Daily Republican., 1888-11-16
CITY COUNCIL.
AN HOURS TALK OVER A
FRAME BUILDING.
Eho Oity Solicitor Says II Exists Con.
tray It LaW-BalIdIpg IBspso-
tor DIllin Authorised
II to be Buns.

trAry to law extending the limits to
prevent live stock running at large.
Mr. BaGle pres nted and had read a
/ report Of the Committee on Education
The report gave an interesting account
Of the vi itations OF the C mmittee to the
public schools. 1 highly euloglzed the
efficiency of the schools, and praised the
manner in which they were carried on. Il
was especially euloglstic of the Howard
| school, No 10 Mr.. BCale then presented
bill for $40 for carriage hire for the
committee in visiting tho schools, which
led TO considerable discussion.
Mr., Quinn objected to paying the bill,
as there was no appropriation by Council
for that purpose.
Mr.. Hawkins agreed with Mr. Quinn
that there WAS no need for hiring the
coach. The committee OF which he was
one charged nothing Tor Its loss of time
and services and he doubted the propriety
of going 10 any other expense.
MIR Chambers came TO the defence of
Mr. BCale. He sild he knew him tu be q
careful, honest and economical member
of Coune and would ask for moth
ing that was not right He believed the
money To be VIII expended, and as the
| City Council raised t92 900 a year for The
! lAHetA " A4AuEhhlNu ht llbuEuh IL
was right and proper I . see how IL was ex
pended
After some more remarks by Mr.. Quinn
the motion 10 pay the bill passed
| The city treasurer reported balance in
bank 10 current expenses, tl7S,lll.6 .;
park fund, f42704; received from Martin
j, Mealy, 1915.
| Thu petition Of Prudence Edwards for
he return OF % 30 overpaid taxes was
reported on faVorab by the Finance
Committee, and an order drawn for The
amount.
Mr. Davis presented n petition largely
signed by residents Of the Eighth ward
| asking Council, on their behalf, 10 rcqueft
the Park Commission to put the recently
acquired park at Eleventh sud KIRK wood
streets Ia condition TO be rsed MS coon as
| pos lille. A resolution embodyiug the
request in the petition was passed aud a
copy of It was orde,e ed sent o tie Park
Comm ssion
City Solicitor Turner, made q report 10
Council, stating that after giving the
| question careful consideration In his
| opinion the building erected on the north
side Of Eighth street, between Market
and King, by Leonard G VanKieek was
clearly In violation OF law aud the city
ordinances, though the building wa
erected under permit Issued by Building
Inspector Dillon The report was &C.
| copied and ordered TO be filed
The City Solicitor also reported that
| there was no doubt IN his MUD that the
enclosed shed In tn rear Of z. Plunkrtt
" Co.'S store, No. 1s9 Market street, was
erected also in violation of law, but here,
as In the other case, II was built under a
permit issued by the Building Inspector.
The motion to accept the report aud file
led TO long and animated discussion.
Mr.. McKenney doubted very much If
the building could be called frame
Mr Baugh came to the rescue of the
building by referring to two.thirls of the
morocco factories In the city having two
stories of frame upon them. II one
comes wn let them all come down.
Mr.. Sharkey did not b lieve either that
the building could be called a frame
building
Mr. Ayars, too, hal carefully examined
the building and hs did not believe there
was wood enough In It to build fence.
Mr. Roberts made iorclble plea for
sustaining the City Solicitor, who he had
no doubt had carefully examined the
build ng and had decided accordingly
/ NC hlu II ~ bblltNI AlAIlN W 90 n hNtthhtf
of the City Council who would like to
have such building beside their resi-
den es. The City Solicitor, he believed
had given an honest opinion and 1t was
the duty OF Council to support his deci
sion. II his decisions on law points were
to be looked upon as worthless what was
the use OF having City solicitOrl 1t
would be treating him with contempt not
| to be guided by his decisions
At the suggestion of President Farra
| City Solicitor Turner stated that he had
his doubts at frat about the building being
contrary to ordinance but upon compar
ing 1t carefully with the ordinance, he
was clearly of the opinion that 1t existt d
contrary to law. The wooden Eheathing
was covered with corrugated iron, when
the ordinance expressly iorblis the use
of iron sheathing where brick was prac.
ticable, and mob dy denied that brick " as
not practicable
In reply to question from Mr.. 5harkey
as to whether the building was a stable
or a shed, Mr. Turner replied that It was
a building, a. 1t was closed In.
Mr.. McKenney suggested that as to the
praeticablity of brick being used, the
building inspector was probably better
judge than the City Solicitor
BY request the ordinance was then read
by The clerk when 1t was found that a
great many buildings we're put up in VIC
lation of the or nance.
MIR. Turner said: "These decisions
affect large number of dwellings and
morocco shops in this city which have
been erected according to law, and If you
start crusade do not know where you
will end"
Mr.. MoMenamin said the building was
nut up according to the permit of the
Building Inspector and ought not to be
interieTed with.
Mr. Quinn said the Building Inspector
was not the city legislator. He has no
right to give any man the right to violate
an ordinance. If the Council was not
going to go by the solicitors opinion It
had better discharge him and resolve itself
into body of lawyers aRd decide the laws
itself.
Mr. Roberts moved as a substitute for
the motion that the opinion of the City
Solicitor be sustained and the proper
officers instruct the owners to remove the
buildings within thirty days.
A long and rambling debate ensued
upon the motion to adopt the substitute
until Mr.. Chambers hunted up the law
aud read the penalty inflicted for viola
tion OF the ordinance, which penalty
could only follow con yiction, and con
yictlou could not be osecured except before
the courts. City Council was legiSla-
tive and not an executive body.
The vote upon the adoption OF the sub
stItute was as follows: Ayes-Messrs.
Roberts, Hawkins aud Moore ). Nays
-Megsrs. 4 vars, Baugh, B ale, Bower,
Chambers, Coley, p"t Forrest, 'onn- .