The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-30
CITY INTELLIGENCE.
THE STREETS.
Important Opinion by tho City solicit
tOr-A Question or Paving stones.

tOr-A Question or Paving stones.
City Solicitor Lynd few days ago received
the following not very lucid communication
from the Law Committee of Councils
SELECT COUNCIL CHAMBER.
PHILADELPHIA, Dec. "a, 1885,
JAMES BYFD, ESQ, CITY SOLICITOR
DEAR SIR:-I am instructed by the Committee
on Law TO request your opinion on the follow.
under the Consolidation law to compel the
paving OF Tacony street, Twenty-third ward7
consent to and petition for the paving Of said
street?
done In case sufficient number OF said persons
so consenting withdraw their consent, and thus
Connects pass the resolution ordering the
same TO be done7
tion, and the persons Withdraw their consent
as Aforesaid. refusing TO pay their share, will
tue city be liable to the contractors or can that
be provided for in the oontract2
The street IN question ~ Tacony street, from
Pratt street to - street; and whether ma.
1orlly OF owners signing for paving thereof Is
sufficient to authorize Councils 10 order the
same TO be dOne2
Also, If II requires a majority OF the persons
owning properly on said street, or the owners
of n majority Of feet on said street?
Does the same laws pply to property located
and improved along this street as in the heart
What mower have Councils over the subject
Herewith / send the following. named papers
submitted to the Committee. and made part of
ROBERT BETHELL,
Clerk Committee on Law.
(Here follows a list OF the papers alluded to,
none of which are Of public Inn mportanoe.)
In response. Mr.. Lynd has written the follow
ing opinion, which covers the whole ground OF
the power of Councils in the premises
- Law DEPARTMENT. Dec. y, lS6S.-ro Charles
miSIeo on Law@bear sif"f am h in RI receipt s Of
communication from your committee In regard
;re 10 the paying Win hubble Paysmsns Of rac3pg
Twenty-third ward, in which my opinion Is
ask ed:-
paving of street on the request In writing of
majority of the owners on the line thereof, or
Of the owners of n majority of the feet fronR
Second. II a majority OF the owners sign such
q request, and certain of that majority after
wards Withdraw their consent or request before
the resolution to pave is passed. can Councils
still order the paving to be done at the expense
OF the property owners, or can 10 be provided
In the contract that the city shall not be liable
for the paving?
Third. Do the same laws apply to paving in
rural as In builtup portions of the city?
Fourth. what power has Councils over street
paving generally?
state that the fortieth section OF the
Consolidation act gives to Councils the
the paving Of streets, except at the Inter.
section thereof, shall be done at the expense OF
such work shall be done" 1t was supposed that
the consent of the owners of a majority of the
feet front must be obtained before any paving
could be done at their expense-for which, how
ever, find no law. When this supposition
arose / cannot say. But in 1864 certain parties
had the act of April 3. 1884, p. l.. 32i, passed.
which provides that the request In writing of
majority of the property owners only on the
site to Improve the same, and that ali acts
which conflict herewith be and the same are
Councils therefore have the power to pave a
street at the expense of The properly owners
only on the request in writing of a majority of
the owners along the line proposed to be paved.
In reply TO the second quesl ion, would state
| that am of opinion that before the resolution
| for paving can withdraw their consent, and re.
| ouce the majority in favor of paving to o
minority. Ii is In no sense contract between
| them and the city, ard SEQ no reason why
| there could not be a revocation in this as in
other transactions between men. II q consent
or power to do certain act Is given, and that
act Is done, the consent or power cah be given
In evidence to sustain 1t; but If revoked, unless
| there is an express contract that it Is not re-.
| voksbe, all acts which are subsequently done
which depend for their validity upon that con.
| sent or power are void. l NAV instance as an
| illustration ofthis powers of attorney.
In this case Councils cannot, after this revo
cation, order the street to be paved at the ex
| pense Of the property owners, no matter how
| the contract with lhe paver may be drawn.
that no ahe the foreS secon OF tbe
| sOlidation act and the act of 1854 above quoted,
look to general application to the whole city,
| yet other acts of Assembly look to q discrimi-
| nation between the improved and rural por.
| ions of the city In paving.
! provides "that Councils shall not impose taxes
| upon rural portions Of the city for paving
|
for of at least one.third of the whole city tax
| Subsequent laws provide for a discrimination
! between the burdens on improved and rural
property. The act of April /, 1854 (P. L. 1877,
provides especially that streets In the First,
Second, Twentieth. Twenty second. Twenty.
| fourth, and Twenty. fifth wards shall be maca-
| damized instead of paved.
| The act OF March l3, 1868 (P. l.. p. 3l6), pro
| vides that such acts Of Assembly as authorize
! "the owners of a majority of feet upon streets
| in the city OF Philadelphia to have the same
| paved, be and the same is hereby extended to
| macadamiZing or turnpiking such streets in the
rural wards of said CITY," The act which Is
hereby extended to macadamiZing, ETC., in the
rural wards, as stated before, has no existence.
Notwithstanding, however, that all these laws
| look TO discrimination between the rural and
| the improved portions OF the city, and the
| justice That there should be a difference as to
| paving, the majo jorlty Of property owners on the
line of any street which Is not within the wards
mentioned in the act of April l, 1864 can consent
that consent can order the same to be done and
make the property chargeable for the expense
In reply 10 the fourth question, would state
that have above answered 1t, with the excep-
tiOn as 10 the charges for paving and the char
acer thereof The eighth section OF The act OF
April 2l, 1866, fixed the charge for paving at 81
The act of March 30, 1856 Up. l. 35l), repealed
the Limitation on said charge, and gave Coun-
ellis the power to fix 1t from time to time.
AS to the mode of paving, etc the ordinance
of May 3, 1855, is still applicable.
As TO the character OF paving, the act of April
49, 1867 (P. l.. p. l303), gives Councils the power
to change the charso oter of paving ON any street.
upon the petition of q majority OF the property
JAMES LYND, City Solicitor
THE TEMPERANCE MOVEMENT is being pushed
in effective although quiet manner. A
regular meeting of The association known as
"The Temperance Blessing" was held last even.