Commissioner Brissenden comes to the aid of West Enders

G.D. Fronabarger shot a series of aerials in 1939, including this view of the west side of Cape Girardeau looking northeast. (Southeast Missourian archive)

Last week's blog talked about the West End sewer, constructed in 1922-23 at a cost of $387,336.93, and a lawsuit that sought damages for land holders Louis Houck, Carroll Junger and the Hunze family.

As with many municipal projects, people can become impatient when it appears the work is dragging on and the "improvements" disrupt their normal lives.

Such was the case with the West End sewer. Work began in October 1922 and by July 1923 nerves were apparently starting to fray and tempers rise. This came to a head July 16 when the contractor, Dunnegan Construction Co., sought a court order to restrain unnamed landowners south of the city from interfering with its work. The company, according to a July 17 article in the Southeast Missourian, stated that "workmen employed by certain property holders in the district had erected a dam across Cape La Croix Creek in an effort to back up the waters in the creek and delay installation of the sewer." A lawyer for the company urged the Cape Girardeau City Council to become a party to the lawsuit.

This the city did. A July 19, 1923, article revealed the city and Dunnegan sought and received a temporary injunction "restraining Louis Houck, his son, Giboney Houck, and L.L. Dalton, an agent, from interfering with the installation of an outlet ditch of the West End sewer through Houck's property..." It further stated "that employees of the landowner, at his instigation, had constructed a dam across a lateral creek emptying into Cape La Croix Creek, south of Cape Girardeau, causing overflow and seep water to flow into ditches cut for the sewer, making work there extremely dangerous and nearly impossible."

Apparently answering the charges made by the company in the July 17 article, the Missourian the next day printed a story that outlined the conditions West Enders had been living with during construction.

Published July 18, 1923, in the Southeast Missourian:

CITY WON'T AID RESIDENT WITHOUT WATER 8 WEEKS

WEST END CITIZEN IS VICTIM OF 'PASSING THE BUCK' GAME

APPEALS TO MAYOR, M.P.U. AND PUBLIC SERVICE BOARD FAIL

Without water service for more than nine weeks due to installation work for the West End sewer, Mrs. J. Frank Grant, residing at 1224 William St., is patiently awaiting restoration of the service, following failure of appeals to the Dunnegan Construction Company, the Missouri Public Utilities Company, Mayor (James A.) Barks and the Missouri Public Service Commission.

Members of the family clamber during hot July days over a heap of earth on William Street near the intersection of Painter to go to homes of kind neighbors to get their water for drinking and for household use. Rains of last night have made the dirt heaps nearly impassable, but the Grant family has possibly been singled out as a shining example on which to "pass the buck" and although numerous promises have been made, they have never been kept.

Cistern is ruined

Affairs are reaching a crisis, too. A cistern which promised water for washing purposes, has been rendered unfit by seep water and now all water for this purpose must be carried. The limit of the patience of the members of the family has been nearly reached, Mrs. Grant told a Missourian reporter Tuesday night and some legal action to straighten out the difficulty is near.

Because her husband is away from home the greater part of the day and has been unable to complain to the construction company, Mrs. Grant feels that the company is taking advantage of her -- a woman.

An appeal to Mayor Barks proved fruitless. Mrs. Grant said that she told the mayor of the cutting of the water service and that it has not been replaced, but said she was told by the city's chief executive that the city had a contract with the construction company to replace the service despite the wording of the city's contract with the contractors. Mrs. Grant said she understood that the city had a contract with the construction company which provided that the company must replace all water and gas mains immediately after they had been torn away, and that she could not understand why the mayor had not aided her in the fight to regain water service.

Promises no good

The water was cut off from the Grant home on May 28 at 8 o'clock in the morning. No protest was registered at the time by Mrs. Grant who said that she expected the water service to be restored, and not until a week later did she ask the company officials to re-connect the water pipes. They promised to do so, she said, but did not. Some time later Mrs. Grant appealed to the utilities company, but was told that this was not in the province of that company, that the construction firm had interrupted the service and that it was their place to remove it. Following failure of this move, Mrs. Grant appealed to Mayor Barks and he advised her to seek aid from the state Public Service Commission.

A letter was dispatched to the commission, and that body asked the utilities company for a report. Following that report in which manager E.A. Hart of the local company explained that the pipes had been cut by the construction company, and that the latter company was under contract with the city to replace them, the commission told Mrs. Grant that it was a matter for t5he city officials and the construction company and that the commission was powerless to act.

