The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-13

and TO grant the privilege Woufo
further effect IL.
Mr.. Davis argued that the Whining
ton Street railroad had a limited ex-
elusive charter for a street railway
only and that as the Seacoast railroad
did not propose to operate a street
railway, it would not conflict with the
charter of the Street railway n TO
grant the privilege asked for by his
company would not be bad faith with
the Street railway. He said the Sea
coast railroad also had never paid its
stockholders a dollar and that IL had
done more for Wilmington than the
street railway. His road now asked
to be flowed to construct a trolley
line so it could pay its stock holders
something. To grant the privilege
would be neither bad faith on a viola
ton OF the contract He said as TO
any damage to the city his company
would give a bond indemnifying the
city against damage.
On motion Of Alderman Harriss, the
petition OF the stockholders Of tht sea-
coast railroad was adopted and also
the ordinance, provided that the Sea-
coast Railroad Company give an in
demnity bond of $4,000, and stall be.
gin work in our months. Alderman
Johnson seconded n motion and IL
was passed unanimously with the ex-
ception of Alderman Parker who voted
no and gave his reason for doing so.
Alderman Johnson introduced an or
dinance requiring any sewer company
laying mains. conduits, etc, upon the
streets Of Wilmington to pay $4,000
for the privilege. A motion by Alder
man West to lay the ordinance on the
table was lost by a vote of 4 to 4.
After considerable argument by Alder
man Johnson, his motion was put and
A. L. Ill
cast his vote against it and declared it
lost. Alderman Johnson came back
with another severge proposition but
it was also lost. after it was seconded
by Alderman VonGlahn, who said he
did SO to a a few words. He said he
did not see any use to pass it as the
mayor had said he would not enforce il.
Mayor Waddell a said to the board
hat Alderman Johnson's ordinance
would nullify the act of the legislature
granting the charter to the Sewer
company, and hat it was no. worth the
paper it was written on Alderman
johnson and the mayor had a running
colloquy in which the alderman de-
MED the right of the mayor to discuss
matters. The mayor, however, pointed
him to the fact that the speaker of the
house of representatives can take the
floor. The aldermen are governed by
the rules of the house.
Answering Alderman VonGlahn, the
mayor stated that he did not say he
would not enforce the ordinance if
adopted, but that he did say that he
would notify the chief of police if he
arrested anybody under the proposed
ordinance he would subject himself to
prosecution for false arrest. The may
or also said such an ordinance would
not only lay the city liable for dam
ages but each member of the board
also.
City Attorney w. J. Bellamy being
called on for an opinion agreed with
the mayor that Alderman Johnson's
ordinance would not hold water.
Mr.. H. j. Gerken, of the Elk cor
nival committee. was before the board
and got the privilege of the streets for
the carnival to be held next month.
On motion of Alderman Maunder, the
board appropriated $4,000 to build an
iron bridge over the tracks of the At
lantic Coast Line on Fifth street. The
railroad agrees to build $4,000 abutt-
ments, provided the city maintains the
bridge and provides drainage that will
not injure it's tracks. If the work is
not done by January 1, 1902, the rail
o reserves it's right to withdraw the
proposition. 1t was also a proviso that
h wooden bridge on Sixth street shall
not be used.