The Bridgeport evening farmer., 1910-01-22


 1 in mind the city ordinance which re- quires the, owner or occupant of land or buildings to keep the sidewalk ad- 1 joining the same free from snow, ice or sleet. This is a matter. covered by section 376 of the ordinaces. where in it is also provided that if the Own- CT Or occupant does not remove the snow, ice or sleet within six hours af- l ter the same shall have accumulated, he shall be subject to a fine, and the snow, ice or sleet shall be removed by the city at his expense. It was the purppse of said resolution to ask the opinion of the city attorney as to the validity of this ordinance. The question as to the constitution alIty Of similar ordinance was pass ed upon by our Supreme Court some few years ago. The cease was that of State vs. McMahon, 76 Conn. 97, and the ordinance then under considera tion was one enacted by the City of Meriden. The provisions of the Meri- den charter authorizing the ordinance and the requirements of the ordinance itself were not materially different from those of the Bridgeport charter and ordinance. Under this Merden ordinance the occupant of a build- ing was arrested for failure to remove snow from the walk in front of the promises occupied by him and was fined for the offense. The case was carried to the Supreme Court. The constitutionality of the ordinance was attacked by the theory that the care of streets, including the sidewalks, is a public duty imposed by the General Assembly upon the city and that con- tributions by indidivuals for that pur pose through enforced labor or by payment of money, are a tax. It was contended therefore that the cOmpell- ing of the owner or occupant of land . Ci6 6nyxy 11y fn nNTa snow and ice on the walk in front Of his premises was a violation of the principle of uniformity and equality of taxation. Our Supreme Court decided otherwise and held that the ordinance in question belonged to a class of legislation which defines and enforceS the duties citizens owe to one another and to the State. The court held that the State can call upon every citizen to render unpaid service, which may be reasonable in view of the exigen- cies which require such service, and the wisdom and expediency of such action by the State are questions for the legislature.
 And in justification of such an or dinance the court said that in this climate it would be impossible for the municipality, in the attempted per formance of it's duties, in the matter of the care of streets, to adequately
 
 cold affecting the safety of the side walks, and that the owners or OccU- pants are practically the only one in a situation to render the aid neces- sary to secure the safety of the Side- walks; and that the rendition of this aid involves slight burden, insigni- ficant when compared with the bene- fits secured The court held that in requiring such service from the in- habitants of the city, the ordinance in question, which was enacted under legislative authority from the State, did not offend any provision in either the State or federal constitutions.
 I would therefore advise you that the ordinance concerning which you inquire is constitutional and capable of being enforced.
 Uponf motion the report was accepted and ordered placed on file.
 The City Auditor reported that the New York, New Haven 6 Hartford Railroad Company has, pursuant to it's agreement with this city, paid s22, 800 of the $30,000 agreed to be paid by said company, towards the cost Of Congress street bridge.
 This money is now in tke city treas ury and of course forms part of the cost of said bridge. as figured on by the Bridge Commission.
 To comply strictly with the letter of the law it is necessary that this money should be appropriated for the purpose, and the passage of the fol- lowing resolution is recommended:
 Resolved, That the sum of. $22, 300 paid by the New York. New Haven 6. Hartford Railroad Company to the City of Bridgeport, on account of Con- gress street bridge construction, be and hereby is appropriated for that purpose.
 Adopted by an unanimous yea vote.
 The City Auditor also reported that the Connecticut Company has paid to the city, for nlacadam work done by the Director of Public Works, for said company during the past season, the sum of $2,613.56 and the amount has been deposited with the City Treas urer.
 AS this money has been expended from the appropriation for "Macadam repairS", it is proper that it should be appropriated to that account. which is almost entirely exhausted and needs the money to carry on the work of the department until April 1st next.
 The passage of the following resolu- tion is therefore recommended:
 Resolved, That. the sum of $2,613. 56 paid to the city by the Connecticut Company for macadam work, be and hereby is appropriated for ''Macadam repairs
 Adpoted by unanimous yea vote.
 The PaVlng ana sewers COnfn1SSlQ1l reported that pursuant to your instruc- tion, sewers have been constructed on the following named streets, at the cost specified, to wit: In Connecticut Avenue, 720.26
 feet of 10x15 cement pipe. $1,291 F In Congress Street, from
 Housatonic Avenue easterly
 418.63 feet of brick and iron
 pipe, 6,931 90
 The passage of the following reso- lution is recommended:
 Resolved, That the foregoing report l be accepted and the matters herein be to the Board of Appraisal of Benefits and Damages for assessment.
 Report accepted and recommendation adopted.
 The quarterly report of the Board of Building Commissioners from October 1st 1909, to January 1st, 1910, was re- ceived as follows:
 Number Of meetings held,. B Number of permits granted, 131 Aggregate value of permits
 granted, $482, 2,557 % Cash received for permits
 granted, $5SO % Cash received for Master
 Plumbers Licenses. s1O co Total cash received, $590 %
 Accepted and placed on file.
 RESOLUTIONS.
 By Alderman D. D. O'Neill:
 Resolved, That permission be granted to H. E. Bradley to move frame barn