R.C.P.
<br />
<br />March ~, 1915.
<br />
<br /> on assessment of $1,500. for the year ending June 30, 1915. ~
<br /> Te make available $840. to the Board of Quarantine Commissioners to meet its expenses for
<br /> the current year.
<br /> Order of Court relieving and discharging from lien of taxes on real estate of "Jos. P.
<br /> Moore, estate, for the years 1899, 1900, 1901, 1908, 190~, and 19tS.
<br /> To authorize the Treasurer to borrow SEO,O00. ~o meet Current Expenses and $!0,000. to
<br /> meet School Expenses, for February~ 1915.
<br /> To pay bills of The Portsmouth S~a~ against the Sixth md Seventh Wards to amount of $12~.~¢
<br /> and $149.00, respectively, for advertzszng the Delinquent Tax List; out of first funds available
<br /> to said Wards.
<br /> Resolution with regard to the City Collector and City Treasurer depositing funds of the
<br /> City equally or as near e~uatly as pra~tieabl~, between the four ~anks of the City.
<br /> An appropriation of $250. to Norfolk Soo~ety for the Preventzon~of Cruelty to Children,
<br /> to take care of indigent childre~ from Portsmouth for 1915.
<br /> $1,495.15 allowed to F. J. McGuire for work done on upper High street, as agreed to by com-
<br />promise between F. J. McGuire and the City of Portsmouth.
<br /> Adopted ~recommendation of the Finance Committee with regard to taking up notes held by the
<br />four local banks as of December 31st, 1914o
<br /> To gran~ a petition of Harry L. Alexander for permission to lay an eight-inch terra cotta
<br />sewer pipe along Wall street, from Chestnut to Pearl, at his own expense; the work to be done
<br />under the supervision of the City Engineer.~
<br /> To grant a petition of the Portsmouth Coal & Ice Co. to be allowed to put a bridge across
<br />Armstrong street, ~at the corner of High and Armstrong, accompanied by a diagram; provided, that
<br />the bridge be removed when the Council so requires and at the expense of the Company.
<br /> To grant an application of J. P. Buxton to plant a cedar tree on the Court House square,
<br />east side of the ~a~e; the tree to be planted under the supervision of the Public Property Com-
<br />mittee.
<br /> To allow one of the rooms o~ the first floor of the Armistead Building for an office for
<br />the Commonwealth Attorney.
<br /> Adopted resolution with regard to confirming the appointment of Mr. R. Lawrence Trant as
<br />Deputy Auditor9 while.Mr. T. Hume, the Auditor, is sick.
<br /> Referred to Publzc Property Committee, wzth power to ac~, condition of the roof of the
<br />Annex Engine House.
<br /> To grant a petition of the Portsmouth Police Relief Association for use of the playground
<br />at the.corner of Fourth and Wythe streets during the month of May, 19i5, to hold a carnival;
<br />and also to be relieved from the payment of a license tax on same; provided the Park Commission
<br />approves of same.
<br />
<br />Third. Reports of Officers and other unfinished business.
<br />
<br /> The re~iar reports of Officers for the month of February, 1915, were presented and were
<br />ordered to take the usual course.
<br />
<br /> The Auditor reported the following b~lls held up by him because they exceeded
<br />propriation for same: Fire, $4~.86~ Cemetery, $65.00.
<br /> On motion, the bills were referred to Finance Committee..
<br />
<br />i/is of ap-
<br />
<br /> The following was received from the ~ity Attorney in reply to a request from the Common
<br />Council February 9th, that he give his written opinion as to the right of a Councilman to serve
<br />as State Assessor of real estate and dra~'any part of his pay for same from the City:
<br />
<br /> "Portsmouth, Va.~ March 9, z915.
<br /> "To the Honorable City Council,
<br /> "Portsmouth, Va.
<br /> "Gentlemen:--
<br /> ~Reptying to your desire that I give to you a ~written opinion as to the
<br />right of a Councilman to serve as State Assessor of real estate and draw ~art of hie pay for
<br />same from the City,' I beg to attach hereto a copy of the written opinion which I furnished
<br />to Hon. F. S. Hope, Mayor, concerning the question involved.
<br /> "Fu~the~ replying I beg to sa~ that it is my opinion a Councilman may serve as State As-
<br />sessor and draw such pay as the State and the City ~y allow, provided they do not exceed the
<br />amount fixed by law.
<br /> "Respectfully submitted,
<br /> "Jno. W. P~pper, City Attorney."
<br />
<br />The following is the opinion the City Attorney furnished to Hon. F. 8. Hope, Eayor:
<br />
<br />"Portsmouth, Va., January il, 1915.
<br />
<br /> ."Hon. F. S. Hope,
<br />
<br /> "Mayor of ~'hebCity o~ Portsmouth.
<br />
<br /> ~Dear Si'r:--
<br /> "Replying to your communication of the 9th inst., requesting to be informed
<br />if Mr. C. N.:Markham is a legal member of the Council, I respectfully beg to say:
<br /> ~I presume that the question of Mr. Markham's legal membership of the Council arises from
<br />the fact that he was recently appointed by the Court of Hustings as one of the persons to as-
<br />sess the value of all land~ and lots, together with the improvements thereon within the City
<br />of Portsmouth. If this be so then it is my opinion that such appointment does not vacate his
<br />office as Councilman, but that he is still a legal member of the Council.
<br /> "Neither by our Charter, by the general laws of the State, nor by the Constitution are
<br />there any limitations upon the eligibility of members of the City Council, other than that they
<br />shall be members of their respective wards and qualified voters.
<br /> ~It is true that he is not eligible, during his tenure of office or for one year thereaf~er~'
<br />~o any office to be filled by the Council, by .election or appointment, but it will be ~hserved
<br />that this office, of assessor, was not,'nor could be, filled by the Council-, but only ~y the
<br />Court, hence this limitation does net apply.
<br /> "It is further ~rue that Section 20 of our Charter provides that, ~No member of the City
<br />Council shall be allowed to furnish anything whatever to the Oity for which he receives.any
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