The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-05


! Company filed before the Committee on
/ StrectS when this ordinance was under
consideration by that body. q written pro
test which must mean that 1t is prepar-
in., to l.tSate the question of the risht or
/ the city to compel it TO put down any
/ particular underground system. /, as
counsel for the city. feel constrained To
| say that your honorable body should be
well satisfied Of the practicability and eff
tic:ency of the proposed system before
the pending ordinance Is passed.
3 If the city has the right to pass the
ordinance, is it in proper form? In q
general way, would answer this question
in the affirmative. I observe, however, in
line eleven, OF section one, the use of the
word .'permssion,'' which should be re
uurement'' inasmuch as the ordinance
requires the Introduction, rather than
grants permission to introduce the pro-
| posed system.
QUESTION OF LIABILITY.
5. Will there be any liability on the
city under the said ordinance II passed!
This is a question not easy of solution
If the city should require the introduc-
ton of a particular system. which. after
thorough test fails to prove itself ade-
! uuate and efficient, it would place the
city in a very embarrassing position. ana
might subject it to the necessity OF de-
Tending suits seeking to recover damages
for the loss to the company by reason OF
money expended in the introduction of an
inefficient system. l do not think. now
ever, that there could be any recovery in
| such suit.
Very respectfully,
II. r. POLLARD,
City Attorney
Il .JJpon the discussion of the jenkins SyS-
tenn ordinance in the light of the city
Attorneys opinion. it was moved that the
matter be referred to the Committee on
| i Nv ,-,tsl If
to - A motion to reconsider was lost
by II to -, failing of the necessary two
thirds ma jOritN.g e-s5,S
TIC. HEAR BOOKER WASHINGTON
A communication from the Negro Bust
ness League inviting the Council to hear
Booker Washington at the Academy on
February 18th. His subject will be The
Past, Present and Future OF the Negro.
The invitation was accepted
The communication from the Bell TeIe-
phone Company asking for the establish
ment of satisfactory 81 rliinS relations
with the city was read. This was DCb-
liShed Scome two weeks ago. Re.errea %
the Committee on Streets
THE HORSE CAR FIGHT
The question of the respective rights OF
the two street railway companies on
Eighth Street, which had engaged the at
tention of the public and the courts dur
ing the day kept the members of TIE
council awake several hours. Indeed. the
fight in the council was more spirited than
that in court, and the cGun:ilHen We're
kept away from their homes almost as
long as the innocent mules ana tts.E
drivers rested during the day
The matter was brought before the cou1i-
Gil in the form of an ordinance offered by
Mr. Adams. This paper declares that the
mule cars are now operating without stu-
thority and that their running Is iEterler-
ing witt work Eighth Street. Inc or
dinance orders that the running OF mule
cars be stopped in five days unless the
company surrenders its right TO operate
on Eighth Street or gives its written
permission to the Traction Company for
ths. removal of the Eighth Street tracks.
If the Passenger and Power Company
complied with these conditions II Is au-
,,1orized to run down Seventh street IN
stead of Eighth Failure 10 accept the
ordinance by the Passenger and Power
Company and its continuance 10 run
mule cars after six days would accord
ing 10 tie ordinance, subject the company
to a fine Of from 500 to $9D Tor each
offence.
THE NEW JAIL QUESTION
GMr. Adams yielded for q few moments,
and Mr.. Woody introduced a resolution
taking the consideration OF the new 1nli
ont of the Finance Committees hands
and placing it with the Grounds ana
buildings Committee. Mr. Gunst argued
,for the matters remaining Will ILie
nance Committee. and Mr. Adams for It's
Going to the Grounds and Buildings COM
mittee motion to lay en- tanie was
lost by to 70
The chair stated that the Woody reso.
,,,tion was out of order. and upon appear
nv Mr. Woody the chair was not suS-
tanned by Is to 10, and the paper was ue
clared in order Upon q vote on the
| woody resolution it was adopted pE
vote of is to H.
MI Bloomberg moved to recons deE'
and the motion was lost
THE CAR FIGHT AGAIN.
The Council took up the Adams resoil-
ton again and Mr. c. w. Meredith, OF
counsel for the Traction Company. adj
dressed the Council on the importance oil
prompt action to prevent the horse cars
from running Broad Street.
1 Mr.. Winston moved To adjourn until to-
morrow at 6 P. NJ. to take up only the
street car matter. This was lost by 4 vote
of i TO L.
Dilatory tactics and motions TO adjourn
consumed an hour. after which Mr.
Meredith began a discussion OF the rights
of the mule cars on Broa dand Eighth
Streets He claimed that the Passenger
and Power Company had rights on
these streets. He stated that at the
\ time of the discussion of the matter be-
fore the committee the Passenger aat
Power Company never claimed or assed
the right to run on Eighth Street. ou
| had in September asked for a Seventh
Street privilege instead
He stated that the Eighth-Street privi-
lege had been granted the Traction COM
pany. and that the latter company had
notified the Passenger and Power CoEa-
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