The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-07-19
A NEW SAILOR ORDINANCE.
Crews Required to Sleep Ashore During
August, September and October.

Have q New Fire Engine or Large
Size, to Be Placed in the B asiness
District-Mr. HAIRS Awning Must
Come Downfall the Appeal Cases
Set for Trial Next Wednesday After
noon.
The city council will re-enact the ordi-
nance requiring the crews of all vessels
in port during the malarial season to
sleep ashore. The new ordinance will
apply only to the months of August, Sep
TENDER and October, and will not include
June and July, as was done in the ordi-
nance which was declared unconstiOu-
tional by Recorder Wilson.
The ordinance viii be passed on the
recommendation Of the sanitary board,
which considered the subject at its last
meeting, and also upon the opinion Of
City Attorney Adams, TO the effect that
such an ordinance passed upon sanitary
grounds and for the sake of the repu-
tation of the port would be consti-
tutional Health Officer Drummer stated
at the meeting Of the sanitary board that
the statistics Of the health of the port in
his office and in the United States marine
hospital surgeons office show that the
greater number of malarial diseases occur
In the months Of August, September and
October, and that there are a compare
lively small number of these cases occur
ring before August. Upon the showing
made by the health officer the sanitary
board recommended the passage of an or
dinance.
BEFORE THE COUNCIL.
When the matter was brought up in
council yesterday afternoon Mayor Nc
Donough called attention to the action Of
the sanitary board and Endorsed the
action recommended by the board. The
opinion of the city attorney was requested
by several of the aldermen. Mr.. Adams
said that the city was not represented at
the hearing In the police court when
the recorder decided the ordinance
to be unconstitutional. He did
not attend the session Of the po-
lice court unless he had some special
reason for being there, he said, but he
would willingly have attended had he
been notified by the recorder Evidence
should also have been presented, MIR. Ad
ans said, upon the city's side of the ques-
tion. Expecting TO be called upon for his
opinion. he said, he had taken the trouble
to look up the law on the subject. He
stated his opinion as follows:
MR.. ADAMS OPINION.
The city has broad powers in regard TO
sanitary measures, and 1t would be the duty
m6nt of its authorities with reference 10
such measures. Our charter gives specific
jurisdiction to the city over vessels and
RATS lying in the Savannah river and their
respective crews.
II the fact is that sleeping upon vessels on
the river during any particular month causes
the sickness OF the crews and the reputation
of the port for health is thus made 10 suffer,
particularly II reports have in this way been
circulated in other ports to the effect that yell
fever was present in Savannah, 1 would say
that ordinance DrnVant this would
constitutional and valid II some months
(like, for example, December or January
son existed for the ordinance covering such
a month, and the ordinance was clearly
an arbitrary and unreasonable exercise of
power as TO such month l think the ordin-
snce as to this month would be held invalid
In the case Of a month as to which there
might be conflict OF evidence concerning
the sanitary effect, think the courts would
defer TO the Judgment OF the city council. In
other words. where the power exists and
there Is room for two opinions with
reference to the cause or reason for the exer-
else OF the power, the courts would, l think
be governed by the opinion which coun-
ell, In its discretion, has adopted. II an or
dinance evinces clear and palpable abuse
OF power, the courts would set 1t aside.
The council decided, in view of Mr.
Adams opinion, to have an ordinance pre-
pared and submitted at the next regular
meeting requiring crews of vessels to
sleep ashore during August, September
and October.
NEW FIRE ENGINE.
The city has decided to purchase
new heavy, large size fire engine, of the
kind recommended by Chief Hale A
resolution was passed by council author
izing the purchase of an engine of the re-
quired type, to cost not moro than "a 900. II
is TO be purchased as soon as bids can be re
celved from the various manufacturers and
the kind of engine desired selected by the
committee. Mr.. p. p. Croly, agent of
LaFranche Engine Company of Balti-
more, has been in the city several days,
and is in hopes of securing the order.
Mayor McDonough said after the ad-
journment of council that the new engine
will probably be placed at No. 2 engine
house on West Broad street or at No l
on Broughton street, and one of the
lighter engines of the department placed
in reserve at the headquarters on South
Broad street
Bids for building a bridge over Mus
grove creek were submitted by several
parties, The bids ranged from Sl63 to
$295 The bids were referred to the com
mittee on streets and lanes, with power
TO act.
Bids for repairing the roof Of the house
of the quarantine officer were received
and referred to the committee on health
and cemetery, with power TO act.
APPEALED CASES 90 OVER.
All of the appealed cases from the DO,
lice court were set for hearing next
Wednesday afternoon.
Bills against the city amounting to S24 :.
CISCO were reported correct by the com.
mittee on accounts and were ordered
paid.
The petition of F. H. Haar for permits.
sion to repair an awning in front of his
store, at West Broad and Gwinnett
streets, was refused. City Marshal Wade
reported that MIR. Haar had already
without permission of council, erected a
wooden shed over the sidewalk in front
of his store, contrary to the ordinances
The marshal will notify Mr.. Haar TO re
move the wooden awning and take steps
TO see that he complies with the ordi-
nances
A communication was received from S.
Guckenheimer & Sons calling attention
to the powder magazine placed by the
Palmer Hardware Company in front OF
their place on Bay street, and asking tc
whom they must apply in case of dam
ages The communication was referred
10 the committee of the whole.
MAY EMPLOY YOUNGER MEN.
The ordinance regulating the conduct
OF street railways was amended so as tc
allow of the employment as conductors of
persons of eighteen years of age aud over
The vote upon the ordinance was 4 IN 3