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August 23rd, 1932.
<br />
<br /> At~ a regular meeting of the Oity Council held August 23rd, 1932, at 8:00 P.M.,
<br />there were present:
<br />
<br />Vernon A. B~ooks, W. R. Hutchins, E.-W. Maupin,
<br />Oast, Archibald Ogg, J. R. Stewart ?.
<br />Also the City M~uagsro
<br />
<br />Jr., Arthur Mayo, J. Alden
<br />
<br />Vice President J. R. S~ewart z.. the Chair.
<br />
<br />Minutes of re&~lar ~eeting held August 9th were read and approved.
<br />
<br />- UNFINISItED BU$II~£SS -
<br />
<br />The following letter from the Oity Attorney was read:
<br />
<br /> "At your last meetino~ you referz.-e.d to me a petit~ion from Mr. R.M. Sykes reeuest-
<br />in~ a refund of ~15. for license taxes paz~ i~ error for the years 1930, 1931 and.19~2. I
<br />find that Mr. Sykes~ automooile is rates at 2~..~0 horse power, an~ should have pa~d $10. per
<br />year license taxes, instead of $15. per year. Hence he is entitled to the amount requested
<br />b~ hLm."
<br />
<br />Motion of Mr. Ea'~oin to concur and appropriate $15.00 to make said refund was
<br />
<br /> ~epa~tmen~ was received and ordered filed,
<br />Daily report of the Accounting ~ ~ '
<br />
<br />The followiHg letter from the 0ity Ootieotor was read:
<br />
<br /> ,,The following are erroneous assessments in the 193% levy:
<br /> Unpla~ted~prop~rty N.S. North St., assessed t'o F.M. Wilder & J.H. Sykes,
<br />valued at $400. Tax $10.60; ~duplioate). House, valued at $2500, ~66.25 tax, assessed in
<br />error on lots 16-1?-lS Blk. l? ~. First Ave. in nmme of Essie B. Kirn.
<br /> Hope you will see fit to relieve these charges."
<br />
<br />On motion same was referred to the City Attorney.
<br />
<br />- NEW BUSI~ESS -
<br />
<br />The following letter was read:
<br />
<br />"Portsmouth, Va., August 23, 1932.
<br />
<br />To: Portsmouth Oity 0ounoil
<br />
<br />Subject: Domestic Oil B-~rning Equipment.
<br />
<br /> o_.,~:~no~ be s~mended to conform, ~o Sec-
<br /> A request is hereby submitted that city
<br />t ion I Paragrap~ B, page 20 of "National Boa~ of Fire Unde~riters" which permits instal-
<br />lation of 2Y5 gal. t~uk in buildings a~ reads as fo~ows:
<br /> "Nnen located inside buildiD~ or s~bobe ~o~d, the aggregate capacity of the
<br />tanks used in co~ection with the system shall not exceed 2Y5 gals.
<br />Reason for Request:
<br /> Saving of $150.O0 average instal%ation. I~oroved burner a~ safety e~uipme~
<br />~'~ik
<br />~_~u , ~iol~mond and majority of Virginia caries allow inst~lla~ions as per ~atibn~t Board
<br />rules.
<br /> Respectfully s,~omit ted:
<br />
<br />Geo. ~. ~hitehurst,
<br />i000 Dinwiddie St.
<br />Pot tsmout h: Va."
<br />
<br /> Motion of Mr. Hutohins to refer to 0ity Manager and 0ity Attorney for report at
<br />next meeting, was adopted°
<br />
<br /> The following letter was read:
<br />
<br /> .On June 4, 1932, E.C. ~itt, whom I now but did not then represent, was
<br />in the City of Portsmouth on a charge of fornication. He was tried in the Police Court on
<br />June 6, 1932, fined and noted an appeal to the Court of ~ustings for the City of Portsmouth
<br />On July ll, 1932, when the case came up for trial on appeal, ~itt was not present, and his
<br />bor~isman, E. S. Early, rather than trove the bond forfeited, later, on July 20, 1932, paid
<br />Witt's fine and costs, $35.00, and dismissed the appeml. Still later, the Deputy City ~er-
<br />geant, Mr. James Go Talbot, not knowing that the fine had been paid, picked Witt up and com-
<br />mitted him to jail. Eritt, not knowing hie fine had been paid, made no protest and served
<br />twenty days in the Portsmouth Oity Jail, in lieu, as he and the officers thought, of paying
<br />his fine and costs.
<br /> The case was a city case, City of Portsmouth v. E.G. %~Vitt, and as such any re-
<br />quest for relief comes before the City Co%u~cil, since the City of portsmouth received the
<br />money paid by Early for Witt.
<br /> %7itt finds himself in the position of having served his sentence in jail in
<br />li~eu of paying his fine, and at the same time being responsible to Early for the repayment
<br />cz the $35.00 paid out for hLm by Early. As a matter of law, of course, there is nothing
<br />tn.e Judge of the Court o~ Hustings can do zor h~s relief, but as a matter of right and
<br />t~ce I as~ ~nat ~he ~ouncil relieve this me~ of a double punishment fo= one o~zense by re-
<br />
<br />
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