The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-26
FIRST EDITIO N
LEGAL TNTELEIGENCE,
THE REGISTRY LAW,
Judge Peirce Grants a Mandamus
Compelling the City Commis-
sioners to Comply with
its Terms.
Ueurt Of Common PIens-.Indge reirce.

O1Mft Gt Common FIcuS-Judge FclrCe.
The se'cG the City Commissioners wes resumed
CITY Solicitor Barger made return to the alternative
mnndamus as fOlows:-
The respondents say, list, That by section of the
act of April 2 1858, it is provided, THAT no debt or
contract hereafter incurred or made shall be binding
upOn the city of Philadelphia, unless authorized by
law or ordinance and an appropriation sufficient
to pay the same be previously made by Councils.
Pr6Utded That persons claiming unauthorized
debts or contracts may against the person
or persons Illegally making the same That by
section of said act of April 81, 1885, 1t is provided
that the City Commissioners of the said city here
after chosen and that no debt shall be
contracted or warrants drawn against the city by
said Commissioners except for purposes legally
authorized and not to exceed the appropriation
heretofore made by Councils. That by section 26 of
the act Of May 49, 1856, It is provided that thereafter
all goods, merchandise, and other articles OF any
kind, and labor and service required for
the city of Philadelphia, in any department
thereof, shall be purchased or contracted for
only in such manner as shall he provided by Ord-
nance ana ior tnat purpose pc tnG Councils OF sad
manner and time of making the yearly estimates by
the several departments OF said city, and Of recey
ing proposals for such supplies as aforesaid, which
proposals shall be prescribed by advertisements and
contract shall be awarded to any but the lowest
bidder, who shall give the requisite security there
for"
That by section Al of the act of April H. 1862 under
which the present application is made it is provided
"That it shall be the duty of the Councils of the
city of Philadelphia to fix the amount Of county tax
to be assessed personally and individually on the
qualified electors of the said city, alta rate sufficient
to provide for the payment of all election
penses in the said city and no part of said tax
assessed and collected shall be applied to any other
purpose, and the said Councils shall appropriate
annually a sufficient sum for the said purposes, and
the City Commissioners shall furnish all the books,
blanks, stamps, stationery, and materials necessary
for the purposes of this act, which shall be paid for
out of the appropriations to be made as aforesaid
That no appropriation whatever has been made by
Councils providing payment for the books, blanks,
stationery, and materials which the REALTORS de-
mand that the respondents shall furnish under said
section IL OF the act of April H. 1869.
That the respondents are advised, in view of the
premises that any contract entered into or measures
taken by them for the purpose of furnishing the
said books, blanks, stamps stationer, and materials
demanded by the said writ of alternative mandamus
would be unauthorized and illegal.
(Signed) DAVID p. WEAvER,( citv Con,S
JOHN p BALLIER, ! oA'9 0'iiA o
Mr. Dropse demurred to this action, and in addi-
tion to the argument heretofore advanced submitted
that the Act Assembly could not be nuitied by an
ordinance of Councils. In fact, any ordinance or
acts in contravention to this Registry law were un
Philadelphia and the Allegheny tax case, were re-
ferred to, and 1t was contended that the City Com
were state officers as o% wen as
allege in their answer that they could not
obtain the necessary money unless appropriated by
Councils. The acts of the courts with reference to
the South street bridge were referred to, anG Mr..
Dropsie held that by the refusal of the Commssion-
ers to comply with the law the citizens of Phiadel
phia may become DISTINGUISHED.
Mr. Barger declared that the Commissioners were
desrous of conforming to the law, but their great
trouble was the amount of responsibility they ought
to assume in the face of the different acts oflAssem
bly,. He still thought the remedy was against Coun-
ellis, who should be commanded to make the appro-
priation
Judge Peirce said he had doubt the Commits
sioners were actuated by right motives III this
matter. Their position was one or dellcacy, and
would naturally cause them to pause before taking
step in the matter without having some construction
of the law 1t was his opinion that the Commission
ers were bound under the law to furnish the books
and stationery, and If Councils should hereafter re-
fuse to make appropriation the Courts could COM
pei payment by the City Treasury. The peremptOry
mandamus requiring the Commissioners to furn sh
the articles as required by law was granted.