The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-09-22
MAYOR AND COUNCIL
His Honor Answers a Question and
Reads the Board a Lecture.
OBJECTION MADE TO HIS STRUCTURES
City Attorney TO Report on tho Status
Montnsue-Mr. ncI ur in The
Role OF tho INSTRUMENTATION on
BuiIdfuE Porchcs : Committee OH
arn,or Plato Plnnt Appointed.

The city council hcld n Specioi meet
Ing last night with the following mem
beers present.: John j. King, president;
D.. ". Ballentine. vice-president; &. w.
Walker. S. n. Montague. w. Joncy VIII
liams. r. L. Glover. e. l.. Lash, j.. II.
nIoore, w. Y. Backus,.
The Street Committee reported adj
rerSeiy on he application OF John Cas-
teen to purchase some dirt from the city.
Adopted.
The same committee recommended
that $25 be appropriated to ascertain the
cause of the overflow corner of Wash
ington an King streets. 1t was re-
ceived and adopted.
Mr.. ackus said he had heard that the
Public Property Committee had golic out
OF the city to employ some one 10 super
intend the building Of the new SchCo
house. To this he objected, AZ he
thought there were plemty of men in
the city who were competent. Mr.. Bal
lcntine said that it was necessary to go
out OF the city, because the architect
who drew the plans lives out OF the city.
The Committee on Ordinances submit
ted an ordinance on size of taps to be
used in sewering houses, which was
adopted.
The Ordinance Committee submitted
tLn ordinance in regard to tearing up
South street now that 1t is paved with
vitritled brick, which was adopted man
imouSly.
An ordinance in regard TO porches was
submitted and adopted, which provides
that no porchcs or steps be built on
streets OF less than 100 feet wide, which
was adopted.
Present-C. S. Minte-.
The Sewerage Committee reported
having elected w. a. Hurt substitute as
slstant engineer, and c. r. Cherry ns
substitute rcma for the sewer house.
On motion the elections were confirmed.
The resignation Of Mr.. ]. ". Ashton,
which was aid over, was called up and
Oh mot oI was accepted.
A communication from Mayor Baird
In reply to n resolution of MI. Montague
was read:
Mayors Office,
Portsmouth, Va, Sept. 90, 1897.
The Hon. the President and Members Of
the City Council:
Gentlemen-I am in receipt OF the fol-
lowing: On motion OF Mr.. Montague.
the clerk was directed TO request the
Mayor to inform the Council why sec
tfon No. lit of the city ordinances has
not been enforced.
(Signcd) L. THOMPSON, JR., C. G.
In obedience to the behcst of the
Council l respectfully submit the follow
ing: | am not aware hat it has not
been enforced, unless the assertion of
MIR. Montague before the Council makes
at n conclusive fact.
l will not make serious objection to
the wording of the motion, for l feel sure
that some Of those who voted for 1t did
80 In no Intention of diScourteSy, bu
merely that they might hear from mc
to know how far the facts in n certain
case justified the remarks made bcfor,
the Council by Mr.. Montague.
The case was simply this: \ citizen Is
charged with II violation OF section No
III, city ordinances, which requires ,ha,
all rubbish be placed on the street In
boxes or barrels. The evidence showed
that this citizen Il been shut in u,
reason OF the paving OF South street
that the city carts, which should lake OF
the rubbish, were unabl to wait pro.
perly upon the citizens In that locality
hence the ACCUMULATION OF more than q
cart load OF debris. This was no
OF dirt, chips and weeds. The dcrcndanI
depOsed that he put 1t out once, and
that n policeman notified him that II
was the wrong day, and that he would
have to take ii III. He did so. He fur
ther deposed that he did not know and
did not rccollcct that the policeman told
MIN that it must be placed In boxes on
barrels, so he put it out early on Sat
urday morning, rs he had done on the
Wednesday previous. In summing up
told him that he had violated the law.
and IN order that its dignity be pre-
served, imposed a fine of S.. / said
from all circumstances surrounding your
case ! consider it a hard one, and will
therefore remit the fine.
In dolnE this ] have exercised a pre-
negative which by common consent has
been conceded ITO belong to the Mavor
since the foundation of the city. The
records in my office will bear me out II,
this assertion, that every Mayor who has
preceded me has RENTED lines. The
question or when II is proper to do so
lies in his conscience.
In this instance did nOt knov, tbn
man, nor would ] know him now were
1 to meet him. I was impressed from
MS appearance and demeanor that he
was not over-hurdcned with this worlds
goods. Then the head and front of my
oflcnse is that ] have been merciful and
nave extended clcmency TO an unfortu.
nate man, whose innocence OF anv
wrong intent was manifest. Such are
the facts in this case which
the relheu and patriotic oratory of
Mr.. Montague.
Permit me to call your attention II
the fact That section No. III, the one here
IN question, and section No. 1872 of the
city ordinances impose different penal
Ties Tor the same offense. This is not
consonant with the fitness of things
and would respectfully request YOU
no INFORM me which is the law. Both
cannot he the law, for they contain par
aIlei subject matter, with n difference in
penalty.
] would suggest a reference Of this
matter 10 your Committee on Ordinance,
with instructions TO bring in n new one
more definite