06/05/1933112
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF DES
PLAINES, HELD IN THE COUNCIL CHAMBERS
ON THE 5th DAY OF JUNE, 1933 AT THE
HOUR OF 8 O'CLOCK P.M.
The meeting was called to order by iitayor Minder
with Aldermen Ahbe, Collet, Pflughaupt, Dean, Kuxmann,
Friott, Frederick, Enzenbacher and Meinshausen responding
to the roll call.
The Clerk then read the following reports: -
The report of J.J.Friedrich, City Clerk for the
month of May.
The report of Chas.Larson, City Treasurer for the
month of May.
The report of H.A.ecker, Chief of -Police for the
month of May.
Alderman Huxmann, Chairman of the police and
License Committee reported that several reports of trouble
have been received by the Police Department which w ere
found to be a prank. He further reported that in the future
the police will not respond to telephone reports unless the
person reporting gives his name and address.
The Clerk then read the following letter: -
May 2Oth,1933
To the Mayor and City Council
City of Des Plaines, Illinois
Attention: Mr. H.A.Becker, Chief of Police
Gentlemen:
I hereby tender my resignation as
patrolman in the'olice Department of the City
of Des Plaines, effective seven A.I. May 20th,
1933.
My reason for resigning is that
I intend to go into business for myself.
Respectfully yours
Arthur A.Imig
The motion was made and seconded to accept this resignation.
The motion was voted upon by acclamation, whereupon the Mayor
declared the motion carried and the resignation accepted.
Alderman Collet, Chairman of the Streets and Side-
walks Committee reported that with continued favorable weather,
he expects to do some repair work and cleaning on the streets.
Alderman Ahbe, chairman of the Buildings & Plats
Committee submitted several blue -prints showing several
proposed changes both in the Police Department and the City
offices. These proposals were referred to the Council as
a committee of the whole by the Mayor.
Alderman Ahbe, chairman of the Buildings and Flats
Committee then submitted the following plats for approval:-
113
WOLF ROAD- PLAT 206 C and
OAKTON STREET— PLAT 253 B
The motion was made by Alderman Ahbe and seconded by
Collet to approve both of the above plats. The motion
was voted upon by acclamation, whereupon the Mayor declared
the motion carried.
The Clerk then read the following report regarding
the request of J.V.Lveville for a permit to erect a vegetable
sales stand on Oakton Street:
Des Plaines,I11. June 5,1933
To the. Mayor and City Council:
Your Committee on Bldgs. & slats has investigated
the above and has found: it not wise to grant this
request.
We, your Committee on Bldgs. & slats, therefore re-
commend: that the request for permit be denied
for the reason it would have a tendency to set a
precedent thereby making it almost compulsory to
grant simular requests of this kind and the effect
would be our city would in time be filled with such
structures.
Signed, Committee
Hobart►.Ahbe
H.E.Friott Wm.H.Dea,n
The motion was made by Alderman Pflughaupt and seconded
by Collet to concurr in the above report. The motion
was voted upon by Acclamation whereupon the Mayor declared
the motion carried.
The Sewer, Drainage and Sanitation Committee had
no report to offer.
.Aderman Meinshausen, chairman of the Water Com-
mittee reported that several bids for material have been
received but that all the bids were based upon payment in
cash, instead of by means of Water Bonds held by the Water
Department. The motion was made by Alderman Huxmann and
seconded by Friott to commit this matter to the council
as a committee of the whole. The motion was voted upon
by acclamation, whereupon the Mayor declared the motion
carried.
The Band Committee had no report to offer.
The Clerk then submitted the surety bonds of
Kenneth G.1Aeyer, City Attorney and E.J.Friedrich, City
Clerk for approval. The bondstiAtareferred to the Judiciary
and Assessment Committee by the Mayor.
Alderman Friott, chairman of the Judiciary and
Assessment Committee reported that the proposed contract
between Carter Jenkins, engineer,and the City, is being
considered and that the committee expects to have its re-
commendation ready for the next regular meeting of the
Council.
