The Montgomery advertiser., 1901-11-23
TO SUPPRESS A BARN
CITIZENS PETITION THE MAYOR
 BUT IN VAIN.
There is No Law by Which the Mayor Can Give Relief Asked for, and the Mattr May Go
 Into Courts.

Mayor Joseph has been petitioned by residents of Lawrence, McDonough Grove and High Streets to suppress a hay barn which W. D. Peck proposes to erect in t-e vicinity of their residences. The aeout Of the petition, which contained twenty-Iour names, unmasked a goodly TOW winch has been brewing for some tme between the residents and the own CT ot- the proposed barn.
 MT Feck owns a vacant lot facing GIove street, Several days ago he de- e,aed e to erect upon this lot a building, the nature of which was reported to the adJoining property owners as a storage mouse Tor hay. At once they raised a protest against the building. claiming Us character would endanger the resi- dences in the neighborhood, because they said, the hay would surely catch nre and once 1t did their homes would likewise go up in smoke.
 rms protest was not allayed when several of the property owners called at the City Hall and found that a building permit had been issued for the hay para Then they started the petition to the Mayor.
 On receipt of the petition Mayor Jo- seph referred it to the City Attorney, who reported yesterday that there was Tn existence no city law by which the barn might be suppressed. This opinion l will be forwarded to the property own CTS today. It may put an end to the hopes of the neighbors who want the barn suppressed, but there are threats Tn their ranks of resorting to the courts for an injunction, hence the matter is not altogether closed.
 Here is the petition to the Mayor. fol- lowed by the City Attorneys letter em- 00ayRg his opnoa R,o on the Mev subject To the Hon. k. B. Joseph, Mayor of
 the City of Montgomery:
 The undersigned citizens and property owners residing and owning property in Grove and McDonough Streets, and in other blocks of the city adjacent thereto, respectfully represent to Your Honor that we are informed that MT. w. D. Peck who owns small lot in said block facing on Grove Street between Law renee and McDonough Streets, has ob- tained from the City Engineers office large barn. which is to be built of wooden material, and that said building when erected is intended to be used not as an ordinary barn or stable, but as a warehouse in which is to be stored large quantities of hay which Is to be kept on hand for the purpose of supplying cus- toners of MT. Peck who wish to buy hay from him, and mat this is done simply trouble of hauling hay from the country in order to supply his customers as they Feed it
 We further represent that the DOT tion of the block in which this building is proposed to be erected is one of the most thickly settled portions of the resi- dence part of the city of Montgomery, and that said barn when erected will be within less than twenty-tive feet of not less than three dwelling houses. that all of the houses in said end of said block are built very closely together and that in the event of a fire occurring in any of said houses the entire end of said block would be endangered. That the said building proposed to be erected by reason of the above facts, would be dan gerous to the entire block in which it Is proposed to erect the same, and by req son of the use which is intended to be made of it would render the fire risk in said block extremely great and that it would be a menace to the lives and prop erty of the citizens who live in the ad- jacent territory. We respectfully request that you, as chief executive of the city of Montgomery, will take such steps as will prevent the erection of said build ing as contemplated, and to protect the lives and property of the citizens and property owners in said vicinity.
 Geo ". Halls. Jno. G. Harris, H. s, Persons, S. J; Cassels, Abe Kraus, Vim. ney, Chas. A. Stern, Harris Gunter, W. M. Blakey. George Stuart, Lucie c. Gregg, Inez Stuart c. J. Campbell. J. C. Haas, A. Drum, c. w. Haden. E. M. L. Hamburger and w. M. Irvine, c. T. Ruff. S. J. Sykes"
 Hon. E. B. Joseph. Mayor, City:
 Dear sir-Yours of the Fist, enclosing
 
 block bounded by High. Lawrence, Grove and McDonough Streets, requesting that you prevent the erection of a building fronting on Grove Street, which petition CTS say is to be used for the storage of hay, has been received and considered by me
 You have no right to presume that building not yet erected will be used af- ter erected, for a purpose contrary to law; and there is no ordinance of the city that would prevent the erection of barn at the point named. Should this barn be used, after erection, for an un- lawful purpose. then, and then only, could you act in the premises.
 'I find no ordinance limiting the amount of hay that may be kept outside of the fire limits except Section S19, which is in words as follows:
 Any person who puts or keeps, or causes to be put or kept, any hay straw fodder, shucks or what Is known as ex- celsior, in any stack or pile without hay ing the same enclosed or secured so as to protect from sparks of fire, must, on conviction be fined not less than one nor more than one hundred dollars
 ''The lot upon which the building is to be erected is without the fire limits and if the hay which is proposed to be stored in this building is enclosed or secured so as to be protected from sparks of fire, it will not be contrary to the ordinances of the city. The City Council however, may pass an ordinance prohibiting this fo ARfNt