Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1883-09-22

SVtNClL IR0CEEDINGS.--CO
Gil met in adjourned session, Mon
DAY evening. Present, Mayor Logan,
In the chair, and councilmen Nc.
Sherry, Whitson, Buser, Grozinger,
Farrin, Lambert.
MIR. William Rutledge, through
his attorney, Mr. E. Boyd Faulkner,
presented petition for the remission
of fine imposed by the Mayor on a
complaint Of. Mr. B. Hughes, for
running soapy water into the street
The petition set forth that the May
or's construction of the ordin ance
was technical and too literal, and
that it could not have been intend,
ed to enforce it in its literal sense,
which says nothing except pure wa.
ter from hydrants or supply pipeso
shall be allowed to flow on the streets.
1t also sets forth that Mr.. Rutledge
according to the evidence in the
case, has not permitted any soap
suds, kitchen offal, or impure water
other than water from the wash
room in which not over pound OF
soap is used in two weeks, to flow
through his drain pipe into the
street that petitioner had used ev-
cry effort to comply with the law,
and that no complaint comes from
any one living within a reasonab lie
distance from his hotel, of anything
offensive to them coming. from his
drain pipe, but on the contrary, those
living Immediately adjoining and
near to the hotel have testified to the
general cleanliness of everything
about his house and premises, and
that to their knowledge no impure
water except the soapy water.
mentioned, came from his drain
pipes. The petition sets forth also
that the ordinance had been adop.
ted in 1867 when Martinsburg was
brit comparative village, and long
before the water works was estab-
lished, and that it could not be ex-
pected to apply to the present condi-
tion Of things, when large hotels
were run and some sort of
drainage was necessary to their sue
cesSful management, and ought to
be provided by the corporation; it al
SO raised the question as to whether
the ordinance had not been repealed.
The matter was discussed by the
council and the opinion expressed
generally thata technical and literal
construction of the ordinance could
not be carried out without great in
jury to citizens and property, and
that if an appeal could be had to the
courts, it could not be legally
maintained, but Notwithstanding
several members expressed their pur-
pose to sustain the action of the
Mayor in the case.
On motion the discussion of the
matter was postponed until the next
meeting Of council, and the ordi-
nance committee instructed to ex,
anime the records and ascertain
whether or not the ordinance has
been repealed.
The real estate committee was
instructed to look after the corpora
tons interests in a lot purchased
from Mr.. +. Gerling, known as the
"Pump Lott, which has been adver.
tised for sale under trust deed.
Application from Rev. Williams,
of the M. e. Church, colored, for
use of market house to hold fair
from 9th to 18th Of October, referred |
to market house committee.
DIR. McSherry called up the mat
ter of improving the Public Square,
in connection with an appropriation |
by the county court for the purpose,
which was referred to the chairman
Of street committee with instruc
tions to employ civil engineer to
have it properly laid out, giving |
grades in full, and probable cost Of |
the work to be done.
DR.. McSherry was temporarily /
substituted for Mr.. Whitson on the
market house committee.
Report of committee on dangerous
buildings in regard to complaint of
Mr.. Houseworth, was referred back |
for further report, and Mr.. Whitson
and Mr.. Cushwa were appointed to
act with committee in this case.
Complaint of nuisance on property |
of Henry Baker, On Queen street,
referred to nuisance committee.
The gutter on Queen street in
front of the property of Mrs FitZ,
was referred TO street committee, to
examine condition and have it put
in good order.
Three bells, one each for hose reels
Nos. /, 2, and A, were ordered to be
purchased. Adjourned to Monday |