|
~Janu~ry 25, 1921
<br />
<br />automaticmlty created when the oenmms o~me in, and it would necessarily be in exiszenoe today
<br />whether the last Legislattuve elected Justice Thomas or not. Even should his election be held
<br />illegal, which is doubtful, the court would remain and the GovernorI would be compelled to ap-
<br />point someone to fill the ~acancy.
<br />
<br /> "3. Both the Police Court and she Civil Court were created by the Legislature. It meets
<br /> a '
<br />next about ~he middle of January, 1922, and, should the City desire the two courts t~ ~e gazn
<br />consolid~ted in one, a Civil and Police Court, it can easily, through its~resentatives there,
<br />secure the enactment of such legislation.
<br />
<br />"Very truly yours,
<br />
<br />"Geo. Bosman, City Attorney."
<br />
<br />On motion, ~the matter was laid on the~able.
<br />
<br /> 12th. Enclosed draft of an ordinance, entitled, "AN ORDINANCE MODIFYING ORDINANCE REQUIR-
<br />ING ALL PERSONS TO OBTAIN ~wR'OM THE CITY ENGINEER A PERMIT TO OPEN OR DIG UP THE STREETS' OF
<br />THE CITY, TO REQUIRE APPLICATIONS TO BE MADE TO THE CITY ENGINEER FOR THE pRIVILEGE; TO FIX
<br />A SCHEDULE OF UHARGES FOR THE PRIVILEGE; AND TO REQUIRE OF EACH APPLICANT A BOND TO SAVE HARM-
<br />LESS THE CITY FROM INJURIES RESULTING FROM THE NEGLIGENCE OF THE APPLICANT. (See Ordinance Book)
<br />
<br /> Mr. Esleeck moved That the rules be suspended to consider adoption of th~ordinance.
<br /> The motion was adopted and the rules suspended by ~he following vote: .
<br />
<br /> Ayes-- Brooks, Esleeck, Smith, Hall, Hutchins, Cast, White, 7.
<br />
<br />Then the ordinance was adopted, on motion of Mr. Esleeck, and by the following vote:
<br />
<br />Ayes-- Brooks, Esleeok, Smith, Hall, Hutchins, Cast, White,
<br />
<br /> 13th~ Communication stating that, in connection with the opening of new streets, it does
<br />not seem mo him proper to expect the City to bear ~he entire risk connected therewith; that
<br />it has occurred to him that, in accepting any proposition for the opening of a street made bY
<br />our citizens, it should be done with the proviso that the owners of the property should bear
<br />half the risk.
<br /> On motion, the communication was referred to the Finance Committee.
<br />
<br /> 14th. Communication calling ~ttention to the fact ~hat an ordinance adopted by the Coun-
<br />cil April 29, 191~, authorizes the City to regulate the sale and use of gas in the City of
<br />Portsmouth; that in an effort on his part to put this ordinance intoeffect,the President and
<br />Superintendent of the G~s Co. states that he he has secured an opinion from~ the Company's
<br />attorney that this ordinance conflicts with the State law on the subject and that he must,
<br />therefore, decline to ~eooEnize the authority of the City in the matter.
<br /> The City Manager requested that he be given authority to ~est this matter in the proper
<br />Court through the City Attorney.
<br /> On motion, the request of the City Manager was granted.
<br />
<br /> 15th. Requesting that he be authorized to carry the suit of the City o~f Po{tsmouth vs.
<br />the Portsmouth Gas Co. on the question of franchise, to the Court of Appealis,and to employ
<br />Najor Tyler, of Norfolk, on the case. He stated, thgt Major Tyler has hg~d~ed the matter
<br />almost exclusively'so fa~ and'he thinkg it highly advisable ~hat'he be dontinued as special
<br />counsel for the City.
<br /> On motion, the matter was referred ~o ~he Finance Committee.
<br />
<br /> 16th. Enclosing the following drafts of ordinances and recommending their passage, same
<br />havi~g been prepared by the City Attorney mhd been approved by the Director of Publio'S~fety
<br />and City Mangger$
<br />
<br /> An Ordinance to Require a Permit for ~he Carrying of Concealed Weapons, such am Pistols,
<br />Bowie-Knives, Razors~ Sling Shots, &c., and Fixing Pen~Ity for the Violation Thereof. ~
<br />
<br /> An Ordinance Prohibiting Dealers from Selling Concealed We~p0ns,
<br />Knives, Ra~ors, Sling Shots, &o., to Purchasers Not Pl~ving Permit for
<br />Fixing Penalty for Violation Thereof.
<br />
<br />Such as Pistols, Bowie-
<br />Pttrchase o~ S ~e,
<br />
<br />On motion., the ordinances were placed on mheir firsf reading.
<br />
<br /> UNFINISHED BUSINESS
<br />
<br />The following communication was read from t~ Director of Public Safety:
<br />
<br /> "January ~h, l~21
<br />"Mr. L. C. Brim$on, City Clerk,
<br /> City.
<br />
<br /> "Dear Sir:--
<br /> I have recei~e.d copy of Resolu~tion Prssmntsd by Coumcilman Brooks and a-
<br />dopted at a meeting of The Council held January llth, 1~21.
<br />
<br /> "Will you please express to the Council my sincere appreciation of its pledge of support
<br />to the City Manager.a~d Director of Public Safety in their efforts ~o enforce law and to pre-
<br />serve order.
<br />
<br /> "Also in directing the City Attorney ~o appear in the Court of Hustings a~ the pr.'oper
<br />time as ~cunsel for the Director of Public Safety, to assist the Commonwealth's Attorney in
<br />the prosecution of ch~rges~gainst Austin Etheridge.
<br />
<br />
<br />
|