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BoP
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<br />November 9, 1910.
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<br />his Oompany in regard to assessment of its trackage in the 0ity of portsmouth. Re stated, in brief,
<br />that. notwithstanding the Nayor~s position in the matter, the trackage of the S, A. L. Ry. Co. had
<br />been equitably assessed in Portsmouth; and he claimed fo~ his CompanY, and in th~s claim he nad bee
<br />upheld by the State 0orporation 0ompany~ that the t~acks on First and Orawford streets were not main
<br />tracks but side tracks.
<br /> The Gity Attorney, who was present also, said that he had not a~d did not now agree with the
<br /> Oorpo~ation Oommis~on that the S. A. L. Ry. tracks on First_and 0rawford streets were side tracks
<br /> but were par~s of tvs main track; yet he did not believe that the Oircuit Court of Rio_~mond would
<br /> reverse the decision of the 0orporation 0ommiscion. and, therefore, he would not advise ~n ~ppeal to
<br /> said Court.
<br /> ,Whereupon, ~Lr. Hall moved that, in consideration of the advice of the OitY Attorney, no fur-
<br /> ther action be taken on the recommendation of the Nayor. The motion waS ad6pted.
<br /> The Eayor returned hi~ ~pp=oval'als0 to the fo~lowing'~matt~rs adopted by the two branches of
<br /> 0ity ~ouncil October 11-18 'and ~eptember 20th,
<br /> Appropriations~-
<br /> ~ $960. to Sixth Ward,.out of
<br /> the v~rd funds, to employ a civil engineer on street work in said w~rd.
<br /> ~$301,75 to be credited to the Sixth Wa~d because of dog taxes collected collected in the ward.
<br /> ~To authorize the ~ixth ~ard Local Board to install forty-th~ee arc lights in the ward, out of
<br /> the ward funds.
<br /> ~ $2,075. to the Sixth ~ard, out of its appropriation for l~lO, for street improvements, do., in
<br /> said ward.
<br /> ~To authorize the Treasurer to renew notes in the several Oity. banks to amount of $83,000,~.due
<br /> September 25-30 and October llth, 1910.
<br />
<br /> Fourth. Reports of Officers and other_unfinished business.
<br /> The re,ar reports of Officers for October were presented and were ordered to take the~usual
<br /> course. Reports of the Sixth and Beventh Wmrd Local B.o~rd~'of expenditures in their respective wards
<br /> during the month cf October were referred to the Joint Finance Oommittee.
<br /> The 0ity Attorney forwarded the following communication in answer to instruction given him on
<br /> October llth, "To give his opinion as to eligiblity of citizens of the ~ixth and Seventh wards to
<br /> serve on the Board of Police G0mmissisners, and the right of members of the Oouncil from said wards
<br /> to be on committees which recommend appropriations of the 0ity's funds:'
<br /> "Portsmouth, Va., Nov. 8, 1910.
<br /> "To the Hon. Oity
<br /> Portsmouth, Va,
<br />
<br /> "Gentlemen:-
<br /> Replying to a communication addressed to me by your Honorable Body, through the
<br />~ity Olerk, asking my 'opinion as to the eligibility of citizens of the Sixth and Seventh wards to
<br />serve' on the Board of Police 0ommissioners, and the right of members ef the Oouncil fro~ said wards
<br />to be on .committees which recommend appropriations of the Oity's funds,' I beg to reply, that the
<br />citizens of said war~s are eligible to serve on the Board of Police Gommissioners and that the
<br />cilmen from the said wards have all the rights and privileges of Gouncilmen from the other wards
<br />the 0ity, except so far as limited by the ordinance and the order 0f annexation, which is as follows:
<br /> "The said Ooun~ilmen for the first ten years ~alt have the right to vote on all questions a-
<br /> G '
<br />rising before the ouncll, except on questions of finance or the expenditure of money not derived
<br />from their respective wards. After ~d~e expiration ef the said ten years said Councilmen shall have
<br />the right to vote on all questionS.'
<br /> "My view, therefore, is that the Councilmen of said wards have the right to serve on committees
<br />and are only limited in their right to vote on questions arising before the OounciI relating to fi-
<br />nance or the expenditure of money not derived from their wards,
<br /> ~ResDectfully submitted.
<br /> "Jno. ~. Happer, City Attorney."
<br />
<br /> No action was taken on the opinion of the 0ity Attorney, except to order it to file.
<br /> The Xeeper of Oemeteries reported the.following lots and graves sold in the Oak Grove cemetery
<br />during the month of October, 1910:
<br /> Oet0ber 3, to K. D. Bunting, ~. H. of No. 817, Ave. H.
<br /> 5, E.J. Vellines,No. 833, Ave. H.
<br />
<br />14, R.obert Nassie, a child's grave in No. 907, Ave. J.
<br />18, W.J. Boyan, a ~nild's grave in No. 907, Ave. J.
<br />26, A.C..Stallings, No. 105, Ave. O.
<br /> A. E, Fehtress, N- E. of No. 775, Ave. G.
<br /> Wm. P, ~st~n, a child's grave in No. 907, Ave. J.
<br />31, W.H. Austin, No. ~95, Ave. F.
<br />3i, E.B. Hawks, No. 7~t, Ave. G.
<br />
<br /> N~ BUSINESS.
<br />
<br /> The Mayor made application for a safe for police quarters, to cost $30, and the application
<br />was referred to the Joint Finance Oo~mittee.
<br /> A communication was read from the Ohief of the ~ire Depart~ment concerning the needs of said
<br />department, which the Council considered to be offensive, and it was ordered that said communica-
<br />tion be returned to the w~iter, and not put to record.
<br /> The Treasurer made known that he had paid back to the Sinking Fund $2,500. borrowed f~om sams,
<br />as required to do before November first.
<br /> On motion of Nr, Hawks, the. Finance 0ommittee were instructed to consider the pay for the ~ity
<br />Oollector to be elected, and other matters co~ected with same, and to report thereon at the joint
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