Alderman Brighouse refused to sign document of resignation previously signed by Mayor and all Aldermen, in response to demand brought forth at a recent public meeting. H. B. Warren brought suit against the City for wrongful dismissal. Aldermen Carroll and De Pencier made two unsuccessful motions to have the six Aldermen “whose action formed the basis for such lawsuit” the defendents, rather than the Council as a whole. Both motions defeated.
This transcript was made in 2016 by Transcribimus volunteer Leah Minuk
and sponsored by Arnold Silber
original handwritten minutes here
City of Vancouver Archives
Series 23-A Volume 4 page 343 – 352
[volume 4 page 343]
Vancouver May 26th 1891
The City Council met on Tuesday, May 26th 1891 at 8 P.M.
Present His Worship the Mayor and Aldermen Brighouse, Carroll, Godfrey, Scoullar, Hobson, Templeton, Brown and McDowell & De Pencier.
The minutes of the last meeting were read and adopted.
The following communications were received and read:
From the City Solicitor in reference to the deeding of the Sugar Refinery Site.
Referred to the Finance Committee
From G. E. Corbould M.P. stating that he had not received the telegram from the City Clerk re attending the Privy Council meeting until too late.
Filed
From J. Wilson Supt. C.P. Tel Co. stating that all poles taken down had been removed.
Referred to the Board of Works
From W.J.M. Browning drawing attention to the recommendations of the Board of Works re streets on Fairview.
Referred to the Board of Works.
From the Market Clerk furnishing his week by report.
Filed
From John T. Williams et al petitioning for the removal of the fire limits from part of Block 53.541.
Referred to F.W&H. Committee
From Dr. Herbert thanking the Council for appointing him to the position of Hospital Dr.
Filed
From R.K. Winters informing the Council that the Police Magistrate was no longer qualified to act.
Referred to the Police Committee
From E.T. Bodwell giving notice of a suit being entered against the City by H. B. Warren.
Filed
[volume 4 page 344]
From Alexander S. Potts Secretary of a public meeting submitting a resolution asking the Mayor and Aldermen to resign.
Filed
From A.J. Ryan giving a description of himself.
Filed
From G.W. Thomas submitting his weekly report on Market receipts
Filed
From J. W. McFarland stating that his account for extra flushing should be paid.
Referred to the F.W. & H. Committee
From J. W. McFarland asking for particulars as to special jury fees said to be due to the City by the Water Works Co.
Referred to Finance Committee
From City Solicitor stating that the Council had the power to control the erection of telephone poles on the streets.
Referred to the Board of Works
From the Chief of Police reporting upon the street lights filed.
Filed
From the Department of Agriculture giving the Council permission to erect a swing bridge over False Creek.
Filed
From Sam A. Brown on behalf of the Zion Church asking for a reduction of the rent of the Market Hall.
Referred to the Market Committee
[volume 4 page 345]
The following reports were received and read:
Works. No.15
The Board of Works met on Thursday May 21st 1891.
Present Aldermen Godfrey, Brown, Templeton and De Pencier.
Alderman Godfrey was appointed Chairman pro tem.
It was recommended:
- That the Secretary to the Board of Works be instructed to notify Dr. McAlpine to remove the building he is constructing on Lot 5 Block 9 D.L. 196, same being contrary to the provisions of the fire limit by-law.
- That W. S. Cook be paid 10 cts. a yard for earth used for filling Dupont Street, Columbia Av and Powell Street and that hereafter 10 cts be paid for earth from excavations where required by the Street Inspector until further notice.
- That the City Solicitor be requested to give his opinion as to what power the City has in directing the erection of telephone poles.
- That the matter of constructing approaches to the Court House be referred to the Street Inspector to attend to as soon as possible.
- That the communication from Davidson Bros. asking permission to erect an addition at the back of their premises of iron and glass be referred to the Fire Inspector to see that the petition is in accordance with the Fire Limit By-law and if so that it be granted.
- That the City Engineer examine into the communication from C. O. Wickenden on the subject of basement and surface drains on Granville Street and report.
