Police “cannot interfere” with children playing on railway tracks – July 15, 1891

Police “cannot interfere” with children playing on railway tracks – July 15, 1891

Police “cannot interfere” to compel children to keep away from the Electric Railway track on city streets.  Dr Fleming granted permission to erect a tent for the sale of drugs on Cordova St. The Women’s Christian Temperance Union advised that they could appear before the Police Court and prosecute those stores exhibiting “indecent pictures” on Cordova Street. Alderman Scoullar at first objected to the presence of reporters in the Council chamber, then gave notice of motion to allow the press into both committee and Council meetings.

This transcript was made in 2016 by Transcribimus volunteer Donna Kynaston
and sponsored by Shirley Barnett

original handwritten minutes here

City of Vancouver Archives
Series 23-A Volume 4 pages 417 – 426

[Vol 4 page 417]
Vancouver 15 July 1891
The Council met on Wednesday July 15th 1891 at 8 P.M.
Present: His Worship the Mayor and Aldermen Brighouse, Carrall, Godfrey, Scoullar, Hobson, Templeton, Brown, McDowell and Doering.

The minutes of last meeting were read and adopted.
The following communications were received and read:

From Geo Pound et al petitioning for the Tramway to run up Harris St. Referred to the Board of Works.

From C. McIntosh asking for the cutting down of a tree on Sixth Av. Referred to the City Engineer.

From McPhillips and Williams threatening suit for damages sustained by Thomas Pritchard on account of the City’s negligence. Referred to the Finance and City Solicitor.

From H.A. Jones offering the lots adjoining the City Hall for $6000.00. Referred to Finance Committee.

From Mr. Gibson et al asking for the improvement of 14th Av. Referred to the Board of Works.

From J. McB. Smith, Provincial Auditor, submitting the amount paid out in Vancouver and asking the City to pay their amount. Referred to the Finance Com.

From the City Engineer stating that Oppenheimer Street was the best suited for the

[Vol 4 page 418]

Tramway line and submitting profiles. Referred to the Board of Works.

From G. W. Thomas, Market Clerk, furnishing his weekly report. Filed.

From Wm Gilmore et al petitioning for the opening up of 5th Av. Referred to Board of Works.

From the Deputy Attorney General enclosing a copy of the Crown’s verdict in the case of Chow Tin. Referred to the Board of Health.

From H. T. Ceperley Secy-Treas of the Vancouver Street Railway Co. stating that he would accept the option and build a street railway over the streets desired to be occupied by the Tramway Co and asking for the grading of said streets. Referred to B of Works.

From the Hon. Geo Kirkpatrick asking the City to subscribe towards the erection of a monument to Sir John A. Macdonald in Kingston.

Moved by Alderman Godfrey
Seconded by Alderman Scoullar
That a committee consisting of His Worship the Mayor and Aldermen Brown, Templeton and the mover and seconder be appointed to take the communication in to consideration. Carried.

The following Reports were received and read:

Finance No. 21
The Finance Committee met on Friday July 10.

[Vol 4 page 419]

Present: Aldermen Brown, Doering, Hobson & Carroll.
It was recommended:
1. That Mrs. A.E. Webster, secy to the Alexandra Hospital, be notified that the sum of $2000 has been voted by Council for the construction of said Hospital, and that the said sum will be paid over from time to time as the work progresses on Estimates furnished by the Architect and certified to by the City Engineer.
2. That the communication from R.D. Pitt be laid over in order to allow of the Chief of the Fire Brigade being present.
3. That W.E. Johnstone be appointed Poll Tax Collector and that he be paid a commission of 10 per cent on all monies collected by him and that he give two sureties of $500.00 each or a Guarantee Bond of $1000 for the faithful performance of his duties and that he be required to pay in daily to the City Treasurer all monies collected by him.
4. That the following accounts be paid:
S.T. Tilley, Stationery $26.15
Leland House, Board for Diner 47.00
John Boultbee, Law Costs in Schwahn vs City 72.75
C.P. Telegraph Co. 34.41
Telephone Co. 23.40
Green Bros, W.W. Arbitration for Hacds. 13.50
sgd W. Brown
Chairman

Moved by Alderman Brighouse
Seconded by Alderman Doering
That the Report of the Finance Committee be adopted. Carried.
A Report was received from the Park Commissioners and referred to the Board of Works for consideration.