The woman again appealed to the construction company, but was again told that it was the duty of the utilities company to fix the water pipes, as the construction company could not bother with utilities company property.

No relief in sight

Thus, the matter stands. For a time the Grants secured water for drinking purposes from a cistern at the home of Jake Hitt, a neighbor, but his cistern was ruined by sewer work blasting and it was necessary to carry water from a longer distance. Hitt said that dynamite used by the construction company employees to aid in the excavation work for the sewer ditched caused the cistern to crack and the water to leak out.

Huge piles of earth, nearly 40 feet in height, are in the street in front of the Grant home, as is true of a dozen other residences in that section. Narrow boards have been placed across yawning canons, which are dangerous and after a rain are nearly impassable. Sidewalks are covered with dirt to a depth of several inches. Residents of that section say they are not resigned to their fate and are impatiently waiting until the construction company finishes the job, or until a court order is issued ordering the streets repaired.

Despite the threat of another lawsuit, this time by residents of the West End in the hopes of having their streets repaired, nothing apparently was done. And in the fall of 1923, the whole controversy again erupted on the front pages of the Southeast Missourian.

Published Oct. 17, 1923, in the Southeast Missourian:

WEST ENDERS FEAR COMING OF WET SEASON

STREETS ALMOST IMPASSABLE AFTER FIRST RAIN;
MANY CARS STUCK IN MUD

Residents of the West End district today were complaining about the serious condition of streets leading to that district which, since the rain on Tuesday and today, are nearly impassable. The West End is nearly isolated from the remainder of the city.

Good Hope Street, the only present means of egress from that district, today was practically impassable at one point, near the corner of Henderson Avenue, where a large trench was cut for the installation of a sewer, according to residents. A half dozen automobiles stuck up in that place on Tuesday night, nearby residents said, and at least two of these were so embedded in the mud that they were left there all night.

The remainder of the streets leading into the city are either closed or impassable, and residents said that they have to go through the West End brick yard property and then to the (West End) Boulevard to Broadway to reach the business section. This route is not safe by any means, they say, and when a motorist starts out he isn't sure he will reach the city, or get home -- or anywhere.

Long out of repair

Residents say that the streets have been in that condition for several months. Bloomfield Street was cut in February, and is still in a bad state of repair. The crossing at Good Hope and Henderson has never been properly repaired, and even light rain causes trouble. The street at the west terminus of the paving has been so rough that it was almost impassable in dry weather and since the rain is credited with being in such shape that it is with difficulty that any vehicle can get over it. Outside the city limits Bloomfield is in good condition.

A service car driving a stranger to a home in the West End was "stuck" in the mud there Tuesday night, residents said, and was forced to stay there.

Property owners recognizing the bad conditions of the streets during the present rain and in the few other showers, wonder what will happen when the winter season sets in. They say that if cars stuck up there Tuesday night, it will be impossible to get over any of the West End streets when rains are more frequent.

Property owners said that Will Leming's car, a service car, Albert Spradling's automobile and a dozen other cars stuck in the mud on Good Hope Street Tuesday night.

Published Oct. 18, 1923, in the Southeast Missourian:

STREET, CUT 8 MONTHS AGO, CAN'T BE USED

BLOOMFIELD, TORN UP BY THE SEWER WORKERS LAST FEBRUARY, NOW CLOSED

Indignation over the terrible condition of the streets in the western part of the city is at fever heat among the residents of that section, according to several telephone communications to The Missourian today. Some of the people say they are hoping to arouse an indignation meeting in order that everybody may know the condition of affairs.

Will Leming had an experience that is said to be an example of what many have already gone through -- and the bad season is just starting. He started home in his car Tuesday evening and when he reached the concrete culvert on Bloomfield Street he ran into a fence. Some one had placed a fence across the street, evidently to protect the repair work that had been delayed for several months and not a light or warning was to be found. Leming turned his car with a view of detouring through Good Hope Street, but hadn't gone far on that street until he was in the mud so deep that his car skidded into a hole and a wheel was broken off.

Others came near meeting an accident at the Bloomfield Street barricade and several cars have been mired in the mud.

Residents of that section of the city are provoked because the sewer contractor cut across Bloomfield Street early last February and then left the break until a few days ago. For several months the place was nearly impassable and, despite many protests, it was never touched until a few days ago.

