HomeMy Public PortalAbout1937_10_11 At its regular meeting on the 27th. day of September , 1937 ,
the Council approriated .ten dollars as a contribution to the local
high-school paper called "The Chatterbox:'
The question with which I am confronted is this : Has the
Governing body of the Town of Leesburg the right to appropriate money
for the benefit of the local school paper? In other words , is such,
a lawful expenditure of -public funds? I am unable to find any law
authorizing such an expenditure of public funds; The nearest
approach to such an authorization is found in Section 3034 of the
1936 Code of Virginia where it is stated, "Cities and towns of this
Commonwealth are authorized to make appropriations of public funds ,
of personal property , or of any real estate to any charitable insti-
tution or association, located within their respective limits: "
Having come th the conclusion that the local shhool peper is not
published by a "charitable institution or association , " I am forced
'to the further conclusion that the governing body of the town can
not spend the finds of the town by making an appropriation for the
benefit of the aforesaid paper.
Since the law does not authorize the expenditure of public
funds to support a schofl news paper , and deeming the same to be a
fundamental and conclusive objection in itself to such an expenduture ;
I shall limit my objections to the aforesaid approptiation to its
illegality;
Therefore , I return to the Council for further consider-
ation the matter of appropriation ten dollars to the local school
paper for the foregoing reason.
Given under my hand , this 1st. day of October , 1937 .
tAr mod
' M: • o r
October 11 , 1937
At a regular meeting of the Mayor and Town Council of the
town of Leesburg , in Virginia , held in the Council Chamber on Mon-
day October 11 , 1937 , at 8 :00 P. M. , there were present , Lucas D.
Phillips , Mayor ; Louis T. Titus , Recorder ; Roy M. Flippo , Lawrence
S. Hutchison , Louis C. Rollins , J . D. Taylor , and Joseph H. Turley,
Councilmen.
The minutes of the last regular meeting and the minutes
of a special meeting held on October 5 , 1937 , were read and
approved.
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The Recorder read the Mayor ' s veto of an Ordinance adopted
on September 27 ,m1937 , appropriating ten dollars for an advertise-
ment in the Leesburg high School paper.
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On motion of Councilman Hutchison , seconded by Council-
, man. Flippo , and unanimously carried , the Following Ordinance was
adopted ;
�5) — (a)
BE IT ORDAIItED, by the Council of the town of Leesburg ,
in Virginia , that it shall be unlawful for lewd of notorious
women, known as street-walkers , to stroll , loiter or congregate
upon any of the streets or sidewalks of this town.
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( b)
It shall be unlawful for any person to keep a house of- ill
fame , resorted to for the purpose of prostitution or lewdness ;
or to frequent/ reside in or visiting for immoral purposes , any
house of ill-fame , brothel or bawdy house or any plate within
or without any building or structure , within this town , which
is used or is to be used for lewdness , assignation , or prosti-
tution.•
( c)
It shall be unlawfull for any persons , not married to
each other , lewdly and lasciviously associate and co-habit
together , or whether married or not , be guilty of open and
gross lewdness and lasciviousness.
(d)
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It shall be unlawful for any person , firm or corporation,
or any officer , employee , or agent thereof, with knowledge of
or good reason to believe the immoral purpose of such visit to
take or transport or to assist in taking or transporting or
offering tc take or transport on foot , or in any way , any person
to a place whether within or without any building or 'structure ,
used or to be used for the purpose of lewdness , assignation or
prostitution within this town, or to procure of to assist in
procuring for the puropse of illicit sexual intercourse , oL to
give any information or description to any person with inten-
tion to enable such person to commit an act of prostitution.
( e)
It shall be unlawful for any person to keep any house of
assignation or bawdy house or any place where persons may meet
or congregate for the purpose of prostitution or illicit , or
illegal sexual intercourse in this town, and each and every
day such assignation house or bawdy house or place shall be
kept or any prostitute kept or supported or harbored or per-
mitted to remain therin for immoral purposes , shall constitute
a separate offense.
( f)
Any person violating any section or provision of this '
Ordinance shall be 'guiljly of a misdemeanor , and , for the first
violation , shall be fined not less than ten dollars nor mote
than two hundred fifty dollars , or confined in jail for a •
period not less than ten days nor more than sixty days , or both;
for conviction of subsequent violation of this Ordinance within
twelve months from the date of prior violation of any section
or provision of this Ordinance , shall be fined not less than
twenty dollars nor more than five hundred dollars , or by , •
imprisonment in jail for a period not less thanften days nor
more than six months , or both such fine and imprisonment.
