The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-05-24

was bounded, on elmer slue, ny DITCH
walls. The fire of the succeeding We'd
iesday ravaged at will and nothing stayed
its progress until brick, iron and slate
turned 1t back on itself.
Acknowledging the force of our sugges-
ton, and convinced of the necessity of
immediate action, 1t has been determined
to convene the voters of the village in
special meeting, to see If they will estub-
fish, by ordinance, fire limits. 1t may be
that the trustees already have sufficient
power in the premises, but so long as there
is any doubt relative to 1t, the village
should take such action as will settle the
| question. In a matter in which so many
| Individual interests are involved as well as
the public welfare at stake, no questions of
doubtful legality should be allowed to re-
main to hamper future action. When a
certain remedy is within reach, it would
| be one of those blunders which are worse
than crimes, to imperil the safety of the
| village by a neglect or refusal to lay hold
| of that remedy and content ourselves with
questionable exercise of power. If the
trustees are now clothed with authority, it
is derived wholly from that clause in the
ordinance ''rclating TO the duties of certain
officers, which ordains that they shall
regulate the "ercction of dwelling houses
and other buildings, so as best to pro-
"vide for the safety of the village" In
reference to the authority so conferred, it
IS sufficient to say that the establishing of
fire limits was not contemplated in its
passage and that II is doubtful whether
under it, the trustees could legally prescribe
the kind of materials to be used in the cree
ton of all buildings within certain bounds
and absolutely prohibit the use of any
other.
But in any event. in taking action which
will necessarily affect so many of our cit-
zens, it is both right and proper that the
whole body of citizens should be consulted
in the matter and their direction taken.
Moreover, it is of the utmost importance
that the possible action in the premises
should be of unquestionable legality. That
the village, in its corporate capacity, can
establish fire limits is beyond doubt or
question. At the risk of repeating that
which we said month or more ago, We
will quote the provisions of our organic
law bearing on the subject. By its char
ter, the village is authorized to make and
establish ordinances, regulations and by
laws ''ts abate and remove nuisances"; "to
regulate the manufacture and keeping OF
gunpowder, ashes, and all other combus-
"tible and dangerous materials" ste
regulate making of alterations and re.
"pairs of stove pipes" ETC., land Other
things from which damage by fire may
"be apprehended, and also to regulate the
"use of buildings in crowded localities fol
hazardous purposes; to provide for the
preservation of buildings from fires by
precautionary measures and inspec.
tions y; "to regulate the erection OF
buildings =; land to make and establish
any other bylaws, rules and ordinances
which it may deem necessary for the
swell being OF the village, and not repug
"nant to the constitutions or laws of thi.
state or of the United States.
We have been thus particular to quote
, these several provisions, not because We
find grant, in each of them, of power t.
establish fire limits. although we apprc
bend that each will be found TO have more
or less bearing on the question, but be
cause we see in them the general idea
, running through the charter, of comforting
on the village full authority to provide FOL
| the "well being of the village" especially
in guarding against the ravages of fire
We apprehend that full lpower to establish
fire limits will be found in the clauses las
quoted, relating to regulating the ''erec
ton of buildings" and providing for tn,
"well being of the village" In respec
to the Limitation that such regulations mus
not conflict with the constitution and laws
it is enough to say.that the courts hav,
repeatedly determined that the estabishln,
of fire limits, and the enforcing of tn,
provisions of the ordinances creating them
do not so conflict. The necessity beinl
conceded ard the power being ample, tn
only question is as to the extent of tn
limits. Relative to this we have only t,
renew the suggestion that we have mad
before, namely, that it should include tn
district from West street to Washington
street, and from Wales street TO the rail
road track.