Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-03-12
LOCAL INTELLIGENCE.
BELGIAN BLOCKS.


AhE NORTH QUEEN STREET CONTRACT
Bill of Equity to Restrain the Street Com
mittee-SuDscriPtiOns to Pave
the second square Of North
Queen street, Sc.
As announced in the INrELLIGENCER of
Wednesday, the street committee has
made contract with Messrs. Cunningham
and McNicol for paving North Queen
street from Centre Square to Orange street
with Belgian blocks, on the same condi-
tlons that East King street and Centre
Square were paved by the same firm. We
are informed that the contract has been
duly signed, and the contractors bava
given bonds for tho faithful performance
OF the work. The street committee claim
authority to make the contract by yirtue
of the resolution passed by city councils
authorizing the paving Of East King street,
said resolution authorizing the paving Of
other streets on condition that the prop.
erty owners thereof subscribe and paw 50
per lineal foot Of their respective fronts
along the streets to be paved.
On the other hand, Mayor MacGoniele
and many citizens and members of city
council contend that the street committee
have no authority to make such contracts.
and they are taking steps to prevent the
street committee from proceeding with the
work. The following bill in equity has
been framed and presented in court:
In the Court of Common Pleas of LAM
caster county, sitting in Equity, between
John L. MacGOnigle. Mayor Of the CITY
OF Lancaster, and William Millar. =
citizen of the said City of Lancaster, and
an owner and holder of real estate within
the said City of Lancaster and a taxpayer
of the said city, and r. w. Shenk, John
A. Boring, William Sales, Hubert f. An
dersOn, Henry Doerr, Amaziah G. Barr.
Thomas Hays, Philip Lebzelter and viii
liam ID. Sprecher, the Street Committee of
the Select and Common Common Councils
OF the City of Lancaster, and Thomas Cum
ningham 4 Daniel McNichOl, partners
trading as Cunningham & McNichol.
The said plaintiffs complain and say:
l. That John Il. MacGonisle is the
Mayor of the City of Lancaster, PennsyI-
vania, and that William Millar is !.
citizen of the said City of Lancaster, an
owner of real estate therein and tax
payer to the said city.
2. That by the 23d Section of the Act of
the General Assembly. approved April ),
1867, +. l.. 1867, page 7S:, it is, inter alin,
made the duty Of the Mayor of the City Of
Lancaster to be vigilant and active in caus-
ing the laws of the Commonwealth and the
laws and ordinances Of the said City to be
executed and enforced therein.
That Inv tho co.k;n,> .>f H. .,;.A
act of the general assembly, approved
April 5, 1867, it is provided
That the several departments of the
said city shall annually, OH or before the
stated meeting in the month of June. pre-
sent estimates to councils of the probable
amount OF receipts, and of the amounts
that i'll their judgment will be required
during the currant fiscal year, for the pub,
lie service in the several departments re.
spectively; and the said councils shall i'm
metliately thereafter proceed to apprOpri
ate the public money, by ordinance, to the
several departments for the currant fiscal
year for the payment of loans to meet the
expenses of the city, and the making of
such improvements as they may deem nee
essary, and the amount SO appropriated
shall be disbursed in such manner Us cOun-
ellis may direct, from time to time, by joint
resolution during the year,
4. That by the 4th Section of the Act of
the General Assembly, approved March Is,
1855. p. l. 1855, page 81, it is provided:
''That the Mayor, Aldermen and citizens
of Lancaster, in Select and Common Coun-
ellis assembled, shall not, in any case. au-
thOrize the borrowing of any money, for
any purpose whatever, whereby the aotua,
Indebtedness of the will be Increased,
unless it is authorized by ordinance, regu-
larly presented and passed Prorided, that
the said ordinance shall not pass the final
reading within two weeks from the meet
ing OF councils at which the same was pre-
sented.
5. That by the 9Th Section Of the said
Act of the General Assembly, approved
March 10, 1855, it is provided
THAT the Mayor, Aldermen, and citi-
zens of the city of Lancaster, in Select and
Common Councils assembled, shall not
have the power or authority to erect, con-
struct, or make any public improvements
for the benefit of the said city, where the
expenditure thereof will exceed the sum of
three hundred dollars, unless the erection,
construction, or making of the said public
improvements is first authorized by an or
dinance, passed for that purpose, agreeably
to the provisions of the fourth section Of
this act. Provided, That this section shall
not be construed so as to apply to the
erecting, constructing, and making of
such public improvements as are paid out
of the regular annual appropriations"
6. That by the 7th Section of the Act of
the General Assembly, approved May 23,
1874, P. L. 1874, page $50, it is provided,
"NO money shall be paid out of the city
treasury except upon appropriations made
by law, and on warrant drawn by the
proper officer in pursuance thereof
Z. That by the 18th Section of the said
Act of General Assembly, approved May
%, 1874, it is provided
THAT no money shall hereafter be bor-
rowed on the faith and credit of said cities,
unless the ordinance or other authority au-
thOrizing the same shall have been intro
duced at one stated meeting of the com
mon council, and the draft thereof pub
lished in at least two of the newspapers of
the city, daily, four weeks before the final
and passage thereof by the
said common council aud at any stated
meetings of the select council held at least
one week after the final consideration of
any such ordinance by the common cOun-
ell, the select council may consider and act
upon any such ordinance but the select
council shall not originate any ordinance or
other authority for borrowing money; and
no loan shall be authorized without vote
Of twO-thirds of the whole number of men,
bery OF each council And prOrided also,
That the specific purpose or purposes for
which the said loan is authorized shall be
distinctly set out in the said ordinance,
and that the mOneyS received for said loan