It was moved by Councilman Flippo , seconded by Cmuncil
man Hutchison and unanimously carried that the following Ordinance
be adopted ;
l ,(19) BE IT ORDAINED , by the Council of the town of Leesburg ,
in Virginia , that if any person shall steal from the person
• of another money or other thing of less value than five
dollars , or shall commit simple larceny not from the person •
of another of goods and chattels of less than fifty dollars
in value, he shall be deemed guilty of petit larceny , and
• upon convittion shall be punished by a fine of not less than
five dollars nor more than one• hundred dollars ,- or by con-
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finement in jail not less than ten days nor more than six
months , or both.
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_ It was moved by Councilman Hutchison , seconded by Council-
man Flippo and unanimously carried that the following Ordinance be
adopted ?) —
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BE IT ORDAINED, by the Council of, the town of. Leesburg ;
in Virginia , that if there be complaint on oath that personal
property has been stolen , embezzled , or obtained by false
pretenses , and that it is believed to be concealed in a par-
ticular house or, other place , the Mayor. or Court to whom
complaint is made , if satisfied that there is reasonable cause
...for such belief, shall issue a warrant to search such place
' for -the property.
On like complaint , on oath , according to the nature of
the case. tha Mayor or Court to whom it is made , if satisfied
that there is reasonable cause therefor , shall issue a warrant
: ' to search specified places for the following things :
First. Counterfeit or spurious colt, forged bank notes ,
and other instruments or writings , or any tools , machines , or
materials for making them;
Second. Any book or other thing containing obscene
language , or any print , picture , figure , or description
manifestly tending to corrupt the morals of youth, and intended
to be sold , loaned , circulated , or distributed , or to be intro-
duced into a family , school , or place of education;
Third. Lottery tickets ,- or materials unlawfully made ,
provided , or procured for drawing lottery ;
Fourth. any gaming apparatus or implements used , or
kept and provided to -be used , in unlawful gaming , or in any
place resorted to for unlawful gaming. •
Every search. warrant. shall be directed to the Sheriff of
Loudoun. County,. Virginia, the Sergeant or any policeman of
said town and- shall command him to search the place designated
either.,in day or nigh.t .and seize such stolen property or
other things and bting the _same and the person in whose possess-
ion they are found before the Mayor or Court having. cognizance
of the .case.
• If any search _warrant beexecuted by the seizure of
property , or any of the other things aforesaid , the same shall
be kept by the _direction of the Mayor or Court having cog-
nizance. thereof, to. be used in evidence ; and as soon as may be
afterwards , such stolen or embezzled property shall be restored
to its .owner , and the otherthings specified aforesaid , burnt
or otherwise destroyed under such direction.
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On motion of Councilman Turley , seconded by Councilman
Taylor „and carried, ( Councilman Flippo did not vote) ; the
following Resolution was passed ;
BE IT RESOLVED, by the Council of the town of Leesburg ,
in Virginia , that whereas , G. F. Kitts -has this day made the
• following assignment to the Loudoun National Bank of Leesburg;
Virginia , to-wit :
"The undersigned , G. F. Kitts , hereby assigns and transfers
to the Loudoun National Bank of Leesburg the sum of $25.00 out
of each of the next three payments due him for hauling garbage
and/or rubbish for the said town as said payments shall 'become
. :due and payable.
"The undersigned G. F. Kitts requests and hereby gives the
Auditor-Treasurer of the Town of Leesburg , Virginia , authority
to pay the aforesaid Loudoun National Bank of Leesburg , the
sum of $25.00 per month out of the next three monthly payments
due him for hauling garbage qnd/or rubbish for the said town
as said monthly payments shall become due him.
"The aforesaid assignment is made in consideration of debts
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owed by the undersigned and his son, Elmer Kitts , to the afore-
said bank.
"Witness the following signature and seal , this the 11th.
' day of October, 1937. "
• G. F. Kitts ( SEAL)
Now, Therefore ,BE IT FURTHER RESOLVED, that the said
assignment be and the same - is hereby accepted by the .Town of
Leesburg and the Auditor-Treasurer is hereby authorized and
directed to pay the Loudoun National Bank of Leesburg , Virginia ,
the sum of X25.00 out of each of the next three monthly pay-
ments due the said G. F. Kitts if and when the said payments
shall become due the said Kitts.
