The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-05-31

An adjourned meeting OF the Common
Council was held yesterday afternoon In the
Council cbamber-President Clarke in the
chair. At 5:25 the body was called TO order,
aud Mr.. Manson moved that the roll be
called. This was done, and the following
thirteen members responded-Hot n quo
RUM Messrs. Campbell, Curtis, Davis OF
Madison Ward, Davis OF Marshall Ward,
FERGUSON, Gum OF Clay Ward, Hayes,
Higgins, Lubbock, Manson, Pi2zini, Ro-
binson, and Weisiger-13.
| Mr. Forester came in q few minutes
later, making fourteen; but there was still
no quorum present. Messrs. Phillips, j.
+. Gum, and Taylor followed, The Chair
announced quorum present, and the body
proceeded to business, the clerk reading the
proceedings Of recent meetings.
THE MAIN. STREET GRADE.
Mr.. Pizzini moved that the counsel for
Messrs. Bargamin and Nowlan, petitioners,
who at q previous meeting OF the Council
sent to the body memorial asking that the
Council will forbid the raising OF the grade
on Main street near their property, corner
Tenth and Main streets, &c., be heard.
Agreed TO. The memoralists claim that the
| Committee on Streets, IN changing the
grade, are acting arbitrarily, Illegal, and
without authority OF the Council, and that
the change will not add TO the symmetry OF
the street, but that for the sake OF peace
will agree TO change in the grade OF the
street of five inches instead OF eight.
The petition and the action OF the Coun-
Gil at its previous meeting were read TO the
Council, after which Mr.. Henry G. Cannon,
counsel for Messrs. NOwan and Bargamn,
was heard. He went on, after an appropri-
ate introduction, to mention the fact that
the grade OF Main street has existed for
period which dates back beyond the men,
ory OF our oldest citizen; that II has re-
mained as 1t now is for seventy.fye years,
and that to change it now would be seri-
ously Injurious to the property OF his
clients. 1t had been coniended that this
petition could only be beard in the Com
miltee on Streets and that the Council had
no authority in the matter, but that
the petitioners could only be heard be-
fore the committee. He claimed that
the appropriation by the Council to repaye
Main street from Eighth to Fourteenth with
Belgian blocks authorized that repaving,
and nothing more; and that under The
resolution making the appropriation for
this repavng no authority was conferred
for the alteration OF the grade or any OF
The lines. He then went on TO say tbat
the grade could be raised five inches in
place of eight, which would give complete
and perfect satisfaction 10 every body, ana
that this change would meet the views OF
his clients. He contended that from q
practical standpoint the change OF eight
Inches was unnecessary. He assured the
Council that ne did not desire TO begin
litigation, but that such change should be
made as will do injury and harm to no
one, much less TO the city OF Richmond.
Messrs. Nowlan and Blrgaman, the petl-
TONERS, as well as Mr.. Franklin Stearns,
were, on motion Of Mr.. Elicit. invited to
state their views 10 the Council, and they
did so, the general position taken being
that II the proposed grade be carried out II
will make the sidewalk higher than the
floors of the petitioners.
THE OTHER SIDE.
The Committee on Streets base their ac-
ton in changing the grade OF the sidewalk
on section Al, chapter. "a. which reads
q" The Committee on Streets Generally are
hereby empowered so TO regulate the width
and height Of the sidewalks OF any street as
shall in their judgment be most conducive
10 the convenience and interest OF the city,"
Colonel W. f. Cutshaw, City Engineer,
was, on motion Of Mr. Taylor, requested,
ON behalf the city, to make statement OF
the case, and he did so. In making the
grade Of Main street he made tle best grade
be could under the circumstances. He did
so, too, having in view the grade from the
centre OF the street, which regulates the
grade OF the sidewalk. He went on TO say,
TOO, that he bad no right TO take into con-
sideration the effect that change in the
grade would have on any citizens property,
but his recommendations were made with q
view OF street Improvements alone and none
other. and he bad never considered any
other question. He thought this TO be his
duty under the charter and ordinances OF
the city.
Mr.. Manson inquired OF Colonel Cut.
shaw whether the change which he bad
made in the grade had been done by order
OF the Council or the Committee on Streets.
He said it had not.
Mr.. Manson further asked whether be
had received an order for The change from
the committee or their chairman, TO which
Colonel Cutshaw replid in the negative, but
that he considered he was instructed to dc
SO by the general order OF the committee on
their recent tour.
THE DEBATE.
Mr.. Curtis, on behalf OF the committee
addressed the Council, urging the Counci
Ito stand by the Engineer in his grade.
Mr.. Todd, chairman OF the committee
was invited to address the body; but he de-
ciined on the ground that other members
OF The committee present were quite a.
familiar with the question as he.
Mr.. Lubbock thought the City Councl
could not 60 into class legislation. Coohe
Cutsbaw, he said, had paid his respects t(
Marshall, Clay, Jackson, Jefferson, anC
Monroe Wards, and he didn't think the
Council should now make an exception IN
the case of Madison Ward, and in favor OF
these gentlemen. He spoke very forclbil
on this line.
Mr.. Pizzini said that Madison Ward was
in favor OF doing what was right. She wa
in favor OF sustaining the CITY Engineer III
every street Improvement where IL was to
the interest OF the city to do so. For Dis
part, he felt it his duty to vote ior the
change. and in doiug so he had only The
Good Of the city at heart. He was in favor
Of sustaining the City Engineer in all thing'
where the material interests OF the city are
involved: but where it had been proven
that the changing OF the grade OF any GER
tain street did not make any material dif1er
ence TO the interests Of the city generally, Du
i'm nojnt of fact was illegal and necessary
he would ever vote to instruct the commit
lee to conform to expediency ana the law
MIR. Manson thought this vital ques
tion-whether any committee CT officer haC
a right to regrade street without the au
thorIty OF the Council. The City Engineer
had answered him on the stand this eve
ming that he bad changed this grade OF bis
own yoIition, without the authority OF the
Council! This was moustrous he tnougn'
the time had come W hen the Cou9cil shall de-
eide whether the Engineer or the committed