Minutes 07/18/1916 - Laserfiche WebLink

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Jdly 18, 1915~ tion, $12.00; Almshouse, $18.12; Police, $167.95; Public Property, $12.95. It is recommended that Fire bills to amount of $22.93 Se referred 'to the Fire Commit- tee for investigation; that $12.00 be allowed to pay General Administration bills, out of appro- prlation in the Budget for "City Collector's Office" under General Administration; that $15.12 be allowtd.to pay Almshouse bills, out of appropriation to Almshouse; that a special appropria- tion of $187.95 be allowed to pay Police bills, and that $12.95 be allowed to pay Public Proper- ty bills, out of appropriation to said Department. A statement of the Auditor that au additional appropriation is needed for "Contingent for Council" 'under heading in the Budget of "General Administration." It is recommended that a special appropriation of $300. be allowed for same, to cs~vry said.Department to the end of the fiscal yea~. A petition of A. B. Jarvis to be refunded $5.$0 paid in error for soil tax on Nos. 21 High street, Sixth Ward. Progress. i617-i9- Referred by Board of Aldermen Dec. 28th. Re¢ommitted. A petition of Wm. Ruffin to be refunded $~.20 paid in error for soil tax for ~the years 191~ and 1915, Seventh Ward. It is ~ecommended that Mr. Ruffin be refunded said taxes, cst of Seventh ~ard funds. It is further recommended that the following resolution, suggested by the Auditor, be adopted: "Resolved, That all Departments and Officers having City property i~ their possession or under their control shall be required to furnish the City Auditor with an ihventory of same on the first days o~ January ~ud July of each yea~ and upon blanks furnished b~ the City Audi- tor; the first inventory undez this resolution to be taken as of July !sro 19t~, and inventories to be in the City Auditor's Office not later than thirty days after these dates." We report that we have authorized the Treasurer to renew notes in the several City banks to amounts of $35,000. during May and $25,000. during June. (Signed) J. T. H~nvey, Chairman. E. L. Barlow, Vice-Chairman. ~he report of the Committee having been read, the following opinion w~s read from the City Attorney as to the right of Mr. L. Privett to vote on the borrowing of $25,000. for sites for the new High School ~nd colored School buildings: "Portsmouth, Va,, July 1~, 1916. "To the Hon. Board of Aldermen, ~Portsmouth, Virginia. "Gentlemen:-- "Repl~ing to the communication of your Board, through Mr. L. P. Slater, City Clerk, calling formy opinion as to the right of Mr. L. Privett to vote on the question of "Borrowing of $25,000 for purchase of public school sites," the right of Er. Privett to vote being challenged, "because it was said Nr~ Prlvett is not a resident of the City." "The only facts ftuvnished in the communication are as follows: "The charge for such non- residence of Mr. P~ivett was that he had moved from the Third Ward, where he formerly lived, in- to the county. N~. Privett denies the charges." "The facts thus furnished being meager I called upon Er. Privett and obtained from him a w~itten statement of the facts, which is hereto attached. (See statement on file). "From tSe statement of Mr. Privett it will be seen that on account of his health he w~s ~vised by his physician to move in the counmry where he might sleep in the open air. That his stay in the country w~s only to be temporary, he intending to move back into the Third Ward in the fall, aud never intended to abandon that ward as a home. That he has regularly attended all the meetings of the council ~ its committees of which he is m member. That he still retains his place of business in the city. "Under this state of facts I have no hesitation in saying, in view of our recent decision of ou~ Supreme Court of Appeals in the case of Williams vs Commonwealth handed down March l~, 191~, ll6 Va. 2~2; that~Mr. Privett has not lost his residence and has full right to sit on your Board mnd to vote on all questions a~islng before the same. "In the case above referred to Williams was a member of the Council of the City of Alexander aud quo warranto proceedings were instituted against him to remove him from the Council. "The facts in that case arevery much stronger, in my opinion, than the facts presented in Mr. Privett's case. "Williams built him a cottage in the County of Alexander to which he removed with hisfam- ily and offered his house in the city for ~ale, but still retained his business in the city, and declared that it was ~ve~ his intention to abandon the city as his place of ~eeidence. The court held tl~t he hadneve= done so and quoting from another case says: "But if in leaving his original residence, he does so, animus revertendi, such original residence continues in law not- withstanding the temporary absence of himself and family. Such is the uniform language of the books, as well as t~e clear conclusion of common sense." "Respectfully submitted, right "Jno. The opinion hmving been read, Mr. Markham took o~ N~v. Privett to vote on the question. W. Happer, City Attorney." issue with the City Attorney as to the But the report 02 the Finance Commitzee w~s s~iopted and by the following vote: Ayes__Davis, Barlow, Cart, Adams, Privett, Wilson, Browne, Frey, Pil~, 9. Nays--Markham, 1.