The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-08-27


discharsing its public trust. It's powers are
not TO be bartered away when the interests
Of society may demand their exercise. 1t
cin and should exercise them again and again,
as often as the convenience or necessities OF
the body-poiitic may dctlte. In the exer-
else Of such powers municipal corporations
are not liable for the incidental damage that
n,av result from their action.
"Whatever the work may he. it should be
done with proper care and skill. II there be
negligence OF malice on the part of the city's
a-ent in the performance Of such work the
city may have 10 respond for the damage re-
sulting from such negligence or malice. II
often happens that the property of the citi-
zen suffers Indirect injury from the eonstr1c.
ton Of public works. The opsD.ng of new
street may advance the interest OF ole set OF
men at THE e9pei1se Of another The con:
Struction of railroads I,is oleii destfoyed the
| business of stage line. The es'abishiiieh.
of a pest-house, hospital. market. or jal may
9reat's deprce'afe. the value Or property in
the immediate Vicinity. But in ftorie Of tIicsE
cases has it been held that the owners
q the property were entitled as Of right
to compensation for the damage sustained.
The interest Of the citizen must yield
to the public good, ari the sacrifice is but a
rift IF that Price sfiiell nlen pay for the
social conditions. Other illustrations might
be. gifen of. this species Of dai;iage which
thE LAW tSrftiS isfn,lap; db$Jrp irsf'trii, and
for which no action cali ije maintained ; htiL
it may he better 10 refer TO some cases di-
rectly in point: VI. Calender rs. Marsh,
Pick, Al. The surveyor of highways was
charged with digging down street in Bos-
| tnh 90 rs 70 lay barr The Foundation Of the
plaintiffs house and etiddnget IL ft,iiue,
"The atithurity .puder which this official
| aStea !tas fett similar tc that Conferred. .bg
| the charter of Richmond, liiidef ':!!ici nstiCH
was had in this case. The court held that
| the surveyors act was lawful, and that the
plaintiff had no valid legal claim for the dam-
ages or expense to which he was subjected.
"Tn Green Us. Borough. Of Heading Q;
Watts Z, 2s2, the defendant. by virtue Of all
authority TO improve aid rstiiri' srud led
The street in front Of the plaintiff house llte
feet higher tliar 1t Lad bssr bsfore, and it
was held that the corporation VA: rot Ei6hle
for the consequential damage to the plaln-
ti1'S property 10y reason of such improve
ment or change OF grade in the public street
".tn o'Canper rs. Pittsburgh; IS Penn. R..
church had beeu buiit attttdiHs tn ftl
direction of the City Regulator, and by d
grade established years before. Subse
quentIy. by ali ordinance OF the city, tbs
street was lowered seventeen QTl feet. The
church had to be taken down and rebuilt or
lower Etunda'iot !! n, e*tierse Of s. 600
The authority given TO the ei.!!' Was e i'm
prove, repair, and keep in order the streets
| "The case was twice argued. and the court
struggled bard to relieve the plaintiff, bu
declared that it was grieyed to find the law
too firmly settled TO DO otherwise than dis
miss bis complaint. Suinero;is ether cascs
fright be cited to the same effect. The case
tf the Cits Of Rchinond Is: Lous's admins
traitor 1Sth Grattali r.. 3iJ.c is Hltite peril
lient. aud gives sanction To the principle:
| Here invoked: although the precise question
under consideration WIS not Involved in it
decision:
There is. however. such an overwhelmlii;
weight Of authority outside Of the State II
support of tie conclusions now submitted
that there is but little room TO doubt the
enforcement by the Virginia courts.
GSignedl LEGH Il. PAGE,
city Attorney"
rIEcrroS or ctrT4lN r. FIRE DEFiBrMESr
On notion Of iir. Stokes; The Co,lnci
then went into the election Of a captaiti Il
the Fire Department 10 ill the vacancy oc
caSioned by tie resignation OF Mr.. u
Brophy.
Mr.. Stokes. on behalf Of the Council
nominated George W. Suhlctt.
Mr.. Hall nominated Captain Miles I. Phil
lips. and submitted Il communication an(
petition in his behalf.
Mr.. Bar.alpin seconded the nomination c
Mr. Sublett.
Captain Phillips was elected by the follow
iny vote:
For i'hMpS.-3Icssrs. Bo>sieuy, Boyd
Davis, English Of Marshall Ward. FORESTER
Hall. IsaacS. Lipscomb, Manly. Newherrr
Oliver. Starke. Thornton, Wexford, and Eu
ker-15.
For Subiett.-NIes>r>. Bargamin, Cottre!l
English of Monroe Ward. Higgins. Ker,e
Scott of Jefferson Ward. Mctzger. Stoke>
Strau>, Talbot. and Mr.. President Wynne-
II.
| Police COURT.
On motion of Mr. StrluS, the ordinance a
TO the Police Court was amended 80 as +
provide that in the absence Of the Polic1
| Justice and the Acting Justice the magistrat
next in rank shall be clothed with all tn
powers of the Police Justice.
| SUSPENSION o. INSPECTOR MELTON.
The President, Ny. Wynne, presented th'
following communication from May or Kelley
| "OFPICE OF TIE MAYOR,
RIcHMoND, Va, August 2Gth, lS'2.S
'' To the CITY Council:
"Gentlcmen.-In obedience to section II o
chapter OF the charter, making it my dut,
on the removal or suspension OF public
officer to advise the Council of the fact, witt
nv reasons for such action, ut the next stated
meeting, | have the hou0r TO inform you tha
on the 23d instant suspended from office
Mr.. james VI. Melton, Gas Inspector, an eN
animation OF the books in his office harIn!
disclosed irregularity in the management o
the same and violation of the ordinances 0
the city relative thereto. which calls for ;
further scrutiny. Very respectfully, /.
TSignei] 4" y. VI. hEILEY, Mayor.
Adjourned.
ARREST on THE CHARGE OF STEALING I've
Cows.-On Saturday Detective William +
Knox arrested Selden Johnson, william
Henry, aud David Burke {colored) on th
charge of stealing two cows, which the!
were phdeayoring to sell near the Old Mar
ket under suspicious circumstances. Th
| IL, l,-t tl,no