Minutes 11/21/1911 - Laserfiche WebLink

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November 2i, 19il, All of .the above were concurred in by the following vote: Ayes--Walker, Williams, Langhorne, Ballentine, Adams, Privett, Montague, Markham, Davis, 10. Moore, The President announced the following gentlemen from this~ body on the special Committee on Street Oar ROUteS, Trackage, &c: Messrs. ~iontague and Murry; and Messrs. Davis and Markham on the t~ublic Dock Commmt ~ee. Second. Communications from the Mayor. The Mayor returned his approval of the following resolutions and ordinances adopted by the two branches of City Council October lO-17, 1911: To make a~mpecial appropriation of $$,840.00 for Street Cleaning. To allow $584.75 for Crushed Stone, from the "b~dget." To appropriate $1100.00 for arranging rooms on the second floor of the City Hall, and for repairs to the building. To appropriate $~70.00 for plumbing work in the City Jail, out of appropriation to Jail in the "budget." To appropriate $400.00 for improvement of City offices and $Sll. O0 for improvement to the City Hall, allowed in the "budget." To authorize the Treasurer ~o make notes for $10,000.00 to meet City expenses for 0c ober, and $10,000.00 to meet expenses of the Public Schools for 0ctobsr and November, 1911. To authorize the Treasurer to renew notes £or ;El,O00.00, due October El, 1911. To pay a bill of-the Coroner, High Constable, and juries to ~mount of $110.00, for holding inquests on bodies during June, July, and August 1911. To relieve the School Board from the payment of City taxes from June 1, 1911 on eleven lots purchased by the School Board for the new public school building in. the Fifth Ward. To authorize the Treasurer to borrow $5~,000.00, or as much of the same as may be necessary, to refund the Paving Bond Account. To pay a bill of the Water Company for $167.B8, said amount being due itty dec~ee of court. To authorize the Street Co~m~ittee to .sell to A. 0gg the old stone at the north end of l~ash- ington street, at $1.~5 per cubic yard. To make a special appropriation of $i,000.00 for ~epairs to asphalt pavements. "An'Ordinance to Require. Property Owners in the Sixth and Seventh Wards to pay for the Re- moval of Night Soil." An ordinance confirming an ordinance to grant the Virginia Railway & Power Company a fran- chise for the use of Hatton street, between Glasgow and London streets. Third. Reports of Officers. and other unfinis~hed business. The regular reports of Officers for October were presented and were ordered to ~ak~ course. the usual The following opinion of tha City Attorney in regard to the Maxey ordinance, asked for at last meeting of the body, was read: "Portsmouth, Va., November ~0, 1911. "To the Honorable Board of Aldermen~ of the City of Portsmouth, Virginia. the "Gentiemen:-~ "Replying to your request, communicated to me through the City Clerk, that I give to y~ my w~itten opinion as to the legality of the proposed ordinance--'To Prohibit the Keeping of a Gaming Room, and Gambling Therein,' I beg to say, in the language of our Supreme Court of Appeals: "'A municipal corporation has no powe~s except those conferred upon it exp=essly or by f~ir im- plication by its charter, or the general laws of the state, and such other powers as are essential to the attainment and maintenance of its declared objects and purposes. It can do no-act, make no contract, nor incur any liability that is not thus authorized. If it be even doubtful whether a gi- ven power has been conferred, the doubt must be resolved against the power.' City of Winchester vs. Redmond, 93 Va., 7il. "And Riley, ~J., delivering the opinion of the court in the same case, at page 716, says: "'Municipal corporations are chartered, as we have seen, to regulate and administer the local and internal concerns of the people of the particula~ locality which i~ incorporated. They are not created to execute the criminal laws of the state. This isa matter for which the state has made am- plo provision by general statutes, and with which the corporation as such has nothing to do, unless expressly authorized by its charter or by statute.' Idem 716. "This brings us then to the question, namely, 'Has such power been expressly anthorized by the charter of this City?' "To which we reply, yes. "Section SS of the charter (Acts 1908, page 198) provides as follows: "The Oouncil~ 'shall likewise have powers to make such ordinances, bylaws, orders, and regula- tions as it may deem desirable to carry out the following powers which are hereby vested in it.' "The powers expressly authorized and vested in the council are se~ forth in sub-sections, from 1 to ~5 inclusive. ~noee relating to crimes will be found in sub-section BE and are as follows: "? Twenty-two. To p~vent v~ce and immorality; to make such regulations as may be necessary to se- curs the inhabitants of said city against thieves, robbers and burglars; to preserve the~public peace and good order of the city; to prevent and quell riots, disturbances, and disorderly ass;mbtagea$ to suppress houses of ill-fame and gambling houses; to prevent, suppress and punmsh lewd, disorderly and indecent conduct or exhibitions in the city, and to expell therefrom persons guilty of such conduct, who shall not have resided therein as much as one year.' "Then as section 25, sub-section BE, expressly confers upon the council the power to make ordi- nances to suppress gambling houses and the proposed ordinance has in vie~ this object~ we are forced to conclude in favor of the legality of the said proposed ordinance and of the power of the council to adopt the same. "Respectfnlly submitted, "JN0~ W. HAPPER, CITY ATTORNEY." Mr. Lan~horne ~ade the ooint that the ordimanoe has not been printed and distributed among the