City Attorney, Kenneth Meyer, retorted that
he has replied to the letter of Fred Wegner, as well as
to the letter of the West Side Improvement Association as
instructed by the Council in its meeting of May 15,1933.
114
Alderman H uxmann, chairman of the Police and License
Committee reported that nothing has as yet been done regarding
the letter of A.J.Kahfeldt requesting remuneration for his
services as special police at the Incinerator.
The Clerk then read the following letters—
CITY OF DES PLAINES
Police Department
June 5,1933
To the Mayor and City Council
City of Des Plaines
Gentlemen:.•
Relative to a complaint submitted your honorable body
that a nuisance existed at the residence of,Charles
Holberg,1019 forth Avenue, the complaint stating that
he had an outside toilet at his property, that he
threw contents of his slop jar onto the ground and that
he emptied his wash water outside when he had a sink
inside. This complaint was submitted to the police
department at your last meeting and 1 beg to submit
the following report:
I investigated the complaint and found that Mr. Holberg
has an outside toilet with a septic tank. He claimed
that he used aninside pot and then treated it with
chemicals, after which he buried the contents. He
pleads poverty and says that he )exists only through
charity help. He also adds that he has a mortgage on
his home which he cannot meet and that he expected to
lose his property. I investigated this plea and found
that he had such a mortgage. The mortgage holder
said he might help him a little.
Mr. Holberg promised me Saturday that he would secure
bids to connect to the city sewer. He has a toilet in
his home and needs only the connection to the city main.
He hopes to find someway in which he can finance the
installation of a connecting link to the main.
At present I am awaiting his action in this regard.
This is the present status of the case. It would do
little good to arrest the man, as he has no money,
but I trust that he will find a way to remedy the
condition which the complaint lists.
Respectfully submitted,
H.A.Becker
CHIEF OF POLICE
This letter was ordered placed on file by the Mayor.
Alderman Enzenbacher incluired as to what, if any-
thing, has been done regarding the proposed installation of
toilets in the Riverview Hall. Mayor Kinder recommitted
the matter to the Buildings and Plats Committee for investi-
gation and report.
Alderman Enzenbacher further inquired regarding
the stoning of several streets in Riverview. Mayor Kinder
referred this matter to the Council as a committee of the
whole.
115
At this point Mr. Fuller of Ihite Street in
Riverview addressed the assembly and strongly urged the
Council to improve the streets of Riverview.
The Clerk then read the following proposed
ordinance for first reading: -
AN ORDINANCE DESIGNATING THE DEPOSITORIES
OF MONEYS OF THE CITY OF DES PL,AINES.
The motion was made by Alderman Huxmann and seconded
by Pflughaupt to put this proposed ordinance on passage.
The roll was called on the motion "to put on passage"
with the following result: Ayes: Aldermen Ahbe, Collet,
Pflughaapt, "Dean`, `H tmansi 'Brietiregrede4idk %Enzenbacher
and Meinshausen. Nays: None. The Mayor thereupon declared
the motion carried. The motion was then made by Alderman
Ruxmann and seconded by Ahbe that this proposed ordinance
be passed. The roll was called on the motion "to pass"
with the following result: Ayes; Aldermen Ahbe, Collet,
Pflughaupt, Dean, Huxmann, Friott, Frederick, Enzenbacher
and Meinshausen. Nays; None. The Mayor thereupon declared
the motion carried and the ordinance passed.
The Clerk then read the following letter and
proposed resolution attached thereto:
Tune 5,'1933
Mayor & City Council
Des Plaines, Ill.
