5,000. Owen & Austin Elevator Co. vs. City, case No. 192,061, Circuit Court; elevation same tracks, $25,000. During the past year no judgments have been rendered against the city on account of damage to property by track elevation, except by order of City Council in settlement of two cases. No judgments were entered during 1904 against the city on account of damages by reason of the construction of the Northwest Land Tunnel (water tunnel), except by order of City Council in settlement of one case. The city, however, reversed the following two judg ments which were rendered against it in the year 1903 on account of damages of this character: Gould vs. City, case No. 200,767, Circuit Court; judgment $1,500; May 16, 1903. Rust vs. City, case No. 202,571, Superior Court; judgment $4,490; May 8, 1903. Another case of great importance to the city was decided by the Appellate Court during the past year, and resulted in partial victory to the city. This August 29, 1902, the Circuit Court, Judge Bishop of Du Page County presiding, entered judgment for $301,376.08 against the city in the suit of Joseph J. Duffy, a contractor constructing a section of the Northwest Land Tunnel, to recover money claimed by him to be due on his contract. The city promptly appealed to the Appellate Court. court on November 29, 1904, reversed the judgment of the Circuit Court, made a finding of facts, and entered a judgment for $137,585.28, a decrease of $163,790.80. The city has appealed from this judgment to the Supreme Court. Following the city's notable victory in the Weir, McKechney litigation, which was of a similar character, and in which the city reversed in the Supreme Court a judgment of $555,560.22, the department is confident of completely defeating the claims of this contractor. The Corporation Counsel is also the attorney for the Board of Local Improvements, and for convenience has assigned certain assistants to conduct the law work of that department, retaining the supervision over it, however. The work of that department for the year 1904 has been particularly gratifying, and I will briefly refer to it. Eight hundred and twenty-nine (829) special assessment petitions were filed in the County Court; of this number three hundred and fifty-nine (359) were for paving, sixty-nine (69) for sewers, one hundred and eighty-three (183) for sidewalks, sixty-two (62) for water supply, seventy-three (73) for water service, and eighty-three (83) for drains. Seven hundred and fifty-four (754) assessments were confirmed; part of this number confirmed includes petitions filed in 1903, but pending and confirmed in 1904. One hundred and eleven (111) petitions were dismissed, either by the direction of the Board or Court. In the greater number of these, dismissal was necessitated on account of the decision of the Supreme Court in the Bickerdike and Kilgallen cases; new ordinances were passed, and new petitions filed, which have since been confirmed. One hundred and ninety (190) special assessment proceedings are now pending in the County Court. The amount of the assessments covered by these rolls, filed during the year 1904, is as follows: .$9,302,751.70 Total... Eighteen (18) condemnation cases were tried in the Circuit and Superior Courts. None were lost by the city. Fourteen (14) judgments were entered in accordance with the Commissioners' reports and placed in collection. The remaining four (4) cases are pending on recast rolls. The most notable condemnation case tried was the case of City vs. Wayman et al. for the widening of West Randolph street, from Halsted to Sangamon streets, which resulted in a victory for the city. Forty-five (45) cases are now pending in the Circuit and Superior Courts, most of which are suits brought by the City of Chicago on contractors' bonds to recover damages under their guaranty to repair pavements. Ninety-one (91) objections were heard in the County Court on application for judgment and order of sale for the nonpayment of special assessments, thirtytwo (32) of which were overruled, ten (10) sustained, and in forty-four (44) the application was withdrawn, either because there was a previous judgment or on account of defective notice of the County Treasurer. Five (5) of those sustained were on the ground that the property was in Section 16, school lands; balance on account of error in the return. The Supreme Court has rendered forty (40) decisions; thirty-one (31) in favor of the city and nine (9) adverse. Ten (10) cases are now pending in the Supreme Court. Six (6) cases were appealed to the Appellate Court from Circuit and Superior Court judgments; three (3) judgments were affirmed wherein the city was appellee; one case was affirmed where the city was appellant, and two cases are still pending. Eight hundred and sixty-one (861) warrants, in which there is a total deficiency of $431,016.66, have been examined. for the purpose of ascertaining the cause of such deficiency. A report as to these warrants is now in the course of preparation, together with a recommendation as to what course should be pursued in regard to each warrant. Thirty-seven (37) formal opinions have been prepared for the Board of Local Improvements. The office of Prosecuting Attorney, conducted under the supervision of the Corporation Counsel, represents the city in criminal and quasi criminal actions for violations of city ordinances and in civil actions for the recovery of penalties for violations of city ordinances. The city is also represented in the Ju venile Court by an Assistant Prosecuting Attorney. All habeas corpus cases are handled by this department. I attach hereto a report of the Prosecuting Attorney showing in detail the work of his department. The following important cases were decided favorably to the interests of the city in which the Corporation Counsel represented the city: In the case of the Northwestern Elevated Railroad Company vs. City of Chicago et al., to enjoin the Commissioner of Public Works from interfering with the erection of extensions to platforms along the "Union Loop," Judge Tuley held that the power to make changes in an elevated structure was not a continuing one and was exhausted upon the completion of the structure; that the city was not estopped by having granted permits theretofore to make similar extensions; that the city could not, for a consideration or otherwise, give over any portion of the public streets to a corporation inconsistent with the use of such streets by the public. The United States Circuit Court, in the case instituted by the Co-operative Grease and Soap Company to restrain the Commissioner of Health from interfering with its rendering plant, decided that a court of equity would not interfere with municipal officers in the enforcement of health provisions of the city ordinances where it appeared that the complainants were violating certain provisions thereof. Similar suits brought by Stern & Company in the Circuit and Superior Courts of Cook County and involving the same plant were decided in favor of the city. For a number of years the property owners and residents in the vicinity of this plant had been objecting to its maintenance, and it was only after hard-fought litigation that the city succeeded in terminating its existence. In the case of Spiegler et al. vs. City |