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January 25, 1921
<br />
<br />"Digesting these provisions, we find,
<br />
<br /> "l. That section one pro,ides, (a) that the City council may appropriate money for the
<br />employment of nttrses, physicians, and physical directors for the school work~ (b) that such
<br />money shall be placed to the credit of the school board, (c) that such employees must bs ap-
<br />proved by both the state health commissioner and the State superintendent of public instruc-
<br />tion.
<br />
<br /> "2. That section two provides, (a~) that
<br />of the salary of physical directors, Ibcl that
<br />the salary of nurses and physicians, that
<br />to be employed by the local school trustees.
<br />
<br />the State bo~rd of education may pay one-half
<br />the State board of health may pay one-half of
<br />the said directors, nttrses, and physicians are
<br />
<br /> "3. That section three provides, (a) that such examinations and physical training shall
<br /> be a part of the educational program, and (b) shall be prescribed by the State bca~d ~ edu-
<br /> cation and approved by the State board of health.
<br />
<br /> "I think it clear that under this act the Health D~lmmrtment of the City. can not- certain-
<br /> ly without the consent cf the School Board and the State board of Health and~he State board
<br /> of education- take over the medical inspection of the schools. It is to be regulated and pre-
<br /> scribed by the State hoard of education and approved by the State board of health. The money
<br /> appropriated is to be set aside as a p~rt of the school fund, and so credited. The employment
<br /> is to be ~y the school trustees, and one-half of thesalaries may be paid by thegState. The
<br /> language of the.ac~s~of ever~ section thereof makes it plain that it is intended as a school
<br />.~~b~~s~e~nforc~d by the school a' under the supervision, not
<br />~of the H~alth Department of Portsmouth,; but of the State ~eation andthe State board
<br />of health.
<br />
<br /> "Of course', this act may be amended at the ne~t session of the Assembly, January~th,
<br /> 1922, so that this work mmy be properly take~ ore,the local Health Department.
<br />
<br />"Very truly yours,
<br />
<br />"Geo. Bosman, City AttOrney."
<br />
<br /> 5th. ~orwarding report of the Kings~Daughters' Hospital for December, 1920, showing
<br />total expenaiture of $329.75, on account of City pmti~ntsand City employees.
<br /> On motion, same was ordered to be filed.
<br />
<br /> 6th. Communication stating that it is probable that the bridge leading ~o the new ceme-
<br />tery will be completed during February and final payment including the pay of the inspector
<br />for two months at $175.OO per month will be due, the total amount needed being $9,83~.$S; and
<br />recommending that this amount be appropriated from the
<br /> On motion, the communication was referred to th Committee.
<br />
<br /> 7th. Submitted proposition from the Craford Place Corporation for the extension of Wash-
<br />ingtcn street, from. Carroll street to Craford Place, at an estimated cost of $6,000.00. Also,
<br />proposition of Geo. D~ Law, enos, agent for owners, offering to the City for the extension cf
<br />Dale St. north to the~line of the property o~ the Crmford Place Corporation~a strip of land 60
<br />feet wide and 210 feet long, for the sum of $1,500.00.
<br /> The City Manager s~ated that it is possible that the Craford Place Corporation would
<br />finance the whole matter for the present, provided he is authorized to assure said Corporation
<br />that the matter would ~e~covered later by a bond issue.
<br /> On motion, the propositions were referred to the Finance Committee.
<br />
<br /> 8th. ~rwa~ds opinion from the City Attorney to the effect that it will not he proper to
<br />charge mny est~im~ed overhead oha~vges to the Eighth and Ninth Wards; any actual overhes~ .
<br />expense is a proper charge; that the immediate expenditure of money collected in these Wards
<br />is not, however, nsoessary$ that it may be borrowed by the City, providsd a loan account is
<br />opened ~nd may-be refunded when the regular tmx rate goes in%o effect.
<br /> He stated that he hmd instructed all Departments to k~ep ms far as possible~an actual
<br />account of ~ime devoted by them to work connected with these Wards and these items will be sub-
<br />mitted to the Auditor at the end of each month.
<br />
<br /> The following is the
<br />
<br />"General J. P. Jervey,
<br /> City Manager,
<br /> Portsmouth,
<br />
<br />opinion of the City Attorney concerning same:
<br />
<br /> "Jan. 15th, 1921.
<br />
<br />Virginia.
<br />
<br />"Dear Sir:--
<br />
<br />Further in regard
<br />
<br /> "As per request, I hmve discnssed this maurer at some
<br />attorney for said wards, and~ have arrived at the following
<br />
<br />to overhead charges against 8th mhd 9th Wmrds.
<br />
<br /> length with Maser Tyler of Norfolk,
<br /> final conclusions:
<br />
<br /> "l. No estimated overhead charge can be legally made,
<br />grounds, allow same without m legal contest.
<br />
<br />nor will Ma~or y~er, on equitable
<br />
<br /> "2. As each item of public improvement, or each expenditure thereupon, is made in said
<br />wards the overhead expense of such item or expenditure m~y ~e determined, and is a proper charge
<br />mgainst~the Wards. ~This much Major Tyler mdmi~s.
<br />
<br /> "3. The lmw provides that all money collects& from the wards shall be expended therein,
<br />but it does not say When. tt is my opinion, therefore, thmt the City need only expend in said
<br />~rd~ at this time such amounts as are absolutely necessary. It may cause a loan account to
<br />
<br />
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