Senate Bill 426 authorizes a municipality to issue
its general corporate bonds without referendum for the
purpose of satisfying judgments against the municipality,
particularly those obtained by bondholders whose money
has been diverted by the municipality. Special assess-
ment funds are trust funds under the statute. They
are collected in many different warrants. Through
ignorance or otherwise bonds against a particular
warrant have been paid with moneys collected in other
and different warrants. in many cases municipalities
have borrowed money from special assessment funds for
general corporate purposes. These diversions are
illegal and render the municipality liable to the bond-
holders for the amount diverted. Many judgments have
been obtained against municipalities. Passage of
Senate Bill 426 will enable municipalities to issue
general corporate bonds for the purpose of funding
judgments. The bonds that otherwise would have been
paid will be cancelled and they are exchanged for new
bonds and many issues that would otherwise be in default
will be saved from default. Where a judgment is obtained
a writ of mandamus will issue to compel the municipality
to appropriate for its payment. This would require
municipalities to pay judgments out of its general
corporate levy which is eften inadequate to take care
of the ordinary municipal needs. By issuing funding
bonds these judgments can be paid over a long period
of years by a small special levy and general corporate
revenue needed for police and fire protection, street
lighting, street cleaning and other municipal purposes,
will be saved for the protection, comfort and conven-
ience of the residents.
Very truly yours,
KENNETH G . MEYER
116
A RESOLUTION
OF THE CITY OF DES PLAINES ENDORSING SENATE BILL 426 NOW
PENDING IN THE HOUSE OF REPRESENTATIVES IN SPRINGFIELD,II,LINOIS
•11 41/1R
WHEREAS, it is desirable that legislation be enacted
to enable Illinois municipalities to fund indebtedness to
sundry special funds by issuing general corporate bonds
in satisfaction of judgments based on diversions of money
from sinking funds to general corporate or other purposes;
and
WHEREAS, if such legislation is enacted the credit of
many municipalities would be protected and enhanced;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Des Plaines, Illinois, that the Representatives
of the Seventh District, Cook County, Illinois, in the
General Assembly, be and they are hereby requested to
support Senate Bill 426 and to work in favor of its passage.
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be sent by the City Clerk to Hon. Anna Wilmarth
Ickes, Winnetka, Illinois, Hon.Frank E.Foster, Harvey,
Illinois, and Hon. Emmett McGrath, Congress Park, Illinois.
ADOPTED by the City Council of the City of Des Plaines,
Illinois, at a meeting held on the day of ,A.D.
1933, and deposited and filed in my office this day of
,A.D.1933.
Attest:
APPROVED by me this
City Clerk
City Clerk
day of ,A.D.1933
Mayor, City of Des Plaines,Illinois
The motion was made by Alderman Huxmann and seconded by
Enzenbacher to adopt this proposed resolution. The roll
was called on the motion with the following result: -Ayes;
Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Friott,
Frederick, Enzenbacher and Meinshausen. Nays; None. The
Mayor thereupon declared the motion carried and the resol-
ution adopted.
The Clerk then read the following letters-
MALONEY AND WOOSTER
May 11, 1933
Mr.Kenneth Meyer
11 S.LaSalle St.
Chicago, Illinois
In Re: Cater v. Des Plaines
Dear Sir:
In accordance with our conversation of
yesterday, herewith enclosed find citation and mem-
oranda of authorities for use in the Cater matter.
410o find enclosed exceptions to answer filed by
117
Senator Kuebsch and copy of the last injunction bond,
being in the sum of $2000.00.
In regard to the time consumed upon this litiga-
tion, I find that a great volume of time was spent in the
investigation of law and in the preparation of ordinances
and other matters in this case. 1 have estimated that
there is close to $200.00 of time spent in this matter for
the purpose of determining what are the rights of the City
in the matter. It is impossible that the City, under the
conditions, would receive the benefit of all of this time.
I also find that a considerable amount of time
has been spent in Court. I enclose herewith a memoranda
of time actually spent in Court or before a Master. This
time would warrant a charge of about $450.00. I consider
this service to be rendered to the City for the benefit of
the Vater Department. I think thecharge should be made
to the Water Department. Ln the event the City desires
to pay me $350.00 in cash, I will accept this amount for
services in this matter.
If there are any other matters upon which Ion
be of service to you or the City, I would be glad to have
you call upon me at any time.
Very truly yours,
DBM: CL
D.B.MALONEY
CATER vs. DES PLAINES
1932
Tan.11 - Appeared before Judge Klarkowski It hr
Jan.15 - Appeared before Judge Klarkowski 2 "
Referred to Master Gorman.
