Evening journal., 1890-03-14
TURNER VS.. ROBERTS.
THE FIFTH WARD MEMBER "DlFFsRs
WITH" THE CITY SOLICITOR.

Reelected
City Council met in regular session last |
night. The Law Committee presented |
CITY Solicitor Turner's decision on Mr.
Roberts's questions concerning the clerk
Of the market
"By resolution Of your honorable
body passed at the City Hall, q copy Of
which is annexed hereto, my opinion in
writing has been sought in answer to
certain questions relative to the office of
clerk of the market of this city | have
the honor to transmit to your honorable
body as a reply to the questions pro-
pounded my views as follows: To the
first question | would reply that there
1 is no such Office as clerk of the street
market. There is an officer, however,
| called clerk of the market, one Of whose
duties is to exercise public supervision
over the public street markets of this
city, as far as relates to the public street
market. The Department of Streets and
Sewers may at any time abrogate the
functions of the clerk of the market and
place such street markets under such
| control rs they may see fit, but until
some such change is made the supervi
sion of the street markets remain one of
the duties OF the clerk of the market.
This. however, does not make the clerk
of the market an employe of the Street
and Sewer Department in the sense
that they can terminate his term Of
Office, as such clerk of the market. for he
has duties to perform unconnected with
the public highways, such as inspection
OF meats and the regulation of weights
and measures, with which the Street and
Sewer Department has nothing to do.
The office Of the clerk Of the market is
properly under the control of the Council
of this city and he would hold his term OF
Office and the Council would have to pay
him his salary as by laws regulated If
the Street and Sewer Department to-
morrow decided to put the street markets
! under other control
"To the second question would reply
that all moneys collected from the public
street markets, and all accounts relating
q to the same should be paid and trans
mitted to the Street and Sewer Depart
ment, other moneys to be paid to the city
treasurer for the benefit of the general
:; fund.
; eThe third and the ffth questions are
| answered in my reply above to the tht
r first question propounded IN SAID reso-
luton. To the fourth question | woult
d 4
4 under the control of the Street and Sewe
! Department and so connected with th
: proper carrying out of the provisions o
a the law creating said department, tn
Council Is of course not bound to pa,
:. their salaries Such an officer however
n in my opinion, is not the clerk OF tn
. market.
I Respectfully submitted.
y "H G. TURNER, City Solicitor.
n Mr. Forrest moved that the opinion :
q accepted and filed.
q Mr. Roberts asked that the resolutio
a be read, so that the members could vol
Il understandingly. They were read. Il
said that he did not desire to diff,
= with" the city solicitor, but he parris
~ the important questions. He had n'
"a told under whose jurisdiction the cleI
= OF the market was Mr.. Roberts thouRl
that the opinion should be returned
the city solicitor for him to answer t
questions Eyes, or mo" He then re
copious extracts from "a decision Of
AZ former city solicitor, not more learne
but the equal of the present solicitor
ng which did not seem to have any bearil
"a on the question. He thought many 9th
so things with a great many gestures.
en- Mr.. Sharkey arose and exposed t
rm that he could not see what Mr.. Robel
ieS was after. He upheld the city solicit,
III and said that he had no doubt that M
ga Roberts intended to apply for the poi
les tion Of clerk Of the market after July
While Mr.. Roberts was trying to gi
up the dear people justice, the city solicit
IN walked up the aisle and rested on
oiy sofa.
After the member from the FIJI
ward had occupied large space on
g floor three times. the motion to acce
in. and file the opinion was carried, W
- but one dissenting voice. the same vo
w which had dissented several previ'
ses times.
IA. The city treasurer reported the bslar
al in bank to current expenses to
al 800, 3s3. so; park fund, $2, AGA o.;
oro ceived Of Collector E. p Moody, 81 8
IN Collector NJ Mealey, 5000; Munici
ION Court Clerk, w B. Hyland, 81 ,OSl 1S.
ard A communication FROM the park 20
missioners, promising attention to
petition for park in South Wilmingt
was fled.
are communication was presented
of Mr.. Beale of the Ninth ward, being
up petition from John Backus. asking {
The taxes paid on house not owed BY
eco De Iemltleu- IL WAS hhuueu W bnc W
lese mittee on Finance
tici- The monthly appropriation to
aese Board Of Education of $6,3l2 90 was
was lowed.
rtet On motion Of Mr. Shea the Cou
,lec- went into a nomination for an election
a successor to Edwin H. Gayley, wh
term as sinking fund commissioner
expired Mr. Shea nominated Edwin
/ on Gayley, and he was elected, the
ap- being cast by Samuel Chambers.
i'd Mr. Baugh presented a resolution
8 Of the Police Committee 60 to Philadel
% to and investigate the cost Of maintain
and police patrol stations. The resolu
the was adopted.
day, Bills were passed as follows u
Collins, $140 10; Fred. Winches
S104. n; Thomas Pagan, $407 81; |
Frazer. $11.50; ]. NJ. Solomon, $li
gain James Mills, $22 so; D. A. Forrest, s
|. j. H Gooding. $l2; L. A. Carswell
Alexander & Wells, IS so; Ds
lLny McKenney, $4 40; NJ. F. Kelley,
i'i'y w. Y. Swiggett, $31 14 M. F. ke
So; Jacob Derickson, IS; Hannah "
boat "a; a. G. Sterling, SIS: Jacob Derrick
useY So; George Ward, $1.50; M. Me-
ley, IS. 20; Martin johnson, $1725;
Ner- rs cents; 2. James Belt, $3.50; "
and Lee, $5.75.
tions
Another Sidewalk Nuisance.
i ~