[Vol 4 page 420]

Works No. 21
The Board of Works met on Thursday July 9th 1891.
Present: Aldermen Brighouse, Brown, Templeton and Godfrey.
It was recommended:
1. That the following accounts be paid:
Vancouver City Foundry, Supplies $204.74
D.H. Morgan, Victoria St. 469.58
subject to the conditions of the contract being fulfilled
H. Lomas et al, Labor 126.00
S.T. Tilley, Stationery 4.10
W. Crickmay, Wire Rope 61.50
2. That tenders be called for the grading of the approach to Cambie Street Bridge on the north side and that the City Engineer see the proprietors on the south side in regard to the approach.
3. That tenders be called for the following street work:
Princess Street grading from Carl to Jackson
Bute St sidewalk from Nelson to Robson
Thurlow St grading from Haro to Burnaby
Nelson St grading from Richards to Homer full width
Seventh Av grading from Quebec to Ontario
4. That the following tenders be accepted:
Oppenheimer St. sidewalk, Bailey & Jones
Campbell Av sidewalk, J.B. Thornton
Raymour Av sidewalk, J.B. Thornton
Smithe St sidewalk, Bailey & Jones
Hamilton St grading, W.D. Hobson
Eveleigh St grading, S. Beaumont
Eveleigh St box drain, S. Beaumont
5. That the City Engineer be instructed to consult with the City Solicitor in the matter [of] the McDonald & Barton contract on the

[Vol 4 page 421]

East Park and report.
6. That Dr Fleming be granted permission to erect a tent for the sale of drugs on Cordova St on the lot adjoining the Cosmopolitan Hotel provided same does not conflict with the provisions of the License & Fire By-Law.
7. That a bend be made in the box drain on Hastings Street, where it is in a direct line with the telephone poles.
8. That John Rounsefell be allowed the same rate for the sidewalk he has constructed on the corner of Robson & Burrard Streets as the balance of the side w[alk] will cost when constructed.
9. That the Board cannot see its way clear to accept the offer of D.K. Campbell for the clearing of the Cemetery of timber.
The communication from J.T. Brown and C.F. Foreman re the clearing of the lane in Bloc 16, 196 was laid over.
Sgd S. Brighouse
Chairman
Moved by Alderman Doering
Seconded by Alderman Godfrey
That the Report of the Board of Works be adopted. Carried
License No.
Your Committee met at 11 A.M. of Monday July 13.
Present: The Mayor and Aldermen Brighouse, Hobson, McDowell and Godfrey.
They beg to report as follows:
1. That the Sherman House, late Occidental Hotel, in Block 10 on Water Street be granted an Hotel License.
[Vol 4 page 422]
2. That the interest formerly held by J.E. Davis in the Boulder Saloon License be transferred to J.B. Simpson.
3. That the interest formerly held by D. McKay in the Superior Saloon License be transferred to R. Campbell.
4. That the license of the Gold House, Water Street, be transferred to Coal Dawson.
Sgd D. Oppenheimer
Chairman
Moved by Alderman Scoullar
Seconded by Alderman Templeton
That the Report of the Licensing Board be adopted. Carried.

F. W. & L. No. 10
The F. W. & L. Committee met on Thursday July 9th 1891.
Present: Aldermen Templeton, Brown, Brighouse & Godfrey.
It was recommended:
1. That the following accounts be paid:
Crowder & Penzer, Feed $53.46
Hayes & McIntosh, Oil 2.50
Tye & Co, Supplies .70
W.J. McBride, Supplies 17.85
J.M. O’Toole, Supplies 1.45
J. Forbes, Horse Shoeing 2.00
Van Water Works Co, Water 351.15
Van Elec Ry & Lights Co 1135.48
2. That Thomas Lillie be appointed a permanent fireman in place of D. Biggar who has left; salary to be $55.00 per month dating from the 1st of June 1891.
3. That Seymour Richardson and E.

[Vol 4 page 423]

Britton be notified that their services as Call men in the Fire Department will not be required after the 31st of July, as previously notified by the Chief.
4. That the tender of the Gutta-Percha & Rubber Mfg Co of Toronto per Creighton, Fraser & Co be accepted for the following supplies:
1000 ft of Maltese Cross Hose at $1.10 per ft, delivered.
5. That Thos Dunn & Co be awarded the contract for the supplying of a bell of pure bell metal for the sum of 30 cts per lb, delivered, weight of bell to be 750 lbs.
6. That tenders be called for 50 couplings, 100 expansion rings and 500 gaskets, samples to accompany tenders, tenders to be received up to noon of Wednesday 22nd inst.
W. Templeton
Chairman
Moved by Alderman Doering
Seconded by Alderman Brighouse
That the Report of the F. W. & L. Committee be adopted. Carried.

