Groner v. City Council of Portsmouth

Citations

• 77 Va. 488
• 1883 Va. LEXIS 82

Syllabus

<p>1. .Grants—Ways and means.—It is well settled that a general grant of power, carries with it the necessary means to effectuate the purpose of the grant.</p> <p>2. Harbor Commissioners—Powers—Inspector.—Act approved March 3d, 1882—Session Acts 1881 -2, p. 216—entitled “ an act creating a board of harbor commissioners of Norfolk and Portsmouth,” provides that the governor shall appoint seven commissioners, and defines their duties; that material excavated in the harbor shall be deposited in designated places; that rules and regulations be made to preserve the harbor; that to defray the expenses there shall be assessed on Norfolk county, two-sevenths, on Norfolk city, three-sevenths, and on Portsmouth, two-sevenths of the estimate. Commissioners designated such a place, and to enforce the deposit there, employed an “inspector of dumping” at $60 a month salary. In their assessment $750 was included to pay that salary. Portsmouth, admitting the amount is reasonable, yet refuses to pay any portion of the assessment on the ground that the employment of the inspector is unauthorized by law. The testimony shows that his employment is essential to enforce the regulation and to prevent the obstruction of the approaches of the harbor.</p> <p>Held :</p> <p>The board hath lawful authority to appoint such inspector, and to assess the sum necessary to pay his salary upon the city of Portsmouth ratably with the county and the city of Norfolk, and the mandamus is awarded as prayed for.</p>