Daily Republican., 1882-09-15
Is the sole object of the
taxation. City Council ia May receiy-

v WAS ALtoE EWAEub uXou JnhL LuH III
cessary amount might be raised to me,
the appropriations. This balance Of $40
} 600 due on account of Loan No. 80 /
3 neither an Arpropriationnorin the natu1
3 of an appropriation, nor is there an
appropriation to which 1t could
charged, as section 48 of the Cit
Charter earessly says:
mo money sh sll be paid from tn
treasury unless the same shall hav
been appropriated as aforesaid" an,
not only makes the City Treasurer fo
the violating of this provision subjec
to fine but makes his securities liab
for any moneys 30 paid. Council mad
no appropriations to meet the call fo
the $40, 900 at the proper time, If 1t hat
the power it cannot possibly do 80 nov
for the time for making appropriation
for the present fiscal year is past. There
Ia In point Of fact no way in my bes
Judgment, by which Council can proper
ly and legally pay this balance durinf
the present fiscal year of the Genera
Assembly. This is q case of misap-
preparation of funds, q diversion of q
portion Of the proceeds of bonded debt
to objects for which they were never in
tended, by body which was not au-
thorized TO expend them In any manner
and now without any power OF its own
ut least during the present fiscal year to
replace them. have given this mat
ter as careful and painstaking consider.
alton as can, and can come to no
other conclusion than that it is neces-
sary to have legislative intervention to
enable the City Council to properly and
legally order the payment OF the $40, 900
balance due the Board of Public Edu.
cation from Loan No. 80, du.ing the
present fiscal year.
With much respect have the honor
to be your most obedieut servant,
HENRY G. TURNER.
City Solicitor.
The committee reported in favor of
endorsing the opinion or the Solicitor
and the report was adopted.
The City Treasurer reported bal.
ance of $139, 398. 40 in bank to the credit
of the city.
The Chief Engineer of the Water De.
partment reported that he had forty
two men employed with pay roll
amounting to $369,76.
The Street Commissioner reported
that during the past week he had thirty
four men and seven teams employed In
cleaning, opening and repairing the
streets and cutters of this city with q
pay roll of $252 "a.
Com mmunications and petitions were
received and referred as follows:
For two lamps on the west side of
Market facing Second.
For the laying Of iron cutters at 9Th
and Monroe streets.
For the laying of pipes on Lombard
street.
A petition was presented signed by
Cooling Brothers, Barkley & Brother
and forty other property owners remon.
strating against the erection of tele.
phone and telegraph poles on French
street below Tenth and requesting
Council to prevent the erection of the
same.
Mr.. Quinn moved that the prayer of
the petitioners be granted.
Mr.. Beecher was 10 favor of the mo-
tion and said that permission had been |
granted to Mr.. WestbroOk to erect poles
on French street from Tenth to Six
teenth streets, but now he was going
beyond that permission and erecting
them all the way down French street.
Mr.. Paynter was in favor of ascer-
tanning whether Council had the right
10 grant permission to any person to
lisfigure and injure another mans
property. He contended that 1t was
wrong TO give authority to Mr.. West.
brook or any one else to dig a hole in a
mans pavement, perhaps in front of
lis door, and then erect an unsightly
pole.
Mr.. Quinn agreed with Mr.. Paynter
md was opposed to having the poles on
he streets, aud questioned the right of
Jity Council to grant permission to
,lace them there.
Mr.. Bailey moved to amend Mr..
luinn's motion by adding that the
Street Commissioner be instructed to
prevent the parties erecting any poles
N French street below Tenth. ,
Mr.. Moore moved to still further,
mend, to refer the whole matter to the I
street Commissioner which was declar- ,
d out Of order. Mr.. Moore then said
hat he had conversation with Mr.. .
Vestbrook, in which that gentleman
ad informed him, that last October i
'OunCil had granted him permission +
D erect telephone poles on French ,
treet from Tenth to Fourth street. He +
hen moved that the whole matter be
for one week to allow time
Or Investigation. Upon a vote being
AIKEN on the motion to postpone it was
Ost by II nays to s ayes.
Council then on motion of Mr.. Talley !
Ook recess of the minutes to allow !
be clerk to examine the minutes, and .
90 if any such permission had been =
Tanted in October.
At the expiration of the time Council
and the clerk reported
hat there was nothing on the minutes
)r that month to show that any such
ction had been taken.
The question was then taken on the I
lotion az amended and 1t was lost. 4
On motion of Mr.. Quinn the whole
natter was referred to the Street Com
littee, and the Street Com missioner
'as instructed TO stop the putting up a
any more poles below Tenth street t.
ntil the case was fully Investigated "
nd the opinion of the City Solicitor n
btained. Il
A communication from the Trustees y
Trinity Chapel, on delaware avenue ~
nd Adams street, for refunding by Il
ouncil Of $96, SO, taxes levied IN ex- =
npt property, was referred, as were ~ ~
otitions to continue the sewer on Della. VI
are avenue and Sixteenth street; by
oseph Tatnall for water pipes on
and Tatnall streets; by
[r. Dilworth to set 102 feet ofcurb on "
ackson and Syracuse street. N
Mr.. Newell novel that when Coun- tt
| adjourn 1t be until Saturday for the u
lrpose OF meeting at Chestnut street b.
i'd Maryland avenue at 8 o'clock to cs
famine inCo the condition of build IL
g which was in a dangerous condition 1t
wing to the clearing out of the run be. 81
satn 1t.
rhe motion was carried by q vote of 9 IL