Daily Kennebec journal., 1908-12-22

To the Honorable Mayor and City
Council:
In compliance with your order re
questing my opinion as to whether tn,
city council of Augusta has power II
the interest of public health and com
fort to regulate the blowing of locomo
tive whistles in the night time in the
thickly settled portion of the city ant
to prohibit the use of soft coal by shift
ing engines within the city, beg
leave to report as follows: 49,.
To. regulate the blowing of, steam
whistles or the use of soft coal woulG
be an exercise of legislative power
| The legislative powers of municipal-
tiles in this State are e<limited to such
as are conferred by statute in express
terms or by necessary implication.
I find no express statutory authority
for the regulation of these matters by
| municipalities, and I doubt whether it
is implied in the language of Clause
IL of Section 80 of Chapter of the Re-
vised Statutes which provides that
cities and towns may make bylaws for
"preserVat' :, of good order This
doubt is ST g { cd by the fact that
by Chapter 524 of the Private and Spe-
cial Law: of 1874 the Legislature ac-
tually & lferred on the city Of Port
land cypress authority to regulate or
prohibit the blowing of steam whistles
in Portland, which rises a strong impli-
GATOR that the general statutes do not
give this power.
The city of Portland has adopted a.
very reasonable ordinance on the sub
ject.
AS the consequences to the officers
who attempt to enforce an illegal or
dinance are serious, would advise the
city of Augusta not to enact any ordi-
nance for the regulation of these two
m alters without first obtaining express
legislative sanction therefor, and
would suggest that our two representa-
tives be instructed to introduce a bill
for that purpose early in the coming
session of the Legislature.
I would suggest also that legislation
be asked to confer more extensive
power on the city of Augusta for the
regulation of billboards.
Very respectfully submitted,
A. NJ. GODDARD.
City Solicitor.
The city of Portland has the follow
ing ordinance:
"Sec. 2.--If any person shall, within
the city limits, use any steam whistles.
the person SO using the same and also
the owner Of such steam whistle, shall
severally forfeit and pay a penalty Of
$50 every time such whistle shall be
used in violation Of the provision of the
ordinance.
''Sec. 3.-This ordinance shall not ap-
ply to the use of whistles of locomo-
tives when absolutely necessary to call
for brake to be applied to prevent col
lsion or damage, or to the use of whis-
ties on stationary engines, for the pur-
pose of notifying employees when the
works start up or shut down, or the
use of steam fire engine whistles in
time of fire."
In the board of municipal officers
permission was granted the New Eng
land Tel. e. Tel. Co. to erect and MAIN
tain poles and wires on Oxford street
between Franklin and Monroe streets
to the residence of James o. King three
poles; also permission to same COM
pany to lay and maintain underground
conduits and manholes. with the wires
and cables to be placed therein, under
the surface of the following streets:
Commercial, from Oak to Bridge;
Bridge. from Commercial casterly 250
feet. Nc one appeared in opposition to
either Of the petitions.
Bills for burial expenses of James
Mcclure and George Dunham We're re-
ferred back to the committee on PEN
sionr.
toI hot rcs
which have not been paid be revoked
and the following licenses were ordered
revoked forthwith: Hollis Shaw Of Bel
grade, auctioneer; Henry p. Morrill,,
bowling alley. f,.,
A license was granted Fred J. Ed
wards to run the boiler in connection
with the steam heating plant at the
Augusta House; also to u. G. Merrill
to run the steam heating plant at the
Free Baptist church.
In the board of mayor and alder
men an order was passed for a series
light on the east end of Cumberland
street also an order for a series light
in front of the Circle building on
Northern avenue, both having been
previously reported upon favorably by
the joint standing committee on street
lights. The committee also reported IA
vorably upon a petition for light on
Page street at the corner Of Capitol
street and an order for the same was
passed. ..
An order came UP from the common
council and was passed in concurrence
authorizing and directing the cityl
clerk to catalogue the records of vital +
statistics and Of the board Of aldermen /
for the year 1908, at a cost not to ex-
ceed $50. @
The excitement of the meeting came
in Joint convention when the matter of
cab drivers licenses came up and the
entire list was referred to committed
appointed by the mayor The list in