Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-10-07
A HANDSOME AND COURTLY BENCH
Important Decisions on Street Railroad
Charters and the Registra-
tion of Voters.
CRAIG STREET CONTRACT ANNULLED.
Arguments Heard in Number of Gases Carried Up From
the Lower Courts.

the sitting il Pittsburg, and the announce
ment N ay have added interest to the open
ing of the court yesterday. But they were
wlgless, and some of them rather bald
headed.
The opening ceremonial was stately
enough, however, much resembling the
manners of medieval times, when high
courts and royalty were much the same
thing, or, at least. nearly related, in the
ewes of nation (with a little ''n") at that
age If the Judges hadn't wigs they at
least had gowns, and they are fine looking
body of men, even when thus disfgured, as
as some think the effect of the revival.
At 10 o'clock the Justices emerged from
their consultation room, Chief Justice Ed
ward NJ. Paxson leading. Justice Sterrett
came next, looking, with the exception of
the gown and some ravages from time, much
as he did 20 years ago. when sitting on the
Common Pleas bench, and fully as stately
as of vore Justice Green, studious and
thoughtful, followed, and next came Justice
Clark, a man of great bulk, like most of the
members. He is in the prime of manhood,
and his years sit lightly on him. Ever in
good humor, though dignifed, he has won
many warm personal friends since he took
his seat on the bench. Justice Williams is
not large, but be is nevertheless we'll de-
veloped in the upper story. He, like JUS
tice Green, carried an armful of opinions.
Justice Mitchell, who is voted the Adonis
of the bench, brought up the rear. Justice
McCollum was not present.
OPENING THE SUPREME COURT.
AS the door swung open, the venerable
crier William Kennedy, gave three taps
with his gavel, and all in the room arose as
he announced ''the honorable, the Chief
Justice and the Associate Justices of the
Supreme Court of Pennsylvania" The
Justices ranged themselves in their ap-
pointed places, standing while the crier
opened the court with the old formula. and
when he pronounced the prayer, "God save
the Commonwealth and this honorable
court, " the Justices took their seats and the
attorneys followed suit.
Lawyers from all parts of the State wer.
present. Ceremony at once gave way to
business Nearly score of attorneys were
admitted to practice. There are 239 cases on
the list this year; not quite so many as last
year OF the number 116 are from this
county.
City Attorney MoreIand moved for spe-
cial allocatur to test the question as to
whether the proposed Duquesne Way Park
of Chief Bigelow's is a nuisance. 1t was al
lowed, and the case will be decided this
term.
There are Sc cases on this weeks argu-
ment list They are from Beaver, Clarion,
Forest, Greene, Jefferson, Venango and
Westmoreland.
a rather out-of-the-way case, decided by
Justice Green, was the affirmation of the
decision of the Common Pleas No. of
Philadelphia, that the terms railroads"
and railways were synonymous. 1t was
the appeal of Montgomery, and the appel
liant pays the cost.
THE CONTRACT DECLARED ILLEGAL.
Justice Sterrett handed down an opinion
In the case of William Mazet VS. the City of
Pittsburg, William McCallin, E. NJ. Big
Glow ct al. The suit grew out of a contract
let to Booth & Finn for the improvement
of Craig street, which the plaintiff claimed was
illegally awarded. The Common Pleas No. 2
of this county, agreed with Mazet, and so does
the Supreme Court.
Justice Sterrett says: "The learned Presi-
dent of the Common Pleas rightly decided that
neither of the propositions of the appellants
was tenabe, and entered decree declaring
that the contract in question, made between
the city of Pittsburg and Booth & Finn for
the paving and curbing of Craig street is ille-
gal, null and void and by enjoining the 'defen-
dants from doing any work in the paving and
curbing Of Craig street. in pursuance or by vir-
tue of said contract"
Continuing he says the act of 1874 was in
tended to secure to the city the advantage of
fair and Just competition and the bill charges
that at no time before the BIDS were received
were any plans or specifications for the paving
of Craig street at the office of the Department
OF Public Works and that the chief of that,de-
partment refused to exhibit anv.
The Judge adds: 'In the face of the facts it
is idle to contend that the contract in question
was regularly awarded in accordance with the
charter and ordinances of the city. The char
Ter requires contracts to be given to the low
est RESPONSIBLE bidder How can there be
lowest bidder when parties proposing to bid are
instructed to prpDare their own specificafions
and submit them with their respective bids?
The court was therefore clearly
right in pronouncing the contract in question |
illegal. null and void' Not respectable au-
thOTitv anywhere be found to sustain it as a |
valid contract under any system of competitive |
bidding. such as the charter and ordinances of |
the city of Pittsburg require. Decree affirmed |
and appeal dismissed at the cost of the appel |
laut"
THE LIMIT OF A RAILROAD CHARTER, |
Another case of local interest was the appeal |
of the Larimer and Lincoln Street Railway |
Company from Common Pleas No. 2 of Allie
gheny county. The Supreme Court affirmed the
lower courts decision. Justice Paxson saws
that at the time of the incorporation of the
appellant company no track was laid or auth /
orized to be laid or extended III any street on
the route named. and quotes the seventeenth /
article OF the Constitution, providing that mo
street passenger railway shall be constructed /
within the limits of any city, borough or town
ship without the consent of its local authori-
ties" That consent has not yet been obtained
either by general or special ordinance or other
wise. The Larimer Street Railway Company |
was Incorporated November 20, 1889 and on
the 18th Of December, 1883 the local authorI-
ties, by ordinance, gave their consent and
granted to that company the right to enter
upon and occupy the streets and avenues men
toned
Appellants claim that as they were ipcor-
porated on the 18th of August 1889 under this
act, for the purpose of constructing maintain
ing and operating a street railway over the |
route designated, a street railway was thereby |
authorized to be laid on the streets embraced
In that route, within the meaning of the first
section of this act OF 1889 and that the subse-
Quent charter OF appelleeS could not. and there
fore did not, confer any right upon the ap-
pellees TO occupy the said streets for that pur-
pose; that granting the right of appellees un-
der their charter. they have not in any solid
legal way obtained the consent of the city of
Pittsburg. the ordinances (of December lS
1889 and February q. lS9O) to that effect being
special. and an exclusive privilege or minority
being granted thereby, it as void, under the
seventh section of the third article of the Con-
that the ordinance is in conflict with
this section of the Constitution; that the State
cannot grant legislative powers which it does