The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-09-29

'EPTEMBER %. 1874.
The Board or Aldermen.
a meeting or the Board Of. Aldermen was
held yesterday afternoon-President John
A. Meredith ia the chair. Present: Messrs.
Darlington, Forester, KelIam, Lipscomb,
Manly, Ordway, Smith, Todd, Vanderyall,
and Williams-11.
RESERVATIONS.
The President laid before the Board the
designations of Messrs. Thomas W. Nc.
Canoe and John A. Sloan, members of the
Board of Aldermen.
On motion of Mr.. Williams, the resIgna-
tions were accepted.
STREETS GENERALLY.
Mr.. Todd, from the Committee on Streets
Generally, reported that they had ordered
brick WalkWay to be laid in front Of the
school-house on Sixth street; that the petit
tion of David Wilson for damages to bis
property, in consequence OF grading, on
Sixth street, be rejected. They also recon-
mend the adoption of the following resolu.
tions: Appropriating S33 from. the street
fund for Strengthening and resetting the
curbing on the east side Of Sixth street north
of Leigh appropriating $25 from the street
fund for repairing the gutter 10 front of the
Galego corR-mill, Canal street appropri.
ating S56 from the street fund for fisgginy on
Clay street across Gimer street appropri-
atiug S1S3 from the street fund for repairing
sidewalk and resetting curbing in front of
st. 'Joseph's Orphan Asylum, on Fourth
street; appropriating $50 from the street
fund for resetting the curbing on the north
side Of Grace street between Fifth and Sixth
streets.
On motion of Mr.. Lipscemb, the report
was adopted aud the several joint resolu-
tions agreed to.
ORDINANCES.
Mr.. Ordway, from the Committee on Or.
dinances, reported that the committee had
considered the ordinances referred to them
viz, to provide Board of Public Works for
the city Of Richmond; and establish Board
of Commissioners on Highways, Commerce,
&C.; and in lieu of these TWO ordinances they
presented two ordinances entitled an ordi-
nance to provide Board Of Public Interests
for the city Of Richmond and an ordinance
to provide for the payment Of allowances to
jurors. The committee also reported an or.
dinance to provide for submitting to the
voters of Clay and Marshall Wards the ques-
ton as to whether or not they desire the
erection Of o market.house in their respect
i've wards. The three ordinances were taken
up, read, and finally passed withouta dis.
senting vote.
FROM TIE COMMON COUNCIL.
The report OF the Committee on Streets
with sundry resolutions), presented and
agreed to by the Common Council at its last
meeting and published in the Dispatch on
Tuesday morning last, was taken up. the
report, adopted, and the joint resolutions
agreed to by the Board. In regard to that
portion Of the report relative to the altera-
tions in the grade of Grace street between
First and Second streets, Mr.. Meredith
moved (Mr. Kellam being in the chair that
the substitute adopted by the Common
Council at its last meeting be agreed to by
the Board.
He contended that the City Engineer had
altered the grade without any authority
whatever. He doubted whether the Com
mlttee on Streets-a mere fraction of the
City Council-haye the authority to order q
change Of the grade of any street. Besides
this he thought that the committee had no
authority to injure the property of any citi-
zen in this way, though the city may have
the right to cut down any street in order to
improve the city. He thought it time that
the Council should retrace its steps and
grant the prayer of the petitioners as en-
bodied in the substitute adopted by the
Council.
Mr.. Manly inquired whether or not the
precedent which mas been estabisbed--viZ.,
that of allowing the City Engineer to make
such alterations as he might see tit in the
grades all over the city, would not have war
ranted the alteration of grade in this case?
Mr.. Meredith replied that the acquiscence
in wrong could not make right. He did
not believe that the City Council had the au-
thority to delegate the power to improve
the streets to the Committee on Streets. He
thought that the question was very grave
one. The power had been delegated to the
Council by the General Assembly, but he did
rot believe that the Council had the right to
delegate that power to any one else. he
thought that the transfer OF this power rem
dered the city liable to litigation atany time;
liable to have the work upon any street
stoned in front of citizens property who
sees tit to get competent judge to grant an
Injunction then the work stops; it is liable
to be stopped at any time. He had walked
over the street and could see that the i'm
proyement in question was an injury to the
property of citizens in that vicinity, and no
good TO the public. He concluded by saying
that the citizens whose property is being In
jured, have the right and can at any time get
an Injunction and have this work stopped. he
tboug 1.-THE Council ought to pause here and
correct this error and learn lesson.
Mr.. Williams regretted the stale of affairs.
He rather wished that an injunction would
be sued out and the work stopped, and then
we could say, ."Well, We couldn't help
ourselves. The law stopped u.s." lie
would not say that it was lawful to
cut down the streets in this way, but
the precedent had been established. What
shall be said to those petitioners who have
already asked the Council for damages Tor
injury to their property from the same cause
and who have been refused when we now
grant the prayer of these petitioners de
loved consistency, and thought it would be
highly improper to grant the prayer OF these
citizens when the prayer OF, others has been
refused.
MIR, Forester thought that there was vast
difference between the two cases-the one
referred to by Mr.. Williams and the one now
under consideration.
MIR. Todd hoped that the Board would
not adopt the substitute sent from the Coun-
Gil. but would adopt the report as it came
originally from the Committee on Streets.
MIR. Todd said that it bad always been the
custom to make such grades as in the opin-
ion of the City Engineer would best subserve
the interest of the city. He knew that the
was fully borne out by the actions
of previous committees and engineers, ana
it would, in his opinion, be most untortu-
nate affair to adopt the Councils substitute;
that if General Johnson's resolution IS con.
Cured in, it will be simply to save the shade
trees which have heretofore adorned Inc
street in that vicinity the fight, then, IS