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The Oity Attorney-returned ihs following opinion "as to the legal statue of the School
<br />Board as now constituted," requested 'Of himby the two branches of Council June 8-1?t.h, 1915:
<br /> "Portsmouth~ Va., July lSth, 1915.
<br /> "To the Hon. City Council,
<br /> · Portsmouth, Virginia.
<br />
<br /> .Ge nt I omen: --
<br /> "Replying to your~request that I give a 'written opinion as to the legal
<br />status 'of the School Board as now constil;uted,' I beg to say:
<br /> "The City having been redistricted by ~aking the First, Second and Third Wards District
<br />No~ 1; the Fifth and Sixth Wards District No. E; and the Fourth and Seventh Nards District No.
<br />b3;y and while this reduces the number of School Trustees from twenty-one ~to nine, I see no way
<br />which such reduction can at present be made.
<br /> "~hile a School Trustee's Office may be abolished by redistricting the City, (Va. Code Sec.
<br />15~8), yet it seems to me not to have been done in this case for the reason~ that you can not
<br />determine which of said~Trustees would go out of office, all being elected for three years. It
<br />eau not be said that the TrUstees from the First Ward go out of office any more tb~ those from
<br />the Second Ward, nor from the Third Ward; these three Wards making District No. 1. The same
<br />may be said as to all the other Nards of the .City.
<br /> "It is my opinion that the proper solution of the question is for the Counc~t~nOt to re~
<br />oleos until the proper number in each District, as now constituted, is reached.
<br />
<br />"Respectfully,
<br /> "Jno. W~. Happer, City Attorney."
<br />
<br /> On motion, the opinion was ordered to file, and the Clerk instructed to send a copy of
<br />same to the Clerk of.the School Board.
<br />
<br /> The Auditor made the following report Of bills Reid up by him, because'of lack of appropri-
<br />ation or because they exceeded
<br />Fire, $54.47} Polio'e,
<br /> On motion, the bills were referred to the Finance Committee.
<br />
<br /> The fcllow~ng ordinanc~ ordered to lie on the table by this body June 8th was taken up,
<br />read, and adopted:
<br /> AN ORDINANCE FOR THE PROTECTION AND SALE OF FOODSTUFFS.
<br />
<br />And by the following vote:
<br /> Ayes--Corbitt, Herbert, Branch, Burgess, Cain,
<br /> .Hanvey,.Eutchin~, Whit~hurs~, ~lemming~.Lay!or, Montague, .Reynolds,
<br /> Wright(Earl H.),~ Morgan, Houghton, Nc~ze (Robt. L.), See, 17.
<br />
<br /> The Keeper of Cemeteries made the following~report of lots and graves sold in the Oak Grove
<br />Oemetery during the month of June, 1915:
<br />
<br />June l~' to Isao E. Bunch, No..~4, Ave. G.
<br /> E. L. & N. H. Shepherd, No. ?00, Ave. H~
<br /> 15, C.W. Brett, S. H.. No. ~76, Ave. G.
<br /> 16, J.C. Robinson, N. Ho No. 5?6, Ave. G.
<br /> PA, W.T. Gilehrist~ So H. No. 5?4. Ave. G.
<br /> ~8, ~ry.L. Charlton, S..H. No. 70~, Ave. G.
<br /> ~8, T~mae E. Oulpepper,~N. H. No. ~86, Ave~ G.
<br /> 28~ R.L. ~itehead, S. H. No. ~6, Ave.oG.
<br /> ~, B.F. Tu=ne~, a~lt's g=ave,-No. ~ Ave.
<br /> $0,' Wm. J. ~ugham, N. Hj No. 701, Ave. G.
<br />
<br />NEW BUSINESS.
<br />
<br /> A notice was received from the Superintendent of Sohoets of a vacancy in ~he Second School
<br />District, caused by ~ignation Of Mr. Geo. M. Wonyoott of the ~ifth Ward, and the fillLug of
<br />said vacancy was referred tO a Joint S~eml~n of the .t$o branches of Council.
<br />
<br /> A communicatio~ was read from the Secretary of the Board of Health notifying Council that
<br />terms cf members of the Beard expired July let, 1915, and requesting the electron of their suc-
<br />cessors at an early date.
<br /> On motion~ the election of members of said Board Was referred to a Joint .Session of
<br />the two branches of Comncil.
<br />
<br />the
<br />
<br /> At this point, Mr. Houghton raiaedthe question about re6uiring, the Sixth ~ard to pay for
<br />improvement of Pearl stree$~
<br /> The matter was discussedby him, Mr. Moore (Robt. L,.), Mr. Morgan, andthe Oity Attorney.
<br /> ~The opinion of the. City Attorney given April ?t~ 191S, in'regard to same was read, but
<br />
<br />no further action was taken on same.
<br />
<br /> Mr. Herbert asked for a suspension of the rules in order .on of
<br />$100. for smetion sleeves for the Independent engine, the case
<br /> The rules were muepended and the appropriation allowed by the vote:
<br />
<br /> Ayes--Co=birr, Herbert, Branch, Burgess, Cain, Hanv~y, Hutc~ins,~.~hitehuret,
<br /> Flemming~ LayiorA Nontagu?, Reynolds,-~right (Earl .H.)., Morgan,
<br /> HoUghton, Moore (Robt. L.), See, 17.
<br />
<br /> The Chair said he wished to retire but before doing so~ he would like tb have the Grimes
<br />Battery matter brought up.
<br /> Whereupon, Mr. Hanvey presented ~ commmtnication from the Battery together with pledged
<br />subscriptions by citizens to amount of $501.50. . '
<br /> Mr. Houghton then moved a suspension of the rules to consider an appropriation the Bat-
<br />tory. The motion was adopted.
<br />
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