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Roy McDay ( colored) appeared before the Council to apply
for a license to sell beer. The Council referred him to the Virginia
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The Auditor-Treasurer ,Mr. Rhoads , read the monthly
financial statement of the town.
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It was moved by Councilman Hutchison and seconded by
Councilman Flippo and unanimously carried that the following
Ordinance be adopted ; - •
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BE IT ORJANNED, by the Council of the town of Leesburg ,
in Virginia , that the Auditor-Treasurer be and he is hereby
authorised and instructed to pay the following bills ;
IA. D. Bell 6.00
Carl Mallory - 1.40
Virginia Public• Service
(Mayor ' s Office and Fire house) 10.28
- ' ( General Pumping) 195.56
(Harrison Pumping) 12:30 •
( Street Lighting) - - 118.36
( White Way Lighting) - - - - 89 .50
Frye Motor Company - 4.60
Dr. John A. Gibson 5. 50
Purcell & Littlejohn • 3.20
Earl L. Poston 30.02
C. C. Saffer & Brother 9.35
E. F. Newton •4.90
J. S. Whitmore 4. 68
J. T. Hirst 152.94
Leesburg Lime & Fuel Corporation . 2 .74 -
Mrs. Emory Plaster 9 .30
Total - - - X660.63
On motion of Councilman Turley , seconded by Councilman
Flippo , and unanimously carried , the following Resolution was •
passed ;
BE IT REGOLVED , by the Council of 'the Town of Leesburg;
in Virginia , that the Auditor=Treasurer be and •he is hereby
• authorized to have constructea , a driveway into the premises
of Mr. E. Marshall Rust on the East side of North •King street;
with the understanding that the said Mr. Rust pay for same.
' On motion of Councilman Turley , seconded by Councilman
Rollins , and unanimously carried, the question of the disposition
of a quantity of terra-cotta pipe , belonging to the town and asked
for to be used In making an underground drain on East North street
by Thomas Moten, was referred to the Committee on Streets North
of Market street.
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It was moved by Councilman Rollins , seconded by Council-
man Turley and unanimously carried that the Town Hall Committee
confer with Mr. Martin of the Fitts Tally-Ho Theater in regard to
renting the town hall.
On motion. of Councilman Rollins , seconded by Councilman
Taylor. and unanimously:/carried , the following Ordinance was adopted ;
BE IT ORDAINED , by the Council of the town of Leesburg ,
iii Virginin, that , the Auditor-Treasurer be and he is hereby
authorized and directed to purchase an adding machine and
: typewriter for use in the office of the Auditor-Treasurer. •
Mr. Baker of the Quaker City Rubber Company appeared in
regard to selling fire hose to the town. No action was taken on this
matter:
There being no further business , on motion, the Council
adjourned.
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fArud t/ i/a MAYOR
RECORDER
. October 25 , 1937
At a regular meeting of the Iiayor and Town Council of the
town of Leesburg , in Virginia , held in the Council Chamber , on Mon-
day October 25, 1937 at 8 :00 F. M. , there were present ; Louis T.
Titus , Recorder ; Foy M. Flippo , Lawrence S. Hutchison , J. D. Taylor ,
L. C. Rollins , and Joseph H. Turley , Councilmen.
In the absence of the Mayor the Recorder acted as mayor
Pro Tem and appointed Councilman Hutchison to act as Recorder Pro
tem.
The minutes of the last meeting were read and approved.
Councilman Turley brought up the fact the the trash was
not moved in front of the alley in the rear of Mr. T . H. Plaster ' s
store. He Wished to learn the reason for same and it was pointed
out by the Council that the said garbage was not properly placed
on the street in the necessary containers.
It was moved by Councilman Turley , seconded by Councilman
Rollins andtunanimously carried that the following Resolution be •
passed ;
-BE IT RESOLVED, by the Council of the town of Leesburg ,
in Virginia , that the Auditor-treasurer be and he is hereby
authorized and instructed to have the street lights turned
on and off at a suitable time in accordance with the change
of the season.
Upon motion of Councilman Rollins , seconded by Councilman
Turleyy , and unanimously carried , that; the following Resoultion bew o-
passed ;
BE IT RESOLVED, by the Council of the town of Leesburg ,
in Virginia , that , the theetina':time: fOr`the said Council be
and the same is hereby changed to 7 :30 F. M. for the Winter
months , beginning at the next regular meeting , on the Second
Monday in November, 1937 :
There being no further business , on motion; the Council
adjourned.
\ tXATht Mir ,
pro tem.
Recorder , pro tem