Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-01-12
LIVELY COUNCIL SESSION
Shit against Mr.. C. G. SMITH
Was Compromised.
Mr.. SCHlLL THEN RESIGNED
Movement Toward Wider Charter
Started by Mr.. Rentch-The
Other Business.

One of the Iveliest and most i'm
portant council meetings held here for
many months was the regular session
of that august body on Thursday
night, with Mayor Harrison IN the
chair and present the following mem
bers: Rentch, Schill, Poole, Thomp-
son, Cushwa, Mcdowell Lemen and
Little. The absentees were Zill, who
is in Ohio, and Stewart, who is on the
sick list
The proceedings were enlivened by
the resignation of Mr. Schill, represent,
alive from the Fifth ward, who quit
the council chamber abruptly upon the
defeat of one Of his pet measures, and
by the movement toward a greater
Martinsburg in the appointment of a
committee of one member from eacn
ward, and the city attorney, Mr. Lem
en-. to consider an amendment to the
city charter which would authorize the
incorporation of all that populous sec
ton south and west of the city.
Under the new order of business the
bills. and the unfinished business from
the previous meeting, were given
preference Several bills, which the
councilmen failed to understand, were
held up pending investigation, and the
council then plunged into the really
important business of the session.
The matter of the condemnation of
the land of Henry Janney, at the cor
ner of Raleigh and Stephen streets,
which is required for the widening of
Stephen street, was placed in the
hands of City Attorney Lemen, who
was instructed to Immediately pro
coed to institute suit in the circuit
court. Mr. Janney has refused to treat
with the council, and the strip OF land
required must necessarily be acquired
by condemnation proceedings The
suit will come before the court at
the January term.
The erroneous assessments against
nj. S. Burdette, NJ l. Yeakley. John
Burger. United States Express Co.
and c. A. Miller. amounting To about
1000. were corrected, and these par
ties ordered relieved
Trees Will Remain.
A communication from County Clerk
Bender, setting forth the fact Jhat the
question Of the removal of the trees
in front of the court house had been
referred by the county court no States
Attorney Noll was received, and
brought up the question as 10 whether
the council could not compel the
court to remove the trees Attorney
Lemen advised against a suit, saying
that the decisions OF the court held
that the removal of trees could only
be enforced when they constituted an
obstruction in the sidewalk or street,
and as the sidewalk in front Of the
court house is % feet wide, they
could hardly be termed an obstruction.
The trees will remain.
The special committee appointed to
investigate conditions in the alley in
the rear of Little's bowling and pool
room reported that all future trouble
could probably be avoided by Mi Lit
tie taking action to prevent further an
noyance The committee also recon-
mended that in the future no license
be granted to places of public amuse-
ment unless public accommodations
were provided The report was adopt
ed.
Samuel Stanley was granted uermis-
sion to open a shooting gallery in q
room on thewest side OF Queen
street, between Burke and Martin, pro
iyding he secure the consent of the
majority of the immediate neighbors.
Smith Suit Compromised.
At this point the proceedings became
decidedly animated and interesting, as
the proposition OF Nh c. G. Smith to
compromise the quarrel between him
and the council over the question Of
the wall on the John street side OF his
property being foot beyond the line
was borught up. As will be remember
ed, the city attorney was instructed
some time ago to institute suit in the
circuit court 10 compel Mr. Smith to
tear out this wall and remove i back
a foot from its present position Mem,
bers OF the street committee, led by
! Mr.. SchiIL have been making efforts to
\pmpel Mr. Smith to remove the wall
the past two years but as there
70 be some question whether
b is really over the line that
y refused to comply with the
rorder ~ the couuc.mcn Finally Mr.
Smith agreed TO compromise the mat
ter bv paving all costs and attorneys
fees il the council would allow The wall
go remain i'm it's rvpSpnt pn-ffoD Soy