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June 21, 1910.
<br />
<br />~_e foilowlng comm-muioation ~as read _rom the 0ottusel for the Fort_es 0ompany:
<br />
<br /> "To the Common Oottncii and the Board of Aldermen
<br /> of the City Of Portsmouth.
<br /> ~Gentlemen: -
<br /> ~ suit has been instituted in t?ne Court of I~w and Ohancery of the 0ity of Nor-
<br />folk, by the City of Portsmouth and Oount~ of Norfolk, against R. ~.. Jordan and the Empire State
<br />Surety Company, for damages to amo~tut of~ $t00,000. for ~lleged violation of the contract by which
<br />the City of Portsmouth and G'o=n~ Of Norfolk leased the Norfolk and Portsmouth Ferries to R. E.
<br />
<br /> ~T~is suit is brought by Nessrs. Jas. S. Barton and Geo. G,~ ~artin who appear as attorneys
<br />the City. of Portsmouth as well as for the Oounty~of Norfolk.
<br />
<br /> 'In as much as 'it is so unusual for a city to appear otherwise, than by its regular attorney,
<br />I can but thiz~ that there .~ust be some mistake ±n the present instance and, therefore, am
<br />t~s method of bringing to your attention the ffaot that such s~t has been brought.
<br /> - 'I ~ve ~onferred ~h the Oi~.~tto~ey of Po~outh~ 0aD~ain HapDer, and h~ has no }mowledge
<br />of ~y authorization to bring such suit, and investi~tion show~ that yo~ Honorable Be~e~ have nev-
<br />er ~uthoz~zed ~uoh a
<br /> ~I feel t~t no one ca= institute suit o~ behalf of the 0ity of Portsmouth without your author--
<br />ity, ~nd in ~s much as your ~pp~rent p~rtieipatio~ in the suit lends moral weight to it, I would be
<br />glad if you~ Body ~l~ te~e such measles ~$ you may be ~d~eed ~re proper in the premises.
<br /> "Ny clients ~e ve~ mush in the dark as to the real subject matter of this s~t. It ~s
<br />stituted at the i~tanoe of the Board of Sup~iso~s off Norfolk Gouty, ~_thout ~tending to the
<br />agement of the Fe~ies ~omD~y the pri~!ege o~ appeari~ before said Board and expi~ng any appa-
<br />rent ~use of ae~ion which ~n~ Bomrd had conceived had arisen.
<br /> 'The s~t ~s instituted about ~wo months ago. The declaration in the ~se is in veFy
<br />te~ and does not disclose the Da~io~a~s af ~ne alleged ~olation of the contrast. ~e o~y other
<br />i~o~tion ~ni~ I have is a verbzl state, cut from ~, Jas, S. ~rron, to the 'e~eot that the
<br />is for alleged violation of the
<br /> ~!f t~$ suit has been insti~ted ~hout your aDprovaI or consent, i wo~d be glad if you ~ll
<br />~ss a resolution to t~2 effect ~d at the $~ time i~st~et your 0i~ Atto~ey to have ~ne suit
<br />~ssed as to you.
<br /> ~Very tr~y
<br /> 'R, R~dolph Hicks,
<br /> go~sel for Fer~es Comply.
<br />
<br /> The conmnnzioation having been read. ~r, Williams, after making some con~nendatory remarks 'con-
<br />cerning the management, de., of the Ferries Oomloany, as~ed the Board to concur in the action of the
<br />0ommon Council June 15th by adopting the following resolution:
<br /> ~?H~m~aS, it has come to the knowledge
<br />of the Oozmoil of this 0i~y that Jas. S. ~arron and George G. ~Martin, signing themselves as attorneys
<br />for the Oity of Portsmouth as ~well as for the O. ozuuty of Norfol~ have instituted a suit in the Oourt
<br />Law and Ohano~ry 'of the 0ity of Norfolk, against E, E, ~ordan and the Emlorire State Surety Oo~pany;
<br />
<br /> ~HER~A~, the Oeuncil of the ~i~y of Portsmouth alone has the authority to authorize the insti-
<br />tution of a suit on behalf of this City; and,
<br /> i~S. the Council of the Oity of Portsmouth has never authorized the institution of a suit
<br />against the said R-. E. Jordan and the F~pire State Surety Company; and,
<br /> ~f~E~S, the Oity ~t$orney of the City of ~Portsmouth alone has authority to represent the City
<br />of Portsmouth in any. litigation in which it ma~ be interested; and,
<br /> ?-~S, the said Jas. S, Barton and George G. Martin he. ye no authority to institute any suit
<br />on behalf of the City ef Portsmouth;
<br /> EOY, THEEEFORE, BE IT RESOLVED:
<br />
<br /> First. That Jas. $, ~arron and George G..~rtin, in a~ea~ing as attorneys for the Oity of Ports
<br />mouth, have ¢o~ar~,e~. ~ly ~a.~.en ~ ~r&nteo. su¢ ~preoe&enoe& &~s~pozOn o~
<br />
<br />of this
<br /> Beoond. ~t the Oity Oo~cil of t~s Gity 3~ow of no cmuse of ~cticn ~inst the said
<br />Jor~n znd ~he ~pire State Sure~y Oo~o~, on b~!f of the Oity of
<br /> Third. ~t the Oily At~o~ey of this city is hereby inst~oted to t~ke such step.s ~s m~y be
<br />neoesmm~ ~o ~i~te ~he Oily of Port.ouCh ~om participating in ~ny ma~er in the ~bove men-
<br />tioned ~i~
<br /> FourSh. ~t ~he O!erk of the Oity Go~cil be instructed to address ~ co~o~oation to Eessrs.
<br />Jas~ S. B~on ~nd George G. ~in, requesting these ge~ie~en to notify ~he
<br />authority they hzve institut~sd s~t in beh~l~ of the Oity of
<br />
<br />On motion, the resolution was ~nimous!y adopted.
<br />
<br /> On motion of Mr. Langho~ne, the Board decided to go into an election to fill a vacancy in the
<br />body from the First Ward. caused by the remo'~l therefrom of ~r. E. L, Bar!ow.
<br /> Mr, Langhok~e then nominated ~r, W. 0, Moore to fill said vacansy, and, there being no other nom-
<br />~inations, he was elected by the following vote:
<br /> Eor--~. B. Zanghorne, O. W. ~aiker, D. ~. Balienti~e, M. M. ~dams, S. T,
<br /> W. E. Calvert. ~. Jones Williams. L. M. Palmer. 0. 2. M,~rray, L. 0. Ni~holson, lC.
<br />
<br />On motions, the foltow!~g other matters.were referred to--
<br />
<br />of
<br />
<br />Finance 0ommittee--
<br /> ~ request of the coroner, Dr. G, G, Ho!%aday, to have SubStituted t~e name
<br /> E. L~eh for ~. ~. Joi~son in a wa~ant to be is~aed as juror in an inquest,
<br />
<br /> S~-eet Oonnuittee--
<br /> To advertise for bids to pave certain streets as heretoforereoonnnen~e~' ~ for
<br />paving.
<br /> The condition___~=~= .... qf~ the~ ........ alley, between. Pearl and Ohestnut streets.
<br />
<br />
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