The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-09-09
MAYoR's OFrICB,3 }
RICHMOND, September 8, 1873. !
70 T,f,, /opD,,J

| utsuaN Ilsl, whereby most worthy cltl-
zen was crushed to death under the wheels
of strcct-car, whose horse, frightened by
the locomotive of the Richmond, Fredericks-
burg and Potomac Railroad Company, had
run away, has attracted 10 the controversy
between that corporation and the city an in
tcrcSt so profound that hope twill excuse
such departure from the precedent Of my
office and my own habit as may be involved
in this formal reference to that matter Nor
am restrained from aluding to the subject
| by the remembrance that the Council is now
engaged in an effort to attain solution Of
the controversy through the forms Of
Law; for | am fully persuaded that
the members of the Council are too
practical and too public spirited to allow Il
point Of official etiquette TO embrace the de-
| termination Of aquestiOn Ct such large pub
| lie impOrtance--Such almost universal con-
Germ. | assume In the outset that no citizen,
whatever be his private interest or his
| opinion as 10 the question of law involved,
will challenge the assertion that the occu
pancy of the brOadest aud handSomeSt ave.
nue. Of the city for much the more populous
and valuable half Of its length by a steam
railway is public nuisance, Of great de-
triment to the property, and, as melancholy
experience within a month past has more
than once admoni>hed u.s. Of serious peril to
the limbs and lives of our people. Every
year that it continues it is new
| tax upon the possessions and fresh
menace to tine safety of hundreds who
derive from that continuance not the
slightest benefit. On the other hand, many
of the abc>t lawyers Of the city, not only
now but for twenty years past, have conf
IDENTITY expressed the opinion, after full i'll
Quiry, that The right Of the company to the
use it makes OF that street is incOntrorerti-
| hlc and all concede that the surrender OF
! the privilege would involve an amount OF
| expenditure and Inconvenience which no
| company would be expected to incur or en-
counter without compensation.
| Meanwhile an effort is on foot to obtain Il
legal adjudication of the right of the com
rany, which, if adverse to the city, will make
an amicablc settlement doubly difficult !:
| which, if favorable, will doubtless require
thai the company he comrcnsacd; and
which, however decided, will involve pro-
tractcd and expensive legislation; and, what
is of more importance. the continuance of
the nuisance possibly Ior years.
On the other hand, We may well consider
whether any fair settlement, no matter at
what Inconvenience is not preferable to the
i'll will and Indignation OF a respectable por-
lon of Il community which, albeit the most
orderly and forDcaring Of any | have ever
known, is too sympathetic not to feel kccnly,
and finally to resent sharply, an obstinacy
by which such vital interests are cOmpro-
missed.
Charged in part with the maintenance of
public order, and most jealous OF the fame
of Richmond as the home Of law-abidins
people, this last consideration appeals 10 Inc
ion. the suggestion | now venture to make :,
that the Council, Without interlnitting or re-
pealing any action it has already taken look
ing TO an adjudication of the question ut is
sue. should reopen communication with the
authorities of the railroad with the view OF
a>certaining whether a settlement may not
vet be attained which will be ut once amica-
blc and just.
Should the company refuse to treat, which
| do not believe. or prove unreasonable in
| its demands, which | will not anticipate,
the adversary proceedings already begun
will not be retarded. and the happy result
will follow that in whatever proceedings, in
the courts or the Assembly, the city may AZ!
forwards take to abatc the nuisance she may
count on the support Of Il united community.
Very respectfully. your obedicnt servant,
y. NJ. KELLEY, Mayor.
Mr. ChcScrman presented Il resolution in
connection with thi> subject, requesting the
Finance Committee 10 invite FROM the Fred
erick>bur9 Railroad Company Il comDuni-
cation stating what the company will be
willing to take for the depot buildings, &c.
The communication from the Mayor, &c,
were referred to the Fimlucc Committee.
Mr.. Wynnc also presented 4 communica-
ton from the Southern Express Company
for Il culycrt, which WAS referred.
RESOLUTIONS, PETITIONS, &c.
BY Mr. Bra>clmn: \ resolution for stone
crossings on Duval and St. James. and Du-
val and Clark streets. Referred.
Mr.. Davis presented q resolution allowing
+. ID. Christian and others 10 lease for
$4,000 lot of fifty feet Of ground OH Broad
street adjoining Scabrook's warehouse, and
also have such sheds put up a> the Commit
lee on Public Grounds and buildings may
direct. The city of Richmond to refund to
said leSSees the cost OF such lot and sheds
1T the end OF their lease, with interest at the
rate of eight per cent. pc. year for such ad-
yances.
This resolution brought up the old sub
iect Of the lease Of the warehouse, and cre:l-
ted lengthy debate, several gentlemen
claiming that the city had some time ago de-
cidcd to purchase the ground.
Mr.. Whitlock moved TO amend so as to al
low the city to take the sheds to be built on
the land ut cost at the expiration Of the lease,
said contract to be made by the Committee
OH Grounds.
The resolution was then adopted.
The usual number of petitions, &c, were
presented and appropriately referred.
Br Mr. Lip>comb: \ resolution inquring
into The unfinished condition OF L stree.
Referred.
By Mr.. Metzscr: Petition for fuIl-width
pavement on Fifth street in front ot st.
Johns Lutlicrn church.
BY Mr.. NeHberry: 4 resolution a>kin"
for an appropriation OF $1,000 for the steam
road-lolier and crll>hcr for the balance OF
the year. Adopted.
By Mr.. Newberry: 4 petition Of SiXiy-siN
of the city police asking IN increase OF pay.
Mr.. Ncwhelry moved that the pay OF each
be Increased 10 81 800.
Mr.. Stralls wanted it to be referred to the
Finance Committee.
Mr.. Whitlock suggested that the matter be
referred 10 the Committee on Finance and
the Committee on Claims and Salaries rs
Joint committee, and that the whole mltter
of salaries be considered By this joint com
mittec. Agreed 10.
By Mr. Scott of Jefferson Ward Bills of
the Cororcr and Deputy Coroner, which
were referred.
By the same: A resolution requiring the
Committee on Streets to examine Nineteenth
street between Cary and Dock streets, &c
Referred.
By MIR. Stra,ls: An ordinance amending
secrion > of an ordinance relative to prope
ling cars by steam on Broad street east o.
Bclyiderc bv the Fredericksburg Railroad