Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-01-19
ANOPINION COMPUTED
James S. Young, ESQ.,, Gives His
Views on the Library MuddIe.
TIE CITY SOLICITOR ANSWERED.
Various Acts of Assembly Bearing on the
Matter Looked Up.
MR.. cARNEGIEs IDEAS EXPLAINED


Gazette, of London, of recent date, contains
local notice, but is nevertheless full Of
meaning to the public, which has watched
with great interest the details of the present
squabble in Allegheny Councils over the
permanent control of the free library.
Mr.. Carnegie devoted several sentences to
emphasizing the usefulness of a public IL
brary as an adjunct to educational advan-
tages. His own experiences with the old
Anderson Library were detailed. Mr.. Car
negie was making quiet drive at some of
the Alleghenians who want to inject parti-
san politics into the matter. From the first
he has believed that the Allegheny Board
of School Control should have voice in the
permanent nanagementof the Free Library.
President James S. Young, of the Board
of School Control, was asked last night to
give his reading of Mr.. Carnegie's mean
ing He said: "It is an expression of hope
that the free library will be properly man
aged, with a view of conferrlng q benefit
upon the rising generation. 1t is q matter
of regret that Mr.. Carnegie should find the
first controversy arising over any of his
gifts in Allegheny City. Mr.. Carnegie's ut
terance is very significant, and would in
dictate that in his opinion a public library
would be most efficient IN promoting good
results if carried on as an auxiliary to
the public school system.
IN CLOSE CONNECTION.
"Mr. Carnegie must have seen the state
ment so frequently recurring in the papers
that the course of instruction in the Allie
gheny High and other schools was laid down
with the expectation that there would one
day be an adequate public library in Allie
gheny. He possibly had in his mind this
matter when he wrote to the Pail Mall
Gazette. He has more than once main
tained that schools and libraries sustained
the closest possible relations to each other. "
"In regard to the legal aspects of the case,
Mr.. Young, have you read the opinion OF
the City Solicitor" was asked.
81 have" replied Mr.. Young. 81 not
only read and digested the opinion, but
devoted considerable time to-day to the ex-
animation of the various acts of Assembly
having a bearing upon the matter. will
cheerfully give you the result of my e1-
aminations
''Under the act Of 1872 there can be no
question tina. the Board of School Control
has authority to, and is charged with, the
duty OF raising funds by taxation for the
purpose Of maintaining public library for
the use of the teachers and scholars of the
city schools and also the general public.
"At the time of passage of that act, the
Board of School Control, as representing
the taxpayers of Allegheny, had acquired
the Anderson Library, which then con-
sisted of 1000 volumes. Since that time
the library has been maintained and in
creased to 1900 volumes by school tax
levys. Many OF the books are rare and
correspondingly valuable, and the library
is worth at least 500, 900. The library, from
the time of the requirement to the present
time, has been kept open without direct cost
to readers.
THE TAX QUESTION.
"Under the act Of 1887 it is made competent
in any incorporated city in the Common
wealth for the proper authorities, presuma-
bly, Councils, to accept gifts Of real or per-
sonal property, books, MSS, and so forth,
and TO appropriate money for the mainte-
nance of library, but that act does not ex-
pressly provide tor the raising of any money
by taxation for that purpose. 1t may,
therefore, well be questioned whether Coun-
ellis have the right, under the language of
that act to raise money by taxation.
"But 1t appears from the opinion given to
the City Property Committee by the City
Solicitor, if that opinion was correctly
for the authority to raise money by taxation
to maintain public library, but that the
act of 1877 is the authority for such action.
There was an act passed in 1877 which pro-
Yided that in cities of the second class all
taxes for educational, eleemosynary and
other purposes, should be levied by the
Councils of such city.
Under that act the Poor Board and Board
of Education of such city was directed to
submit to Councils in January a statement
of the amount of money which was required
to run those departments. Councils could
then add to the aggregate to be raised by
taxation such estimated sums as would be
as above stated. Or could modify
the same, thus leaving it to Councils to de-
termine the amount of money which should
be used for educational as we'll as other
purposes.
"And the opinion is certainly based upon
the assumption that under that act Councils
would be the only body that would have the |
power to levy tax for any purpose and
therefore the only body that could levy a |
tax for the maintenance of library. But |
there are three reasons why |
that position is not correct. First, the city OF
Allegheny is not a city of the second class,
its status as yet being undetermined; second, |
the authority granted to Councils under the |
the educational departments would receive |
was taken away in 1873 by an |
act of Assembly which specifically pro-
yided that Councils should add to the |
amount of taxes to be raised for all other |
purposes, such sum as the Boards of Edu- |
cation should in their statement ask for,
without any power whatever in Councils to
modify or change the amount.
1.-The reason for this change is apparent |
TO any thoughtful person. The Legislature
saw clearly that 1t would be unsafe and
extra-hazardous to the public school system
TO allow any body foreign to the body to
whom was committed the charge of the |
public schools, to determine the amount of
money necessary to the maintenance of the |
school system.
THE THIRD REASON.
"Third-The act of 1872 giving to the
Board of School Control the right to levy |
taxation for the maintenanceof of a public IL |
brary has never been repealed, nor will it |
be repealed by any law obtaining in cities |
Of the second class, if Allegheny shall pass
into the second class. Therefore, any argu-
ment based upon the assumption that COun
ellis is the only body that can levy taxes for
the maintenance OF a public library is un-
sound.
IL is also abSuLueu LnaL COUNCILS CANNOT
commit the management of the library to
any commission composed of persons out
side Of City Councils. Such an assumption
is unsound. Councils could certainly depute
to commission composed altogether of citi-
zens, or of citizens, controllers and Council
men, the power and the duty of expending
such sums of money for the maintenance of
the library as Councils should appropriate
Tor that purpose; leaving always to Councils
the authority to raise the money by taxa
ton and to fix the amount of the appropria-
ton. They could also depute to such
commission the duty of selecting competent
Librarians and assistants. If there were
doubt as to this latter authority, any danger
of its legality could be avoided by Councils
by ordinance that such selection
be ratified by CounciIs.'
In this connection Mayor Pearson said
asst night that he was in favor of having q
committee composed of the Presidents OF
Select and Common Councils, the President
If the Board of School Control, three such
,itizens as A. M. Byers, James B. Scott and
uon~v Phipne ond the Movor of Ala |