The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1892-12-01
ABBOTT & JONES' HARDLUCK
They are Unable to Continue Their
warehouse Business
BECAUSE OF A RECENT ORDINANCE
Enacted by the City Fathers Prevent
ing the Erection or Repairing of
wooden Buildings Within the Fire
Limits The Matter will Probably
be Decided in the Higher Courts.

wooden Buildings Within the Fire
Limits Matter will Probably
be Decided i'm the Higher Courts.
1t was rather hard luck for Abbott
" Jones that after having transferred
all their hopes and fortunes from
Danville to Winston, they should in
two short months suffer loss by fire.
1t is still harder when, with COM
mendable energy they sought place
in which to do business, the passage
of an ordinance should, like the fire
of a week before, annul and stop
their work
The ordinance which was passed
forbids the erecting or repairing Of a
frame building within the fire limits
of Winston; that is to say, within a
Thousand feet from the court house
square. The contractor. Mr. Fitz-
gerald, and his men were all fined $50
each by the mayor, and the owner of
the building,-the old Hannah ware
house,-Mr. Reynolds, was also fined.
| The fines have not been paid. Per-
haps they never will be- For the
| higher law has been invoked, ana the
question of the constitutionality of
| the ordinance has been raised.
A SENTINEL representative recent
| ly sought out Eugene Il. Gray, the
| lawyer, and from him obtained the
| information that an appeal will be
| taken from the decision of the May
| or'S Court. As the lawyer for Abbott
| & Jones he contends that the Board
| of Aldermen had no right to pass an
| ordinance of this nature, and, as the or
dinance is in the nature of Il criminal
statute, it must, according to the
rules of law, be construed strictly.
| The town, deriving its municipal eX-
| istence from the charter granted by
| the legislature, has no right TO pass
! ordinances except under the author
| ity derived from legislative enact
ment: and as Mr.. Gray contends, the
| power to prohibit the erection and
| establishments OF frame buildings
within the fire limits does not give
| also the power to prohibit the repair
| ing thereof. If Mr.. GrayS cOnten-
| tion be upheld by the courts, the city
| of Winston will be sued for heavy
| damages by Mr.. Reynolds, by Abbott
| 81 Jones, and by the contractor.
The passage of the ordinance, the
| f1ning of these parties, the stoppage of
| an Improvement, and consequent
| keeping firm OutOf the meanSOf trans
acting business, have all caused much
comment among tobacco men. To
those and many others is seemed both
extraordinary and unfortunate that
town like Winston should keep out of
business one of the most aggressive
and cnterprising Of its business firms.
This effect of the ordinance was not
seen at the time of its passage when
there was a universal demand for an
ordinance of this nature. So unjust
and unfortunate result was proba-
bly, not thought of by our municipal
body when the act was passed.
A SENTINEL reporter found Mr..
| Jones, who made in substance the
following statement: We opened
here on the 18th zday of September.
Both Mr.. A Abbott and myself were in
the tobacco warehouse business in
Danville where we had good busi-
ness and had the refusal Of one Of the
| best warehouses there. We made UP
our minds that Winston had a very
bright future and when we resolved to
! transfer our business here, we had the
assurance of the best people OF Win
ston. When we moved we sacrificed
everything we had in order to come
here; we did not leave thing behind.
The principal manufacturers gave us
a welcome, and up to the time of the
fire, we had sold as much tobacco as
anybody In fact, we had a very fiat
, tering outlook. We took with us to
Winston from fifteen to twenty-five
people, mostly with families. We
worked faithfully for Winston. VIZ
sent men into new territory, and have
had shipments from more than one
$ county in Virginia. We were bring
= | ing trade here that Winston Hevel
' had before. We have had eight or ter
> | high-salaried men out all the time
! drumming for the Winston market
i and where we could not get tobacco
Q ourselves, we had our men speak fo
the Winston market anyway.
o tAfter the fire we sought place t.
I do business. We went to II. j. Rey
r nolds and arranged with him to occu
py the old Hannah warehouse. W.
engaged to have brick put in plac
of the old plank floor in many places
we had the place cleaned up of tn
e hay and litter that was about. IL
0 fact, we made it far less.dangerous il
e case of fire than before, and besides
/ employed day and night watch
4 man. We had hardly got well to worl
j. when we were stopped by the city
l. and having no place in which to d
e business. Mr.. Abbott and myself wer
# quite disheartened. We had mad
d extensive preparations to bring trad
# to Winston, and make some money fo
l. ourselves, and here we are, unable t
,e get returns for ourselves for our labo
and our palms."