Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-12-24
LIFTING THE CLOUDS
That Have Heretofore 0bscured the
Transition of Allegheny to a
SecOnd-ClaSS City.
GEORGE ELPHINSTONE'S OPINION.
Scheme for the Redivision of the City
Into Wards Regardless Of
School Districts.
GEORGE ELPRINSTONE'S OPINION.
COURTS WILL BE ASKED TO DECIDE.
Present Councils vii Not Elect Chiefs Of the various
Departments.

Inc SOlC0S OF
Committee knitted their brows last night
over the transition to city of The second
class. The change will be accepted by the
CITY. There will he no dodging otthe issue.
The politicians were pointed out plan
by which the act of 1889 could be lodged
and Allegheny remain a city of the third
class. but the politicians were afraid there
might be trouble in the future about secur-
ing legislation. and therefore all favored
the acceptapce of the laws of city of the
second class.
City Attorney Eiphinstone gave clear
and concise opinion on the status OF the
SECOND class city question, and now the
average Alleghenian can have some idea
how his city stands.
The changes necessita1ed are radical. The
trouble in dividing the wards is to be es-
capped by dividing them without ward school
districts. BY this means 1.-The question OF
school debts will be effectually wiped out.
Only One school District Proposed.
Then it is proposed to have all the school
propertv decided over to the Board of School
Controllers, and only have one school dis
trict in the city instead of thirteen. The
division of the wards is for the present only
bluff, Thev are to be divided and then
the court will be asked to recognize the new
wards. In this manner the right to make
the division will be decided and if the end
cannot be reached that way additional legis-
lation will be asked. In his opinion Mr..
Elphinstoue recommended several trans
ition bills to settle vezing questions. The
opinion is as follows:
10 the Chairman and Members OF the Finance
Committee:
GENTLEMEN-By joint resolution of Select
and Common Cou ocils. L was directed to report
TO them, through your committee, what effect
recent legislation would have upon the city of
Allegheny.
The act Of May s, ISSe divides the cities of
the State into three classes. and provides that
those cities containing population of 100000
ard under 800, 600 shall constitute the second
class.
last preceding United States census or any
municipal census taken later.
Whenever it appears by any such census that
any city has attained population emitting 1t
to a change of class it is made the duty of the
Governor TO certify such fact under the great
seal of the Commonwealth. If such certificate
is issued more than so days before the next
municipal election, suca officers shall at said
election he chosen, to which the city will be-
come entitled by reason of It's change in class
On the first Monday OF the succeeding April.
the terms of all officers whose offices are super
seded by reason of such change in class, shall
cease and determine. the city government shall
be organized in accordance with the changed
class. and shall thereafter be controlled and
regulated by the laws OF the class into which it
has entered.
Compulsory With the Governor.
twill be observed thai the Governor must
issue his certificate whenever { appears by the
census that a city has attained the populati
en1tling it to a change in class.
believe and sought TO impress upon the
Chief Executive of the State, that it would be
for the best interests Of Allegheny to delay
issuing such certificate until within so days of
our next munlcipal election. The election of
Councilmen would then be held under our old
charter. and we would have the entire session
of the General Asse Hbly in which to get the
legislation our situati on demands For, whether
Councils wish to re- m our present system OF
government or pass into the seconi class. we
must have legislation.
The Governor having received official notice
from the Superintendent of Census that Allie
Gheny had attained population entIiling her
to become a second class city, has issued a
proclamation to that effect.
The question now arises, what is the effect Of
his action upon the city government?
of April next Allegheny will be controlled and
regulated by laws applicable to second class
cities. and that At the February elections the
peouc are empowered to choose such officers
as the city will become entitled to under the
changed class.
report has gained currency that we mus
then elect Controller and Treasurer. Such i:
not the ease.
The charter for the government of second
class cities TACT of 1857, p. l.. $3.50, provides in
ter ALA, that "the Offices of Controller and
Treasurer, City Attorney, City Clerks and Col
lector of Delinquent Taxes shall remain a.
heretofore, except as herein otherwise pro
Vided."
The Controller and Treasurer in Pittsburc
are elected by the people. under the provision.
of the act of April ], 1868. entitled IA supple
ment to the charter of the city of Pittsburg."
BY becoming a city of the second class we are
made subject only to such laws have pro
vided for the government of that class. The
act Of lS6S was local law, affecting only tn,
city of Pittshurg. The act of 1887 simply pro
vided that the mode of electing Controllers anC
Treas urers in cities of the second class shoulC
be the same as heretofore. If Allegheny haC
been q city of the second class when the act o
1857 was passed, she would, under the specia
act of 1870, have elected her Controller anC
TreaSurer 'as heretofore" l. e. by Councils
and PItUshurg would have elected tine same off
GERS 'as heretofore, l. e. by popular vote.
Not Necessary to Repeal Local Laws.
1t was perfectly competent for the LegisIa
ture to pass the general act of 1857 without re
pealing local laws.
The intervention of these unrepealed specia
laws passed prior to the new constitution, pro
ducinG different results in cities of the sam
class. does not make the general law unconsti
tutional. The act of 1857 was not made alon
for Pittsburg, but for all cities that might there
after become cities of the second class 1t
entitled AN act Tor the government of cities o
the second class And the Legislature ha
the power to provide that the method of eleC
tion of Controller and Treasurer should cor
tlnue as heretofore j. e. that the general ac
for cities of the second class would make d
change in the method of electing these officer:
as provided by the special or local laws of an
city that was, or might become city of tha
class.
The Legislature evidently did not intend 4
impose upon Allegheny and other cities CON
ing into the second class the local laws am
ordinances enacted for and by the city of Pitts
burg prior to the act of 1874
II such was the legislative intention, the &C
of 1887 is ineffective to carrying out that pul
pose Under present legislation / have n
doubt that Controller and Treasurer will b
elected by Councils. and the ability ana bou
esty displayed by these officials So chosen fu
the last 20 years. is good evidence of the wi:
of entTusting their election to Councils
Under existing legislation for second-clas
cities there is provision for only one Selec
Councilman from each ward, while the numb be
of Common Councilmen would remain as a
present. The disprOportion this would caus
between Select and Common Council
manifest. as we have but l3 ward:
The act further provides that tn
the third Tuesday i'll February. lSS
one Select Councilman shall be chosen froT
each ward, and the members so chosen shal
the day Of their organization, divide then
selves into two classes, the first to serve fo
one year and the second for three years" PrC
vision is then made for subsequent elections s
that one-half of Select Council is elected bier
nIally.