The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-14
lBarricades, However, Are Al
ready in
Place.
QUESTION OF UBLIc POLICY
lChancery Court to Pass on Legal
Rights of City
Council.

Although the alley has already beer
barricaded and closed to traffic In pur-
suance OF city ordinance passed over
the Mayors veto. Judge Daniel Grin
nan yesterday IN the Chancery Court
granted q temporary Injunction to n
w. Bowe, Ann G. Crenshaw. Ellie.yW
| ting property owners, against Eliza.
beth S. Scott, Fred w. Scott, Z. 4. D
Myers, Jr. and the city OF Richmond
Restraining them from closing the
Scott alley between Shafer and Harri-
4 son Streets and Franklin and PARK
Avenue. The case will be heard on Its
merits on the first Monday in October
Judge Grinnan Will decide thon whe-
Their the Injunction shall be made per.
nlanent.
The Council passed the ordinance
over Mayor Richardson's veto several
days ago. The next morning the alley
was barricaded and traffic stopped.
the Mayor gave as his reasons for
Idisapproving the measure that the
streets and alleys are public easements
for all the people. and that the Council
has no right to close them except for
the public good. His honor explained
that the closing OF the Scott alley
| MAS lO1 Tile Va 1l0
not for the good OF the public. The
City Attorney took different view,
and rendered an opinion in which ho
took the position that the Council
could authorize the closing of the al-i
ley for the period Of thirty years.
Contrary to Public Policy.
It is alleged In the declaration fled
by the petitioners that the action OF
the Council In closing the alley is an
"unwarranted attempt to give exciu-8
sive use Of the public property to
Elizabeth s. Scott, Fred w. Scott and
e. T. D. Myers. Jr., for the thirty years
without consideration. 10 the CITY and
pie!uoicial to the rights OF the com
p p,alrt N. w. Bowe, Ann G. cren.
SHAW Ellie w. Putney and Channina
~. Bolton. Also. that it Is ..contrarvs
70 public policy and that the ordi.
nance Is Invalid" In that the Conncils
mad mad no right to pass 1t. The com.
pants further aver that 1t IA an 81.
tempt M to take from them their rights
me aputttng property owners pro.
.ested vigorously when the s.petitIon
asking the Council to close tho alIev
.or the benefit OF Messrs. Scott and
Myers s nrst came up. It was commended
:! me alley had been used as a pub.
-. ~ W HAaIe LOT many yeats, and |
s,a y was against public policy" to
.iose It. Messrs. Scott and Myers
nave built handsome dwellings facinu
on Franklin Street and abuttinpi stbs
scott alley, and they desire to ston
traffic through this alley, which. Ia
the ne case OF Mr.. Scott, passes between
his house and his stable.
Saw Judge at Orange.
Attorneys David Meade White and
Richard e. Byrd represent the petit
toner's Attorney White went to Or
ange county and appeared before
Judge Grinnan and secured the tenn
oorary Injunction. The Chanccry
court Is now in vacation. The order
8 returnable on October 2, when the
question will be determined.
II Judge Grinnan rules that the 4
Council has no right to close an alley
II street unless for the public good, +
n important legal point Will be set
led. although 1t Is qui q possible that 4
ne case might go to the supreme
curt OF Appeals.
notwithstanding the fact that the
ley Is barricaded and closed to traf.
2, no further effort will be made to
ear up the paving or do any other
cts that will result in the permanent
'1N'.AAso "a
nderstood that Mr. Scott desires to
emove the paving and plough up the
ley, making the centre OF the block
rlvate GROUNDS.
Several Preeedents. +;
a test Of the whole matter In the
'urts may result I'M some Interesting L.
,velopments. There are several pre- I6s
.dents where alleys have been closed m
authority of the Council, an In t
ance last week being where the pro- 81
'sed Benedictine College has pur.s
lased an entire block in the West
nd and proposes to locate It's build-a y
IS In the centre. The city llns nu- a
lorlzed the closing OF an alley latds IS
It through the block. Another III
ance was the permission givenEthe Co =
IN Company some years ago TO build I.
annex, closing part OF an alley4|sE
tween Grace and Broad Streets Ac-
riding to the view Of the Mayor, az
essed In an annual message, the&city8 W
ID no legal right to grant to the
and Henrlco Railway ST the
ght to close Marshall Street to traf-
y between Twenty first ana twenty
cond Streets, the point where M he8
lurch Hill abbutment8 of tho INV I
lduct Is located.
MI. ScottSwAs represented by COW
| before the Street Committee, AMI
Interesting legal battle may be en-
cted.
t4IBERNIANS MEET HERE
4