Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-07-07
GAYLE SAYS MCCARTHY
M|sUSES HIS POSITION
Member OF Administrative Board
Charged With Closing Street
Near His House.
MCCARTHY MAKES FLAT DENIAL
Cites. Former Court Decision to
Show Ginter Park Thoroughfare
Has Not Been Dedicated as Pub
lie Observation-Disclosures Is Asked.

Judge Beverly r. Crump Of the Law
and Equity Court. has fixed July IS as
a date for hearing argument on petit
tion filed by John B Gayle for a
mandamus TO compel the city Of Rich
mond TO remove an obstruction he
tween Noble Avenue and North Avenue
and Hawthorn Avenue and North Av-
cnuc. Ginter Park. The obstruction
complained of consists of hedge and
barbcd wire. Last year Mr.. GAYLE IN
stituted similar proceeding in the
Law and Equity Court, and on Sep
teTlber IS. 1915, n mandamus was re-
fused by Judge Crump.
The petition now before the court is
against the city of Richmond. the Ad-
ninistrativc Board and Captain Carl
ton Mccarthy The petition charges
Captain Mccarthy with using the
power Of the Administrative Board. he
being the dominant member, and his
own power as an officer to further his
private and selfish aims" The in
tegrity OF the board is also attacked
in failing TO cause the removal of the
obstruction complained of.
Captain Mccarthy said that sufficient
reply TO the allegations OF Mr.. Gayle
was contained in the courts order re-
fusing the first mandamus applied for
MCCARTHY CITES OPINION
OF JUDGE CItUAIP
The courts opinion in this matter
was follows:
Upon careful consideration Of all
the facts submitted TO the court in
support OF the application for man
damus in this proceeding. and after
a fail nj N. nf hn
bearing upon the questions at issue,
am of the opinion as follows:
First. InaSmuch as the obstruction
in the street sought to be removed hy
this proceeding existed at the time the
entire property in question was taken
within the limits of the city of Rich
mond, and since the said obstruction
was placed in the street by the cor
poration originally plating and laying
it out there has been no complete
dedication of the said street for pub
lie use. In order for a complete dedi-
cation to exist, there must be an ex-
press acceptance by the public au-
thoritics or such user by the public
as to evidence an acceptance Under
the circumstances of this case. II Is
clear that the city of Richmond never
acquired The right to compel the
parties placing the said obstruction in
the said street to remove the same.
Not having said authority, certainly
no public duty existed upon it to have
the obstruction removed, which could
be enforced at the instance of n
citizen.
Second. BY the plating and re-
cordinG of the plan showing the streets,
and the sale of lots in the plan. tho
purchasers Of The lots unuuestionablv
acquired rights in connection with the
streets against the owner of the orig
inal tract as vendor of the lots and
also the purchasers acquired rights in
the streets among themselves These
rights are private and individual. and
the streets do not become public high
ways until the Incorporated town or
city has acquired n right to compel
them to be opened and kent omen.
Such n right can exist only after the
authorities of the town or city have
accepted the streets, according to the
conditions in which they existed at
the time the streets were accented"
SAYS MCCARTHY OBJECTS
TO TRAVEL BY HIS HOUSE
In the petition just filed, Mr.. Gayle
says. among other things: Carlton
Mccarthy lives at SIG Hawthorn Av-
enue, just south of Myrtle Street, and
said Mccarthy objects to Hawthorn
Avenue being opened to North street.
as IL would occasion n little more pub
lie travelling in front Of his house. and
he generally being of the opinion that
the public generally have but few
rights other than to pay taxes"
Though Ginter Park was annexed
to Richmond i'm November 1914, Cap
tain Mccarthy said. the thoroughfarcs
in question are private property, and,
under the opinion handed down by
Judge Crump tho city has no right to
place or pemovc any obstruction on
any of them.
Captain Mccarthy says that he was
singled out for an attack merely