The daily sentinel., 1906-12-20
CAPT. O'NEIL>
IS CHOSEN
AS CITY MARSHAL
City Attorney Coles Says
City Can Build Its Water
System---Fire Chief Rog-
ers Makes Requests.

II city Marshal Wallis rendered his
/ resignation to take effect January
1907 As announced yesterday he is
to accept the Office of undersherif un-
der Sheriff elect Charles Schrader.
H Three applications for the Office
OF city marshal were received. C.
| Perry Rogers. George F. Toupaino
and C. C. O'Neil, the present night
marshal. wanted the position The
matter was referred to the fire anl
| police committee. This committee
held a session later in the evening
and made a report recommending
Captain O'Neil for the position of city
marshal. The council then by unaui.
nous vote elected Captain O'Nel.
a petition was then presented by
/ the Grand Junction Feed and Imple-
ment company asking the council to
! restrain S. b. Hutchinson from doing
/ further construction work on the
large frame building on the south
side of Main street between Sixth
and Seventh. The petition was sign
ed by quite large number of prop
erty owners in that block.
Judge Gustave Van Hoorebelle ad-
dressed the council on behalf of the
petitioners. The petition set forth that
the building was not in conformanca
with the fire ordinance and that the
/ request for permission to erect this
/ building made to council, stated that
I the same was to be erected on lots
and Z, when as n matter of fact
the building is being erected on lots
| Z and S and lot G is owned by another
party. 1t was further alleged that
/ this request for permission to build
had been referred to a committee of
council for final action and that this
committee granted the permission,
Attorney Van Hoorebeke declared
that this was Illegal on the grounds
that under a ruling of the supreme
court such action could not be dele
gated to a committee for final action
but that the council as a whole must
| pass upon such matters.
After continued discussion by the
attorney and members of the coun-
/ ell Alderman Platt made a motion
work on the building stop until the
council could make further investl-
cations This motion was lost by n
vote 6 to .. only Aldermen Smith and
Plat voting for its passage.
Fire Chief Rogers requested the
council to pass resolution making
it necessary upon the part of the elec-
trio light company to have workman
in attendance at every fire that may
occur in the city for the purpose of
cutting the electric wires and looking
after them. Chief Rogers explained
| that the presence OF these wires at
fine endangered the lives of the fire.
men and other people and n compe-
tent workman should be there to
look after them. He stated that
at the burning of the Miller block the
electric wires caused much trouble
and no little danger
The matter was referred to the fire
and police committee.
Chief Rogers further addressed the
council and asked that an ordinance
be prepared and passed providing
that no building shall be erected in
the city without fire wall of at least
~ inches in thickness every 20 feet
of the width of the building, this was
to extend above the roof of the build
ing at least two and one-half feet.
This was referred to the fire and
police board
Chairman Davies of the regular
water committee. made report on
the request of the county fair board
asking that they be not required to
uay a bill of S120 for water rentals.
The committee recommended that the
bill be collected in regular form. The
report was unanimously accepted.
TIC mountain water system then
came UP for DISCUSS on. Much time
vas occupied in general discussion
Of best modes Of T"oCeGure. City At
| torney Coles delivered o written opin-
ion to the effgat th2t city of the sec
ord class can lsE6lly build its own
water system, This opinion is given
in tull Varion, phases of the mat
ter ad been dsussrd JLt no import
ant action taken.
The acceptance of the extension of
franchise granted the company, was
filed by the Grand Junction Electric
and Gas company.
Council then adjourned until De-
cember 26th.
The opinion of the city attorney is
as follows:
Grand Junction. Colo.
December IS. 1906.
To the Hon. Mayor and Members of
The City Council
| Gentlemen:
In reference to the matter refer
red to me for opinion, as to whether
the city has the power to construct
/ water WI Ms lpl Lllt lnt VI Allf lAlhdbA7
tants of said municipality. and whe-
! ther or not same has to be done by
contract let upon open bids, after a
very careful and thorough eXamina-
tion of the law upon the subject from
| the material at hand, I am of the
opinion that same can be done by
| the city, through its council, either
Iby contract upon open bids to the low
est responsible bidder, or by the city
through its own proper officials.
base my opinion upon the word
| ing of the statute which. under Sub
division 81 of Chap. 124 Sec. 4.403
being IAN Act Concerning Water
Works etc" which says: THE city
council of cities and boards of trus-
tees of towns shall have the power
to purchase or erect water works, etc,
or TO authorize the erection of the
same by others, etc,
The courts in passing upon this
particular section of the statute as
found in 3rd Mill's-Quoting from
the decision of the court in the case
OF Thomas vs.. the City of Grand Jnuc-
Ition, the court used these words in re-
Ilation to the force and scope of said