The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-18
NIX. BoLnIxo rxoxsKArsD.
II Water Comm tie Declares '""' -"
Has Dsne Nothing But His Du'S'


The Committee on Water held It's regu-
lar monthly meeting last evening at
o'clock In room No. u of the o4ty nan
There were present Messrs. White CHAIR
mani, Brock, Boykln, Mountcasue anu
Trower.
Mr. Meredith the City Attorney, APP
peared before the committee, and IN rel
erence 10 the Landers case, stateu liia'
IN view Of the recent decision % the
courts he stu held that the eAistIle
ordinance did not intend that plume, >
license be given 10 man VINO repeateu's
and Intentionally violated the PROVISIONS
OF the ordinance.
Mr. Meredith submitted the folio"'ns
resolutions, which were, on motion u
Mr. Brock, adopted:
BE II resolved by the Councll Oh tne
city OF Richmond Ohe Board oil Aiuel M
concurring). |. That the city recos iiiNe'
that G.. f.. Boiling in refusing, as SupeI
intendent OF the City Water "orhs' "
grant license TO T. NJ. Lapuers' ~
March, 1892. acted for what he deemed ti'e
best interests Of the city, AID the Guy
hereby agrees that 1t will indemnify anu anu
save harmless G. T.. Boiling from ali
loss or expense from the Judgment id.e
ly rendered in the Law and Equity cou,'
OF this city in the suit Of sara l. NJ
Landers against said {. T.. Boiling for
81 go ard costs.
. That the city Attorney is instructor
to take an appeal from said Judsme,lt
TO the Supreme Court of Appeals IL he
shall deem il advisable.
3. Should the City Attorney ADVISE ina
the said judgment be paid, then the
Finance Committee ia instructed 10 put
the sum OF $1,000 to the credit oil tne con-
tingent fund which tne city auditor ~
instructed to use to pay said judgment
and costs upon an extract OF Judgment
when 50 advised by the CITY Attorney
Messrs. John Il. Cary and John Mann
VINO were members Of the committee
when the latter instructed ait. BoihhS
to refuse the license. were present ana
fully endorsed Mr.. Boiling In MS ac-
ton. as did the present members or the
committee.
Mr. Meredith also submitted letters from
the two judges in whose courts judgments
against the Superintendent were rendered.
These letters, which also endorsed the
Superintendent were as follows:
January H. 1895.
To the Committee on Water:
The case Of r. VI. Landers against
Charles T.. Boiling. who Is superintendent
of the city Water Works. was recently
tried in my court. before me. and resulted
In verdict and judgment Ia favor OF
the plaintiff against Mr.. Boiling for Sl,'e
The ground OF the action was that Mr.
Rolling, az Superintendent 81 the Water
Works. had illegally refused TO grant the
plaintiff a license as plumber under the
city ordinance. and that the plaintiff had
been injured In his business by such re-
fusal
While. under the city ordinances, | had
to hold that Mr.. Boiling erred in refusing
10 give the license. and was thereby iia-
bic for damages. yet the evidence showed
that he acted with the approval Of the
Water Committee and I'm accord with the
opinion of the City Attorney, and salts
h"d me that in refus ng to grant this
license he honestly believed he had the
right to refuse IT, and that in so doing
he acted with no malice towards Mr..
Landers, but with the belief that in re-
fusing ii he was doing his duty to protec;
the city against violations Of its ordi-
nances. and the citizens from what he
believed to have been a wilful violation
of said ordinances and dishonest conduct,
Very respectfully,
+. G. MINOR.
The same subject came before me upon
a petition for mandamus 70 compel
Mr. Boiling TO grant n plumbers license
to Landers, and. whilst | held that the
Hcerse should be granted II the petit
toner. / was at that time. and still am
of the opinion, that Mr.. Boiling acted in
perfect good faith. and every step ne
took in the matter was with a view 10
protect the city and its citizens from
fraud.
| entirely agree with Judge Minor IN
what he has said ). g. WITT.
Tie committee fully agreed with the
contents of these two letters, and de-
cided that they be published.
After the transaction of a good deal
o. routine business, such as ordering bills
70 be paid and approving Of the payroll,
the committee adjourned