Daily press. [volume] (Newport News, Va.) 1896-current, 1909-10-26
TAKES AN APPEAL TO
THE CORPORATION COURT
stay of Judgment for Fifteen Days is
Granted and the OFFICER VIII Con-
tinue to Serve Pending Disposition
Of Case by Judge sarham-The
Opinion.

Finding City Engineer i. f. pearae
guilty of misconduct in Office ana
neglect CT duty for ordering reduc-
lion of from four inches 10 two lnches
in the depth OF the sand base under
the y.trifed brick paving recently lald
mere by Contractor J. w. Davis,
Mayor Marquis Jones. in a decision
handed down yesterday morning, or
dered the engineer removed from Or
flee.
Mayor jones announced his decis-
ion In his office at the city hall IN
the PRESENCE of City Engineer Pearae'
his counsel, Attorney o. ID. Batche-
lor, and several OF the city officials.
Immediately after the mayors an
nouncement. Attorney Bachelor ask
ed for a stay of Judgment for fifteen
days until he can prepare an appeal
to the Corporation Court. a privilege
gwen him by the Virginia constitu-
lion. The mayor granted the request
and City Engineer Pearse will con-
tinue to held Office until the case is
decided by Judge Barham.
Case Heard Three Weeks Ago.
The investigation into the acts OF
the city engineer in ordering a change
I'm the paving specifications without
/ first consulting the city council was
held by Mayor Jones nearly three
weeks ago. Two days were con-
snmed in hearing the evidence and
The taking OF expert testimony. All
of this evidence and expert testimony
will be heard again by Judge Bar
ham before the case finally is decided.
Mayor Jones decision caused sur
prise In some quarters yesterday
morning and came as a severe blow
to the city engineer and his friends.
However. they have not given up
hope in the case. The mayors de-
cision in full is &c follows:
The Mayors Decision
THE COUNCIL OF THE CITY OF
NEWPORT NEWS
VS..
1T. E. PEARSE. CITY ENGINEER.
~The council, by its resolution, has
brought a charge against the city en-
gineer. alleging violation OF the con-
tract In reducing the sand base. under
the brick. pavement. with a request
that ] examine into the acts OF the
city engineer. and the other matters
contained In the said resolution This
Ia 4 very grave charge. brought by
the power which appointed the city
engineer to his once. and which is the
legislative department of the city gov
eminent, The law, under which the
city engineer can be tried by me, is to
be found in section 800 OF article OF
the Constitution of the State and the
act OF the general assembly passed in
pursuance thereof. V. c. 1904. section
1888.
~On the 2Ist day OF December. 1903.
the City OF Newport News and one J.
w. Davis, entered into a contract.
whereby il was agreed that for the
consideration therein set out. the said
j W. Davis was to pave. with vitrifec
brick, the streets named In the said
contract. The cath clause of that con-
tract provides as foliows.-'Upon the
sub grade, above specified in clause Z,
there will be laid four inch base OF
clean sharp sand which shall be
brought to pareIiel crown with the
finished surface OF the street by the
use of proper templates.
This matter was brought to the
notice Of the council by a member OF
the common council
a resolution was passed by the
council. instructing the committee on
highways and sewers to examine into
the matter and report to the council
That report is before me. and from
| IL. IL appears that the depth OF the