Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-01-13
ALLEGHENY'S CRISIS.
Citizens Committee Meetings Bring
ing the Thing to a Head.
TO TAKE NO CENSUS AFTER ALL.
A Portion of What Was Talked About Be-
hind Closed Doors.
OPINION OF GEORGE SHIRAS, JR., ON 1T

| UPlNlVN UF GEUkGE SHlkAS, Jk., VN IL
Gentlemen active in the citizens move
ment against the new Allegheny city char
ter met yesterday afternoon with the
Finance Committee of Councils. S. Watson
presided. Captain w. W. Martin, one of
the citizens. said he had legal advice that
| they could retain the present charter. He
didn't think there was any real difference
between the people and the Councilmen e1-
cept as to what class they should 60 into.
He wanted things done without haste.
Subcommittee to seek legal advice were
appointed. Representing the Finance
Committee of Councils will be Mr.. Lind
sey, Mr.. Drum, Mr.. Wertheimer, with
Controller Brown to act as clerk. The
Citizens Committee appointed the follow
ing: George D. Riddle, w. W. Martin,
William Wilson, William Walker and
Mr.. Watson.
The Citizens Committee at the joint
meeting last night was represented by
Messrs. Martin, Wilson, Walker and Rid
die, while Messrs. Wertheimer, Watson.
Dunn and Lindsay looked after the inter-
ests of the Finance Committee. The meet
ing was held with closed doors and, at its
conclusion. Mr.. Wertheimer said:
NOT TO TAKE A CENSUS.
"I am not at liberty to say what the COM
mittee intends to do about the matter; but I
can say that we will not take any census.
Mr.. Shiras indorsed the opinion of City So
III. i L.,
latter's judgment in the matter in one in
stance. No, 1 cannot say that we will offer
any amendment to the constitution so as to
enable US to either enter the second or third
class without taking census. What the
Citizens Committee intends to do will be
settled at the meeting Monday. 1t will be
decided then whether anybody will be sent
to Harrisburg or not. If course something
will have to be done, as Mr.. Shiras ex-
plicitly states that it is compulsory for the
city to be either of the second or the third
class"
City Solicitor Elphinstone said: "It is
not necessary for us to offer any amendment
to the constitution; neither is it necessaryto
take a census. IT the committee decided
upon the former it would take five years to
put it through. 1t would have to go to two
Legislatures and be submitted to the people
to be voted upon. We can 60 in under the
classification of 1880, and enter the second
or third class, just as we choose. The
matter will probably be settled Monday"
THE OPINION OF MR.. -sHIRAs.
In accordance with the action taken in
the afternoon the joint committee represent
ing the Finance Committee and the citizens
meeting called on George Shiras, ESQ.,, in
fha w nd
Watson had been engaged at the suggestion
of the citizens meeting. Mr.. Shiras had an
opinion ready for the committee, and after
brief discussion of an informal nature, Mr..
Shiras gave his views in writing as follows:
Recent decisions of the Supreme Court, de-
claring the act of May "a, 1887, entitled "An act
dividing the cities of this State into seven
classes, ETC., to be void, as repugnant to those
provisions of the constitution which forbid
special or local legislation respecting the char
ters of cities, bor0ughs and villages, seem to
render it necessary for the authorities and citi.
zens of Allegheny to carefully consider the
legal position of that city.
Under the provisions of the act of MAY o.
1874, entitled "An act dividing the cities Of this
State into three classes, etc." Allegheny ranks
as city Of the third class, and 1t has been sup.
posed by some that Allegheny, which has here
tofore subjected herself to the provisions of
that act might yet do so by following the di
rections Of Its fifty-seventh section. 1t would,
however, appear that the Supreme Court have
held the fifty-seventh section to be imperative,
the law or to decline to be affected by it.
Whether the entire act of 1874 is to be
regarded as void, 1t is not necessary now to |
consider, though incline to the opinion that,
in view of the case of Wheeler against Phila- |
delphia, in which the Supreme Court expressly |
upheld the power of the Legislature to divide |
the cities of the State into three classes, and |
in view of the large body Of municipal ordin.
ances and contracts created on the strength of |
ing it, that the validity of that act, in its sub
stantial provisions and particularly in respect |
to its classification OF cities, would still be
maintained
Regarding Allegheny as a city of the third |
class it is plain that she is deeply interested in
the legislation that is proposed to affect cities
of that class Such legislation, If enacted, will
necessarily apply to Allegheny, as the act will
not contain any provision giving cities an
option to accept or reject the legislation
1t has been suggested that, by special
census taken Of her inhabitants, Allegheny
may be brought into the second class of cities,
and thus subjected to the provisions of the
statutes regulating affairs Of that class.
OF LIVE INTEREST ANYWAY.
Whether municipal organization under the
present law regulating the affairs of cities of
the second class, or under a new law now pend
ing to suit the emergencies of the cities of the
third class, would best suit the city of Allie
yheny, is a question upon which venture to
give no opinion. But it seems to me entirely
clear that common prudence requires the city
Of Allegheny, if she elects to oremain where she
IS as city of the third class, to take lively
interest in the bill now pending in the Legisla-
;ure respecting cities of the third class She
,annot elect to exclude herself from such a
dill if enacted into law.
In the present condition of affairs regard
as an existing city of the third class,
md If no further or other legislation was to be
lad introduced and promoted by other munich
necessity for Allegheny to interest herself in
my immediate change OF the laws. But it hap
)ens that several other cities. whose charters.
organized under the act of 1887, have been
tricken down by the decisions above referred
Ire. at its pending session, to pass an act under
which they may validity organize themselves as
titles of the third class: and it is not to be ex.
'ected that any successful opposition can be
made to the passage of such a law.
Allegheny must, therefore. as view it. elect |
ither to remain city of the third class, and
ubject to such law as the Legislature may
nact regulating cities of that class, or promote
he passage of a law enabling her to become
THAT her population is sufficient to entitle her
o he-a city of the second class.
Respectfully yours, GEORGE SHIRAs.
The committee, after hearing the opinion,
djourned until tomorrow evening, when
he opinion of D. T. Watson will be ready.
dr. Shiras, in declaring that Allegheny
must elect to be city of the second or !,
bird class, indorses the opinions given by
Y. B. Rodgers and City Solicitor Elphin-
tone. AS the Senate Committee on Munich
al Affairs meets on Wednesday to take
ction on the classification act now pending,
is necessary for Allegheny to move
romptly. The representatives of the
mailer cities are already in Harrisburg.
nd their demands for legislation at once
,ust be complied with. 1t is probable that
t tine committees meeting tomorrow night
representatives. for Allegheny will be
elected to appear before the Senate Com
littee on Wednesday.
A Good Place to Emigrate To. Z
IBY CABLE TO THE pIsPATcH.l
TONDON .Januarv 19-Tba ,oaoo1a xrbo |