THE MAYOR OPPOSES IT. / He Says the City Cannot Be Compelled to Pay the 4th of July Riot Bills.

# Transcription — The Daily Inter Mountain, 1894-08-02, p.8 **Source**: The Daily Inter Mountain (Butte, Montana), Thursday 2 August 1894, p.8, col. 2 (last paragraph at the head of col. 3). **Status**: Complete. **Method**: Read against the page scan (`archive/pages/1894-08-02_daily-inter-mountain_p08/fullpage.jpg`) at 3x, 21 Oct 2026. Replaces a headlines-only stub whose deck was misread and whose body was given as "not legible"; the scan reads cleanly. --- # THE MAYOR OPPOSES IT. ## *He Says the City Cannot Be Compelled to Pay the 4th of July Riot Bills.* ## *Routine Business Transacted at the City Council Meeting Last Evening—To Paint Telegraph Poles.* At the meeting of the city council last evening Mayor Dugan made an adverse report on the matter of the payment of the claims presented against the city for damages sustained by the action of the fire department in turning water on the saloons of J. J. Anderson & Co. and Simon Hauswirth during the trouble on the Fourth of July. The report of the mayor was as follows: To the Members of the City Council. GENTLEMEN:—In regard to the claims presented by J. J. Anderson & Co. and Simon Hauswirth for damages alleged to have been sustained on July 4, 1894, I have refused to sign any warrants and will refuse to sign any warrants for the payments of said claims, for the reason that I have been informed by E. S. Booth, the acting city attorney, that the city is not responsible to the above named parties for damages sustained on that day. The reason given by the acting city attorney is, First—The city is not responsible for any property destroyed by a mob or riot. Second—Where a riot occurs within the limits of a city the mayor is empowere[d] by statute to quell the said riot or disturbance and to use all necessary and reasonable means in doing so. On the day in question a riot was in progress on Broadway, between Academy and Main streets, and was precipitated by the acts of the above named parties in placing certain inscriptions over their places of business, (their right to do so I do not question, but the policy of doing so was very questionable,) and by means thereof a riot was precipitated, and all the available forces of the city government and the state officers was necessary to quell it. In quelling the said riot some damage might have been sustained by the above named parties, but the damage was brought on by their own imprudence without any fault or negligence on the part of the city, or any of its officers, and therefore the said claims should not be paid. The acting city attorney promised to submit a written opinion, but he has failed to do so, but the above is in substance the gist of the verbal opinion given me. All of which is respectfully submitted. E. O. DUGAN, Mayor. Alderman Cook asked why the claims of Mrs. Morier and Charles Heilbronner were not included in the mayor's message, and the latter replied that they were in no way responsible for the damage done to their property, but that Hauswirth and Anderson were. Alderman Kelly reminded the council that Mrs. Morier was a widow, and while she was not pushing her claim against the city, he thought she should be paid. Alderman Pascoe on moving that the message be referred to the judiciary committee said that if one was to be paid, all should be. He believed, however, that the judiciary committee could straighten the matter and the mayor's communication was referred to them. The monthly reports of the fire marshal, building inspector and poundmaster were read. The fire marshal reported eight fires during the past month with a loss of $260. The poundmaster reported that he had captured eleven dogs and eleven head of cattle during the month and had killed fifteen dogs and collected $21.50. The report showed a falling off from the preceding month. G. A. and C. F. Cobban presented a communication, offering to trade the Cobban block for the old city hall property on West Park street and take a bonus of $15,000 in interest bearing warrants. Referred to the public building committee. The Independent Scandinavian church was allowed the use of the Auditorium for an entertainment on Aug. 25. Owing to the fact that the Auditorium had been previously engaged by the Ladies' Aid society for a concert this evening, the application of the Free Coinage association for the use of the hall for General Warner's lecture this evening, was not acted upon. The street and alley committee recommended that sidewalks be laid on Academy street, Broadway and Front street. The committee also recommended that Mr. Patterson's offer to sell the city some property be laid on the table. An ordinance was also introduced changing the grade on certain streets. The Phœnix Electric Light and Steam Heating company filed its acceptance of the franchise granted it and gave a bond of $5,000 with M. J. Connell and John M. Stewart as sureties. The Butte General Electric company signed the contract for supplying the city with light for one year and filed a $2,000 bond. Alderman Kelly reminded the council that there was an ordinance providing for the painting of the telegraph poles of the city and that the Western Union Telegraph company had failed to comply with its provisions. The clerk was instructed to notify the company that unless the work of painting the poles was commenced before the next council meeting the street commissioner would be instructed to count the poles and collect rent on all unpainted ones as provided by the ordinance. The ordinance to create a sewer district on the east side of the city was defeated. The mayor appointed J. H. McCarthy, A. T. Morgan and F. S. Jones as commissioners to assess damages for a change of grade on Arizona street. [col. 3] T. E. Butler, publisher of the public library catalogue, last evening presented each alderman present with a leather bound copy of the work, with the name of the official in golden letters on the front cover. *[Text checked against the page scan at 3x, 21 Oct 2026, starting from the tile-by-tile page reading of 20-21 Oct 2026. "GENTLEMEN" and the mayor's signature are in small capitals. The report ends at the foot of column 2; the unheaded paragraph about T. E. Butler at the head of column 3, closed by a rule, is taken as its last paragraph (it concerns the same council meeting). Letters lost to broken type ("empowere[d]") are supplied in brackets.]*