Nauvoo City Council Rough Minute Book, February–December 1841

  • Source Note
Page 33
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Colr. J. Smith obtd liberty to take the Floor, & wished the bus to be investigated carefully, & if necessary to postpone a decision until a proper understanding can be had, & a just & proper decision made.
The Original Motion withdrawn.
Adjourned until 6 oClock this Evg.
Col. met purst to adjournment,
Resignation of as a Counsellor, accepted. appointed in his Stead, by an Unanimous vote.— elected <​appointed​> City Attorney.—
Petn. of (claiming Damages for the House which was removed on the Hill, which had been declared a Nuisance,) was Read,— liberty given to Amend, & Petn. amended accordingly,
on the part of Petr., spoke in support of the Petn., to considerable length.—
spoke in opposition to taking the Petn. into Considn., or acting upon it.
Colr. spoke strongly in opposition to the Petn..—
Colr , sd. he considered the only way to get Rid of the Nuisance, was to destroy the Nuisance, for the Character of the <​Building, or​> place, was depicted upon it, inside, & outside.
, on the part of ; the question whether the House was a Nuisance must be got at in order to ascertain whether Damages should be Granted, he cd. not see how it cd be declared a Nuisance, there is only 3 kinds of Property, & this was not any of them, the three are, obstruction of the public Highway, any thing injurious to the public Health, or any thing of an Exhibition that is obscene. Damages will be for the value of the Property, & hopes the Council will give fair Compensation, & prevent the necessity of such a proceeding, he stated that the Majority of the Col had a Right to view Nuisances, to present them [p. 33]
Colr. J. Smith obtd liberty to take the Floor, & wished the bus to be investigated carefully, & if necessary to postpone a decision until a proper understanding can be had, & a just & proper decision made.
The Original Motion withdrawn.
Adjourned until 6 oClock this Evg.
Col. met purst to adjournment,
Resignation of as a Counsellor, accepted. appointed in his Stead, by an Unanimous vote.— appointed City Attorney.—
Petn. of (claiming Damages for the House which was removed on the Hill, which had been declared a Nuisance,) was Read,— liberty given to Amend, & Petn. amended accordingly,
on the part of Petr., spoke in support of the Petn., to considerable length.—
spoke in opposition to taking the Petn. into Considn., or acting upon it.
Colr. spoke strongly in opposition to the Petn..—
Colr , sd. he considered the only way to get Rid of the Nuisance, was to destroy the Nuisance, for the Character of the Building, or place, was depicted upon it, inside, & outside.
, on the part of ; the question whether the House was a Nuisance must be got at in order to ascertain whether Damages should be Granted, he cd. not see how it cd be declared a Nuisance, there is only 3 kinds of Property, & this was not any of them, the three are, obstruction of the public Highway, any thing injurious to the public Health, or any thing of an Exhibition that is obscene. Damages will be for the value of the Property, & hopes the Council will give fair Compensation, & prevent the necessity of such a proceeding, he stated that the Majority of the Col had a Right to view Nuisances, to present them [p. 33]
Page 33