The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-02-27

oil owners of lots in the city Of Colum.
bla shall each repair, mend and keep in
order, at his or her own expense, tue
sidewalk butting on his or her lot, ao-
cording to such directions as the Mayor
and Aldermen mar, from time to tiuo,
give; md any person noglecting CT re-
fnstng to do 80, after ten days. notice,
shall forfeit and pay the sum OF $40 for
each and every day be or she shall or
may SO refuse or neglect; nnd it shall he
the duty Of the Chief of Police, cftcr
the expiration Of snid notice, to cause
said sidewalk TO be lcveled or repaired,
ut the expense Of the ownor Of tho nd.
Joining lot; which expense, when up.
proved by the Mayor ana Aldermen,
| shall be collected in tho same munner as
the tax upon real estate, after ten days
notice to the party concerned. by d
further ordinance. at page 43 Of the
same compilation, it ia ordnined: That
the owners of property or lots situated
on Richardson street, between Upper
and Gervais streets, on which there Gre
no buildings, shall, before tho first day
OF September, 1871, (printed, by mis-
take, 187O,) cause tho same to be Sc
curely fenced, tho fences to be sufli-
ciently high to prevent injury to pedes-
| TRANS; and when said lots have frontage
on side streets, said fences shall extend
at least fifty feet from Richardson street.
And by the second section it is ordained: {:
Ii any person or persons owning pro-
perty. rs above stated, foil to comply
With this ordinance, the work shu]l be
done by the city, and the cost of the
work charged against the owner Us taxes.
and collected accordingly. 1t is thus
seen that tho power over the subject
matter OF your inquiry belongs to the
Mayor and Aldermen o. body, and not
to the Mayor alone, and that it is ample
ior the purposes contemplated. but TINT
1t must be exercised in accordance with
the Act to which I refer you, 80 far al
the cost is to be reimbursed to the CITY,
when the work is done by it. and the
| work must be done by the lowest re.
sponsible bidder; nor can the expense
be charged and be collected rs taxes, as
the present ordinance provides. but
must be collected by an action in any
Trial Justices court. if the amount do
not exceed 500. In addition to. the
expense OF repairing, mending and
! keeping the sidewalks in good order, to
which the city may be put, and which it
may compel the property owner to nav
by an action, I think the Mayor and
Aldermen may enforce the penalty i'm
posed upon defeulLing owners in the
tenth section of this ordinance. con-
corning streets. pnvements aud shade
trees, to which call your attention; the
penalty 10 be collected in tlo same man
,, i:c- - .hc "yra',an If tha rennirs of tlo
sidewalks. Considering tile great i'm
poEtancc cf your incn!.ic, cnnc.rninr
the proper jurisdiction over those por
tionS Of the city water works referred
to III your communication to me. nsk
respectfully for further time for the pre-
paratlon OF my answer. 1 hays the
homer to be, yours respectfully.
JAMES y. TRADEWELL,
City Attorney.
Alderman Carpenter answered, aud
argued against tho decision OF the CITY
Attorney, md thought the matter be.
longed to tho Mayor, and that he had
The power to ac:; that he was in fact tho
Council when they were not in session.
II he had not Tho power, they ought 10
give 1t TO hi.a, or 20 some ono else.
His Honor the Mayor made some
lengthy remarks, rs follows:
The Mayor stated that Alderman Car
pcnter had remarked, at n meeiin. i,ei,i
IN tho Fonrth Ward, that hr fthn Aiavnrl
hhu never enforced tho s'ortliuuucc re-
galating side walks" The Mayor stated
that Alderman l.. g. Carpenters state
aent was false. which be could prove
by the Chief of Police, who, by Ills or.
dcrs, mad notified different parties
Some individuals wore too moor, and
Others replied, let tho city authorities
attend to the matter with regard to side.
walks The City Attorney gives his
opinion in the premises who ure thu
proper parties to enforco the ordinances
and sto in ode OF collecting. The Act Of
tho Legislature gives the Mayor nnd
Aldermen the power, und not the Muvor
alone.
MIR. T.. Schmidt, who owns lot in the
city on Richardson street hus dag out
cellar, preparatory to bniiti,nn, and
has put mp temporary fence OH rar.
OF 1t. Some citizens having fallen into
the cavity, instructed the Chief Of po-
lico to notify Mr.. S. to havo ths same
fenced according to the ordinance reeu-
lating the same. The Chief of Police
informs me TINT lie has several timcs no.
tiiaa Mr.. Schmidt. who replied that ho
would not do it. I then had nlr
Schmidt summoned before me, und c,ye
him until & o'clock that evening to have
the fence erected. ue failed 10 do thu