The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1897-10-09
POWERS OF COUNCIL.

the legislature creating the corpor
alton. The legislature, by virtue o.
its authority over public ways, may
authorize acts to be done in and
upon highways, or legalize obstruc-
ton therein, which otherwise would
be deemed nuisanees, and all statues
granting to municipal council
power to permit the erection of such
things as ordinarily would be OBJ
structions and nuisances, must be
strictly construed and closely pu,.
sued. What charter-power, what
act of the Legislature is there in ex-
istence which gives the town OF
Morgantown the authority to permit
the erection of distractions on the
streets? None that | have been
able to find.
NUIsANCEs.
"Thc principle that streets and
public places and the use thereof,
speaking generally, belong to the
public, is one of the greatest impor-
lance. Any permanent occupancy of
a public street constitutes nui-
sances Any obstruction, for the
time being, is in the nature of a
permanent occupancy, and is there
fore a nuisance. SO strong and I'M
disputable is this doctrine that it
has passed into maxim of the law
shat THE king cannot license the
erection or commission of a nui-
sance" DILLON, Municipal Corpor-
alton, H., Sec. 600. Instead of
granting "a permit to erect hitching
posts upon the streets, it is the
plain duty of the council under the
law to prevent the erection of same
and if erected it is their plain duty
to cause the same to be abated by
bill of injunction or by removal of
the obstruction. If under the common
law the king could not license the
erection of obstruction, it is plain
that "a municipal corporation can
not do so by virtue of any implied
or general power y Let me quote
again from Judge Dillon, the great
est authority on the subject in Am
erica:
.The usual power to regulate and
control streets has even been held not
to authorize the municipal authori-
ties to allow them to be cncroached
upon by the adjoining owner, by cree
tions made for porches extending into
the street, or flights of stairs leading
from the ground to the upper stories
of buildings standing on the line of
the streets" 'The person erecting or
maintaining nuisance upon a pub
lie street, alley or place, is liable to
the adjoining owner or other person
who suffers special damages there
FROM"
The purpose of a public street is a
passage acdy along, across, upon and
over which the public have a continu-
Gus and continuing right Of passage us
contradistinguished from any sort of
occupancy. We have recent decision
in the Federal Courts upon this Ques-
ton. The law is not new; it is as old
as the Common Law. No citizen has
any right to any sort of permanent oc-
cupancy of a-public street or any part
thereof. A hitching- post is a perma-
nent occupancy of so much of the pub
lie street as it stands upon; and any
injury resulting to persons or property
by reason of the planting of the post
renders both the planter of the post
and the authority permitting the
same to be planted liable in damages.
The citizens lawfully using the street
for purposes of passing along, across,
upon, or over the same, need not take
notice of tho existence of any such OBJ
struction. 1t is the duty of the pub
lie to keep the streets clear; and if in
jury result, liability for damage fol-
lows as matter of course. The
council that permits the erection of
such posts is in this situation: Q)
They are guilty of violating the laws
they are sworn to sustain. (2) They
lay the corporation liable in damages
by reason of their unlawful act at
tempting to grant such permit.
WHAT Is THE REMEDY?
What is the demand; what is the
emergency; what does the town re-
quire, that calls for this act of coun-
Gil? 1t is said that the commercial
interests of the town suffer by reason
of there being no place where the peo-
pie who desire to trade with the town
can leave their vehicles and hitch
their horses. A bad state of affairs
indeed for town to be in. 1t is a
condition that every thriving town
with rural trade has to meet. But
is the granting of permits to obstruct
the streets by unsightly and dangerous
rows of posts remedy? Is this the
way in which thriving towns meet
this question? Is this the end of
Morgantown's growth and develop
ment of the past ten years that we are
to go back to the old country-village
aspect of affairs and have our streets
obstructed by rows OF posts? What
can the town do? How can this him
drance to trade with our country
neighbors be removed? There is only
one sensible course to pursue. What
is it? Buy enough ground at some
convenient point in the town to make
a public hitching- park.
Impossible! Out of the question
shouts the old fogy who has been sit
ting down in the way of progress IN
til he has been run over time and
again, and still gets up shouting, "You
can't do it," But you can do it.
How? Where? At what cost? No
matter about the cost my friend. The
town has got to face this question in
business sort Of way. To erect the
posts will not relieve the situation; it
is only a makeshift. The question Of
q suitable public hitching park is still
on hands to be worked out by some
subsequent council. Now / will
question you. Do you expect land
to become cheaper? You know it
won't. Every day that goes by the
acquisition of sufficient ground for a
public hitching park becomes a mat
ter of more money. 1t must be had,
sooner or later. But where can we
find the ground? Now you begin to
talk with little bit Of reason. l will
tell you. Walk down onto Long Alley
between Bumbo Lane and Walnut ST.
Look on your right hand, then on
your left. You will observe the rear
end Of the lot owned by the Second
National Bank; also the old A M u
church lot with an old dilapidated
building on 1t. On the oppositei is the
rear end Of tht, N N Hoffman lot, and
also the / N Neaver lot. These frac-
items Of lots and buildings ought to be