The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-01-29

The case Of tho city against C.
O'Leary, charged with erecting q wooden
building to be used as q livery stable on
Kirk street, came up before tho mayor
yesterday morning, as was previously
announced in THE TIMES.
The court room was pretty we'll
crowded, among the usual throng OF
eager listeners, being several members
OF the the City Council.
Dir. O'Leary took u seat before the
mayor and was informed that he had
been summoned to show cause why he
should not be fined for erecting wooden
building within the fro limits, contrary
to recent act of tho city Council.
Mr.. O'Leary stated that he had OBJ
tanned permit from the fire and water
committee OF the City Council, and that
before ordering his contractor to go to
work on the building had made diligont
inquiries from the City authorities ap-
pertainingsto the proper course, and had
been given tho following permit by the
committee, which was produced by him,
and handed to the mayor. 1t read as
follows:
ROANOKE, Va, Jan. 10, 1891.
c, O'LRARY, ESQ.,: IS
Permission is granted to rebuild @he
Ivory stable ON Kirk street recently
destroyed by the snow
j. G. GRAVES,
Chairman,
II. X. WOODWARD,
GEO. G. MCCAIIAN.
Mr.. O'Lcary further stated that no
had complied with all rules and regula-
tons SO far rs he knew, and having con-
ferrcd with different members of the
City Council, had been referred to this
committee. lie had dono what he
thought to be right and in strict COM
pliance with the laws so far as he knew.
Mayor Evans stated that no copies of
an act dclgating snch power to COM
mittcc had ever been received by him,
and that in consequence he was obliged
to comply with the law as it now stood,
and being informed Of the alleged viola
tion OF oity ordinance, his duty COM
PEELED him to act accordingly.
Il. w. Miller. city solicitor, said that
such power could not be delegated to a
committee of tho Council, but that in
all matters Of this kind tho question
should be merely referred to them for
consideration, and they wore compelled
to report back to the Council, so that
action could be taken by tho whole
body. Speaking OF a supposed violation
of tho ordinances, Mr.. Miller stated that
tho question would naturally arise as to
whether the building was being repaired
or newly erected. If the building was
being repaired, no permit was needed;
but that if it was being erected entirely
new, it was in violation Of the city ordi-
nances, and the committee had no power
to grant the privilege above mentioned.
Mayor Evans remarked that, accord
ing to his Judgment, the committee had
oversteppcd their bounds, unless there
was record of a previous action of the
Council granting such power TO the
committee, and would accordingly i'm
poso fine. the usual fine. The fno is
SIS per day for every day thatcondemned
buildings are Above to stand.
AT this junction Mr. Woodward,
member of the committee, appeared
before the mayor, and stated that his
committee had acted undor instructions
from the Council, and before granting
the privilege had visited every property
owner in that vicinity as we'll as the
chief of the fire department, and
obtained their full and free consent to
allow MIR. OLeary to erect the building.
They had therefore granted permission
without hesitation.
Mr.. Woodward also stated that he
was satisfied that on previous ocua-
sion the Council had delegated to tho
different committees the power to act
on all questions of this kind, from the
fact that necessity compelled it.. We're
it not so or some provision made where
by the citizens could obtain that privi-
lege they would have to wait probably
month at time. or until the coun-
Gil held its regular meeting, before
they could obtain such privilege as was
in his judgement rightly due them.
The Mayor was not quite satisfied
with the construction OF the law, and in
view of the circumstances attending the
erection of the building in question, re-
ferrod the matter to the City Council,
which meets next Tuesday night. In
the meantime the WORK on tho building
will be stopped, except q few finishing
touches allowed at the request Of tho
contractors.
MIR. Wright Thrown From His Horse.
George w. Wright, contractor resid
ing on Commonwealth avenue, while
attempting to mount his horse in front
of tho courthouse yesterday evening.
was tn rpwn vin1nptlp 70 thn rrro,nI 1,u