Police No 10
The Police Committee met at 4 P.M. of Tuesday July 14th.
Present: Aldermen Carroll, Scoullar, Hobson and McDowell.
Alderman Carroll was appointed Chairman in the absence of Alderman DePencier.
Your Committee beg to report as follows:
1. That in answer to the communication received from the Electric Railway Co requesting Police interference to compel children to keep away from the track on certain streets in this City, we recommend

[Vol 4 page 424]

that the Street Railway Co be notified that as the City incurs no liability from the causes set forth in the communication they cannot interfere in the matter.
2. In respect of the petition received from the W.C.T.U. in regard to certain pictures claimed to be indecent on exhibition on Cordova Street we would recommend that Secretary of the W.C.T.U. be notified that any such matters that come under the provisions of By-Law No 2 of this City, can be best dealt with by the person or persons aggrieved thereby appearing before the Police Court and prosecuting the offenders under the provisions of By-Law No 2.
3. In the matter of where the responsibility rests for the appealed case of Hendry vs the City being undefended, your Committee would state that after hearing the statements of Mr. Hallett and A. St. G. Hamersley and J. Campbell the attorney for the appellant in this case we have reserved our decision in the matter until our next meeting.
4. We have also instructed the City Solicitor to prepare an opinion and submit same to this Committee on Monday, July 20th as to whether Mr. Hallett in his capacity of a Stipendiary Magistrate can legally sit and try cases under the City By-Laws and whether he can hold the office of Police Magistrate under the Provincial Statutes.
5. The complaints made by W.B. Ross against officers Gibson and McKeown were heard by your Committee and the statements of all parties concerned were considered and your Committee advised all parties to the matter as to their future conduct.
Sgd John McDowell
Acting Chairman

[Vol 4 page 425]

Moved by Alderman Godfrey
Seconded by Alderman Brighouse
That the Report of the Police Committee be adopted. Carried.

Health No 11
The Health Committee met at 3 P.M. of Tuesday July 14th.
Present: Aldermen McDowell, Scoullar and Templeton.
Alderman McDowell was appointed Chairman in the absence of Alderman Carroll.
The Minutes of previous meeting were read and adopted.
Your Committee begs to report as follows:
1. That the resignation of Miss Drummond as hospital nurse be accepted, said resignation to take effect August 3rd, 1891.
2. That two weeks leave of absence be granted Miss Woodward, hospital nurse, provided she make suitable arrangements with the Matron for the proper conduct of the usual routines of business at the hospital while she is absent.
3. That the City Clerk call for applications for the position of hospital nurse made vacant by the resignation of Miss Drummond, all applicants to furnish testimonials as to ability, applications to be in the hands of the Clerk by the 27th inst.
Alderman Scoullar at this stage objected to the presence of reporters in the Committee room until such time as a resolution of Council allowing their presence should be passed, and as the other members of Committee present stated they had no objection to their presence in the Committee room, Alderman Scoullar

[Vol 4 page 426]

retired, leaving the Committee without the necessary quorum.

The Board of Health met again on Wednesday July 15 at 4:30 P.M.
Present: Aldermen Carroll, Scoullar, Templeton & McDowell.
The following recommendations were made:
1. That the sum of $500.00 be placed to the credit of the Committee for the erection of a receiving vault at the Cemetery, or so much of that sum as may be necessary for that purpose.
2. That the bond of J. Potter as pipelayer be approved.
3. That tenders be called for the burials of the pauper dead, tenders to be in hands of City Clerk by 27th inst.
4. That the Street Inspector have the steps and approaches to the morgue put in order.
5. That the City Engineer be asked to submit a sketch of the proposed new wing to the City Hospital by the 28th inst. together with an estimate of the proposed cost.
Sgd John McDowell
Acting Chairman
Moved by Alderman Godfrey
Seconded by Alderman Doering
That the Report of the Health Committee be adopted. Carried.
Motions
Moved by Alderman Brown
Seconded by Alderman Scoullar
That owing to the late date of the final passage of the new school Bill

[Vol 4 page 427]

through the legislature, sufficient time was not given to make provision for the proper maintenance of the Public Schools, the Government therefore are respectfully asked by this Council to refund to the City, the Poll Tax collected within its limits during the present year. Carried.
Notice of Motion

Alderman Scoullar gave notice that he would move at the next regular meeting that all committees be open to the public and press.
The Council then adjourned.
D. Oppenheimer
Mayor
Thos. F. McGuigan
City Clerk