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Decem~oer 14~ 1916.
<br />
<br />petition of certain property holders on Washington street, asking that the Council take some
<br />steps to prevent the rebuilding by Er. H. B. ~lk~n~ of his staoles on the site el its previous
<br />location, I beg to sky:
<br />
<br /> ~That section 23 of ou~ Cha~ter provides that the Council,
<br />to ma~e such ordir~nces, by-laws, orders, a~d regulations as it
<br />the following powers ~nich are hereby vested in it~
<br />
<br />~shall likewise have the power
<br />m~y deem desirable to ca~ry out
<br />
<br /> "Sixteenth: Nuisance: To require and compel the abatement and removal of all nuisances
<br />within '~id city at the expense of the person or perso~s causing the same, or the ow~e~s~or owner
<br />of the ground whereon the same shall be. To reEulate amd prevent s~&ughter-houees, soap, and
<br />c~ndle factories, or. the prosecution of ~ny dangerous, offensive~ or unhealthy busir~ess, trade
<br />or employment therein, which maybe injuri~ous to the hemlth of the i~abitants of ~id City.'
<br />
<br /> "This provision in our Charter gives ample authority to the Council to.pass ordinances
<br />abate or remove nuisances~ to r~gulate or prevent slaughter houses~ .soap s~ad candle factories,
<br />or the prosecution of a~y dan~eroue~ offensive~ or unhealtk_~y busi~nes$.
<br />
<br />"But ~he~real question is does a horse stable fall within this Charter provision.
<br />
<br /> ~It has been declared by a
<br />per see, by itself, it is the manner of its use which makes it a~ nuisance, therefore,
<br />regulation rather than prevention.
<br />
<br /> "lO Ency. Digest (Livery Stables), P.~ 505.
<br /> '"Chambers vs. Cramer, 49 W~ Va. 3~°5-
<br /> ~Heported in 5~ L. R. A. 5~5~ with
<br /> "Bristol vs. Bristol, ~? Va.~ 304-30~o.
<br /> "Eobile vs. Orr, ~5 L. R. A. (N.S.),
<br /> "It can hardly be said to, be dangerous or unhealthy in the sense, in which it woula become
<br />a nuisance, nor will it be offensive if properl~y~conducted.
<br />
<br /> "S?~uld the Council, however, desire to p~ss some ordinance o~
<br />general ~nd reasonable re-gulatlon amd apply to ail alike.
<br />
<br /> "The Legislature m~y not, Under the guise of protecting the public i~terests,
<br />znterfer~ with private business or impose unusual and unnecessary restrictions up'on l~{~ul oe-
<br />cup~%tions.' i Abbott Eunicipal Corporation Sec. ll6 mnc! notes.
<br />
<br /> "Nuisznces are of two kinds, public a~ud private, It is with the former that the Council
<br />a~one can deal; the latter affects one or. more individuals, as private citizens, aha ~hey have
<br />full ~nd adequate remedy by civil motion or~'suit.
<br />
<br />long li~e of authorities thmt a.Iivery stable is not a nuisance
<br /> subject to
<br />
<br />it should be a
<br />
<br />"Respectfully,
<br /> C ~
<br /> "Jno. W. Happer,~ ity Attorney."
<br />
<br /> (Signed) Jno. A.
<br /> ~orr~s: Chairman.
<br />
<br /> The report of the Department having been read, the several recommended orezn~noes were
<br />ordered to lie on tko table until the next regular meeting of the ~body.
<br />
<br /> With regard to the petition of sundry, cit'lzens on Washin. g~on street protestin~. ~ .against
<br />the rebuilding by Nr. H. B. Wilkins of his stables on the site of.their previOUs ±ec~tio~, the
<br />Chair,.noted that certain~citizens were present a~d suggested.that the ru~s b~ sus~en~edi~0 grant
<br />tkem the privilege of the floor in this m~tt~er. No objection was m~de and the rul~s were sus-
<br />pended.
<br /> Thereupon, Er. J. T. Hedges spoke for the peti~ioners~ giv~.ng several reasons
<br />gainst the re-building of the stables on the site~of their former ioca~on~ and Er. H. B. Wilkins
<br />and Er. ~rank L. Crocker, attorney, spoke against gr~nting the petition.
<br /> Then th~ petition Was discussed by several me~mbers Of the Counc~1.
<br /> ~ir. Eorris.stated that he thought the Opinio~ o~ the City A~t'o~n~yco~ered the~mat-
<br /> Er. Eorga~u moved tc ~efer the matter to t~e Departments-of Law, Pub!i01Welfa~e and Pub~
<br />
<br />lic Safety to report at-an e~ly meeting.
<br /> Er. ~orris moved to amend, ~hat ~he
<br /> December 15th. The amendment w~s.a~lopted.
<br />
<br />joint departments report on same ri~y night,
<br />
<br />Public Service--
<br />
<br />Eeferred Nov~mber,28th~
<br />
<br /> Authorized to make further purchase of cobol'for the Sewer Power House at such. times and
<br />prices as may be deemed e~i?is~ble.
<br /> ~e report thmt a sufficient amount of coal has bee~ purchased for the Sewer Power
<br />House for the months of January and February.
<br />
<br /> A petition of W. A. Green and W. A. Hunt, Assistant Engineers.at the Bower Power House,
<br />for mn increase of pay.
<br /> It is ~ecommended that the Assistant-Engin~er~? salaries be increased from
<br />$85. per month.
<br />
<br /> A proposition of H. L. Alexander to sell his property for the e~tension~of PI~tton street
<br />to the City for $15,000. cash.
<br /> It is reco~.ended that we offer Er. Alexander $15,000~ for this property and give him
<br />the City's note for same.
<br />
<br /> A petition ~ = G. Gray~ street hand~ for ~n imc=ease in pay from ~3.00 to $3,50 p~r ~y~
<br /> It is reco~ended that th~ sal~y of Nr. Gr~y be fixed, at $)~50 per day, and that he~
<br />
<br />
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