Jan.23 - Appeared before Judge Brothers - - - - - 1 hr
Jan.27 - Appeared before Master Gorman - - - - - - I "
Jan.27 - Before Judge Klarkowski,cont'd to 2/3/32 2
Feb. 3 - Before nudge larkowski, contd. to 2/5/32 - 1 hr
Feb. 5 - Before Judge Klarkowski, - - - 2 "
May 2 - Before Judge Klarkowski -- - - - - 1 hr
May 11 - Before Judge Klarkowski- - - - -- - - - - l- W
June 4 - Before Judge Finnegan, Injunction vacated
July 18 Before Judge Burke, argued right to injunction
5 hrs
July 19 Before Judge Burke on motion for injunction
withdrawn - - - - - - - - - - - - - - - - -1 hr
Aug.IO- Before Judge Brothers, motion for injunc-
tion allowed - - - - - - - - - - - - - - -1 "
Sept.20- Before Judge Brothers 1 "
Sept.22- Reference Vacated- - - - - - -OW - - - 1 "
Oct. 5- _Approved before Master Miner - - - - - - 1
The motion was made by Alderman Ruxmann and seconded by
Dean to refer this letter to the Finance Committee. The
motion was voted upon by acclamation,whereupon the Mayor
declared the motion carried.
The Clerk then read the following Letter:
118
WEST SIDE IMPR0VEMENT ASSOCIATION OF DESPLAINES
June 5th,1933
Mayor & City Council
Des Plaines,Illinois
Gentlemen:
I am requested by the above organization to write
you with reference to the dangerous condition of Prairie Ave.
at the intersection with Arlington Ave. (Manteuffel's corner) .
This corner as you are all aware is quite a sharp one, the
street not any too wide, and further the hazard is increased
by the fact that the street has practically no elevation, we
would suggest that the engineer be instructed to provice a
plan for moving the curb line, so giving an additional 2-4
ft. in width. This work could be done by our local unemployed
so should not be a costly item. Hoping for favorable action.
1 remain
Sincerely yours,
J.11►organ Lewis,Sec.
In addition to the hazard mentioned in the above letter,
Alderman Frederick called attention to several poorly illuminated
and dangerous spots near the above mentioned corner. -Both the
letter and Alderman Frederick's complaint were referred to the
Streets and Sidewalks Committee by the Mayor.
Alderman Frederick of the Fourth Ward again called
attention to speeding on Prairie Avenue in the Fourth Ward.
Alderman Huxmann, chairman of the Police Committee agreed to
report Alderman Frederick's complaint to the Chief of Police.
The Clerk then read the following letter:
FRANK L. TUTTLE
May 26,1933
To the Mayor and Board of Aldermen
of the City of Des Plaines
Des Plaines, Illinois
Gentlemen:
I have been retained by Frank Gaebel to re-
present him in the matter of a claim which he has against
the City, arising by reason of his discharge from the gar-
bage service on May 8. Mr. Gaebel was employed by the
month at a salary of 0135.00 per month and had worked on
that basis since he started. On May 8th at about eleven
in the morning he was told by Mr. Wells that that was his
last day in the service. This discharge was not ode upon
provocation but merely for political reasons.
The law in this State is well recognized that
where a man is employed and paid on a monthly basis that
he cannot be discharged during the course of a month with-
out being paid a full month's pay unless the discharge is
for cause.
The check which you sent Mr.Gaebel yesterday
for $39.38 is not satisfactory and 1 hereby request that
you pass his bill for the balance of the month of May.
Of course, if you fail to do so I will be compelled to
file suit which I very much loath to do.
Yours respectfully
FLT:C
FRANK L.TUTTLE
The motion was made by Alderman Huxmann and
seconded by Pflughaupt to refer this letter to the Judiciary
and Assessment Committee.. The motion was voted upon by
acclamation, whereupon the mayor d edlared the motion carried.
