The Hour Glass

Mayor R. O. Johnson agreed to direct the board to proceed with the work and council voted to come to the assistance of the board in case the removal cost exceeds funds available for street cleaning.

After reaching the agreement council immediately adopted a resolution declaring the service would not be provided by the city in the future and that the city engineer would notify property owners along streets where sand had accumulated to remove it. Where the property owners fail to do so, the city will perform the work and assess the cost against the property owner.

The matter reached a showdown in council when J. Edwin Smith, spokeman for a delegation of about 40 Miller lake shore residents, demanded that council take some definite action in freeing Fulton road of sand.

Mayor Johnson in accepting the suggestion of the councilman revealed that the township trustee was co-operating with the city in such a plan by honoring orders for supplied given men who work on city projects.

The sand proposition had been quickly dispensed with through the exchange of a few words between the mayor and Councilman Rowley, when the demand for definite action made by Mr. Smith brought it back for additional discussion.

"I recognize the good intentions of you gentlemen but doubt if the plan is practical," Smith declared as he insisted on definite action being taken. "The sand is there and it ought to be removed."

"It seems to me that the city is seeking to provide workmen on city work and letting the township pay them," he continued. He cited instances where the condition of the road had hampered fire trucks in fighting fires. Last week a Fulton Road residence burned down when firemen were unable to reach it in time, because of a sand blockade.

"The city, in my opinion, may be held liable for the condition of the road should damage result" the spokesman added. "We are citizens of Gary and city cannot contract away jurisdiction."

Roswell B. Johnson, city attorney, on the request of council for his views, supported the contention of Mr. Smith that the city could not escape liability for the condition of the road, as the law provided for the city to do the work where property owners refused and assess the cost against them.

H. A. Green entered the discussion to suggest that he owned several lots in the vicinity where the removal was requested and that he had been "very much surprised when the city engineer informed him that the city had removed it and the cost was assessed against him."

When the request for definite action was made Councilman Rowley introduced a resolution that the board of works undertake the work, and followed it up with another resolution that similar work in the future would be done by the property owners or by the city with the cost being assessed against the property owners.

The Hour Glass Newsletter George Svihla, Editor 762-5184 gsvihla@delphi.com Historical Society Officers Naomi Svihla, President Susan Clouser, Vice President Donald Kurtz, Treasurer Jane Sutton, Secretary George Svihla, Curator Peter Youngman, Historian Board of Directors Margaret Benninger Susan Clouser Donald Kurtz Gene Miller Constance Richter John Skafish Courtney VanLopik Naomi Svihla George Svihla Thomas Tittle Jane Sutton Peter Youngman

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Web-published 21st September, 1999. Slightly altered and reposted 19th February, 2003.