The Providence news. (Providence [R.I.]) 1891-1906, 1903-07-31

Mayor Miller called the board 10 order
about noon time and after the warrant
was read by the city clerk. Col. William
Clark. and all the members were In their
seats. a considerable amount OF routine
matter was transacted.
The reports OF overseer OF the Poor
Matthew J. Cummings was received and
approved and T. Fred Chase was ap-
pointed clerk pro tenn. of the common
council by his honor. Mayor Miller.
Claims for damages from Alyah r.
ormsbee. Ernest T. Hale. Josephine Me-
Cabe and william Glover were referred
to the committee on claims.
Ine monthly report of the inspector of
steam boilers and the semi annual report
OF the city sealer OF weights and meas
upes were received.
An account OF s204301 from the poor
department and s4s1s from the sealers
account were received and allowed.
The petition OF James Houton and others
TO curb Hilton street and the peution
Of Taylor Barnes and others to curo
Iaban street were referred 20 the COM
mittee on streets.
Tho petition of James Houton for a
sewer on Hilton street. was referred 10
dinance accepting Hilton street as~read
! and passed.
The petition of Joseph q. Johnson TO
move a building was referred TO the
Joint committee on highways and under
the suspension OF the rule. permits TO bid
barns were granted 10 w. III. Bowen anu
Frank Murray
Resolutions were adopted, accepting
gifts to the North Burial ground fund
from W. III. and Charles Il. Hathaway,
administrator: Alpha CO J. Farnes,
George Leigh: Thomas Wickens and
Charles H Stakley; George Miller; and
| laide I. Bishop and Adelins T. Cluster.
The petition of Frank Albanser TO give
| n display of fireworks on Branch avenue
| near Charles street was referred 10 the
fire commissioners, with power TO act.
The following petitions to build barns
| were laid on the table for two weeks:
Michele Piano, 5 Veto street and Harry
| Kilburg rear of Is Inez court.
Tho message of Mayor Miller relating
to the death OF the late commissioners of
| public works, Robert p. Smith. and the
| d,fficulties which have arisen since that
! tine. was received. He said in part:
| III the present vacancy is 20 be filled.
| and for practically the whole term OF
three years for which Commissioners
Smith was appointed. In accordance with
| thu provisions of Clause 10 OF Section
TX. OF the charter. such action would be
| I'm direct opposition TO the present city
| charter so far as the method OF filling
said ofice In concerned, since II would
be entirely contrary to. and would defeat
the purpose Of the said amending act
| Of Nay j, 1890.
! therefore Il seemed TO me. although
under the circumstances Of the case as
sta ted In his opinion, the city solicitor
! finding may be the true solution OF the
nroblem. that IN view OF its Importance
| 10 the city OF Providence, II would be
| most fitting to have the opinion or our
supreme court upon the manner In winch
and the time for which, the vacancy III
| this ofYice should be filled. before tskins
| any action thereon, and therefore re-
| ouested the governor OF the state VINO
| by provision Of the constitution OF our
! ,tate has mower to do so. to ask the SUI
/ nreme court for such an opinion, TO which
request OF mne the governor assented
! and has asked the supreme court for It's
| op,nion upon said questions.
A BUSINESS MATTER.
T-n,s q. nurely a business matter; the
nannar Of nlling this vacancy should bt
| s,oh that no possible question couiu
| ariss in connection Herewith anecting IN
/ any way the important work or this de
partment OF the city OF Providence whiof
is now In progress. or TO be pertormeo
4 during the term TOT WiiSh
smith was appointed
] Although but n short time may be re-
ouired by the supreme court In which &c
prepare and transmit its opinion 10 tne
governor. vet "a IN the meanwhile the
work OF this great department must ~
on without interruption and Its employee
be paid. an ordinencs has been perparec
and will he presented 20 you today fol
passage. which provides for carrying or
tho necessary work In this department
until the vacancy shall be filed
AUGUSTUS s. MILLER.
Mayor.
with n was the opinion or the city so
ncitor which was IN part as follows:
I "In the matter OF filling the vacancy ir
the Office of commissioner Of public
works. ocossioned by the death of Mr.
Robert r. Smith. commissioner In repJ
20 your reoues, for my opinion. l have
the honor 90 sdyise that the act OF tho
general assembly creating said office Is IN
| express terms an act In amendment OF
the city charter. said act In amendment
makes no special provision for the hllins
/ Of said vacancy.
The city charter. however. contains n
general provision. section q clause 10
which provides that the city council,
shall also have power TO all all vacan-
c;es. arising from any cause. IN any OF