The Clerk then reported that Mr. Victor Spiegler
of Spiegler's Department Store has requested that the orna-
mental post light in front of the store, recently taken out
of service, be put back into service. This request was
referred to the Streets and Sidewalks Committee by the Mayor.
The motion was then made by Alderman Pflughaupt
and seconded by Meinshausen to approve the minutes of the
regular Council Meeting of May 1,1933. The motion was voted
upon by acclamation, whereupon the Mayor declared the motion
carried.
The motion was made by Alderman Huxmann and seconded
by Pflughaupt to approve also the minutes of the regular
Council Meeting of May 15,1933 as printed. The motion was
made by Alderman Enzenbacher and 'seconded by Dean to strike
from the minutes of May 15, the resolution ordering a special
election in the Third rateron-June 29,1933. Thi6= ioVitln'"t5
strike from the minutes" was however ruled out of-dritrr'byf-
Mayor Kinder. The roll was then called on the motion "to
approve" with the following result: Ayes; Alderman Pflug-
haupt, Huxmann, Friott, Frederick and Leinshausen. Nays;
Aldermen Ahbe, Collet, Dean and Enzenbacher. The Mayor
thereupon declared the motion "to approve" carried and the
minutes of May 15,1933 approved.
Alderman Collet reported that the agreement with
the State highv+:ay Department for maintenance of bond issue
routes over City streets is about to expire, and asked the
Council's pleasure in the matter. The motion was made
by Alderman Huxmann and seconded by Leinshausen to instruct
Carter Jenkins, engineer, to arrange for renewal of this
agreement with the State Highway Department. Lae motion
was voted upon by acclamation, whereupon the mayor declared
the motion carried.
Alderman Pflughaupt commended the Regional
Plan Commission of Greater Chicago, for proposing a grade
separation at the intersection of Des Plaines Avenue and
Miner Street. The motion was then made by Alderman Pflug-
haupt and seconded by }uxmann to instruct the Clerk to write
the Regional Plan Commission in recognition of the attempt
to provide the said grade separation, and to inform the
Commission that -Des Plaines expects to be consulted in the
matter. The motion was voted upon by acclamation, whereupon
the Mayor declared the motion carried.
The Clerk then read the following resolution:
Resolved that the following bills are due and payable
and that the Mayor and City Clerk be instructed to issue
proper voucher -warrants in payment of same; and that these
you -cher -warrants be released upon order of the Finance com-
mittee, when funds are available;
Geo .W .Kinder
John B.Collet
W'm.Dea.n
Ernest Friott
Louis Meinshausen
Edgar J.Friedrich
Frank Bremer 8: Sons
22.50
13.50
13.50-
13.50
13.50-
112.50
10.20
Hobart Ahbe
G .W.Pflughaupt
Paul J.Huxmann
E.A.Frederick
Geo.M.Enaenkacher
Des P1.Publ Co.
Des P1.Publ Co.
13.50
13.50
13.50
14.50
13.50
19.90
3.25
119
120
Chas.M.Larson
Grace Rexses
Magdalene Kammerer
Ruth Krueger
Chas.J.Schroeder
Rose Patrny
John J.Lika
Ethel Ackerby
H .Wegne r
J.P.Koehler
Mrs. Mildred Guenther
Hugo Dahm
Leonard Koehler
Daisy DuRard
Carrie Farrell
Rudolph Bldg.
Pears E.Fisher
Evelyne J.Cleary
Inez K.James
A. F.G rambauer
E .Edg r en
Harold Ahbe
American Legion
Edward Gerig
Mayme Hausner
may G.Lauten
Des Plaines Pub.Co.
Des Plaines Pub.Co.
Frank A.Bremer & Sons
Middle States Te1.Co.
Otto Rexses
C.Wegner
F.Cheever
R.Hammerl
E.Drexler
i 11 iam Hulke
International City Mgrs
Federal Trans.Co.
Public Serv.Co.
Max Mau
Des Plaines Merc.Co.
