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RC.P.
<br />
<br />February i3~ 1912.
<br />
<br />57,
<br />
<br />priation.'at a profit, water sold at a reduction, that a municipal, plant can be built within the appro-
<br /> "The commission had the sum of $$,000 appropriated for its use last year and could and may
<br />have employed expert engineers who can verify the ~arantee of the commission.
<br /> "It has been stated by the Chairman of the Commission in the columns of the daily press
<br />that a supply of water for a city many times the size of this city could be obtained from Lake
<br />Drummond. It has later been stated in an authorized statement of the commission,~which appear-
<br />ed in The Portsmouth Star~ that it now propose~ going to Summerton Creek or to some other point
<br />other than Lake Drummond, or in connection with that lake~ and that the cost of securing the
<br />supply will be $900~000.00.
<br /> "The com~.ission has had ample time to definitely advise the Council, with data of disin-
<br />terested expe~t engineers, whether or not the city can secure a water supply and build the wa-
<br />ter works within the sum authorized by the voters, and if it can not furnish t~ the Council
<br />such information that will show that such a supply can be secured within the bond limit, then
<br />more money should not and, in my o~n~on, can not legally be appropriated fo~ municipal w~ter
<br />works.
<br /> "Respectfully,
<br /> "J. Davis Reed,
<br /> Mayor."
<br />
<br />"January 19, t91~.
<br />
<br /> The disapprovals of the Mayor having been read, and the reasons therefor~ the Chair out
<br />the question, "Shall the action of the body stand as recorded~ no~Withstanding the veto
<br /> ~h~ contrary.~
<br />the Mayor to ~ ~
<br /> Whereupon, the action for issue of $100,000.00 of bonds was re-affirmed by the fol-
<br />lowing.vote:
<br /> Ayes--Hall, Benson~ Parrish, Hanvey, Bilisoly, Johnson, Heath, Brinson~
<br /> Reynolds, Cross~ Tyler~ Hawks, Hutchins, Parker, Cooke, Saunders,
<br />
<br /> And the appropriation of $5,000~00 for the Board of Water Commissioners,
<br />
<br /> Ayes~Hall~ Beneon, Pa~rish, Hanvey, BilisolM, Johnson~ Heath~ Brinson, Reynolds~ Croes~ Tyler~ Hawks~ Hutchins~ Parker, Cooke~ Sa~nders~
<br />
<br /> The Clerk presented and read the Nayor's Annual Message for 1911: and same was referred to
<br />the Finance Committee to consider its publication.
<br />
<br />by the following:
<br />
<br /> Fifth. Reports of Officers and other unfinished business.
<br />
<br /> The regular reports of Officers for January~ 1912 were presented
<br />the usual course.
<br />
<br />and were ordered to tak~
<br />
<br /> A communication was read from the Board of Police Comnissioners, in which they requested
<br /> that the ordinance governing the Police Force be amended so that the Department be allowed two
<br /> sergeant~ or that the pay of a sergeant of police be allowed a'patrotman while doing duty as
<br /> acting sergeant; and said request was rs£erred to the Finance Committee.
<br />
<br /> The following communications f~om the Cit~ Attozney~were rea~:
<br />
<br /> "Portsmouth~ Va.~ February i2~ 1912.
<br /> "To the Honorable Git~ Council ~f ~he City Of Portsmouth.
<br />
<br /> "Ge~tlemen:.--
<br /> "Replying to yGur request that L render to you~ in writing, my opinion in
<br />reference to the claims of ~essrs. Law~ence~ Alexander: and Mulvey, I beg to say: that while
<br />I adhere to my former opinion that wLznesses are entit~ted, under the iaw~ to no more than fif-
<br />ty cents per day, yet it is claimed bM these gentlemen that their services were more than that
<br />of witnesses. That they had to visit and familiarize themselves with the several properties
<br />brought before the Court for an increase in the assessments in order to intelligently testify
<br />with reference to their values. This entailed upon them considerable loss of time.
<br />. "That as the Council tacitly auttforized these proceedings at the suggestion of the Mayor
<br />by ~mploying Mr. Markham to ~xammne the deed booke, &c., in the clerk's offioe~ and as they
<br />were required By the court to appear and testify, they are entitled to compensation.
<br /> "If this be true, as I believe it is, then it is my opinion that it is within the power
<br />of the Council to make reasonable compensation to these gentlemen for their services.
<br />
<br /> "Replying to your request that'l render an opinion as to whether the State or City
<br />should pay for hand-cuffs and other implements used on jail prisoners, i beg ~o say:
<br /> "That while sections 375E and 37~3 provide punishments for the sheriff, jailor, or other
<br />officer, or any guard who voluntarily or negligently suffers prisoners to escape, yet the law
<br />nowhere, so far as I have been able to find, requires the state or city to provide hand-cuffs
<br />or other implements used on jail prisoners.
<br /> "The only compeneation'0r allowance made by law to the jailor is foun~ in section
<br />of the code, as amended by an act which took effect July l~ 1908, Acts 1908, P. $8~; and this
<br />section only allows compensation for receiving, keeping~ and supporting prisoners. This it
<br />seems was intended to be in satisfaction for all ~e~vices.
<br /> "Section 928 of the Code, as amended by an act approved March 13, 1908~ requires the coun-
<br />ties and cities to fur~ish necessary heating, beds, and bedding for state, county and city pris-
<br />
<br /> "Prior to this amen:dment,
<br />the same at his expense.
<br /> Price, Auditor, vs.
<br /> "I~ therefore, conclude
<br />and other implements used on
<br />tection he must furnish them at his own expense.
<br />
<br /> "Respectfully submitted,
<br />
<br /> ~Jno. W. Happer:
<br />
<br /> March 13, 1908, the jailor or sergeant was required to furnish
<br />
<br /> Smith, 93 Va.
<br />that while the city may, it is not required to, furnish hand-cuffs
<br />jail prisoners, and should the jailor ~equire them for his Dfc-
<br />
<br />City Attorney."
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