Asheville daily citizen., 1892-07-02
ALDERMEN AND ADVISORS
COUPLE OF MEETINGS HELD
YESTERDAY.

Some Talk About the Boards
Right to Declare a Forfeiture al
the AsheyilIe Street Railway
COInpany's Charter.
What was probably the last regular
meeting of the joint board and board o
aldermen in the hall that has done ser.
vice for several years past as a council
room, took place yesterday afternoon
The little combination mayor s-otfice-
recorder office and court room-police
headquarters fire. alarm station and
council-room, will be vacated before the
time for the next meeting, the rooms in
the new city hall being about ready for
occupancy.
There were present at yesterday S
meeting Mayor Blanton, Advisors Scott,
Cummings, Bearden and Hunt, and
Aldermen Mcdowell, Gudgcr, Starnes
and Baird.
There was discussion of the matter
of putting pitch on top the brick paving
instead of underneath as at present
called tor by the specifications. Mr.,
Hunt moved that change be made in
the specifications, providing for the put
ting of the pitch on top. This motion,
however, fell dead, for lack of second.
Then Mr.. Gudger moved that the joint
street committee make the best contract
possible and have the pitch put on top
of as much of Patton avenue as will be
paved Immediately, making a test OF the
idea. Carried. If satisfied the hoard
will let the contract for doing all OF the
paving in this way.
A Forfeiture.
Mr.. Gudgcr stated for the benefit Of
theboard that he had been in consultation
with City Attorney Cobb with regard to
to the citys recourse in case of the
failure of the Ashevile street railway
company to pave along the line. Mr..
Gudger said he had been told by Mr.. Cobb
that the Farinholt charter under which
the Asheville street railway is operated,
is in the nature OF contract with the
city, and cannot be violated nor in
tringed by the board. Under that fran
chise the company could be compelled to
pave only the space between the rails of
the track, although the improvement
act provides that the company shall pave
between the rails and for eighteen inches
on either side as well. In Mr.. Cobb's
opinion the city could only declare a
IINr fat, DE ! hnC . oh tpr bn
it paved to the rails and the company,
being notified to do the paving, failed to
do it"
"If we declare forfeiture of the char
ter" Mr.. Gudger said, ION this little
strip from the square to Haywood street
and allow the cars and the Patton ave
nuc line tostand idle, public sentiment will
be against us, and for one time | think
public sentiment will be right. am
stalled for once. 1t we wait for the
company to do the paving between the
rails it will never be done; if the city does
the work." A voice: at will never
get pay for it," Yes" admitted Mr..
Gudger. "lf the company will not do
this work am willing to vote for for
iciture Of the charter. Ii the city paves
between the rails, it cannot then declare
a forfeiture"
Alleged Damages.
The jOint street committee was in
structcd to investigate complaints OF
damage to the Swink and Trexler prop
critics on South Main street. Also, to
report next Tuesday on the advsabiity
of paving the alley between the First
National bank and J. E. Dickerson s:
Co.'S store.
The clerk was instructed to issue
checks for the damages awarded prop
erty owners on North Main street. Mr.
Cummings wanted to see the Jury reports
on that street. Mayor Blanton told him
that it had been published i'll the paper
Then Mr.. Starnes said that Mr.. Cum
mings never read anything except a Sun
day republican paper printed here And
everybody except Mr.. Cummings
laughed.
Not Ready.
Mr.. Starnes inquired if the committee
on the bill which included the mayors
trip to New York was ready to report.
Mayor Blanton told him the com
mittce was not ready, 1t had asked him
for an itenized statement of his expenses
and he had not had time to prepare
such statement.
The resignation of A. T. Summey of his
position on the advisory committee was
read to the members of that committee.
Mr.. Summey's reason given was that his
duties as magistrate interfered with his
dsties as an advisor. On motion of Mr..
Hunt the resignation was accepted.
This makes two vacancies on the COM
mittee.
Paying Out Money.
The following bills were ordered paid {:
B. M. Lee, work on South Main, $40. 81;
Kelly & Strachan, laying pipe, $346.SO;
A. M. Smith. Depot street paving, S.
12S.52; w. G. Corpening, grading,
$1,0S2.61; Carolina coal company, So;
]. A. Murdoch, salary, SIS; B. M. Lee,
salary and help, $15S,50; F, L. Rice,
salary and help, $142; J. D. Henderson,
street pay roll, $58.22.
Next Monday being holiday the ejoint
board decided to hold it's monthly meet
ing on Tuesday at o'clock.