Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-11-17
MINER SEEKS PERMIT
Would Erect Large Building on
Elliot Street
Possible Competition In Moving Picture
BusIness-Excluslve License Suggested
for Empire Theatre.

for Empire Theatre.
Signs of expected competition In
the moving picture business in Brattle-
boro were apparent in an interesting
hearing before the village bailiffs In
Chase e. Daley's law office Monday night,
when a petition by Charles Miner was
presented asking permission to erect a
building on Elliot street, in the rear OF
the old Baptist church building. Just
what Mr.. Miner purposes to use the
building for did not appear, but 1t has
been understood that he ~contemplates
putting in a moving picture show. Later
in the evening a petition was presented
asking for a license for the Empire
theatre to operate moving pictures, and
a desire for an exclusive franchise was
limited at. Mr.. Miner already has begun
digging a cellar, and If his petition is
granted he probably will tear down the
ell of the old church building, which he
owns. Mr.. Miner was represented by c.
S. Chase as counsel, and Gibson e. Wat
erman appeared for persons opposed to
the plan. Only once since a law was
enacted in 1904 by the state legislature
giving the bailifs the power to regulate
the construction of buildings had a hear
ing been held under that statute and
that was five years ago, when l.. f.
Adams and C. r. Crosby submitted plans
for the American building. There was
opposition to the proposed building at
s'oN NAA'St VI 6taiiis SIOSDy SloWGo
plans and specifications drawn to COM
ply with the Massachusetts building
laws and permission was granted.
The hearing Monday evening was con-
tinued from Friday evening as Mr..
Chase was unable to appear Friday and
Mr.. Miner was not present because he
could not locate the meeting place Of the
bailirs. He explained Monday night by
saying that he first went to Mayor
Barber's office, but nobody was there.
and then he went to the town hall, being
told that the bailiffs sometimes met
there. The only persons he found were
the Brattleboro Athletics playing bas-
ketball and he then gave up the search
for the village fathers. They met in the
rooms of the Vermont National bank,
where w. II. Perry, clerk of the village,
Is employed at night and where the viii
lage records are kept.
Mr.. Miners petition, as read by the
clerk Monday night, asked permission to
erect a building between the old Baptist
church building at the junction of Green
and Elliot streets on the west and DIR.
II. l.. Waterman's residence on the east,
to be so or SO feet long and 40 or A feet
wide, to provide stores, public halls or
tenements or be used for all of those
purposes. 1t would be built upon a solid
cement foundation and over q good cellar
of proper depth; the walls OF the cellar
to be made solid and permanent and the
oAAoih6 ~ DS pblit - WoOdt
with asbestos sheathing, similar to Cros-
by & Co.'S grain elevator. In the
petition Mr.. Miner promises to build one
story this fall and asks permission to
add three stories later, although he may
wish to add but two. He promises to
erect the building in the most modern
way and to equip it with the most APP
proved patterns of fire escapes. In adj
dition the petition states that the style
and decorations of the building will
make it as handsome a structure as
there is in the village.
After the petition was read Chairman
H.. G. Barber explained hat after the
passage of the act by the legislature in
1904 the bailiffs passed a bylaw in which
it Is stipulated that nc house, barn, shed
or other structure can be built without
first obtaining the permission of the
bailiffs and that no alterations can be
made in any house, barn. shed or other
building without their consent. The by
law also requires that written specif-
cations and plans be presented with the
application. This law has been on the
records of the village since April 4, 1904,
but it has been practically a dead letter
since that time. Mr.. Chase said he had
not understood the law and therefore
was not ready to present detailed plans
and specifications.
Then followed a lengthy exchange Of
pleasantries between the attorneys rep
~ aiHa NhS oPPO
sition. Attorney E. j. Waterman want
ed to know why Mr.. Miner had begun to
dig the cellar before he knew that per-
mission would be granted. Mr.. Chase
said that it was late in the fall and no
permission was required before digging
a cellar. Mayor Barber said the
board did not wish to dictate, but sug-
gested that the petitioner prepare writ
ten specifications and file them with the
board. Mr.. Waterman said the bylaw
required written specifications, and he
quoted it. At this point Mr.. Chase wanted
to know just who Gibson & Waterman
represented and Mr.. Waterman replied,
Or. II. L.. Waterman and other citizens
of the village of Brattleboro." Attorney
e. w. Gibson wanted Mr.. Miner to prom
Use to stop work on the cellar until per-
mission was granted to build. Mr.. Miner
explained that he was selling the dirt
and that the purchaser would not take 1t
If 1t was frozen too hard. In reply to a
question Mr.. Miner said a member Of
Sedgwick post had approached him and
it was probable that the post would hire
one of the halls in the proposed building
AS 1t will take a week to 10 days to
prepare detailed plans and specifications
the hearing was continued until Mr..
Miner is able to present them, At the
close of the hearing Mr.. Waterman pre-
scented a petition addressed to the ball
ifs and board of selectmen and signed
by more than 100 citizens asking that in
compliance with an act Of the legislature
Of 1910 the Empire theatre be granted a
license to operate a moving picture
show. The latter part Of the petition is
to the effect that the signers do not
think that the needs Of the town require
that more than one license be granted to
a moving picture show, No action was
taken upon this petition.
Now that the bylaws requiring per-
mission to build various sorts Of struc-
lures has come to the light once more
Mayor Barber says that the present
administration will see that 1t Is
enforced. Brattleboro is growing and
within the past few years the need Of
such enforcement has been felt, but I'M
til this week nothing had been done
toward 1t. 1t Is not improbable that at
the next village meeting an article will
be incorporated in the warrant asking
that an inspector OF buildings be elected.