The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-01
WATER ORDINANCES
!. LEGALLY ADOPTED
City Attorney Pollard Again Re
verses Opinion of Mr..
Hirschberg.
SEEKING MORE AMMUNITION
Administrative Board Asks Re
port OH Amount of Water
Sold TO Nonresidcnts.
SEEKING MORE AMMUNITION

A second effort on tile part OF mem
4 tss<e OF the Administrative Board to
{ nullify two ordinances OF the City
3 Council. granting the use of city water
to non-resldents. met with an adverse
ruling from City Attorney Pollard yes
terday. Not satisfied with the former
written opinion OF the City Attorney
Ito tho effect that the ordinances
granting waterrights to the Laburnuni
& tract and to the Southside Water and
Sewerage Corporations were valid, and
that the City Council had the full right
i to enter into such agreements for the
sale of surplus water. Mr.. Hirschbcrg
raised the point that the ordinances
to which the Administrative Board OBJ
jects were illegally passed.
me ordinances in question origi-
mated in the Committee on Public
Buildings. Properties and Utilities and
were by that committee unanimously
recommended for adoption. and were
adopted by both branches of the Coun-
Gil without dissent, and signed by the
Mayor on April IL. Mr. Hirschberg
held that they should have been offer
committee The failure of the Council
TO refer the papers to some committee,
I Mr.. Hirschberg held invalidated them.
MIR. POIlnrd's Opinion.
City Attorney Pollard does not sus-
tain the contention. but in a second
written opinion delivered to Mr.
Hirschberg yesterday again holds the
ordinances valid. as follows:
II am of the opinion that the fact
that the ordinance granting the use
of city water to the Laburnun tract
and to the Southside Water and Sewer
age Company originated in the Com
Hittee on Public Buildings, Properties
and Utilities, and were by said com
nittoe in Its report brought first be-
fore the Board OF Aldermen does not
re 1anr fl.a ia
reason of the supposed irregularity of
the procedure. / apprehepd that the
question which you PROFOUND grows out
of the fact that rule 81 was violated
In the manner In which the two or
dtnances were dealt with leading up TO
their enactment. That rule provides
as follows: All ordinances. resolutions,
petitions and remonstrances shall be
presented To the Council upon the call
of the body, and every such paper
shall be indorscd with the name of
the member presenting ii and the sub
Ject matter. and 1T shall not be regarded
as before the body for it's action there
on until IL has been read at least once
by title or otherwise; any such paper
so presented and read shall be referred
by the chair to the appropriate com
mittce;
BY Unanimous Consent.
1t is undoubtedly true that If. when
the ordinances were reported by the
clerk of the Board OF Aldermen from
the committee. the point OF order had
been raised that rule 81 was being vio-
lated, II would have been the duty OF
the presiding officer to have referred
the ordinance az prescribed by the rule,
but In the absence of the point of order
being made and the action OF the Coun-
ell passing it without such reference,
it must be presumed that by unani-
nous consent. the Council proceeded
with the consideration of the ordl-
nances and thus constructively sus-
pended the rule, as it had right to
do by the required vote"
Mr.. Pollard's opinion Is supported by
Hseveral references to works on par
@aliamentary procedure. Such rules. AIR.
Pollard explained, were intended to
Facilitate and make regular the dis
: Patch OF businessmen to complicate
80 1t would be an absurd delay to
- lsist on n technical reference to
- ommittee of a paper which the com
- ilttee has already considered fully and
yeported for adoption.
38 No Contract Executed.
For more than an hour yesterday
Mining the Administrative Board de-
&2ied the Laburnun water matter, talk
slno action whatever. The only point
#sught out was that no formal con-
eR had been executed between the
H. ~ hnd the owners of tho Laburnum
4ct$ Judge Daniel Grinnan, counsel
the Bryan estate, said that that
tts' would be arranged with City
f#3 orney Pollard. The board Is Of
ded that 1t was not consulted by the
nell before the ordinances were
lpted, and Superintendent Davis has
t4h instructed not to do anything to-
approving construction or turn
81 ~ pm the water without direct au-
from the Administrative
Engineer It. Crawford Redd
aid off the Laburnum tract, ex-
5[8l to the board the plan he had
lg13I I'D for water service with the
~ mains, including n ten-inch
s the Hermitage Road TO the
80 ~ ,3|s18 connection. He thought the
lid later find 1T necessary to
38E the present siX-inch main at
- 8t and replace it with N
163s5 AS to the controversy over
- UNIVERSAL pipe as against
= - and spigot' joint pipe used
,f{{ y, Jonathan Bryan told the
l.II<, &C. If 1t would specify the kind
= = Il desired used, he would see
80 used. City Engineer Boil
Tas drawn into the debate,
Il ~ troubles enough without
- - to approve profiles of pipe