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Show (CONDEMNING 6R0UND FOR AN ALLEY ' During tho noon hour today, Judge Harris visited the ground sought io bo condemned for an nlloyway from Hudson avenuo to what is known as Merchants' alley, In order to more ful-jy ful-jy acquaint himself with tho situation. In the motion before the court for immediate possessiou, it has been contended that there is no urgent necessity ne-cessity for the alleyway and that it is sought to bo opened more to satisfy the whims of certain property owner? than for genuinely legitimate pur-1 pur-1 poses. The city attorneys contend that It is a necessity, to expedite commercial trnffic, aid In the sanitary regulation of the district and also for tho better fire protection of business property in tho vicinity. The contesting parties also declare that the city has not taken proper and legal steps In the proposed opening open-ing of the alley, one point being raised that tho mayor did not aprove the resolution res-olution of the city council authorizing the condemnation proceedings. Their contontion on this point is based on a written statement by the mayor, following fol-lowing his signature of approval of the resolution, to the effect that ho understood that tho owners of the property abutting tho alloy were required re-quired to pay all damages. This written writ-ten statement by the mayor, tho attorneys at-torneys for tho defendants declare, is tantamount to a voto, or, at least, that It is a conditional approval of the resolution reso-lution and nullifies it. On the other hand, tho city attorney contends that tho claiiBO referred to was merely th Individual Judgment of tho mayor and that it In no way affected his signature signa-ture of approval. Tho clause in question ques-tion was not officially signed by tho mayor, but merely as William Glas-mann Glas-mann The city attorney also contends con-tends that there could be no conditional condi-tional approval of a resolution or onl-Inanco onl-Inanco passed by tho council and that the chief executive must cither approve ap-prove or disapprove, absolutely, to make his action legally binding. Tho matter Is under advisement. oo |