Evening journal., 1894-08-17
THE BOARD OF HEALTH
ENcROAcHEs UPON THE TERRITORY
OF THE CITY COUNCIL.

Scoring Street width FiAed.
All the members of City Council ex
cepting Messrs. Meaney and NoNulty.
were present at the regular session OF
that body.
The Finance Committee, through Mr.
Dannenberg, reported favorably on the
claim OF Frank PIN for overpaid taxes
amounting to $2.Sj, but filed adverse
reports on the claims OF the Wilmington
Land Co. and Melville Gambrlu for a
like return. The interest list for Sep
tember. showing loan 20 81 SEQ; No
2S, 5000; mortgage, $40 90; bonds due
for 1000, 81, OOO and $500 respectively
They were ordered paid, as we're
number Of bills from the various com.
mittees
The Law Committee reported having
examined the ordinance relative to the
uniform width Of streets aud found Il
correct
The city treasurer reported balance I'm
bank of $lSS. 050 "a; received license I,
w. Stidhsm & Son. $50; fees Plumbing
Inspector Kane, IS 50 Edmund Mitchell.
Jr., taxes, $1,000; Eugene NJ Sayers,
saue $500
The report Of Clerk Adams Of the
Municipal Court showed fines 1888; fees
and costs, $14l So The auditors report
agreed with these
A communication from Thomas G.
Appleby to this effect that dirt from
lot in the rear OF No Sl3 w. Sixth street
kept falling and blocking his alley was
read and referred TO the Board Of Health
Mr. Dannenberg stated that at this
time Of the year it had been oustomary
to provide for the distribution of funds.
| nd fo a. .
| deposited In each of tho four depository
banks. Also an order was directed
drawn in favor of the Park Commission
for its annual appropriation of s.. coo
Mr. Wainwright called up for its hual
passage the ordinance providing for
uniform width Of forty feet for ali new
city streets
Mr.. Donoh-e moved, as an amendment.
thst the width be fixed at thirty instead
Of forty feet In order to allow him TO
explain why he desired the change Mr.
Tyre seconded his motion.
Mr.. Ratledge stated that the Street
and Sewer Department had requested
tnat the width be made 40 feet. ''If the
Council makes it auy less" said he. "the
Street and Sewer Department can change
10 to 40 feet simply by resolution, and
IL would be just as we'll to agree TO their
expressed wish now as then
Mr. Donohoe-"I know that there are
a number Of small streets now laid out
by men who have done much for the city
II this ordinance is passed, and I doubt
very seriously of the right or power Of
this body to enact any such ordinance,
that power having oeen vested ia the
Street aud Sewer Department, it will
prove a hardship an injury to the own.
ners Of property on hese streets, where
the width could not be made 40 feot Nv
ing to the division of the land l have
no personal reason to wish It to be thirty
feet excepting that it may injure these
people
Mr. ONeil-"I do not understand that
the ordinance applies to streets already
built on, but simply to those thst may
hereafter be laid out. As l understand
it the city cannot receive any more streets
Of less width than AZ feet L. cannot bs
made responsible for the paving or o.her
improvements on such streets
Mr. Donohoe said It applied 10 all
streets not on the city map.
Mr. Ratledge "The grea. est care was
.sken in framing this ordinance The
only purpose was TO further the best
interests of the city, by keeping out an
/
land owners would lay out streets and put
up good houses, and then run short
streets or alleys of of them which would
fill with an undesirable class Of ten
ants"
Mr. ONeil-"The Street ami Sewer
Department is not the legislative body oi
the city, but the Council is, and tn,
making Of this law or ordinance should
lie with the latter
Mr.. Ratledge-"The Street and Sewer
Department can override the ordinance
enacted by this Council aud has done It,
where 1t refers TO streets, | mean
At the request of Mr. Donohre the
clerk read section 81, page 46 city
charter, defining the power OF tbl
Council, after which he explained thai
that part of the section relative TO erect
ing and widening streets has beel
changed so as to give the power to th
Street and Sewer Department. He thel
had section / Of the act creating th
department read, which he construed. &
, mean that the Council has been com
pletely stripped Of It's power in the mat
ter, and that any action would be illegr
and useless
President Perkins called attention Z
} the fact that the city solicitor had pssse
A on the Legality.
This, MIR Donohoe said he wss no
prepared to argue, although he still hai
4 his doubts. In answer to a question b
4 Mr.. Tyre as to why be had offered a
2 amendment If he doubted the legality @
+ the ordinance, he said that he made tn
a motion in case the Council should deter
+ mine action iegal
Mr. Ratledge referred TO the act ere
ating the Street and tSswer d. psrmeni
aud said that he construed it TO mea
i that the Council should act through tn
e agency Of the department
4 MI Donohos's amendment WAS lost
L and the first aud second sections and th
$ title Of the ordinance approved Whel
d the enscting clause was reached. MI
d O'Neil took exception TO the omission @
l. ''the mayor" and on motion of Nj
n Tyre it was made TO read BE it ord sine
by the Mayor and Council" etc. Tn
ordinance was then passed, Mr.. Donoho
alone voting ''nc.
# Mr. Stasts called attention to the fac
l. that the superintendent Of the cremstor
e had failed to make a report Of the quau
y tity Of garbage bnrned during July. x
d asked for the reading of section Il
;, which prohibits the hiring Of any mor