The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-19
CITY INTELLIGENCE.
{ For Additional Oily Intelligence sec F.tn paqs.1

FORl THE CONTESTED Cry CoMMIssIoNFR CAsV
VOTED DowN.-Setect Ootno6.-Mr. Gray pre-
sented the petition of citizens of the Eighth
Precinct of the Fifteenth Ward asking a divi.
son OF the precinct. Referred.
Mr. Gray, from the Committee on Water, re-
ported q resolution authorizing the laying of
Water-plpe IN number of streets. The resolu-
tiOn was adopted.
The same committee made a report adverse TO
the petition OF the Purveyors in the Water De-
partment for an increase of salary.
The same committee, to which was referred
the ordinance making an appropriation of
S66,OOO for 10-inch main on Columbia avenue.
with an amendment, taking the amount from n
specified loan, reported recon mending thai the
amount be taken from the loan of December,
1865. Laid over.
Mr.. Freeman from the Committee on Girard
Estates, reported an amendment making an
appropriation of $4,000 out of the income of the
residusry portion OF the Grard e ltate for the
purpose or paying certain expenses in coun-
ties other than Philadelphia. Agreed to-
Mr.. Pollock, from the Committee on Health
reported IN favor of the transfer of appropria-
ton asked for by the Board of Health. Agreed TO-
Mr.. King introduced resolution authorizing
the Chief Commissioner of Highways to give
notice TO the owners of property on the south
side OF Noble street from Everett 10 Front streets
that at the expiration of three months the street
VIII be opened for public use. Referred to the
Commlttee on highways.
Mr.: KING submitted a resolution instructing
the Cblef Commissioner of High ways to have
the market plots at New Market and Callowhill
tramway stones. Agreed TO.
Colonel Page offered resolution asking the
next Legislature to pass acts tor remedying
existing abuses, etc., in the municipal gov
ernment (The resolution is the same as
that submitted by Colonel Page in March last
and requesting legislation 10 control the
row Offices, etc., The resolution was agreed to-.
Mr.. Barlow offered resolution requesting
the Committee on Schools to inquire and report
upon the necessity of purchasing an additional
lot OF ground adjoining the Morris School
House. Agreed to.
Mr.. Pollock, from the Committee on Health,
reported an ordinance making further appro-
priation of $4,000 to the Board Of Health for the
purpose of paying bills for 1866. Among the
items was one OF $4,000 for the Municipal Hos
pltal. This item gave rise to some debate, the
opponents of the appropriation of this particu-
lar sum urging that the Board of Health had
already expended the money in violation Of the
act OF Assembly, which prohibits expenditures
by departments without an appropriation first
being made by Councils. 1t was contended that
the members of the Board had made themselves
personally liable for the bills. On the other
hand, the friends OF the measure referred to the
necessity that existed at the time for this expen
dlture; In regard to the plea that application
should have been made to Councils, it was
stated that Councils were not in session. The
bill was postponed for the present.
The resolution from Common Council dis
charging the Committee on Finance from the
consideration Of the claim of Major Weaver for
salary while contestiug the election of John
Given as City Commissioner, was concurred in.
Mr.. Pollock introduced an ordinance appro.
Priatng $4,000 to the Board of Health for the
removal of nuisances. Agreed to.
The resolution from Common Council dis
charging the Committee on Fire and Trusts
from the further consideration of the case of the
GOOD VIII Fire Company. was concurred in.
Also, the resolution discharging the Committee
from the consideration of the subject of authori-
Zlng an alarm-boX for the FRANKLIN Engine
Company; also, the resolution dischargng the
Committee on Fire and Trusts from the consde.
q wi nd 10
Engine as steam-engine companies, and the
Franklin of Germantown steam-forcing hose
company. Adjourned.
Common 6oa7,ca.-Mr. Marcer, of the Com
mittee on Finance, reported an ordinance
making further appropriation OF $4,000 to the
Department OF Wharves and Markets, for cleans
ing docks. Agreed to.
Mr.. Marcer, of the Committee on Finance, to
whom was referred the petition of David P.
Weaver, praying that an appropriation be made
Tor the payment of the salary of the Office of
City Commissioner, for the term embraced
between the lst day of January, 1866, and
the 2lst day of August, 1866, made an adverse
report.
The City Solicitor, to whom the Committee
referred the case for his opinion, after reciting
the case, concluded as tollows:-
The question thus presented is whether the
city owes Mr.. Weaver salary as City Commis
sioner for term of seven months and twenty
one days, during all of which time he was con-
fessedly not discharging the duties of the office,
and was not even qualified to do so. Mr.. Weaver
names OF his sure.ies to Councils, did not "duly
qualify" himself 'for the duties of SAID Office"
until August 2l, 1866. In the contested elections
of Mann VS.. Cassidy and Thompson VS.. Ewing.
the duly elected officers received none of the
emoluments of the offices pending the contest,
and | am not aware of any precedent for the
present claim. From the silence OF the petit
toner's counsel | have the right to infer that
their industry has been unable to discover any
case supporting the petition and am, for all
these reasons, compelled to advise the Com
mittee that the petition be reported back to
Councils with an adverse recommendation. The
true remedy for such cases would be the pas-
sage OF law impounding all the fees OF an
Office during q contest. The incumbent would
then share the contestants anxiety to speed the
cause, and no man could then profit by the
fraud of himself and friends. / am, very re-
specially yours,
+. CARROLL BREWSTER, City Solicitor.
Mr.. Dillon, on behalf of minority of the
Finance Committee, made report. 1t states
that whilst in this petition Major Weaver urges
the justice of his claim, he nowhere asserts it as
a legal right.
The minority do not believe that the city de.
sires to make profit from bad mems frauds
and Major Weavers misfortune as the victim OF
these frauds, and therefore recommend the
appropr' ltion he asks. For that purpose they
report the following Tesolution:-
Resolved, That the City Commissioners be
directed and authorized to draw warrant in
favor of David p. Weaver for the sum OF Sl26s
being the amount of salary due while the office
was occupied by Mr. Given.
Mr.. Marcer moved that the resolution attached
TO. the majority report, discharging the com.
mittee from the further consideration of the
subject, be adopted.
The resolution of the majority of the com.
m1ttee was adopted-yeas 27; nays 8.
Mr.. Miller, of the Highway Committee, re-
ported resolutions for the. paving OF Rhoads
street, between Eighteenth and Nineteenth,
with tramway stone and repairing portions of
other streets, which were adopted.