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October lC, 1922
<br />
<br />At a reguia~ meeting of the City Council 0etcher 10th there were present:
<br />
<br /> Messrs-- J. Alden Oast, J. O. Smith, R.E.B. Stewart,
<br /> L. G. White, ~.
<br /> Also the City Manager.
<br />
<br />The minutes of the regular meeting September 26th were read and were s~pproved.
<br />
<br /> REPORTS OF COMMITTEES
<br />Fin~nce--
<br /> 'No report.
<br />
<br /> The following communications were read from the City Manager:
<br /> 1st. "As directed by the
<br />Council, the Attorney and Ihave gone over H. R. 10212 which proposes to limit the jurisdic-
<br />tion of District and Oircuit Courts of the United States in certain cases. The passage of
<br />this Bill is being urged by various State and Municipal authorities.
<br />
<br /> The situation ~hich this Bill i~ intended to correct first developed in New Jersey, where
<br />the largest utility in the State, the Public Service Railway Company obtained an increase
<br />in fare by a Federal injunction. Shortly afterward in New York City, the New York Tel,phone
<br />Companysecured from the Federal Court an injunction restraining the enforcement of the rate
<br />order of the Public Service Commission. In Chicago, the obtaining of a reduced trolley fare
<br />on the Chicago surface lines was blocked by a Federal injunct'ion a~d St. Paul,MXnn., and
<br />~Augusta~ Ga., h~ve had almost similar experiences. So far as I know there have been no cases
<br />in Virgmnia which ~ould m~ke advisable the passage of this Bill. I can, however, see no
<br />reason why $~e Council should not endorse it if it is disposed to do so.
<br />
<br /> While I have not been ~dvised legally as to the Constitutio~lity of the Bill, it does
<br />seem to me on broad general grounds that the Bill as proposed would seem to in~erfere with
<br />the right of appeal. I sm attaching hereto a proposed resolution covering the matter."
<br />
<br /> The following is the resolution:
<br /> "WHEREAS, recent injunctions of Federal oourms have
<br />gravely intefered with, a~d in m~ny cases invalidated the decisions and orders of public
<br />utility Oommissions and State Corporation Commissions of various States, thereby removing
<br />from local jurisdiction matters which should properly be controlled by local authorities,
<br />
<br /> WHEREAS, House Bill ~10212 introduced into the House of Representatives of the United
<br />States on January 31st, 1~22, proposes to limit the jurisdiction of District and Oircuit
<br />Courts in certain oases,' by providing that no such Court shall have jurisdiction to enter-
<br />tain any bill or complaint to suspend or restrain the enforcement, operation or execution
<br />of ~ny order made by an Administrative Board or Commission of any State acting under and
<br />pursuant ~o the statutes of said State,
<br />
<br /> NE IT RESOLVED, That the Council of the City of Portsmouth, in regular sessibn assembled,
<br />petition the Senators of the State of Virginia and the representatives in Congress of that
<br />State to do all in their power to expecktte and secure the passage of said House Bill
<br />$10212."
<br />
<br />On motion of Mr. White, the resolution was adopted.
<br />
<br /> End."With reference to the petition of H~rry Lilly for re-imbursement for thirteen days
<br />lost ~n account of injuries received while on duty during July and August, I beg to state
<br />that this matter h~s been investigated and there is no record of any ~ccident that occurred
<br />to Lilly while discharging his duty in the Oak Grove Cemetery. According to the state-
<br />ment of his physicis~u he h~d a foreignb6dy in his left eye, complicated by ~rit~s which
<br />~leared up without any bad results. The Director of Public Welfare recommends that
<br />imbursement be not allowed and I concur in his recommendation.~
<br />
<br />On motion of Mr. White, the recommendation of the Eanagsr was concurred in.
<br />
<br /> 3rd. "In connection with the road which now crosses the d~m at Lake Eilby, which will
<br />be abandoned when the new State Highway is constructed below the Lake Kilby dam, I beg
<br />to state that investigation shows this old road to be the property of the City of Ports-
<br />mouth and the Superintendent of the Water Dept. proposes as soon as the new road is con-
<br />structed to close it at both ends where it joins the new road to be built b~ the ~tate
<br />Highway Commission.
<br />
<br /> Both the Superintendent af the Water Department and'I doubt the advisability
<br />of as.king the Highway Commission or County authorities anything about the road, as we be-
<br />lieve it inadvisable to stir up questions in regard to it."
<br />
<br />On motion, thg communication was ordered to be filed.
<br />
<br /> ~th, Notice, that as Mr. HJ P, Culepper is no longer a resident of the City of Psrts-
<br />mouth~ he has discharged him as subs,mtute police officer, eff&otive October ~th; and further
<br />accounting the appointmen~ of J. ~. ~ElIis as substitute police officer, vice H. P. Cu~pepper,
<br />discha=ged, effective October ~th.
<br /> On motion, the notice was ordered to be filed.
<br />
<br /> 5~h. ~Stating that he has been inf6rmed that the Navy Department has decided to ~bs~ndon
<br />the Nmvy Yard ~nnex south of the N~vy Yard bn which hzs been erected ~en large warehouses
<br />and twenty two car tracks. He believes that it would be very unfortunate if this proposed
<br />abandonment goes through, as it will mean the scrapping of vmlu~b2e proper~y which might be
<br />disposed of as it stends to a great m~nufaoturing plant.,
<br />
<br />In this connection, he recom~mended that the following resolution be adooted by ~.~1 ~-
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