Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-09-06
ANOTHER BILL FILED.
Three Petitions Likely to Go to Court
to Stop the Poor Farm Deal.
NO APPROPRIATION TO BUY IT
Is the Claim Now Made to Stop the Stewart
End Of the Business.
GIsT OF YESTERDAYS COURT NEWS

Another bill to restrain the city from
making the Poor Farm deal, was filed in
Court yesterday. II Attorney Carpenter
petition is filled to-day this will make three
separate and distinct bills to enjoin the city
from carrying the matter through. The bill
is filed by Charles L. Straub and such other
citizens and taxpayers who NAV join him
against the city of Pittsburg, II. I. Gour-
ley, Mayor; R. G. Elliot, Chief of the De-
partment of Charities; E. S. Morrow, Con-
troller and H. s. A. Stewart. The bill is
to restrain the city from purchasing the
Stewart farm for poor farm. The city, it
was stated by ordinance of July II, 1890,
ordained that the Chief of the Department
of Charities advertise for proposals for a
farm to be used for the maintenance of the
poor of the city. Proposals were received
by the Controller, the following offers being
made: Black & Baird, 400 acres at 1915
per acre; same. 300 acres at $500 per acre;
j. W. KemIor, 240 acres at $500 an acre; j.
W. Echols, attorney, 295 acres at $500 per
acre; j. 7. Hoey, 25O acres at $500 per acre;
s. II. A. Stewart, 267 acres at 500 an acre.
OuT OF The COUNTY.
The Stewart tract Of land is in Westmore-
land county. The total sum asked was
S1S6,0OO. On August majority of the
Board of Awards selected the Stewart farm
and their action was approved by Councils.
The action of Councils, however, it was as
serted, was not presented to the Mayor for
his approval, as required by law, and is
therefore null and void. After the reading
Of the proposals, and before the Stewart
farm was decided upon, other parties offered
tracts of land as we'll suited as the Stewart
farm and at much lower figures, but the de-
PENDANTS refused to visit or examine it,, say
ing the offers were too late. Further, he
continued, 500 an acre was an exorbitant
price for the Stewart farm, and $500 or S400
per acre would be more than its value. The
land is barren and of poor quality, and has
been exhausted through poor and improper
cultivation.
All money in the city treasury, it was
continued, were specially appropriated by
ordinance for the fiscal year, and no money
has been appropriated by ordinance for the
purchase OF these lands. Under the law it
is required to appropriate money in January
or February OF each year. If the revenue
shall exceed the expenditures the surplus
shall be paid ipto the sinking fund.
NO APPROPRIATION FOR 1T.
By the terms of the agreement the pur-
chase money for the Stewart farm is to be
paid in cash on the delivery OF the deed.
Atthe time Of the passage of the ordinance
Of July II there was no appropriation in the
city treasury for the payment of this pur-
chase money, and no money applicab lie to
such payment; therefore any contract or
purchase made under the said ordinance is
beyond the power Of the city and is illegal
and void. The city also has no power to
purchase land or extend its jurisdiction out
side of its territorial limits.
The defendants, it is stated, are about to
accept the deed from Stewart and pay him
the money. 1t is asked, therefore, that the
court decree that the ordinance of July 12,
1890, and the action o. the Board of Awards
and Select and Common Council is illegal
and void; that the city has no power to pur-
chase or hold land outside of its territorial
limits, and that the contract with Stewart is
illegal and void. An injunction is also
asked for to prevent the payment of S1S6, 900
to Stewart or the issuing by the Controller
of any warrant for the money to him. w.
W. Thompson, Esq, is attorney for the
plaintiff.
The first bill to restrain the city from
selling the old farm will likely come up in
court to-day. Since Attorney Thompson's
bill has been filed it is question whether
the petition o. Attorney Carpenter Will be
brought up or not, as the bill entered yes
terday covers more ground.