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May 13, 1~12.
<br />
<br />At
<br />
<br />a Join% Session of the two branches of City Council M~y ISth there were present:
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<br /> Messrs--C. W. Walker, W. Jones Williams, W; C. Moore, M.~B. Langhorne, D. W. Ballentine, L. Privett, C.N. Markham, L. Mj Davis,
<br /> Jno. Howard Hail, J. F. Benson, Geo. R. Parrish, G~o. D. Dewson,
<br /> J. T. Hanvey, A. Aug. Bilisoly, Wm. Hodges Baker, ~.~Ed. Johnson,
<br /> Geo.'P. Heath, L~'C~ Brinson, H. C~ Reynolds, Chas. J. Withy,
<br /> E. B. Hawks, S. B. Hutchins, Mark Saunders,
<br />
<br /> ~he President of the Board of Aldermen presiding,
<br />
<br />~'The ~following. ~ ~ directions for the Joint S.ession were' read:
<br />
<br /> ~Mr. L. P. Slater,
<br /> City Clerk.
<br /> "Dear Sir :--
<br />
<br />Monday, May 13th~
<br />
<br />"Portsmouth, Va., May 10, 19t~.
<br />
<br />tee,,,
<br />
<br /> "You~ill please call a Joint Session of the two branches of City Council for
<br />at 8 P. '~ to hear a report from the I ' ~'
<br /> nvestmga~zng Committee on the "Ferry Bill."
<br />
<br />-. "Very truly,
<br />"Jno. Howard Hall,
<br /> Vice-President Common Council."
<br />
<br />The "call" having been read, the following report was
<br />and was read by the Clerk:
<br />
<br />Walker, President B. of A.
<br />
<br />submitted by the Chairman of the Commit-
<br />
<br /> ~sYour Committee appointed ~o investigate the ferry bill begs to report that they have used
<br /> their best efforts to secure al~ information in connection with the matter and append herewith the
<br /> resul~ of its investigation.
<br /> "i. It is our beli~ that bill ori~inated either in the office of The Ferries Company, or
<br /> its attorney. -
<br /> "~. That, the bill was delivered Mr. Wo Jones Williams by an employee of The Ferries Company,
<br /> Was handed Mr. MurraY, Chairman of Ferry Committee, by Mr. Williams, with the request that he,. Mr.
<br /> Murray, carry it to City Attorney.
<br /> 3~..~at, C~ty Atts~ney, Capt. Ha~per, received b~ll from Mr. Mur~&y &nd at the sol~citation
<br /> of Mr. ~l£llam8, very indzscreetly 0. K.'d S~me. not so o' v4~m
<br /> form br not. ' . ~. . .-e zf~r_o how he 0. K.~d it, whether as to
<br /> "4. That, City mClerk, L. P. S~ater,.forwarded bill to Richmond, using the City's officia&
<br /> stationery'and signing letters in his offzcial capacity as City ~lerk.
<br /> ~5~ That, Mr. Williams carried bill from Capt,. Happer's office to Capt. R. C. MArShall, thence
<br /> thet° theM~nagerCOunCilof theFerriesChamber; andcompany.he, Mr. Williams, paid for having bill copied with money given him by
<br /> ~S. That, Messrs. Niiliams and Slater assumed the responsibility of ~ubstituting a clause from
<br /> One part of bill to another~ and did not deem it necessary to have Czty' Attorney's approval after
<br /> substitution had been made.
<br /> "7. That, copies of bill were sent to Messrs. S. T. Montague and W. G. Parker, and presented
<br /> by ~. Montague in the S~=nate, notwithstanding the fact that Mr. Slater, City Clerk, in his letters
<br /> plainly stated that bill itself had not been before either the Common Council or Board of Aldermen.
<br /> ~The above are the paramount facts of the investigation, in connection with which we wish
<br /> to call your at~entzon to the status of the resolution at that time. On January 9th, 19lB the Com-
<br /> mon Council referred to the Ferry Committee a resolution, the purport of which was to lengthen the
<br /> ~erm of lease of the Ferries. On February BOth, 191E, the Ferry Committee recommended the follow-
<br /> zng:
<br /> "?At a meeting of the Joint Ferry Committee of the City Council and Board of Supervisors Feb-
<br /> ruary 19th, it was resolved to recommend to our respective bodies that the City Attorney and the
<br /> Commonwealth Attorney of Norfolk County be instructed to draft at onoe a bill for presentation to
<br /> our delegates in the General Assembly, for amending Section 1371 of the Cods, so as to authorize
<br /> said City Council and Board of Supervisors to lease and manage the Ferries in such manner as they
<br /> may de~ermine to be to the best interest of the City and County.'
<br /> ~Contrary to the recommendation of the Perry Committee, the bill in question was not drawn
<br /> by either the City Attorney or ~hmmonwealth Attorney of Norfolk County, did not go before the Joint
<br /> Ferry Committee for consideration, and the action of the Board of Aldermen on the report of the
<br /> Ferry Committee was not concurred in by the Common Council, which would have been necessary to have
<br /> made the bill a legalized action of the Council.
<br /> "After duly considering the foregoing, we unhesitatingly dra~ the following conclusions:
<br />~l. That, the City Attorney unwisely and without due authority 0. K.'d bill, the passage of
<br />which would have been an irreparable injury to the City and citizens, and,under the circumstances,
<br />was very derelict in his duty in permitting bill to go out of his office.
<br /> "2. That, Mr. W. Jones Williams was unduly a~tive in usurping the power of the Ferry Commi~-
<br />tee, of which Committee he is not a member. It appears to us that the natural p~sition for him to
<br />have taken would have been to refuse most positively to have had anything whatever to do with the
<br />bill. The circumstances surrounding said bill when handed Mr. Williams were sufficient to have
<br />created a suspicion in most any mind. The ~entleman was perfectly familiar with the action of the
<br />Councilrelatzve~to' the matter, and his long term of office and acquaintance with municipal affairs
<br />were sufficient reasons that he should not have assumed authority that did not belong to him. We
<br />feel that he has taken an unwarranted liberty in the premises, and is guilty of gross usurpation
<br />of authority as a.councilman.'
<br /> "3. That, C~ty Clerk~ L. P. Slater, as a paid official of the City receives compensation for
<br />carrying Out instructions of the Council; he is governed by its action in regular session~ and not
<br />by instructions of any individual member. In taking the libemty of forwarding Bill to Richmond in
<br />an official envelope of the City of Portsmouth along with letters signed City Clerk he has exceed-
<br />ed his authority, and was not elected by the Council to attend to its affairs in such a manner. The
<br />Council, we bellcore, has always trusted him implicitly during his term of office as custodian of
<br />its affairs, but his action in this case is a gross and unwarranted violation of the authority with
<br />which he is clothed.
<br /> "4. That, we have no evidence to con_neot Mr. S. T. Montague with the bill, but with his know-
<br />ledge of council proceedings, he should have known that the bill was not in proper shape for pre-
<br />sentation mo the Le~islat~re_ ~.~,~~~ ~ ~ ~, ~ ~ .... . ~ ..... ~ ~
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