The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-04-18

An adjourned meeting Of City Council
was called to order last night at o
o'clock. Mr.. DupuY was elected chair
man in the absence of President Buck
ner. The following membe.s responded
to the roll call: Boehm, Boswell, Dug.
gan, DupuY. Hawkins. Hough, Levy,
Loughery, Moomaw, Pattie, Stevenson
and Strickland.
The hardness OF some OF the mem bers
caused spirited discussion. Mr..
Moomaw thought that when council
man accepts his office no agrees
to attend to the duties Of the
position and should so arrange his bust.
ness affairs as to enable him to be
prompt in his attendance at Council
meetings. II was unjust to the other
members of the City Council for one
member to allow trivial and unimport.
ant matters to keep him away while
other councilmen are wasting their
time In waiting for a quorum.
The reports of the various city officers
were then read and received.
City Solicitor Randolph reported that
the appointment OF Mr.. j. Is Levy to
fill out the entire unexpired term of
John Mccarthy was entirely legal and
in accordance with the city charter.
The city sergeant reported 1876 persons
in the city jail during the past month,
Two inmates being lunatics.
The report from the aims house stated
that on March l there were eighty.four
inmates, and on March 81 only sixteen.
During that time six persons were
brought to the city and buried.
The remainder of the evening was do
voted mainly to the consideration of
the report presented by the street com.
mittee.
The first portion OF the report taken
up was the recommendation that Mr..
John McCarthy's contract for paving be
cancelled and his bond returned Mr..
Mccarthy had contracted to put down
the brick paving at seventy ono cents
per square yard, but finding it impossi-
BILE to furnish the brick ct that price he
wished TO be released as no work had
yet been ordered. After discussion this
part of the report was passed by.
The next portion OF tho report taken
up was the section recommending that
no action be taken by Council relative
to the reopening of the Norfolk and
Western railroad crossing at the east
end of the depot, at the foot of Com
monwealth avenue.
For the information of the Council
Mr. Pattie explained that during 1884 or
1855, the Norfolk and Western enclosed
tho passenger station which created
considerable protest. Mr.. Sands, at
that time superintendent of the road,
then put up gates at the lower end of
the station where Nelson and Com mon
wealth avenues meet the railroad. Steps
were also put there for the convenience
of the general public. Tho railroad
company owns the land on bo.h sides OF
the railroad and now, from desire to
save the expense of q Waterman, the
crossing has been closed. The people on
their way to the market are especially
disconnected. The Norfolk and Western
TOOK advantage of tho tenn porary clos
Ing OF the south passage way by Mr.
Patterson while digging the sewer, and
has KEPT the passage way On both sides
of the tracks closed ever since.
MIR. Loughery thought there was n
mistaken opinion that when piece of
property has been ira versed by the pub.
Tic Tor I'VE or ten years, the city has q
right to conflscate such property. This
is erroneous. The Judge of our Hust
ings Court decided that according to the
acts of assem- bly, such highway must
have been open for fifteen years The
city solicitor, after examining the title,
fonnd thai the railroad company had
title IN fee simple to the land in Dues
ton. This recommendation was then
also passe d by
The claim OF the Commonwealth
Land Company for damages done their
property by the encroachment of the
city sewer was then taken up. The
report recommended that the Common
wealth Land Company be paid 5000 per
front foot on Shenandoah avenue for tho
SIX feet necessary in order to protect the
sewer on Holiday street
Mr.. Loughery explained that while
the price demanded was rather high,
the necessary six feet are sufficient to
protect the sewer which extends about
four feet on the company's property.
The city took the land without leave,
constructed the sewer, completed the
street, and after all had been done this
claim was put in. Condemnation pro
ceedings could bs taken, but that would
cost the city at least $1,000 for the
property. Asathe sewer is already on
this land this question must be settled
by law or compromise. The above
stipulated figure is the only one to
which the land company will agree and
the street committee made it's recon-
mendation accordingly.
MT. Moomaw thought it was wrong
for the owners of the land to remain
silent for at least two years. during
which time the property was being i'm.
proved, and then to make such de-
mand. He did not believe that the
land could be sold at public auction for
$50 a foot.
Mr.. Loughery replied warmly that
by personal investigation he found
that the city had no claim 10 tho nror,-