The morning journal-courier., 1908-12-02

NNf'hNlNN'hN llbill " IT Hl [ RbNtJ
 ----.-----.. account of which number of orders referred to him were held up. This is that the board of aldermen cannot order a building line before one par tlcular piece of property. The corr poration counsel on this matter holds that such action is Illegal and that it is the duty of every city official be- fore whom such proceeding comes to prevent as far as possible the carry Ing out of such an order Thus in this main contention the director is borne ont by tho opinion which has been handed in to the mayor by Mir. Rogers
 The text of the opinion on the lat~ ter question and the resume of the opinion given yesterday follows;
 The board of aldermen In establish nS building lines acts under the dele gated power of the state, and therefore, any ordinance or vote Of the board o, aldermen directing the establishment of the building line by any other de- partmcnt, or any attempted exercise or the power by any other department would be void, Municipal powers can only be exercised by such agents or officers as the charter has pointed out and prescribed Now, while the char ter distinctly provides that the board of aldermen shall establish the building lines, there Is no doubt, In my opinion but that if the board of aldermen di- rect that building line bc established In given locality without any further attempt to designate or locate it. lt is competent for the department of pub | lie works acting through It's bureau of engineering to designate and locate It. The provisions of sections 7S-Sl of the charter clearly contemplate such a course; otherwise the hearing before the department of public works through It's bureau of engineering, would be useless and the provisions directing such hearing and survey would he meaningless.
 But if the board of aldermen specify the particular designation or location of the building lines in tho first n- stance, l am bound to say that, iu my opinion, the director of public works cannot set t aside, but is bound to fol- low 1t, and tho survey or location made hy the department of public works through its bureau of engineering must comply with the vote of the board or aldermen
 l therefore advise you: L That the city has the power an authority to dis, continue or to change building lines al- ready established
 9 That legal establishment of q new building line would be legal discoontinulncc of the old building line without any direct action for that pur, pose
 S That the proper mode of procedure in such cases would be strict com pliancc with the charter provisions in sections 7s-Sl. including notice to the owners GOT mortgages of abuttnS property q survey and payout by the director of public works, an assessment of benefits or damages and provls- ! ion for compensation either by pay ment or securing it
 4 That the board of aldermen has the right to specify the location o' building lines before referring the mat ter to the department of public works
 5, That if the board of aldermen does not locate or designate the building line in the first instance, it is competent for the director of public works through it's bureau of engineering tc make the location and designation ir the survey and layout required by the charter
 6 may l think. in conclusion yen. turc the additional suggestion that when the general assembly delegated to the board of aldermen the power tc establish building lines, it was on tho theory that the building lne would pt a taking of private property for pub lie use, and, manifestly, il contemplated a uniform line for an entire district and not for one particular tract Q land whereby the owner of that trac would secure an advantage over th, public or a nelghboring owner Ipdeed the establishment of tn, building line under such circumstance on one tract of land could not be iusti fled either as valid police regulation or as a taking of private property fo public use, and would in fact lt many cases he a taking of public prop crty for private use, and. therefore, il legal. In such cases in my opinion, i Is the duty of every city official befor' whom such a proceeding comes to pre- , ,s,nt O., rar a n,n,, loOn11N lao I,no