The Barre daily times. (Barre, Vt.) 1897-1959, 1905-05-13

signed by the owners or owners of two
thirds Of the frontage upon such street,
lane or alley, or any portion thereof,
and praying that the same may be
drained, graded, paved or macadamized,
cubed and guttered, or that any Of
such Improvements may be made. (2)
when the city council, by resolution
duly passed. shall decide that the pub
lie good, and the convenience and neces-
sitv of individuals demand the contem-
plated improvement to be made" Kent
v Village of Enosburg Falls, II VT,
255.
The existence of either Of the juris-
dietional facts is negatived by the all
legations in the bill. Tt is urged, how
ever, that the resolution ADOPTED by
the city council June 10th, 1908, is in
EFFECT q direct finding by that body that,
in its judgment, the public good and con-
yenienee and necessity of individuals re-
quire the street to be paved. But we
do not think it is fairly subject to such
construction; for, after stating "that
whereas is seems desirable" that GER
tain portions of Main street should be
paved, it then expressly instructs the
street commissioner ito issue notice to
the abutting owners, hold hearings, hear
the claims OF those interested, and ii,
in their Judgment the public good and
convenience and necessity of individuals
demand it, to have said portion" OF
the street so paved, ETC., in language
to plain in meaning to admit of doubt.
This reference of the question excludes
the idea that il had been determined by
the city council, or that it was SO nm
derstood by them.
Under the provisions of the charter,
the city council have jurisdiction to or
der and direct the street commissioners
to cause the street. lane or alley, or
any portion thereof, to be drained, paved
OF macadamzed, cunbed and Quilted on
Ily, Cd when petition in writing
shall be presented to the city council
signed by the owner or owners of two
thirds of the frontage upon such street,
lane on alley, or any portion thereof,
and praying that the same may be
drained, graded, paved or macadamizcd,
Icurbed and guttered, or that any of such
Improvements may be made" (2)
'When the city council, by resolution
| duly passed, shall decide that the pub
lie good, and the convenience and neces-
Isity of individuals demand the con-
templated Improvement to be made"
Kent Y. Village Of Enosburg Falls, II
| VT, 1855.
The existence Of either Of the juris-
| dietional facts is negatived by the al
legations in the bill. 1t is urged, how
ever, that the resolution adopted by
the city council June 10th, 1908, is in
effect direct finding by that body that,
in its judgement, the public good and
convenience and necessity of individuals
require the streets to be paved. But
I've do not think it Is fairly subject 10
such construction; for, after stating
that whereas it seems desireable' that
certain portions of Main street should
be paved. il then expressly iRstructs
the street commissioner s'to issue no
lice to the abutting owners, hold hear
ings, hear the. claims of those interested,
land if, in their judgement the public
good and convenience and necessity Of
individuals demand it, to have said por-
rion7 OF the street so paved, ETC., in
language to plain in meaning to admit
Iof doubt. This reference of the ques-
ltion excludes the idea that it had beer
determined by the city council, OF that
lit was 50 understood hy Them.
The determination of the iurisdic.
tional fact thus attempted to he referred
to the board of street commissioners is
judicial in character, -Stearns v. City
Iof Barre, 10 VT, 2st, and it cannot