[volume 4 page 346]
- That the items asked for by Wm. Crickmay for use at the North Arm Quarry in his letters of 18th and 16th must be supplied.
- That the Street Inspector be instructed to see that no buildings project over the street line.
- That Messrs. Anderson and Yerex be paid the balance due on 12th Av and also the bridges, upon the Street Inspector’s certificate to the City Treasurer that the burning on both sides of the bridges has been completed.
- That the following accounts be paid:
Anderson and Yerex, 12th Ave. $ 447.74
E. A. Bodwell, hauling stones 3.30
W. C. Muir, Lane in B. 9. 196 17.50
Palmer Bros. Coal 8.50
Boyd & Clandenning, 7th Av. 2128.80
C. W. H. Sauson Common Market 12.60
A. K. Stuart Ry fares .75
John Taylor Ex of Steam Roller 10.00
Sgd. S. Brighouse
Chairman
Moved by Alderman Scoullar
Seconded by “ McDowell
That the report of the Board of Works be adopted.
Carried
The Report of the Finance Committee containing the estimates was read and laid over to be considered in Committee of the Whole after the termination of this business.
Introduction of By-Laws
Moved by Alderman De Pencier
Seconded by “ Carroll
That the rules be suspended to allow of the introduction of a By-Law to appoint the time
[volume 4 page 347]
and fix the polling places and appoint the returning officers for holding an election for Mayor and Aldermen.
Carried
Moved by Alderman De Pencier
Seconded by “ Scoullar
That the By-Law be read a first time.
Carried
Moved by Alderman De Pencier
Seconded by “ Hobson
That the By-Law be read a 2nd time.
Carried
The Council went into Committee of the Whole on the By-Law on motion of Alderman Templeton seconded by Alderman Brighouse.
Alderman McDowell was appointed Chairman.
The By-Law was read over clause by clause and reported back to Council as complete without amendment:
The 3rd reading of the By-Law was deferred until the service of a document on the City Clerk containing the resignation of the Mayor and the full Board of Aldermen, this not being obtainable on account of the refusal of Alderman Brighouse to sign it; the By-Law was advanced no further.
Motions
Moved by Alderman Brighouse
Seconded by “ Godfrey
That the following labor account be paid:-
H. Lomas et al $101.00
Carried
Moved by Alderman Godfrey
Seconded by “ Scoullar
That the City Clerk be instructed to call for tenders for the proper
[volume 4 page 348]
sprinkling of the following streets during the months of June, July, August and September, namely:
Cordova Street
Water Street
Georgia St from Granville St to Jervis St
Alexander St from Westminster Av to Carroll St
Oppenheimer St to Westminster Av
Powell St to Westminster Av
Hastings St from Granville St to Westminster Av
Westminster Av from Alexander St to Princes St
Granville Street from Cordova to Robson
Carroll Street
and also that he be and is hereby authorized to accept any tender which in his opinion is the lowest responsible tender.
Tenders to be in by the 28th inst.
Carried
Moved by Alderman Hobson
Seconded by “ Templeton
That Powell Street be watered to Campbell Av.
Carried
Moved by Alderman McDowell
Seconded by “ De Pencier
That Westminster Av be watered from Alexander Street to the Bridge.
Carried
Moved by Alderman McDowell
Seconded by “ Brown
That J.J. Blake’s bill re slaughter house expenses and costs be paid as per taxed bill of costs, not to exceed 9 connections at $44.00 each.
Carried
Moved by Alderman Brown
Seconded by “ Templeton
That the Vancouver Improvement Co. be requested to convey Block 47 to the Sugar Refining Co. and that payment of $15525.00 be made to the Company on the conveyance being executed
[volume 4 page 349]
and on having all that portion of Powell Street taken up by lots in Block 48.
That the C.P.R. Co be requested to convey all that portion of land lying between the Railway Track and Block 47 to the Sugar Refining Company and that the Company should convey all that portion of Powell Street taken up by their lots in Block 48, and that the City on the above conveyances being made release the above companies from all claims to the said properties.
