The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-25
.|N|I||||AY0RINO'[ READY
[0]IS'.I|G|'||.NN |
Wants Opinion From City At
t'orfley as to Obstruct
ing Streets.
BARBER "A II L z ne MEASURE ONE.
Sidewalk Encroacllment Dues
ton Rather Tangled
in Law.

u 4
written opinion from City Attorney
Pollard as to the right OF the city to
permit distractions in the streets
Until advised by the City Attorney
he will AXE no action on two pend
ing ordinances, one OF which relates
TO a. barber pole sign While the
other permits an encroachment on the
sidewalk in the form of stone steps
In former cases Of this sort the Mayor
has uniformly vetoed such measures
only to have them passed over his
veto by the Council. lie has no wish
to make an issue. he says. but In his
reading OF certain opinions OF the
Virginia Supreme Court, to which he
has called the attention of the City
Attorney, such permission Is clearly
beyond the province Of the City Coun-
Gil
In the view laid down by the SUI
preme Court the streets and roads
are public property, for the use and
benefit Of all the people. and, while
the Council may by executive action
close. a street outright and stop Its
use as public thoroughfare, IT has
no right, in the view of the Mayor,
to grant an exclusive concession to
one person to occupy that street to
The detriment and danger of all other
citizens.
Class Legislation.
To grant showcase permits and per.
mission for projecting steps in GER
tain cases, and refuse them in others
the Mayor says. is clearly class legis-
lation, while the streets we're cleared
of all distractions back to the prop,
erty line, all merchants would share
q bp a n
!ence having the right to project fur
therf than those without.
Thu Mayor says that it is not his
idea Mat there should be any whole
sale crusade against existing obstruc-
lions, but that no further permits
should be granted, especially If. as he
holds, the granting OF such permits
Is clearly beyond the authority of the
Council, and that hereafter each case
of projecting steps and show cases
should be taken up on It's merits and
the streets cleared without hardship to
any one. City Attorney Pollard will
render an opinion on the mat
ter In the next day or two, as soon as
he cen consult certain authorities.
Case Of First National.
The whole question of allowing such
Committee in the case of the First Ma
Main Street, the stone portico and
steps OF which project far into the true
line of Main Street. In 1900 the Com
mittee on Streets made an effort 10
clear the line of Main Street, the City
Attorney proceeding against the bank,
the Commercial Hotel and others, who
maintained steps or other instructions
In report rendered the committee on
September II. 1900. Mr.. Pollard reports
that In the case of the bank the best
he had been able to secure was the
removal by the bank Of the steps ap-
preaching the portico. provided the
city would consent to establish the
line Of the portico as the true line OF
the street in front ofsthis property.
The bank claimed the right under
section % of the city charter to con-
tinue In possession of the occupancy
of the encroachment, on the ground
that it had been so occupied for more
than twenty years. The City Attorney
says This position seems impregna-
bic. and the city will not be able, in
my opinion, to successfully sue for
the recovery Of the encroachment un-s
til the hank building shall be rebuilt
or DESTROYED or removed, or until the
front Of the building shall be removed
or rebuilt.
At such a time in my jud gment the
city could successfully recover against
the bank and reclaim the encroach-
ment" i'll
May Now ClearS Street.
The city refused to establish the
portico line as the true line of Main
Street. and for ten years the bank has
enjoyed uninterrupted use OF part OF
the sidewalk. Recently an accident
caused by excavation next door caus-s
ed the falling Of q wall and q part of
the portico in question. Building In
spector Beck, sustained by the City
Attorney, refused to give q permit for
repairs until the bank would agree to.
move back to the property line. Find
Ing that this would ecessitate q com
plete change In the architectural ap-s
pearance OF the building, the bank at
the last meeting OF the Board of al DIR
men presented petition, Whtc h IVA g
referred, asking that It be granted
permission to continue ! Is encroach-
ment. The Street Committee and the
Council will have to determine whe-#
t : 1t is good public policy and JUS
ice to surrounding property owners to
allow the entertainments to continue.
and the opinion OF the City Attorney,
Tor which the Mayor has sked J, will
settle the question as to whett Their the
City Council has the eight to grant
any such permission In any case.
Members of the Council say that
they will be glad to- have the ues-
tlon determined, and that should II be
held that the Council has no such
power, 1t will proyefEa vast rel lei, & as
heretofore much pressure has been
brought by applicants on each succeed a
lng. Council for permission to make
various encroachments on the public
= 49, Mt sfn8N
private individuals the free use of
public property. a. at