Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-06-24
CITY COUNCILS.


councils was held last evening.
Select Council.
Select council was called to order by
President Evans with the following men,
bers present
Messrs. Boring, Eberly, Franklin. Ju-
dith, Sales, Shenk, Zecher and Evans,
president.
The president stated the object Of the
meeting.
Mr.. Shenk moved that the clerk read
the ordinance authorizing loan of s15, 900
a second time. The motion was carried
and the ordinance read, together with the
endorsement upon it, showing that it had
been passed by common council, finally, on
May 90.
Mr. Shenk moved that it be read third
time, and on this motion debate followed,
Mr.. Eberly was in favor of having all
the debt paid, but he understood that this
ordinance was for $4,000. In 1874 our
debt was s4s2, 1886, and under the new
constitution we had power to increase it
two per centum on the assessed valuation
of the property, real and personal. Now
did we increase the debt since that time
two per centum. He thought it had been
increased to within 1880 of the limit if
we take the assessment of last year.
This case is clearly settled in the case of
Wheeler ct. al. VS.. the city of Philadel-
phia. The city wished to borrow So, OOO,-
600 for sewers, etc. The court adjudged
that the debt could be only increased two
per ccntum and over that to seven per
centum, it could not be increased with
out vote of the people. In 1874 onr debt
was four per centum, We have increased it
two per centum, and cannot increase it
the other one per centum without a vote
of the people.
MIR. Shenk said that different people in
terpreted this law differently. He had Mr..
Atlee's opinion that the debt of "a was
the debt we must go by and we can in
crease it two per centum over and above
that. He wanted this opinion read, and
placed among the records.
The clerk read the opinion as follows ::
LANCASTER, Pa. June ), 1880.
Il. ". Shenk, esq.,:
My DEAR SIR : In regard to the matter
concerning which you have consulted Inc
am of opinion that the total Indebtedness
of the city of Lancaster on January l,
1874, is to be considered ; both funded and
unfunded indebtedness. The fact that un-
funded indebtedness of that date was after
war6s funded does not alter the fact shat
the debt was then January 4, 1874, } in
existence. AS well might you add the
loans made to pay old loans falling due as
count this.
Yours, very truly,
WM. A. ATLEE.
Mr.. Shenk then argued that after all
the debts contracted before January 1,
1874, had been paid, the city could in
crease it's debt two per centum, and that
councils had yet margin of about
1000 to work upon. In answer to MIR.
Eberly, if that gentleman knew that the
debt could not be increased, why did he
vote for the work that is not yet paid for.
1t is not disputed that the work was done
by the street committee in all fairness, and
knowing that the debt was fair one, he
would vote for the ordinance.
Mr. Eberly asked Mr.. Evans for his
opinion on the subject, and Mr.. Evans
said he would give it if Mr.. Ebclly would
take the chair. Mr.. Eberly did SO, and
Mr.. Evans began by saying that he was
anxious to have the debt paid, but he
would not knowingly vote in violation of
the law.
Mr.. Shenlz interrupted him to ask why he
voted for the work knowing this.
Mr.. Evans replied that there were other
ways of paying this debt. Then he pro-
ceeded to argue that the debt could not be
increased more than two per centum. after
January 1, 1874, and that it had already
been increased to nearly that amount. He
enumerated the loans that had been made
since then and they amounted to s219, 200,
500. 600 of which had been borrowed in
rs to fund the floating indebtness. Two
per centum of the valuation of the property
is s224, 200, and taking s219, 200 from this
leaves s4, 800 that may yet be borrowed
legally.
Mr.. Shenk asked if part of this money
was not used to pay debts contracted in
1878, and Mr.. Evans answered no. Then
Mr.. Shenk read bills approved by the water
committee in 1878 to the amount of over
SO, 900 and argued that that amount of
the loans made since 1874 was used to pay
these debts. And as we can increase the
debt two per centum over the debt as it
was on January 1, 1874; VIC can yet bOr-
row $50, 900 or $4,000.
The ordinance was read third time and
on ;tc final M SSa re adOnfed nv the follow
ing vote:
Yeas-Messrs. Boring, Franklin, Judith,
Sales, Shenk and Zecher.
Nays-Messrs. Evans and Eberly.
In casting his vote Mr.. Zecher stated
that he was not sure from the arguments
that they could borrow the money legally,
but as he voted for the work he would
vote to pay for it
The ordinance as adopted is as follows
An Ordinance
Il uthOrizing the issuing of permanent loan for
the payment Of dU bills contracted by The city
Of Belgian Block Pavement, Macadamizing
certain Streets in said city, and for LABOR,
Material and General Street Work.
SECTION l. That from and after the pass
age of this ordinance for permanent loan
for the payment of all bills contracted by the
city of Lancaster up to June 1880, for the lay
ing of Belgian block pavement, matchmaking
certain streets in said city, and for labor, ma
the city of Lancaster IS hereby authorized and |
req uired to issue coupon bonds or certificates
of Indebtedness of the cityof Iancaster,in in such
the same in the sum of fifteen thousand dollars |
(Sl5 OOO): said bonds to be in denominations OF |
five hundred dollars $500 and SAID certificates
(SlOO) and multipleS of one hundred dollars