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362,
<br />
<br />Ma~ch 9, 1915.
<br />
<br />principally to contractual ~relations,. and to prevent fraud being practiced upon the City.
<br /> "The asessor is a stats officer and his assessment is made for the Statel he furnishes no-
<br />thing to the City and is in no way liable to the City for a failure to perform his duties. The
<br />assessment is made for the State, and when made Section lB8 of the Constitution, which is embod-
<br />ied in our Charter~ requires it to be adopted by the City; using the following language:
<br /> "Sec. lBS. In cities and towns the assessment of real estate and personal property for the
<br />purpose of municipal taxation, ~ha~l be the same as the assessment thereof for the purpose of
<br />state taxation, whenever there shall be a State assessment of such property.
<br /> ,Nor is there anything, so far as I can find, which disqualifies an assessor of taxes from
<br /> being a member of the City Council.
<br /> ,Under the provisions of Section 44 of the Constitution he is expressly prohibited from
<br />being a membe~r of either house of the General Assembly, but of nc other office.
<br /> "it seems To me that if any question, a~ all, could be raised it would that the two offices
<br /> are incompatible and inconsistent by.the common law.
<br /> "~Offices are said to be incompatible and inconsistent, so as to be executed by.the same
<br /> person, when from the multiplicity of business in them they can not be executed with care and
<br /> ability; or where they being subordinate and interfering with each other, it induces a presum-
<br /> tion that they can not be executed with impartiality.and honesty.' Bacons Abrdgt. Offic~s,P.313.'
<br /> "In my opinion the two offices are not incompatible and I think Mr. Markham is entitled to
<br /> his seat on the Council.
<br /> "Respectfully submitted,
<br /> "Jno. W. Happer,
<br /> City Attorney."
<br />
<br /> After discussion of the matter by Mr. Laylor,
<br />or Judge White for a decision. The motion was
<br /> Then the opinion was ordered to file.
<br />
<br />he moved that it be
<br />lost.
<br />
<br />referred to Judge Bain
<br />
<br /> A communication was received from the City Attorney asking that a proper deed for a ceme-
<br />tery lot be drawn to Mrs. 8. A. Ennis and Eva E. Gallilee, a mistake having been made in s~nd-
<br />lng the list of purcD~ses from the Keeper of Cemeteries to the City.Clerk.
<br /> On motion, the matter was referred to the City Clerk and City Attorney for arrangement.
<br />
<br /> The Keeper of Cemeteries made the following report of lots and graves sold in the Oak Grove
<br />Cemetery during the month of February, 19i~:
<br />
<br />February lB, to L. L. Wood, S. H. No. ?14, Ave. H.
<br /> l~, Geo..H. Bryan, child's grave, No. SE§, Ave. J.
<br /> ~, Mrs. Eula M. Host, No. ~?, Ave. I.
<br /> B4, William Quillin, adult's grave,- No. 919, Ave. J.
<br /> Z5, Chas. H. Thompson, S. H. No. 573, Ave. I.
<br />
<br />NEW BUSINESS.
<br />
<br /> A report was read from the B.oard of Water Commissioners, in which was given the authority
<br />by which the Commission was organzzed, the several Acts of the Legislature thereon, the history
<br />of m~s proceedings smnoe or~an~zatzOn, and request by said Commission that arrangement be made
<br />at once for the sale of $20u,000. of bonds, said amount to be used~for obtaining the necessary
<br />rights of way and the construction of the system 'ap to and including the main pumping station
<br />on the belt line.
<br /> The report having been .read, Mr. Burgess moved as follows: "That the report of the ~ater
<br />Commission be referred to the Finance Committee for investigation and recommendation as to the
<br />advisability of completing and putting into operation, a Municipal Water Plant, the raising of
<br />necessary funds therefor by bond issue or ptherwise, operating of said plant and the levying of
<br />a tax or suitable water rate for such operatic, with such other suggestions in connection with
<br />the completion and operation of said Municipal Water Plant as may be deemed proper."
<br /> The motion was adopted.
<br />
<br /> A report was received from the Seventh Ward Board in regard to condition at Pearl and South
<br />streets, said matter having been referred to it by the Common Oouncil December 8th.
<br /> On motion, the matter was referred to the Mayor.
<br />
<br /> The Clerk presented bills and requisitions against the Police Departmen~ to amount of $ilS.7~
<br />which h~d been signed by the Chairman of the PoliCe ~mmittee only.
<br /> On motion, ~k~d bills and r~quisitions were allowed, subject to subsequent approval by
<br />the Vice-Chairman of_said Committee.
<br />
<br /> A communication was read from the Superintendent of Public Schools, notifying Council of
<br />the expiration on April ls~ of certain members of the School Board from the several City Wards,
<br />and aisc Of the resignation of Mr. Jno. Nash from the First Ward.
<br /> On motion, the filling o~ said vacancies was referred to a Joint Session of the two
<br />branches of City Council.
<br />
<br /> A request was re~eived from the Treasurer for authority to =~new note.s to amount of
<br />falling d~e in,April, 1S15, and said request was g=anted and by ~he follow~g vote: .
<br />
<br /> Ayes--Herbert, Branch, White, Burgess, Hanvey, Moore (Jos. ~S.), WhitehUrst,
<br /> Flemming, Laylor, Montague, Reynolds, Wright (Earl H.~, Morgan, l~.
<br />
<br />$30,000.
<br />
<br /> Mr. Re,olds called attention to the fac~ that eermain Herbrews in the City were in the
<br />habit of keeping the same places of business open both on Saturdays and Sundays, and moved that
<br />the matter be referred to the notice of the Mayor and the City Attorney.
<br /> The motion was adopted.
<br />
<br /> Mr. Houghton called attention ~o ~he violat~ion of the contract with the City by the Virginia
<br />Railway & Power Company as to observing its sche.dule in the Sixth Ward and, on motion, said mat-
<br />ter was referred to ~he Mayor.
<br />
<br /> Mr. Hanvey moved that the Finance Committee be authorized lo expend $500. or as much of the
<br />same as necessary, to have audited the accounts 'of the late City Auditor and of other 'City
<br />
<br />
<br />
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