The state journal. [volume] (Harrisburg, Pa.) 1883-1885, 1883-12-15
MATTERS C0UNCTLMANIC.
TIE CITY LEGISLATURE IN SESSION
MONDAY NIGHT.
The City Solicitor Gives an Opinion Re
garding the Grading of Streets-Presi-
dent Hutton on ThrottIing an Infant
Industry-The New License Tax
Ordinance-Sewer Matters.

| Ordtnance-SeWer MatterS'
| Common council met in regular stated
| meeting at 100 P. NJ, Monday, all the
members beng present except Messrs.
Drinkwater, Fleming, Sible, Meyers and
Walters
The following communication was read
from the City Solicitor and ordered to be
filed:
HARRISBURG, Dec. 10, 1888
DR.. John O. Hutton, President Of Common
Council.
DEAR SIR: On November 18th the
Common Council resolved to request
my opinion as to the legality of
grading of streets under ordinances No.
552 and 573, file of Common Council, and
supplement thereto. Ordinance No. 552
and ordinance No. 573 have been certi
fed to me with the resolution. Ordi
nance No. 573 appears from its title to be
supplement to ordinance 552. |
know Of no other supplement. No
fact is mentioned in the resolution
upon which to state an opinion. They
seem to have been referred to the
solicitor to find some legal reason against
the grading of the streets as the ordi-
nances provide The only objections
which have been brought to my atten-
ton as seriously urged against the ordi-
nance is the coupling of two or more
streets together. But where an ordinance
provides one general plan and scheme for
grading and the streets intersect one
another this election is not well
taken. The ordinances must be read
and taken together as one. 1t embraces
but one subject which is clearly ex-
pressed in its title But the ordinances
embrace as streets to be graded a portion
Of Berryhill street and a portion of
Swatara street, from Hummel to Four
teenth, which have no existence, except
upon the official plan of the city, and /
am constrained to say that to that extent
the ordinances begin at the wrong end.
1t will be safer for the interests Of the
city to delay the grading of streets entire
until they are properly opened.
Very Respectfully,
THOS. S. LARGEST,
City Solicitor
A communication from John B. Simon
and Mr.. Weirman in relation to Il sewer
across Walnut street, at Tenth. was re
turned from the Highway Committee
with a recommendation that a cement
pipe sewer be laid across said street.
Mr. Bay, chairman of the Ordinance
Committee, returned the ordinance pro
hibiting the erection Of wooden buildings
in the Fifth ward with favorable report
thereon, which was laid over for printing.
Mr.. Wilson presented petition asking
for lamp post on Margaretta street, be-
tween Calder and Reilly. Referred to
Gas Committee.
Ordinances Nos. 573 and 587, in refer
e1ce to grading streets in East Harris
burg, were postponed for the present.
Ordinance No. sol, file of common
council, relative to the levy and collec-
ton of taxes, was read a second time.
Several amendments were offered to les
sen the tax on electric light companies,
which was fixed in the ordinance at 5000.
The propositions to so amend excited
long and warm discussion, in which
nearly every member participated.
President Hutton made scathing speech
in which he denounced councils for
their efforts in the interest of old
fogyism and attempts to throttle
an infant enterprise by heavy burden of
taxation. He claimed that 5000 was eX-
cessive in comparison with other corpora
tons and hoped Council would not lon
ger array itself against progress and on
the side of oldfogyism. He waXcd quite
eloquent in his defense of home enter
prise. Mr. Mather treated Mr.. HuttOn's
remarks rather sarcastically, and said
company that could be 50 easily throttled
ought to suffer. The tax on the Western
Union telegraph company was tixedat $500
instead of $780, Allother telegraph lines
employing more than two operators were
taxed $780, The ordinance then passed
second reading and was laid over for
printing.
Ordinance No. GIG, authorizing and di
recting the Committee on Highways to
remove the old basin and other extra ma
terials from the old reservoir ground, was
passed finally by vote of q yeas to 2
nays.
The special committee on bridges and
gates at railroad crossings made verbal
report, which was that bridges would be
erected by the Pennsylvania company,
where necessary, and gates put up by
the Cumberland Valley, but that some
more definite arrangements had to be
completed before the work could proceed.
Mr.. Mather presented a resolution di-
recting the City Treasurer to furnish the
Mayor with list of all persons who have
failed to take out a mercantile and wagon
license for the year 1883, and the Mayor
to proceed against all such persons. 1t
was adopted.
The same gentleman presented a reso-
luton requesting the City Engineer to
complete the sewer and water pipe maps
of the city, which was adopted and sent
to Select Council.
Mr.. Ettla presented q preamble and
resolution in reference to the grading and
fitting up of the new reservoir ground.
Adopted and sent to Select Council.
Mr.. Weikert presented a resolution to
remove telephone pole from the corner of
Fourth street and Granite avenue.
Adopted.
Mr.. Miller presented resolution to
have crossing laid on Third street, be.
low Mulberry. Referred to Highway
Committee.
Mr.. Weber moved to reconsider the vote
taken on ordinance COS, file of Common
Council Gin reference to water pie assess
ments), which motion was agreed TO.
The ordinance being again before Coun-
Gil and on the adoption of the same, the
yeas were IA; nays 10. Defeated.
Mr.. Ettla' resolution with respect 80
+ba nauv marriott houcpc Vas amended