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

oil owners of lots in the city Of Colum.
bia shall each repair, mend and keep in
oTGeF, at his or her own expsnse, the
sidewalk butting on his or her lot, ao-
oording to suoh directions as the Mayor
and Aldermen may, from time to tiue,
give; nnd any person noglecting CT re-
fnsing 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; and it shall be
the duty of the Chief of Police, cltcr
the expiration of sed notice, to cause
said sidewalk to be lcveled or repaired,
ut the expense Of the owner of tho nd.
Joining lot; which expense, when mp.
proved by the Mayor and Aldermen,
shall he collected in the same manner as
the tax upon real estate, after ten days
notice to the party concerned. BY O
further ordinance, at pnge 43 of the
same compilation, it is ordnined: That
the owners of property or lots situated
on Richardson street, between Upper
and Gorvais streets, on which there are
no buildings, shall, before tho first day
OF September, 1871, {printed, by mis-
take, 1870) cause tho same to be Sc
curely fenced, the fences to be sufIi-
ciently high to prevent injury to pedes-
trians; 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 is ordained: ::
Ii any person or persons owning pro-
perty, as above stated, foil to comply
with this ordinance, tho work shall be
done by the city, an1 the cost of the
work charged against the owner as taxes,
aud collected accordingly. 1t is thus
seen that tho power over the subject
matter OF your inquiry belongs to the
Mayor and Aldermen as body, and not
to the Mayor alone, and that it is ample
for the purposes contemplated, but that
1t must be exercised in accordance with
the Act to which refer you, 40 far a.,
the cost is to be reimbursed to the civ.
when the work is done by it. and the
work must be done by the lowest re-.
sponslble bidder; nor can the expense
be charged aud be collected as 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 paw
by an action. think the Mayor and
Aldermen may enforce the penalty i'm
posed upon dofGulting owners in the
| tenth section Of this ordinance, con-
ocrnlng streets. pavements and shade
| trees, to which l call your attention; the
| puuuitJ u Ue cOlIecteu IN tie same mau-
ner as the expense of the repairs of tho
sidewalks. ConSidering the great i'm
portance of your inquiries concerning
the proper Jurisdiction over those por-
tions OF the city water works referred
to In your communication to me, I ask
| respectfully for further time for the pre-
naratlon OF my answer. I hays the
| honcr to be. yours respectfully,
JAMES y. TRADEWELL,
City Attorney.
Alderman Carpenter answered, and
argued against tho decision OF the City
Attorney, and thought the matter be-
longed to tho Mayor, and that he had
the power to ac.; that he was in fuct tho
Council when they were not in session.
II he had not the power, they ought to
give 1t to him, or 10 some one else.
His Honor the Mayor made some
! lengthy remarks, as follows:
| The Mayor stated that Alderman Car
pnnter had remarked, at meeting held
IL the Ecarth Ward, shat lie ftta A,ayosI
had never enforced the s.ortliuuucc re-
galating side walks" The Mayor stated
that Alderman l.. 9. Carpenters state
ment was false, which he could prove
by the Chief of Police, who, by lis or.
ders. had notified different parties.
Some individuals were too poor, and
others replied, let tho city authorities
attend to tho matter with regard to side.
walks The City Attorney gives his
opinion in the premises who urs the
proper parties to enforce the ordinance
and tho mode of cn!Icctirg. The Act of
the Legislature gives the Mayor uul
Aldermen the power, and not the Mayor
alone.
| Mr.. f.. Schmidt, who owns lot in the
city on Richardson street, has dug out
cellar, preparatory to building, and
has put mp temporary fence on par.
OF 1t. Some citlzsns having fallen into
the cavity, instructed the Chief Of Po-
lico to notify Mr.. S. to havo tha same
fenced according 10 The ordinance reeu-
lating the same. The Chief of Police
informs mc that he has several times no.
tiiiad MIR. Schmidt, who replied that ho
would not do it. [ then had AIr.
Schmidt summoned before me, aud gave
him until & o'clock that evening to have
the fence erected. He failed to do tho