A.G.Bade & Sons
83.33
40.00
6.00
6.00
, 6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
17.75
3.75
33.60
39.00
1,200.00
72.00
37.00
74.00
74.00
45.00
6.69
2.09
63.07
56.70
1.40
8.20
Standard Extermenating Co 50.00
Public Serv.Co. 116.79
Public Serv.Co. 24.70
Joe Biba 3.15
Des Plaines Pub.Co. 5.70
Gus Sv' anberg 7.20
Herman Meinshausen 4.80
A.Johnson 9.00
Chas.Shaffer 7.20
Poyer Nash Sales 24.08
Ben Stangor 74.25
Public Serv.Co. 4.69
Public Serv.Co. 9.04
D.H.Coffman 67.50
Casazza Company 15.50
Valvoline Co. 43.12
Public Serv.Co. 12.00
Alvin1inkelman 67.50
Herman Meinshausen 4.80
Frank Fisher 72.00
Herman Meinshausen 45.48
Geo.Osgood 40.00
E.Kurta 56.00
Joe Walter 32.00
Bernice Beyer 5.00
Tames Higgins 5.00
Public Serv.Co. 104.40
Harold Ahbe
Elizabeth Kiemer
James C.Graham
Gustave Wendt
Vest End Provision
n.nute E.Carlson
Mary Jane Woolensack
Eleanor Kaufman
H.J.Weber
Mrs.Chas.Mahn
Mrs .-e..L.Eash
40.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
Des Plaines Motor Sales 6.00
J.Frank Haan
Emma Hammer
Edwin Moser
Aug. Schroeder
Hattie M.Wolck
Helen K.Ryan
Aug. Schroeder
L.B.Wakefield
Ella Raymond
Mrs .Ed..Dunn
Henry J.Kehe
Walter I.Merr.iam
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
6.00
Marguerite E.Hodgson 05.00
Geo.W'hitcomb 6.00
Chas.J.Andersen & Co 493.75
Burroughs Add.Machine 31.10
Des Plaines Pub.Co. 35,50
Middle States Tel.Co. 69.25
H.Becker
D.Hammer
A.Imig
E.Meyer
P.Gatto
J.O'Donnell
Frank A.Bremer & Sons
Johnson's Elec.Shop
Mrs .Ross Palmer
Remington Rand Inc..
Lund Bros.
A.G.Bade &; Sons
Public Serv.Co.
Public Serv.Co.
Public Serv.Co.
Herman Meinshausen
Marvin Wells
Geo.Meyer
r.Harris
Herman Domin
D.Wendt
Public Serv.Co.
Edward Geisen
Public Serv.
Public Serv. Co.
B.F.Kinders
Frank A.Bremer & Sons
Des Plaines Auto Co.
Public Serv.Co.
Raymond Kolze
Pearl Koelling
Max Maus
Paul Gilmore
Fred Kaufman
Louis Volberding
Marjorie Collet
Mrs .M..Laman
tm.Bartley
Public Serv.Co.
90.00
67.50
18.60
74.00
60.00
45.00
6.75
10.00
13.50
40.00
6.50
5.00
2.15
18.34
66.00
9.60
78.75
4.50.
20.00
7.20
7.20
12.48
13.50
29.28
16.32
.40
.60
11.30
15.04
67.50
40.00
72.00
56.00
56.00
28.00
4.50
5.00
5.00
592.00
Public Serv.Co.
Public Serv.Co.
William H.Cater
Edith Thompson
Middle States Tel.
R.E.Kilby Co.
The motion was made by Alderman Pflughaupt and seconded by
Huxmann to strike from the resolution the bill of R.E.Kilby
for $334.00 and adopt the resolution as altered. The roll was
called on the Motion with the following results Ayes; Aldermen
Ahbe, Collet, Pflughaupt, Dean Huxmann, Friott, Frederick,
Enzenbacher and Meinshausen. Nays; bone. The Mayor thereupon
declared the motion carried, and the resolution adopted as
altered. (And 744071 stt f,persees be pre y /rn ePeit ce krifeA, em/447 mq e4wv/ /ohm:
216.04
427.86
1,152.31
19.50
8.00
334.00
Public Serv.Co. 385
Public Serv.Co. 2.49
H.Umbach 1.50
Middle States Tel. 6.00
Foyer Nash Sales 40.84
The motion as made by Alderman Huxuiann and ase onded
by Pflughaupt hat each committee chairmanfu�""sh`�4 �^tne names
of such perso s, who are willing to work off their past due
water billst The motion was voted upon by acclamation,
whereupon t'ie Mayor declared the motion carried.
