The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-06-27
BOILER MUST BE MOVED.
THE BOARD OF ALDERMAN SO
ORDERS THE PAGE LUMBER
COMPANY.
Matter Discussed Before the Board
Three Hours But the Minds of
Aldermen We're Fixed For
Edwards--Last Nights
Special Meeting.

4 special meeting of the Board OF
| Aldermen was held last night to con-
slider the petition of property owners
on West Martin street.
Mr.. c. b. Edwards and other resi-
dents petitioned the Board to condemn
as a nuisance the boiler plant now be-
ing put in by the Page Company in
rear of the Academy of Music.
| When the meeting opened last night
q resolution was offered declaring the
| boiler plant to be a nuisance and or
| den, it's removal within thirty days
| The e. bate lasted for more than two
| hours.
Mr.. Edwards read twelve afidayits
| bearing on the damage TO the prep
| erty by the erection of the proposed
| steam plant, the average estimate be-
| ing twenty-five per cent, He read a
| letters from Mr. Primrose stating that
| the increase in insurance on Mr. Ed
wards property would be raised one
| hundred per cent.
''All these gentlemen are men of
| good Judgment said Mr.. Edwards,
land they agree that the damage is at
| least twenty-five per cent.
| Mr.. Henry A. Page, of the Page Lum-
Der Co., said before the boiler was put
| III It's DOSltOIl IL iuIIbt1 VI CliiENIlS
| were consulted, and none objected to
| it. The company had for quite a
while been making its preparation, and
has found no objection until this late
| day. Mr.. Edwards has no justifi-
cation in calling us a rich corporation
| We are about as much citizens of Raj
| eigh as Mr.. Edawrds, and we ask only
proper consideration from this Board"
| MIR. Edwards replied to Mr.. Page,
answering several points made by him.
City Attorney Holding said it was
not his province to determine facts,
| but to tell them what he believed to
| be the law in the case. The city char
| ter enables the Board of Aldermen to
prohibit any nuisance, or any UNI
healthy business or trade or any dan
ger There are two kinds of nuisances,
one per Sc; and there are other nuisan-
ces by virtue of the surroundings. This
! matter tonight is not a nuisance per
se, and the Board must simply con-
slider whether it is nuisance on ac-
| count Of its surroundings, or un-
| healthy or dangerous.
Mr.. Il. i. Gray, attorney for the
| Page Lumber CO., said the law gave
the Board the right only to abate
nuisances per Sc. The question is: Is
a boiler a nuisance per Sc? eff John
| Smiths dog barks at night and makes
| Bill Jones's life a burden, you win not
| attempt to take the matter in hand p"
| The Board has no right to determine
a nuisance that anything that is not
/ a nuisance per Sc. For all these private
disputes and nuisances the courts are
| open. we respectfully submit that
it is not in the jurisdiction of the
| Board either to consider the petition
or pass the ordinance proposed. Let a
| jury of his countrymen decide the
| question. If you take up and set this
| precedent, you open the door 70 yoH do
not know what. Can YOU Undertake
| it? Look at the end before YOU begin
| your Journey" He read opinions of
| the late Chief Justice Peason and the
| late Chief Justice Smith. bearing on
the subject, and referred the Board to
many other authorities. You can
make a boiler district but you cannot
| single out individual property owners.
| II the health or lives or property OF
| the people as a whole are endangered,
you can abate them. But not so as
| to private matters of this kind" He
| took up the petition and said it was
signed mostly by members of Mr.. Ed
wards family.
| Mr.. Gray read a number of letters
counter to the proposition. 4 number
of the signers of thepetition formally
withdrew their names.
| Mr.. w. n. Jones, attorney for Mr..
| Edwards, said Mr.. Edwards had long
considered the matter and he had not
| come before the Board without due
| elaboration. The plant has injured
| his health. This matter is forced upon
| him. He, gets no rest until the ma
| chinery stops at night He Games here
| because. he is forced to come. Mr.
| Edwards has been a useful citizen for
a quarter of a century This firm of
| Edwards d Broughton has done more
for the town than any other. The
Board has authority to remove any
kind of nuisance. We are asking for no
destruction of property; we ask only
for justice Nobody has right to
come in and destroy the property of
others. They had no right to erect a
| shanty there and put up o boiler to
heat the Academy of Music. He re-
| called the case of the location of the
| Standard Oil house, and said it had
destroyed half dozen residences. He
1 claimed that the boiler was a menace
| to life and property.
| Mr.. Page said he had never had any
| trouble with steam engines. One of the
kind OF gas engines Mr. Edwards pro-
poses for me to use has exploded in
| this city within the last two weeks. If
this petition is allowed / shall ask the
Board TO designate a place where |
may put the boiler.
| Mr.. George w. Thompson and Mr..
w. C. Cram testified regarding boilers.
The city attorney agains stated the
law, interpreting section % of the
charter.
Mr.. Hamilton, boiler inspector of the
Seaboard Airline, made a statement
| regarding boilers.
The clerk read the proposed ordi-
nance.
Alderman Drewry seconded the reso-
| luton. Alderman Stronach seconded
| the resolution.
Alderman Mills objected to the res
| olution.
Tho ordinance was passed with one