The Providence news. (Providence [R.I.]) 1891-1906, 1906-02-06

t0pn mOOfc0 b.
had deemed this legislation necessary he
would have allowed 10 slumber so long I'm
the general assembly.
"I believe Il was brought forward by
some one and the city solicitor did not be-
leye IL necessary and therefore did not
urge It's passage before the legislature.
cannot believe the law department mas
been asleep three years
Here is a case from ll2 Cal 159. where
CITY OF Fresno entered into a contract
with plaintiff 10 take care OF sewage or
city for FIVE years After paying several
years the city refused to pay further on
the ground that the contract was void.
Tho plaintiff brought suit and his conten-
ton was upheld There is no law In our
statutes 10 prevent such a contract un-
less it is expressly prohibited"
WOULD HAVE TO PAY.
Judge Cooke quoted decisions OF the
United States supreme court TO show that
even IL n contract were made without ex-
press authority on the part OF the city.
the performance OF the contract by the
other party would make the city liable on
the ground that II was something neces-
sary or OF advantage 10 city or the city
would reap the benefit II would be obliged
20 pay therefor.
The legislature, he said, was waiting
for business and II the matter had been
pressed before II Il would have received
immediate attention and IL unopposed IL
would have been passed In four days.
The fact that the law department had not
pushed the matter. he considered as evil
dence of the fact that such legislation was
not needed TO enable the city TO go ahead
with the matter.
Mr.. Cook moved that the law depart
ment be requested to ask the legislature
60 act on the pending measure.
Alderman Gorham offered a resolution
IN duplicate OF the one now pending be-
fore the assembly.
Mr.. Cooke moved to amend by insert
Ing the word forthwith The amendment
was lost and the resolution was passed.
BARN PETITION.
Or II. III. Wolf appeared I'm behalf OF
his application for permission 10 build a
barn on Prairie avenue. he presented a
plat showing the layout OF the block in
which II is proposed TO build the barn.
together with the written consent OF all
the land owners I'm the block except +. j.
Ettlinger. who objected.
DR. Wolf called attention 20 the fact
that all the signers OF the consents were
owners OF improved real estate except the
remonstrant The remonstrance was
read and on Acting Mayor Reynolds REQ
ommendation the petitioner was given
leave to withdraw.
a resolution directing the joint stand
ing committee on fire department 10 rt
quire and report on the advisability and
expense OF erecting a fire station I'm the
Eighth ward was passed.
An ordinance permitting the Providence
Telephone company 20 erect and ma!utain
poles and wires I'm certain streets was
passed
The petition OF James and Mary Com
pamia 20 revoke the barn permit for
easterly side of Charles street, near
Branch avenue, after a hearing, was not
granted
SUNDRY PETITIONS.
Schedules OF bills for the various depart
ments were allowed.
The petitions OF Charles PavIini John
Milorki. Sarah J. Hall and r. J. Leyden
for permission 10 build barns were grant
ed under suspension OF the rules.
Various awards OF damages under the
dog law were approved.
Abraham Richmond was given permis-
sion to withdraw his petition for barn
Frank A. Waterman was appointed as
auctioneer,
The petition of Barbara Schmidt forper-
mission 10 build barn was granted.
James Hanley was granted permission
20 locate and operate steam boiler on
George r. A. Beane. oliver Jentzel. VIII
liam K. Arbuckle, w. III. T. Beagly and
George +. Paddock were appointed weigh
ers OF coal and other merchandise.
y II
move buildings.
Various reports were received
The petition OF Gustaf Olden ct al for
sewer IN Plenty street was referred 10
the committee on sewers.
The petition OF John G. Dunn for cleo
trio lights at Hopkins park. Committee
on lights.
CoNCU RRENT BUSINESS.
resolution authorizing an extra appro-
priation for sewers was passed In con-
currence.
Joint resolution authorizing the pur-
chase OF four new fire engines and appro-
priating $1,000 therefore was passed in
concurrence.
An ordinance in amendment OF chapter
IS Of ordinances. entitled salaries, was
passed In concurrence.
Joint resolution defining certain
streets was passed In concurrence.
joint resolution requesting the board
OF aldermen to lay out certain streets was
passed In concurrence.
Resolutions to remit certain taxes were
passed In oonsurrence.
resolution TO pay Amanda T.. Young
$3.50 for injuries sustained on a public
street was passed In concurrence.
Joint resolutions for alterations and en-
largement OF Technical high school was
passed In concurrence.
The petition Of F. T. E Osborne for
barn permit was laid on the table.
ON COMFORT STATIONS.
Alderman Presbrey moved that the com
structed TO report to the board at an
early date. The motion prevailed.
The petition OF May II. Woodward for
the construction OF a sewer was referred
20 the COMMITTEES on sewers.
The Joint resolution for the widening OF
South Main and Crawford streets was
passed in concurrence.
TO HEALTH COMMITTEE.
The petition OF the Shepard company
Calendar. McAuslan e Troup. B. H.
Gladding,. F. +. Ballou and Samuels
brothers for action with view to the ex-
termination Of rats was referred to the
committee on public health.
A resolution directing the city solicitor
20 apply TO the legislature for authority
for the mayor 20 appoint police commits
sioners with the concurrence OF the COM
mon council was passed i'm concurrence.
A Joint resolution directing the city
solicitor TO appear before the general as
sembly and advocate the passage OF the
pending bill for the licensing OF milk
callers was passed IN concurrence
At 1852 o'clock. on motion OF Alderman
Budons. the board adjourned until Thurs
day. Feb. rs. at o'clock