'The Clerk then read the following letters -
CITY OF DES PLAII''ES )
COUNTY OF COOK )SS.
STATE OF ILLINOIS )
TO THE HONORABLE, THE MAYOR AND CITY COUNCIL
OF THE CITY OF DES PLAINES t
The undersigned, Herman Peatschman, respectfully
represents that for more than one year continuously
prior to the 18th day of April, A.D.1933, he was a
resident of the First Ward in the City of Des Plaines,
County of Cook and State of Illinois, and he is and
was on the 18th day of April, A.D.1933, a duly q ali-
fied voter in said First Ward of sedd City.
121
The undersigned further represents that at a general
city election held in said First Ward in said City on
the 18th day of April, A.D. 1933, HOBART AHBE, HARRY J.
TUCKER and FRANK SCHARRINGHAUSEN were candidates for
the office of Alderman of said First Ward in said City
and their respective names appeared upon the official
ballot as such candidates for Alderman in said Ward.
The undersigned further represents that said First
Ward in said City was at said election duly divided
into two election precincts and that certain persons
were duly appointed as Judges and Clerks &f election
in each of said precincts by the City Council of the
City of Des Plaines and that as a. result of the ballots
cast at said election the said Judges and Clerks certi-
fied by tally sheets prepared by and under their direction,
that said HOBART AHBE received 263 votes in the first
precinct and 63 votes in the second precinct for Alder-
man as aforesaid and that said HARRY J.TUCKER received
250 votes in the first precinct and 39 votes in the second
precinct for Alderman as aforesaid and that DANK SCHARi
RINGHAUSEN received 167 votes in the first precinct and
3 votes in the second precinct for Alderman as aforesaid
and that thereafter said tally sheets of said Judges
and Clerks of election were returned to the City Clerk
of the City of Des Plaines and thereafter canvassed by
the City Council of the City of Des Plaines and by said
City Council said HOBART AHBE was thereafter duly de-
clared elected Alderman of said First Ward.
The undersigned further says and charges that he is
informed and verily believes that said HOBART AHBE did
not receive the largest number of lawful votes cast for
122
any one of said candidates for Alderman of said Ward and
was not lawfully elected to said office of Alderman.
The undersigned further represents that he is informed
and verily believes that the Judges of Election for the
first precinct in said First Ward, at said election, per-
mitted many persons who were not legally qualified voters
of said first precinct in said Ward to cast ballots for the
office of Alderman and that said Judges, or some of them,
permitted electioneering to take place in the polling place
of said precinct of said election and within one hundred
feet from said polling place and permitted said HOBART AHBE,
said candidate for Alderman, to electioneer in and about said
polling place and informed said HOBART AHBE from time to time
during the day of said eleotiontin the polling, place, as to the
names and addresses of the reside.nta of said ward who -had not
voted and instructed said HOBART ,AHBE ,to send . for and. 1Oring
such persons ttr='the polling. place for thea purpose,of, voting.
The undersigned further represents that he is informed
and verily believes that after the closing. of the polis at
said election the ballots cast for the office of Alderman
were not correctly counted and tallied and that said HOBART
AHBE had counted fo}r• him as such candidate for Alderman_ many
ballots that were not cast for him and that many ballots that
should have been tallied for candidates other than said
HOBART RBE for Alderman were entered upon the tally sheet
of said election prepared by _the clerks of election in said
precinct as having been cast for said HOBART AHBE.
The undersigned further represents that the Judges and
Clerks of Election of said first precinct in said ward were
not duly qualified as such before entering upon their duties
at said election.required by law.