Carried
Moved by Alderman Templeton
Seconded by “ Godfrey
That the Rules be suspended to allow of a motion being introduced to grant a sum towards the 1st of July celebrations.
Carried
Moved by Alderman Godfrey
Seconded by “ Templeton
That the Council donate the sum of one thousand dollars towards the 1st of July celebrations.
Carried
Moved by Alderman Templeton
Seconded by “ Godfrey
That the Council do extend to the Councils of Nanaimo and Victoria a vote of thanks for their hospitable entertainment on the anniversary of the celebration of Her Majesty’s birthday.
Carried
Moved by Alderman Godfrey
Seconded by “ Carroll
That the Market Hall be let to A. W. Beattie for the 26, 27, 28, 29 & 30 of May and 1, 2, 3, & 4 June, nine days in all for the sum of ninety dollars $90.00.
Carried
[volume 4 page 350]
Moved by Alderman Carroll
Seconded by “ De Pencier
Whereas action has been taken by Mr. Warren against the City of Vancouver to recover wages and damages for illegal dismissal be it resolved that the City Solicitor be instructed to defend the suit and to make the six Aldermen who voted for such dismissal co-defendant in the said suit.
Lost.
Moved by Alderman Carroll
Seconded by “ De Pencier
Whereas Mr. Warren has entered suit against the City of Vancouver for the recovery of wages and damages for unlawful dismissal it is the opinion of this Council that an indemnity against all liability for such costs and damages shall be given to the City by those Aldermen whose action formed the basis for such lawsuit.
Lost
Moved by Alderman De Pencier
Seconded by “ Carroll
That inasmuch as grave charges of incompetency and carelessness have been made against Mr. Lawson at present employed by the Board of Works without the sanction of this Council and whereas such charges render it desirable that an inquiry shall be held in order that certain sums of money said to be have been overpaid on certain bridge contracts shall be refunded to the City by said contractors, be it resolved that application be made by this Council to one of Her Majesty’s judges to hold an inquiry under Clause 212 of the City Charter, into such charges and that pending such inquiry Mr. Lawson be not further employed on City Works.
Moved by Alderman Scoullar
Seconded by “ McDowell
That the motion to be laid over until the opinion of the City Solicitor
[volume 4 page 351]
be obtained as to the legality of Mr. Lawson’s appointment.
Carried
Notices of Motion
Alderman McDowell gave notice that the next regular meeting of Council would move to appoint a magistrate as required by the Provincial Act.
Alderman Brighouse gave notice that at the next meeting of the Council he would introduce a By Law permitting the British Columbia District Telegraph and Delivery System power to establish their system in the City of Vancouver.
Moved by Alderman Templeton
Seconded by “ Godfrey
That the sitting of the Council be extended for two hours before going into Committee of the Whole on the estimates.
Carried
Moved by Alderman Carroll
Seconded by “ Brighouse
That the recess of 15 minutes be allowed before going into Committee of the Whole.
Carried
After recess it was moved by Alderman Scoullar seconded by Alderman McDowell
That the Council go into Committee of the Whole on the estimates.
Carried
Alderman Brown was appointed Chairman.
The Report was taken up item by item.
Moved by His Worship the Mayor that the estimated receipts be amended as follows:
[
volume 4 page 352]
- By increasing the receipts for houses to $28,000
- “ “ “ “ “ police court to $6,000
- By fixing the receivable at 115,344
- “ adding $4,500.00 for Poll Tax
- “ “ 2000 for refund on Centre Street
- “ “ 5000 “ miscellaneous receipts
- “ “ 1000 “ accrued interest on Jockey Club debentures
- “ adding $4500.00 for refund on East Park and Brockton Pt. recreation grounds.
Carried
The Committee then rose on motion of Mayor Oppenheimer and asked leave to sit again.
The Council thus adjourned to meet again Wednesday the 27th inst. at 8 p.m.
D. Oppenheimer
Mayor
Thos. F. McGuigan
City Clerk
