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c. 225
<br />
<br />February 8, 1921
<br />
<br /> window.
<br />ment of the City, driven by a nurse of said department, was backed into said/ The dsumage amount-
<br />ed to $109.9S, which the insurance Cc. paid to Dr. Grice, the owner of the premises, and for
<br />which it is now asking to be re-imbursed.
<br /> The City Attorney states that thLm amount of money should be so appropriated, an~ that
<br />the claim be settled.
<br /> On motion, the matter was referred to the Finance Committee.
<br />
<br />The following opinion was read from the City Attorney:
<br />
<br />"February 7th, 1921.
<br />
<br />"Honorable City Council,
<br /> City of Portsmouth,
<br />
<br /> "Gentlemen:-
<br /> Further with regard to the election of Police Justice.
<br />
<br /> "Due to the somewhat vague and uncertain language of the State law on this subject, the
<br /> determination of just how, when, and by whom our Police Justice should be elected or appointed
<br /> has been fZaught with much difficulty. It was clear from the first that, under Section 3095
<br /> of the Code of Virginia, the position of Police Justice was created in Portsmouth immediately
<br /> upon the showing of the census that we had more thmn 45,000 inhabitants. The only question
<br /> has been as to the right of the Council to fill the ~acanoy existing in that office since that
<br /> time, and~ as no charter pr~vision or ordinance was found conferring this right, the City At-
<br /> torney gave as his opinion that the appointment would have to be made by the Judge of the Court
<br /> of Hustings.
<br /> "Since th~ filing of that ooinion, a more careful r~ading of the old City charter and the
<br />ordinances pas~ed by the Council-prior to 1915 has brought to'light two'~seotions bes~ring di-
<br />rectly on this point. Chapter seven of the City Charter, after enumerating several city of-
<br />.rices and providing that 'there may ~e such other officers as the Council may deem proper,'
<br /> specifically provides in ~ection.7$, that 'the Council is also empowerea to ~ill the unexpired
<br /> terms of office of all ofzicers (whether elected or appointed) unless otherwzse provided by
<br /> this Act, or by the general laws of the State.' While it is true that some question may be
<br /> raised as to the interpretation of this section, and the argument advanced that it does not
<br /> apply 'to offices hereafter created by the Legislature, yet i~ is believed that it shows a
<br /> cles~r intention on the part of the framers of our charter to give to the Council the right
<br /> to fill all, vacancies in office, and that it would be so construed in the Courts. Showing
<br /> that the City Fathers o~sidered that they h&d this right under the charter, they provided by_
<br /> ordinance.~just how the douncil should proceed in filling vacancies, that is, at a joint meet
<br /> ing of the ~wo branches of the Council called for that purpose.
<br />
<br /> "With this eharter provision and ordinance before us, it is believed that section 136 of
<br /> the Code does nom apply, and that the Council has the right to elect the Police Justice. There-
<br /> fore, the opinio~ heretofore rendered by the City Attorney should be discarded, and the Coun-
<br /> cil should proceed with the election as authorized by its charter.
<br />
<br />"Very truly yours,
<br />
<br />"Geo. Bosman, City Attorney,"
<br />
<br />and
<br />
<br /> Then Mr. Esleeck moved that the opinion of ~he City Attorney be received and recorded,
<br />that the Council go into the election Of a P*~ice Justice at its next regular meeting.
<br /> The motion was adopted.
<br />
<br /> The following ordinance, which had been placed on its first reading by the Council Janua-
<br />ry 3!st, was taken up and read:
<br /> AN ORDINANCE TO A~IEND AND RE-ORDAIN CERTAIN SECTION OF ~AN
<br />ORDINANCE AUTHORIZING THE ~SEUANCE OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00) BONDS OF THE
<br />CITY OF PORTSMOUTH, VIRGINIA, FOR THE PURPOSE OF CONSTRUCTING A SCHOOL HOUSE, FIRE HOUSE, AND
<br />PUBLIC BUILDING, AND MAKING STREET IMPROVEMENTS IN SAID CITY; MAKING PROVISION FOR FORM OF SA~D
<br />BONDS AND FOR THE PAYMENT THEREOF." (See Ordinance Book).
<br />
<br />vote:
<br />
<br />A~d,'.~;en motion of Mr. White, seconded by Mr. Esleeok, same wae adopted by
<br /> Ayes-- Brooke, Esleeck, Smith, Hall, Hu~ohins, White,
<br />
<br />the following
<br />
<br /> Nays-- Cast, i.
<br />
<br />The following ordinances,
<br />25th, were taken up, read,
<br />
<br />which had been ordered to lie on the
<br />and adopted:
<br />
<br />table by ~he Couhcil Janu-
<br />
<br /> AN ORDINANCE TO REQUIRE A PERMIT FOR THE CARRYING OF CONCEALED WEAPONS, SUCH AS PISTOLS,
<br />BOWIE-KNIVES, RAZORS, SLUNG SHOTS, &C., AND FIXING PENALTY FOR THE VIOLATION THEREOF. (See
<br />Ordinance Book~.
<br />
<br /> AN ORDINANCE PROHIBITING DEALERS FROM SELLING CONCEALED ~APONS, SUCH AS PISTOLS, BOWIE-
<br />KNIVES, RAZORS, SLUNG SH02S, &C., TO PUR~?IASERS NOT HAVING PERMIT FOR PURCHASE OF SAME, AND
<br />FIXING PENALTY FOR VIOLATION THEREOF. (See Ordinance Book).
<br />
<br />And by ~he following vote, the ~ote being the same for each:
<br />
<br />Ayes-- Brooks, Esleeck, Smith, Hall, Hutchins, Oaet, White,
<br />
<br />NEW BUSINESS
<br />
<br /> Bills of the Virginian-Pilot Publishing Co. to amount of $42.00 and Portsmouth Sta~ to
<br />~mount of $61.50, with regard to advertising Mass Meeting held January 23rd concerning proposed
<br />removal of th~ County Seat to Norfolk. were referred to the Finance Committee.
<br />
<br />
<br />
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