The undersigned further represents that the Judges of
Election in the second precinct of said ward at said election
permitted many persons to vote for the office of Aldermen at
said election who were not legally qualified voters in said
precinct and that the said Judges of Election took or permitted
to be taken official ballots for said election in said pre-
cinct on said date of said election from the polling place in
said precinct to the places of residence and other places in
said precinct where the undersigned is informed and verily
believes said ballots were marked for sail HOBART AHBE as a
candidate for Alderman and other candidates for other offices
in said City at said election and thereafter such ballots were
returned to the polling place and permitted by said Judges of
Election or some of them to be placed in the ballot box of
said precinct at said election as cast in a lawful manner by
such voters who did not appear and cast their ballots in the
polling place of said precinct.
The undersigned further represents that he is informed
and verily believes that the Judges of Election for said
second precinct for said ward, during said election permitted
other persons and they themselves engaged in electioneering
in said polling place and within one hundred feet thereof.
The undersigned further represents, that he is informed
and verily believes that said Judges of Election did not
correctly count the votes heretofore cast for the office
of Alderman at said election and that a large number of
votes not lawfully cast for said office were counted for
said HOBART ARM as such candidate for Alderman and that a
large number of ballots lawfully cast for said HARRY J.-
4.
123
TUCKER as such candidate for Alderman were not counted
for him; that the Clerks of Election in making the tally
sheets for said precinct in said election tallied thereon
votes as cast for said HOBART AHBE which as a matter of fact,
were cast for said HARRY J.TUCKER.
The undersigned further represents that he is informed
and verily believes that the persons who served as Judges
and Clerks of said election in said second precinct were not
duly qualified as such and 2.led to take their respective
oaths of office prior to entering upon the duties of Judges
and Clerks at said election.
:herefore the undersigned respectfully contests the
election of said HOJART AHBE as alderman for the First Vara
in said City of)DesrPlaknee ittotdid eTdction' and res; ect,fully
prays.Ihat .the,Mayar and -Chs Gity Cbdndi•i inquire' ntq' the'
mattera.and..tningslher.ein;btated a nd(chdtg`ed'as'to tae validity
of, said,,election and the co/vectnets of tiie,, 'returns thereof
by sate. rIudges :axil Clerks •stud that'when''t pon, a Full hearing
of the .ma,tteraher>ein-sbatsd mind ch r ed4aria'regount of ,the
ballots,lawfully vaatttfor"the 'effiCe df '"A1d6rmdn -at said
election, it shall appear that said HOBARI"'AH? E"was .not dryly
elected Alderman for said first ward at said election, then
the officaul ptr claraatic n e ebdere-'/de`'t iat -he was elected
as Such ..,p,7 .erman�p •kie:c+facra ►ed+add •met 'a's1d aria. that -such
ppe ,s qr;, a ,, shad I ltpatavir :bio i awfttl ly'". 'e1'e ct ed -as each
Aldewean =rise, 40' Played t'o» heave' heerr' so ‘trfiecC'eci:'
t
Dated at Des Plaines,lllinois, this 17th day -of May,A.D.
1933,.. F t
Herman Peatschman
STATE OF ILLINOIS )
COUNTY OF COOK )SS.
Herman Peatschman being first duly sworn on oath deposes and
says that he has read the above and foregoing statement by
him subscribed and knows the contents thereof andsays. that
the same is true except as to matters and things therein
stated to be upon information and belief and says that as to
such matters and things he verily believes them to be true.
Subscribed and sworn to before
me this 17th day of May,1933.
HARVEY L.RIETZ
Notary Public
Herman Peatschman
(FILED May 17,1933
EDGAR J.FRIEDRICH
City Clerk )
No action was taken in this matter by the Council at this time.
The motion was made by Alderman Huxmann and seconded
by Meinshausen to adjourn the meeting until Monday, Tune 12,1933,
at 8:00 P.M. The motion was voted upon by acclamation, w here
upon the Mayor declared the motion carried, and the Council
adjourned until June 12,1933, at 8:00 P.M.
EDGAR J.FRIEDRICH, City Clerk