Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-04
THE EXECUTIVE PEN.
It Has Not Yet Touched the Diamond
Street Improvement Bill.
THE MAYOR NAY NOT SIGN IT,
Allowing the Ordinance to Become Law
Within Ten Days.
W. J. HOwARD'S PROTEST SERVED

1t is difficult to say what Mayor Mccall
lin will do with the Diamond alley widen
ing ordinance. To a DISPATCH reporter
he said yesterday afternoon thst be had not
even read the ordinance and didn't know
what he would do. He added there was no
hurry about it, and he intended to take his
time. To another gentleman, it is alleged,
the Mayor said yesterday that he had not
signed the ordinance, and that he didn't think
he would sign it. He did not say, however,
that he would veto the ordinance. He may
allow 1t TO besome a law without his signature
A voluminous remonstrance. addressed to
Mayor McCallin by Mr.. W. J. Howard repre-
senting the Howard estate, was read by His
Honor yesterday. Its salient features are as
follows:
MR.. HowARD's PROTEST.
The impression has been created that the i'm
provement is desired by theowners OF the prop
erty on the second square: that the advantages 10
them great that they are willing to have
their property appropriated and pay their share OF
the damages to arise therefrom. This Is true to
the extent that the original petitions of property
provement Ia copy inclosed herewith) number Is,
representing about SIS feet 'front.' out OF total OF
653 feet. Of these l5.owners, 10 of them, repre-
senting about 4S feet have acquired titles 70 the
property between January ana from 1o1 wapt of
time TO f3Iiy inyestigate them) but are derived
hoard oe Ie%e9s and he record Of deeds in the
Recorders Qnice "a memorandum OF mhlcn Is IN
tePmine Whether this movement has its origin and
propelling power in disinterested love for the
ERennTes tne ap3ropriaion of private property for
public Improvements it can, and should, be taken
icing given therefor. But in a case where real
estate trusts or ''syndicatesn are formed for
real o. suspected purposes of private proht or
speculation, whether at the expense of tie city or
few of its citizens, and under any prete1t ana
representations Ii should be resisted at every step
Allow me TO cali your attention to section g.,
article l6 of the Constitution of the State. 1t re-
Quires municipality, in taking private property
iST ued or 6y the
strIetion or enlargement of these works and
or secured before such taking, injury or destruc-
tion.''
Works. within 60 days from its passage. to survey
and widen two squares of the alley, and open the
that the damages to be caused thereby, and the
benefits to pay the same, be assessed ana COL
May l6, 1889.
QUESTION OF DAMAGES.
The first section of said act provides that be-
fore any street alley shall be opened for public
use, and before any private property shall be
taken for the purpose aforesaid, all damages
which any owner of property may sustain, or be
likely to sustain, shall first be ascertained and
Maid as hereinafter directed.'' The eighth
lion OF the act requires the Viewers, after
abIy Justly, and without partiality, assess the
same upon the properties that may, or VIII likely,
.sCompensstion'' means money. and '.pay--
ment'' or security tor payment are words OF
assessed upon the lots OF some other person com
pensation'' or money or even security True,
wears of litigation for it is very rarely the person
who has ''beneft'' thrust upon him, sees its
viewers who bestow it. And If so, and AS collected,
how shall they be distributed among those en-
30 days after refusal to pay and they are filed in
court. And who shall say how many mortgages
and liens exist to-day upon property that may be
liable for benefits
Your Honor will bear in mind that this is not an
ordinance 10 pave grade, curb or sewer a street,
where benefits are properly applicable to the lots
benefited, but 1t is one which takes . feet Of pri-
vaie property from two squares oil the thlekly
built up portion of the city, every foot
%arehoases, vi houses or ~ Valuable improvemenis.
These all TO be torn down or dtsmantled. OWL
tisue' unSer the said act OF Assembi damsges
for any improvements made upon their properly
after this ORDINANCE shall be signed are absolutely
irIecoverable. All this havoc may be played wi h
the most sacred rights of your felow-Iownsmen,
CITY officials for payment until ''ben, ts'' coll
icciea and doled out to them piecemeal like @ food
not justice, and it is not law.
THROUGH THE MARKET HOUSE.
The ordinance directs the opening of 5o-foot
street through the two market squares, with the
arcade (whatever that may be) through the old
City Hall. to connect with Diamond alley, 40 feet
vide, thence extending to Liberty avenue. TX
elusive of the Streets each OF these squares is 20
feet through l4O feet of city property, part
cupied by the old hall and part by the market
house. WIN the butchers and olher occupants Of
stalls to be evcted be provided with other and
better facilities for their business to compensate
them for their lossesI VIII .fl. the city city
Sssessment Of ssbeuefts, ~ or shall its
e enS SPGn o w e
construct the street and the arcade so feet wide
through the old hall? How much for paving
Assurances are quietly given out by many prom.
inent individuals, and doubtless you have heard
them. that the widening and opening of this, the
most valuable portion OF Diamond street. Is but
pe bridge % oven the Allegheny river from Manches-
ter via Diamond and Forbes streets, to the East
End, to be embellished with traction railway
and palatial residences.
Mr.. Howard alleges the opposition to such
scheme is based on 1.-THE secret and misleading
manner in which IT is conceived and under,
taken" If the Mayor thinks the cost should
be paid out of general taxes, Mr.. Howard asks:
"WOuld it be imprudent to require the petit
tioners who are SO anxious for the widening
non-liability of the city, 20 give secu rity to
indemnify" Otherwise, he asks the Mayors
disapproval of the ordinance.
Mayor McCallin said last night he would get
legal advice on the subject
The petition to which Mr.. Howard refers is
that presented to Councils, and shows the
names and feet of frontage represented in it, as
follows:
d. r. Black, 80 feet, late Marvin & Wiley; ].
w. Craig. 30 feet, late j. ]. Vandergrift: d. W.
Dickey, 40 feet, late Lore & Co.; D. P. Black.
10 feet, late Anderson; Singer estate, 80 feet;
f. w. Mellon, SO feet. late Ruckerson 80 feet
and Mellon 20 feet: Samuel w. Black, II feet,
late rhoma; Frank Lutz, q feet; Thomas Mutt
ridge, "a feet; Exchange National Bank. o
feet; G. c. Law, 20 feet. late Blakely heirs; NJ.
Guffey, 40 feet, late Bihman & Murrcey; w. e.
Lyme, 261% feet, late Reiter's heirs; Maria D.
Sanders, 80 feet; William F. Floyd, 50 feet.