Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1900-07-25
The CITY ATTORNEYS OPINION


TIE CITY ATTORNEYS OPINION
CITY A toyney DOothe has rendered the
following opinion:
Alexandria, Va, July "a, 1900.
J. q. HolcOmhe, esq, City Engineer
A xsndria, Va:
Dear Sir-In reply to your letter Of
JIl, II. as to your powers and duties
uader ne ordinance entitled IAN ordi-
,.rce to amend and re-ordsin Chapter
go'tne Law Of the City of Alexandra
o'lS7I.' would respectfully reply az
iuiow-;
section 3 of this ordinance reads:
'T.- Cty Engineer shall keep the
s.e.r. ianes, alleys and cutters prop
.t c.esused IN such manner, by con-
ls4c or otherwise, as the City Council
ms, rom time to time direct" &c.
in. CRY Council has never directed
l.4 tnl- work should be done, hence
,sog powers under this section cannot
p.o ny be defined by me; it Is certain
N.dyI-1ble, in my opinion, for Council
tap.s. an ordinance on this subject,
se1rg forth plainly and fully your
duIsu.der his section.
section of the same ordinance
resi: For the purpose of the re-
m.ya of nuisances the City Engineer
n.sy employ, OF the expense OF the City
Council of Alexandra, as many men,
ig.N and carts as he snail from time
uume deem requisite for the lmmed-
a.e removal thereof.
lie shall inspec all carts, 'UlgOnS and
Dil carriages employed within the
cir, Tor the conveyance of coal, sand,
DIT. manure or other material and see
t1at they BE- so tight as not to scatter
their ioaii0Cs along the streets, lanes
ard allies. l. any cart or other Car
rsge so employed shall be adjudged ~
hun uotit for such employment he cha. j
inf rm The owner or driver thereof, nd
30 sucn cart or carriage snali thereof er
be so employed without being duly re-
paired the owner shall forfeit aud pay
81 for every day il may be so employed.
You will observe that in the first poi
ton of this section it is provided tina
tie City Engineer may employ a.
many men, cIrtS sud horses as be shall
from time TO ume deem requisite. &c. |
In the second portion of the sane
section it is provided that the City En-
gin-er shall inspect all carts. lCdQORS |
ami olbcr carriages employed wliniD
tnr city for tne Conveyance OF coal &c |
TINS drawing distinction beI ween 4
carts, wagons and other carriages.
) elton . refers 10 the employment of |
carts by the City Engineer, and section
provides that the G. ty En- ,ineer shall
Keep a book 10 when he shall enter the |
names of all the laborers and horses
and crr's employed by him, toeethe
with the number of days they are EN-
ployed IN each week &c.
lido not know that the use Of wagons |
Was thought q by The City Council |
when this ordinance was passed, tn
t1e d,hniiiOn Ola cart in the dictioI aries |
] have at hand differs from that of
wagon.
The : udents Standard Dictionary, |
which s one Of the late s. and best, de-
fines cart as heavy two wheeled |
vehicle without tOp and usually without
springs, for earring loads.
Wagon is defined as a four wheeled |
vehicle strongly constructed and used |
to carry loads.
N0rcester's Unabridged Dictionary |
dehles cart as a carriage for luggage or
burden With two wheels so distinguish
ed from a wagon which has four wheels.
It Is my opinion, therefore, that only
carts should be employed under
section 4 OF this ordinance, especially
a. lht same section further on draws q
distinction between carts, wagons and
other vehicles.
Section 3 Of this ordinance does not
make yoOr duties plain, and l won d
advise that you call the attention of the
''ll lou Gil to the matter, so that they
Can act with safety.
Resp, ciully submitted,
GARDNER l.. BOOTHE
COrpOr alton Attorney.
la Difference to the opinion OF the
NY Attorney, City Engineer Hol.
comoe will hereafter employ carts 10.
Stead Of wagons for city work.