The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-12-10
SCOTT AND MYERS
WIN BIG VICTORY
Special Jury Refuses to Indict
Them for Doing What Coun-
Gil Said They Could Do.
ALLEY CLOSING NO NUISANCE
New Effort to Force Opening
Fails, While Other Case Is
Still Pending.

we, tho grand jury, upon evidence
heard, find that tho closing Of por
tlon OF the twenty foot alley between
FRANKLIN Street and Park Avenue and
Shafer and Harrison Streets, is not
u public nuisance"
Tho foregoing verdict, handed down
yesterday morning by special grand
jury in 'the Hastings Court, defeats an
action brought Ola November % by
citizens in the West Franklin Street
neighborhood. to secure the removal OF
certain Instructions erected by Fred
w. Scott and j.. T. -. Myers in the
alley that parallels Franklin Street
from Shafer To Harrison.
The complaint was registered by X
W: Bowe. :. c. Meredith. r. II. Airport,
Cln We'll. l.. 5. Bozc. Bruce Bowc. +. d.
Newell. d. G. Kennedy and w r.
GathriGht. The Iustings Court was
asked to conduct Il grand jury invcs-
tlgation into what they designated 4
pubic nuisance. TO the end that pro-
ceedinSs might he had in accordance
with Section 172ga OF the Code OF Vir-
GINA. 1904. for the abatement OF pub
lie or common nusanccs.
Long Contested Cnae.
Yesterdays grand jury decision
closes another chapter IN a nght to
force the removal OF the obstruction
that has been carried on since 1911.
when the City Council passed an ordi-
nance giving Scott and Myers the
right 10 inclose n section OF the alley
about l75 feet long, as part OF their
property. The ordinance was opposed
by the City Engineer and the Fire
Department. and WAS vetoed By the
Mayor. Tho Council. however. passed
1t over the Mayors veto.
Upon the passage OF the ordinance
an Injunction was secured 70 restrain
struction. but il was dissolved by
Judge Grinnan. of the Chauccry
Court who held that the persons
bringing the action were not parties
in interest. The case was carried TO
the supreme Court OF Virginia. and
the United States, where it Is now
pending.
The special grand jury that heard
the nuisance charge yesterday was
composed Of y. c. Harman. foreman:
Joseph L. Sorg. X. H. Hardesty, Austin
Joseph T. Allen. c
W. Hardwickc, Andrew j. Danron and
u +. Walden. Judge Wells. OF Hastings
Court, Part H.. presided. Judge Rich
ardson declined to preside because OF
his connection with tho matter. when.
as Mayor, he vetoed the ordinance
granting the right TO erect the OBJ
struction.
BUILT High Fences.
1t appears from the evidence brought
out yesterday that Fred w Scott and
T.. T. ID. Myers acquired a stable lot on
the south side OF the alley in question.
opposite the rear Of their property.
which fronts on West Franklin Street.
Upon the passage of the ordinance re-
fcrrcd TO they erected scvcn-foot plank
fences across the twenty-foot alley on
their east and west property lines.
lngress and cgrcss 10 and from the
rear of the properties abutting on the
alley is still possible by way Of mar
row alley that formerly served the
stable lot.
Counsel for the complainants claimed
that the twcntyfoot alley was rogu-
larly dedicated to the city, and that
the building Of the fences virtually di-
verted a strip of city property TO pri
waite uses. The closing of the alley. ii
was claimed, injuriously affects the
right Of passage over a public alley,
in which the community as body poll
tic has common interest