Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-05-21
TH OITY FATHERS.

TH CITY FATHERS.
Special Meeting Of Councfls-rAs General
ARRroPsAdea Ordinances Passed
Tho GA, 600 Loan Postp0nod.
A special meeting of select and common
councils was held last evening for the pur-
pose of considering an ordinance creating
a loan to pay street deficiencies, and also
the ordinance making the annual appro-
priatiOns.
Select Council.
The following members were present:
Messrs. Doerr, Franklin, Judith, Sales,
Shenk, Zecher and Evans, president.
The president having stated the objects
Of the meeting, Mr.. Zecher arose to in
quire whether the proposed loan of s15, 900
could be legally contracted by the passage
Of an ordinance.
The president said,he thought the money
could not be legally borrowed in the way
proposed. That was his decided convic-
tion, but it was for councils and not for
him to determine the matter.
Mr.. Zecher moved that council proceed to
second and third reading of the ordi-
nance appropriating the public moneys to
the several departments for the ensuing
fiscal year.
The ordinance was read a second and
third time and passed item by item, Mr..
Shenk objecting to the amount appropri-
ated to the sinking fund as too large, also
to the state tax on loans, and to the dis
tinction made between laborers and contrac-
tors in the item appropriating $1,000 to
pay for work done by the former, while
the latter are left without an appropria-
tion. He thought all the creditors of the
city should be treated alike, and while he
wanted to see the laborers paid, he be-
lieved an appropriation should be made to
pay the contractors also.
After some further remarks the ordi
nance was passed by unanimous vote
yeas Z, nays none. The text of the ordi-
nance will be found in our adverti sing
columns
A ordinance creating permanent loan
of $4,000 was received from common
council.
Mr.. Shenk moved that select council
proceed to consider it.
Mr.. Zecher presented the following opin-
ion of the city solicitor on the subject,
which was read
LANCASTER, May 20. 1880.
Geo w Of s Ell 1ex%n ee % the
DEAR SIR In answer to your request
for an opinion as to whether the councils
of the city can legally increase the city
Indebtedness to the amount Of $4,000,
would respectfully say:
That the new constitution, article 8, sec.
8, and the act of Goth of April, 1874, sec.
and 2, provide that the debts of municipal
tiles shall never exceed seven per cent
upon the assessed value of the taxable pro-
perty therein, and that no new debt or in
crease shall be made to an amount exceed
ing two per cent of such assessed valuation
without the assent of the electors at pub.
lie election.
A calculation will show that the seven
per cent of the assessed valuation of the
taxable property has not been reached by
the city, but it will also show that the pro-
posed loan will increase the debt contracted
since the adoption of the constitution be-
yOnd the two per cent mentioned above.
1t therefore cannot legally he made with
out a vote of the people and majority at
such election in favor of the increase.
Nor can the sums paid into the sinking
fund be deducted from the amounts bor-
rOwed by the city to reduce this indebted
ness. The sinking fund is separate and
distinct from the ordinary treasury fund,
is inviolably pledged to the payment of the
bonded debt, and it can neither be dimin-
ished nor abolished by the councils. See
act Of April 7th, 1858, sec. 3. Also new con-
stitution article 9, sec. 10.
The act of Assembly and the constitution
both contemplate a period at which there
shall be a final extinction of the entire
indebtness, which period would never ar
rive if the sinking fund could be constant
ly deducted from the liabilities. 1t seems
to me that there is but one recourse and
that is to the people. Yours &C.,
CHAs. /. Lands,
City Solicitor.
A colloquial discussion ensued between
Mr.. Shenk and the president, the former
affirming and the latter denying the power
of councils to contract the proposed
loan.
Mr.. Franklin moved that the considera-
ton of the ordinance be postponed until
next stated meeting. The motion was
agreed to and council adjourned.
Common Council.
All the members were present, except
DR.. Davis and Mr.. Hartley. The clerk
read the call for the meeting, stating its
object, and council Immediately proceeded
to second and third readings of the Ordi-
nance authorizing the issuing Of a perma-
nent loan of SIS, 900 to pay for Belgian
blocks, macadamizing certain streets, la
Dor, material and other street work, up to
June 1. On final passage all the members
voted for the bill, except Mr.. johnson, the
only episode in the proceedings
being Mr.. Franklin's objection to the
phraseology of the second section, he
making the point that it did not limit with
sufficient precision the powor of the mayor
to use the money thus raised for the pay
mcnt of work done up to June 1. This
precipitated a rather lengthy debate par
ticipated in by Messrs. Hays, Brown,
Poor1 Io1,pcor NoN,,l1o,, opI ofhorc