The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-04
.RAGLAND is AFTER
BOARD OF SAFETY
Delays Mandailus Proceedings
So as to Include Mayor,
Bolton and Shaw.

Instead OF withdrawing the appli-
cation for a writ OF mandamus to COM
rell Building Inspector Beck to issue
a permit to John T. Ragland to erect
several stores at Fifth and Grace
Streets. Messrs. Nelson & Nelson. coun-
SO, for the complainant. yesterday had
the hearing deferred until Tuesday,
when q stronger card will be played.
In the afternoon notice was served on
Mayor Mccarthy. Assistant City Engi-
neer Bolton and Fire Chief Shaw. mem
bers of the Board OF Pubic Safety,
that they would be included in the
mandamus proceedings.
Property owners on Grace Street
Were much elated last night over a re-
port in an afternoon paper TO the ef-
feet that Mr.. Ragland had surrendered
evidently for the reason that he had no
fighting ground to stand upon. This
statement WAS characterized by his
lawyers as unfounded and ridiculous.
as the subsequent events OF the day
went to show
Papers Served on Them.
1t had been expected all along that
the hearing would not take place yes
terday. and Judge Grinnan, of the
Chancery Court. was SO informed by
telephone before leaving his residence
He was in his Office al / Q o'clock. how
ever. to consider the matter. if pre-
scented.
He agreed to hear the LAWYERS on
January eth, Mr.. Roscoe Nelson stat
| Ing that he was not ready to go on, as
he desired to include other parties in
the suit.
Accordingly. deputy sheriff served
papers on members of the board there
by creating some excitement In the
City Hall.
a part OF the record to be submitted
by Mr.. Highlands lawyers is the
opinion BY City Attorney Pollard, given
at the request OF Mayor Mccarthy, to
the effect that Inspector Beck has no
authority to deny permits for the erec-
ton OF stores in the residential section
II the proposed buildings are found to
be safe, otherwise suitable and prop
erly constructed. 1t was upon this opin-
lon that the board was prepared last
Monday to reverse Inspector Beck. On
the trustee question, however. the ap-
peal was not sustained. In spite of all
statements to the contrary the board
has never sustained Mr.. Beck on the
policy OF his department..
What City Attorney Holds.
City Attorney Pollard gave the fol-
lowing opinion to the Mayor at the
latter's request. as his letter indicates:
OHcG OF Attorney,
Richmond, Va, Dec. 30, 1907.
Hon. Carlton Mccarthy, ex-onicio
Chairman Board Of Public Safe
ty, Itlchmond, Vn.,
Dear Slr,-I nm In receipt of your
communication OF this date, in
which you Inform me that the
NuildinE Inspector has refused a
permit to certain parties for the
erection OF certain stores ON Grace
Street, to be located IN place
which has heretofore been devoted
to- residential uses, and that an
appeal has been taken to the Board
of Public Safety, ana making the
following Inquiry of me, Indicating
In IL personnl interview TINT you
prefer that give, If practicable,
categorical answer,
s'FOr the information and Euid-
ance of the board, would be
obliged II you would give us mt
once your opinion In the shape of
an answer to the following ques-
ton II
"If the proposed buildings nrc
found to be safe ana otherwise
suitable, properly constructed. and
in conformity with the present or
dlnnncea of the city of Richmond,
bns the board amy right whatever,
under the law, to object to or pre-
vent the erection of the said build-
ingx because they IRE intended for
businesk purpOsex ana uses In the
| neiEl,bOrhoOd of residences and mt
/ place heretofore devoted to rcsiden-
tial purpOscs:"
| The question YOU thus submit Is
answered. In the negative.
| Very respect fully,
II. II. POLLARD,
City Attorney.