The times. [volume] (Richmond, Va.) 1890-1903, 1896-05-05
City Attorney Meredith Says They Can
Be Removed for Cause.
FOR A NEW STREET RAILWAY COMPANY
The Icssces of the Exposition Grounds
Ask for "a Franchise Under the Name Of
the Lee District Hallway Company.
Statement by city Accountant

arrived il was iOuud luaL OAi9 'l-HN i4Niii
bcrs were present, and recess had there
fore to be taken until the arrival Of the
required number Of members. At o'clock
the following sixteen members answered
to the roll-call.
Messrs Bloom5erg, Briggs, Brock, Car
ter, Cashe, Davis. Don Leayy, Ebel,
Gunst. Hawkins, Hobson, Lawder, Nc
Dowen Wallerstcln, Woody, and Presi-
dent Glover.
The Committee on Finance recommend
ed the adoption of a resolution accepting
the offer Of $3.50 for 100 feet Of ground on
the north side OF Hospital street between
the city Almshouse and the Hebrew Gene
terry. the property TO go 10 the Board Of
Managers of the Hebrew Cemetery.
Mr. Caskie opposed this Measure and
advocated the adoption of an ordinance
which had been rejected by the Finance
Committee, providing that the property be
sold at public auction. Mr.. Caskie, In
speaking to the amendment to that effect
which he offered, said that Two reputable
real estate agents had estimated the pro-
B
MIR. Cdslde's substitute was declared 10
be out of order inasmuch as the resblu-
tion coming from the Finance Committee
was substitute 10 the original ordinance
Alessrs. BlOOmberg, Guust, ana feiliier
spoke I'm favor of the recommendation or
the Finance Committee while Dir. Epps
expressed similar Niewi as Mr.. Caslue.
After some further discussion the reso-
lution was lost by "a vote OF Il 10 B. the
Chair ruling that a two-third vote would
be necessary 10 carry the resolution. Ihe
vote was as follows;
Ayes -Mcssrs. BlOomberg. Briggs. Brock,
Cottrou. Davis. Deane, Don Leavy' Ebel
Ferriter. Guust, liOhsOn, Mayer Nc
Doweu. Page. Wallcrstein, Woody, Glo-
vor-l1.
Noes-Aiessr,. Blanks. Carter, Caskie'
Epps. Griffin, Hawkins. Lawder seay-N-
Mr.. Bloomberg moved TO reconsider the
vote. but after some further discussion
the motion was lost
The original ordinance by which the
prouerty is 90 Doe sold at public auction,
was then taken up and an amendment
offered 10y Mr. Caskie was agreed o.,
providing that the property IS not TO be
sold for less than 81 go. The ordinance
was adopted without q dissenting vote.
A rslution was adopted upon the
recommendation of the same COM
mittee authori7inr the City Au-
ditors 10 conccl an worthless
delinquent bills for stall rents, etc. I'm the
three public markets Of the city.
THE ACCOUNTANTS REPORT.
The Committee on Finance submitted
10 the Council On report Of the special
accountant, Captain Carleton Mccarthy.
i'm regard TO the accounts Of the Conn
mittee OH James River Improvement The
report which ON motion oil Mr.. Woody
was ordered to be filed, reads as follows:
To tine Committee or Finance.
Gentlcmen,- Az instructed by your chair
man. / have made au examination OF the
BOOKS, papers accounts, and affairs of the
Committee on tie Improvement OF james
River, and respectfully report.
The James River Improvement Commit
tee is composed OF seven members of the
city Council and seven citizens who are
not members of the Council. The presi-
dent of the Board of Aldermen appoints
three and The president OF the Common
Council appoints four members. The
Chamber of Commerce elects seven MEM
bers. The committee elects members TO
I'M vacancies. (The power 10 do this last
is conferred by an ordinance ana not by
the cAartcr)
The chairman g. elected by the commit
tee from among their own number, but
must be "a member of the Council. \ ma
jority oil the committee constitutes "a
quorum. ana consequently IL happens that
a quorum may consist Of a majority OF
citizens who are not members OF the
Council and a majority of COuncilmen.
The powers OF the committee are de-
rived from an act OF Assembly approved
February 70. l>2 (umendIng the sixth sub
division of section 10 Of chapter of the
city charter. which confers upon the
Council certain powers which may not be
delegated, and also confers the powers
set forth I'm sections 2Jll, 20l3, and 2Jli of
the code of 1881. and provides that the
Council may delegate these powers 10
some proper committee composed Of per-
sous satisfactory TO said Council. 1t is,
therefore. the powers set forth i'm sec
ti0us 9Jll. 2lla. and 20li Of the code which
may DEE delegated. and not the powers
set out i'm the act itself ana conferred
upon the Council.
Chapter So (sections / 10 s. incluslve) Of
the ordinances OF the city provides for
the organization OF the committee and
dehncJ its duties and powers, and was
probably intended To assume and dele
gate TO the committee all OF the rights,
powers. privileges ETC., conferred b. the
act OF February 1892.
The committee as now constituted seems
70 bc exercising powers which cannot be
delegated 10 persons satisfactory 10
the Council and the ordinance seems 10
combine the powers which may be dele
gated with those which may not confer
all on committee composed partly Of
persons not responsible 10 the Council ]
therefore respectfully recommend that the
city Attorney be requested TO examine
the question and file his opinion.
All OF the powers set forth in the sec
tion OF the Code referred 10 may be eN-
ercised without any expenditure Of money
or any expense 10 tie city.
The city ordinances require the COM
mittee 10 elect "superintendent,' whose
election shall not be valid until approved
by the Council when the committee
had a superintendent he was elected
and acted as such without the approval OF
the Council The election OF the present
"superintcndcnt" Captain Cunningham,
las moi been confirmed by the Council.
Toe minutes Of the Board recognize Cap
tam Cunningham as superintendent"
The ordinances further provide that all
moneys appropriated and set apart for
tho work shall be under the charge ana
keeping Of the city Treasurer and shall
be paid out on the warrant OF the City
Auditor.
ln September 1885. the superintendent
reported the sale Of property 10 the
amount OF G.06l.5l. During the years 1888.
1884. 1885, and 1856 the Auditor received
from the committee only Si2l 80, and this
was the proceeds Of sale reported May,
1855. The minutes show how the S6,O6l.5l
was paid out. but the Auditors books