Published Oct. 19, 1923, in the Southeast Missourian:

FAMILY CAN'T MOVE TO NEW HOME WITH STREETS IMPASSABLE

Albert Kempe, of the Farmers and Merchants Bank, has been trying to move from his present residence at Morgan Oak and Ellis streets to his new home at 210 Louisiana Ave., for the last week, but has given it up as a bad job.

Rain three days this week placed streets in the West End in such bad condition that Kempe could not make the attempt, and Bloomfield Street was closed, so he has decided to wait until the streets are in condition for travel...

City Commissioner Roy Brissenden finally came to the rescue of West Enders.

Published Oct. 19, 1923, in the Southeast Missourian:

BRISSENDEN OPENS BLOOMFIELD STREET FOR WEST END CITIZENS

CITY COMMISSIONER, EXASPERATED AT FAILURE OF OTHER OFFICIALS TO RELIVE BIG DISTRICT,
TAKES DRASTIC STEPS ON OWN RESPONSIBILITY

Bloomfield Street, only paved highway leading to the main section of the thickly-populated West End, which was cut by the sewer construction company last February and then again closed to traffic last Saturday when the place was repaved, was opened today. Taking drastic action in order to relieve a serious situation that had driven West End residents desperate, Commissioner (Roy) Brissenden "went over the heads" of the other two commissioners who had failed to act for the relief of the citizens, and opened the street late Thursday afternoon. Today he had a police officer at the spot to direct traffic and prevent trucks and heavy wagons from passing over the stretch of newly-laid paving.

Brissenden's unusual action followed the refusal of Street Commissioner Louis Wittmor to yield to pleas from residents to compel the sewer contractors to find some way of opening the street, and what is declared by citizens to have been a lack of interest in the matter on the part of Mayor (James) Barks, the two commissioners under whose jurisdiction comes affairs of the streets.

Street repaved

Last Saturday a section of Bloomfield Street, which was torn up last February, was repaved. On Tuesday another section, west of the viaduct over the creek, was given a new surface. Then the thoroughfare was closed to travel. In the meantime heavy rains made other streets leading to the West End, with the exception of Broadway, almost inaccessible. Many automobiles were stuck in the mud, and residents were severely penalized.

Finding that the other commissioners would take no action to relieve the situation, Brissenden late yesterday held a conference with Superintendent (C.E.) Briggs of the construction company to find if there was no way the new paving could be covered up so that automobile traffic might proceed over it. Brissenden said he had thought the other commissioners had arranged to have only one side of the street paved at a time so that the thoroughfare could be kept open. He found this plan had not been followed. Briggs had no suggestions to offer and "talked down" all the suggestions made by Brissenden for covering up the paving so that the concrete would not be damaged. Finding he could get no cooperation there, Brissenden ordered one side of the street opened without waiting to put down planking or other covering. Then he stayed on the job to see that the street was kept open.

Briggs complained that while using the street now would not cause the pavement to crack, it might result in the upper layer crumbling later on.

Serious handicap

Up to the time of the opening of Bloomfield, West End residents had to use Good Hope Street, which is in such condition that many automobiles were struck in the mire, or go west on Broadway, three-quarters of a mile to the east, and then proceed south to their destination -- if they could get that far.

The big trade territory to the west, not to mention trucks, cotton and grain wagons, were placed in an unusual situation through being almost cut off from the city and a storm of protest had been raised by those suffering from what is charged by many West End residents with being flagrant violation of the terms of the sewer company's contract with the city.

Good Hope is rough

Good Hope Street near Henderson and extending for a block to the west was still in bad condition today and several automobiles stuck up in the mud there Thursday night and early this morning. For a distance of nearly 100 yards there are large holes in the street, caused by the dirt settling in the trenches where the sewer pipe has been laid. This is also true in other parts of the city, huge holes appearing in the center of the streets and greatly obstructing traffic. These holes are one to three feet in depth and are dangerous, especially when filled with water.

It was reported today that more than a dozen automobiles stuck in the mud in the Cape Girardeau brick yard on Thursday. This was the only route to get out of the West End during the rain and mud, and many cars were stuck there and had to be pulled out. Other drivers, not knowing of the condition of Good Hope Street, floundered into the mud there and paid money to be pulled out.

The Dunnegan company never fulfilled its contract with the city by returning the streets to their original condition. Instead, city workers eventually repaired the pavement.