Minutes 12/10/1907 - Laserfiche WebLink

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Deeen%beP i0~ 1907, center line of said Huii~s creek to the Western Branch of the Elizabeth River; thence southeastwardly along the Elizabeth River to the center of the mouth of Scott's creek: at the present limits of the City of Portsmouth; thence by the vari~us~eourses of-the, oresent 1tmits of the said City to the ginning: at the southwest corner of Third and Jefferson streets. (Signed) H.L. R. E. Glover: On motion~ the report of Ayes--Hall, John H.: JoP~nson~ King, Nays--None. Chairman~ C. C. Chairm~n, B. 8f A, the Oommittee was adopted by the following vote: W~tts, Ha~vey: ~arren: Corbitt, ~elton, Hall, J. ~lpepper, ~ithy, ~ood, H~¥~ks~ lS. And the Joint Ordinance Committee was instructed to prepare an ordinance to p~ovide for the de- scribed territory to be a~uexed. UNFINISHED BUSINESS.' Rirst. ~tters adopted by the Conumon Co~%eil November 2Oth and referredto the Board. of Alder- men for concurrence. To authorize the Tre~surer~ to transfer funds from the Paving & Grading and Sinking F%u%d %o the the General Account. Concurred in. Second. Reports of Officers and o~er ur~inished business. were oresented ~ The regulmr resorts of Officers for month of Nove~oer, sno were oreerea to be read ~y the Clerk, ~nen it mppearing thmt the reports of Treas~er, Commissioner of the Revenue, Keeper of the Almshouse amd Physician to the Poor had not been handed in, the Clerk was directed to notify those officers to send in their reports ~e~alarly in future° in ~ceordanee with a resolution adopted by the Common Council Nove~oer 20th requesting the City Attorney to tmke up promptly the m~%ter heretofore asked him, viz., to have the Court pass on %he validity of the franchise of the ~orfolk & Portsmouth Traction Compared, the city Attorney made ~he City Couneii: following reply: "To the Hon. "D~eember 9, 1907. ?orts~o~th: Va, "I am in receipt of several communications from your Hon. body~ through the City Clerk: calling fo~ my opinion as to ~whether or not the Norfolk & Ports- mouth Traction Co. has placed itself in a position to have its franchise revoked." No facts are ore- sented in ar~v of these oozmmunioations: yet I am oaiied ~pon for ~n ~pinion. To m~ke an opinion wort~ anything the facts should be stated uoon ~hieh the law is to be applied and the opinion rendered. It is not for me, aS am attorney: %o assume a given state of f~c%s and render an opinion thereon: the o- ~inion would neeessariiy vary according to the facts assumed. I should s%ate~ however: that ~ fran- chise is not to be lightly revoked; rights have accrued to the public: to creditors~ bond-holders: and their interests are involved and should be duly considered. Ail of these interests: However: are subject to ~ reasonable eomolianee with the terms of the franchise. "Should m~ opinion be desired, the facts should be ~resented u~?on which the opinion is to be based. ~Respeetfu!ly: "Jno, ~. Happer~ City Atty." ~r. John E. Hal!, the mover of the resolution~nioh~brought forth this communication from the Cit~ A. ttorney: remarked thmt the City Attorney seemed to think %hat a refieotion on him was intended by such resolution; but no reflection w&s intended. He had thougb~t: and was still of the opinion~ that the several requests msde to the City Attorney screeching the ~r~nchise of the Norfolk & Ports- mouth T~metion Compar~v, were entitled %0 an answ~m; and that ~w&s~ aii~of it. As instructed to do Novembe~ i9th ~nd 20th: the City &ttorney presented a bill to be laid before