The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1882-07-14
Duty ofthe Town Council.
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The act Of 1851, Section 3, provides that
the corporate officers shall have power
"To make regulations relative to the cause
and management of fires, and within
such limits within the borough as they
may deem proper to prescribe;
to appropriate money for the purchase Of
fire engines, &C."
The law incorporating the town Of
Bloomsbury, provides for three rates of
taxation; the highest rate for the built up
portion OF the town, two thirds Of the
highest rate for the suburban portion of
the town and one half of the highest rate
for the agricultural portion of the town.
The built up portion Of the town is most
exposed to danger from fires, and also
pays the highest rate Of taxation, and
hence Is entitled to such protection
against danger from fires ~ can reason
ably be provided. When an Act Of
Assembly gives corporate officers power to
do any act and to use the public money
for such purposes, 1t signifies thereby that
such is their duty so far as.is reasonably
practicable. 1t might not be the duty Of
the town council to build water works, or
go to like extraordinary expense to fur
nish protection against fires, but where
the citizens of the town by n stock COM
pany hare already incurred such expense
for the sake Of such protection and the
town authorities have once commenced to
avail themselves thereof, it would be a
clear neglect Of duty on the part OF the
town council If for any private reason Of
their own, they should cause all protection
against fires to be cut off. We say for any
private reason Of their own, because the
water company bya resolution have Offer
ed to do whatever the town council may
reasonably desire, to get the matter before
the Court Of fixing the price for fire pro-
lection, in case the town council would
apply to the Court. But the town council
at q meeting called for the purpose have
refused either to agree with the water
company, or to apply to the Court to have
the price fixed. The public welfare there
| fore cannot be the real reason tor their
action. Their reasons are private, but so
far as the President of the council is con-
| cerned his reasons are generally under
stood and publicly expressed. He cannot
trust the Courts, is one Of them. He got
| justice once and cannot trust the courts
again. So we have case where notwith-
standing an ample fire protection already
provided in our town, it is shut off by the
action of the town council; and the town
in case of a fire is helplessly at the mercy
of the flames without so much as street
sprinkler to1haul water, or place to haul
it from. 1t is clear neglect Of duty on
| the part of the town council, and il per.
| sisted in it will sooner or later cause dam
age by fires. In such case would not the
town be liable to pay the damage? Whar.
ton on the Law of Negligence, page l., de.
fines negligence thus: Negligence is the
omission to do something which a reason.
able man, guided upon those considera.
tions which ordinarily regulate the con-
duct Of human affairs, would do, or doing
something which a prudent and reasonable
man would not do"
1t might be argued that the duty OF the
town council to provide for protection
against fires in this case is discretionary
and they can do it or not, as they please.
So it might be argued that their duty to
''regulate the roads, streets, lanes, alleys
courts, common sewers, foot walks, pave
ments, &c." is only discretionary, for the
act Of assembly is the same in both cases
it gives them the power, but in no place
does it expressly require them to exercise
that power. And there is no doubt bu
the town would be liable to pay damage:
if they should neglect to repair bridges,
pavements, streets, &c, and horses or per
sons should be injured in consequence O
such neglect. As the town council are no
willing to come into court voluntarily t.
have the price Of fire protection fixed, ther'
may be a fine opportunity in case of fire in
town to bring them into court against theil
will.