Evening journal., 1890-06-20
TURNER'S INNINGS.
he. FIRES OFF HIS OPINION AND
A LETTER.

n Azi Gns
Objection to the Salvation Army-wiiliam
t. Lyman, Eco, Elected TO Succeed
Solicitor Turner-The Police Signal
Systems We're Formally Inspected.
City Council met In regular session
last night Mr.. Forrest stated that the
Law Committee VAS ready to report on
the meat inspector ordinance, but the
ordinance had disappeared He thought
that City Solicitor Turner had the Or
dinance, but he said he did not have 1t.
President Farra stated that the ordi
nance prohibiting fire tests had been ap-
proved by Mayor Harrington and was
law.
President Farra stated that the police
signal bids were ready for action On
motion of Mr.. Baugh the bids were
recommended to tie Police Committee.
City Treasurer r. r. Griffith reported
the balance in bank to the credit of cur
rent expenses, $45, 150 54; park fund,
81, AGA o.; received Of Water Depart.
ment, $4,000; John J. Mealey. 1915
$275; E. P Moody, 5000, 1895; Edward
+. Kane, 81 so.
The Street and Sewer Department sent
a communication stating chat it would
open Eleventh street as coon as the Coun
Gil appropriated the money necessary for
that purpose.
petition was read from A. Tilghman
and others, asking that the meeting Of
| the Salvation Army In the Mccullough
| Building, Fifth and Walnut streets, be
ordered discontinued. Mr.. Magee moved
| that Mayor Harrington be requested to
have 1t stopped Mr.. johnson thought
the mayor knew his duty without being
told 1t, and therefore moved that the
petition be referred to Mayor Harring-
ton. The motion was carried.
City Solicitor Henry 9 Turner sent
the following communication
ITO the President and Members Of
Council.
GENTLEMEN; "My opinion regarding
the power of the Council to fill the
vacancy in the office of tax collector,
occasioned by the death of the late Mar
tin j. Mealey, was transmitted by me to
Council, agreeably to the request by
the Hon John @. Farra, your president.
It was by your body referred to the Law
and Finance committees without read
ing AS the city solicitor | have the
right and it was my duty Independently
of any expressed wish from the Council
or from it's president, or from any
member thereof, to forward you my
views as city solicitor whenever / per-
ceive that there was any danger of an
interference which threatened the mum
cipsl government, although l am the
creature of your body by election; yet il
electing me it Is to be presumed that you
only obeyed the wishes of your constitu-
ents, and | therefore feel that my oficia
duty concerns the whole peonle. aud that
| am rs much beholding to them and as
much bound to them for the proper per
formance of my duty as l am to your
selves. therefore ask your honorabl,
body to cause that opinion to be read
this evening in the Council in order thai
the people of this city may know who Ii
the proper person, in the opinion of thl
city solicitor to succeed to all the dutiei
and powers of the late Martin j Mealey
deceased; otherwise shall deem it M
duty TO transmit to the press of this cit
for the information of the public a cop,
Of that opinion which Is now in m,
possession.
Gentlemen, am. with great respect
} your obedient servant,
"H. 9. TURNkR, City Solicitor"
J Mr. Forrest moved that the communi
cation be received and Sled and th
opinion read. The motion was carried
and the Law Committee handed in th
, opinion.
Mr.. Turner, in his opinion, stated tn
! question as to the right Of Council to fl
/ the vacancy caused by the death o
! Martin ]. Mealey, and after reviewing
the laws under which he was elected an
the ordinances pertaining thereto. arrive
at the conclusion that the sureties, bein
! responsible, had the right to select hi
successor. and that Councils action shoul
be entirely optional If the sureties pc
titioned Council to appoint a successo
Council could do so, but if not, the
! Council had no action in the matter
Q On motion of Mr.. Sharkey the opinio
was received and recorded.
Mr Forrest asked for the reading {
section 8, page 665, City Ordinances
Q which directs that the city solicitor re
/ port upon all the unfinished business
his department on the last meeting b,
3 fore the end of his term. Mr. Forref
j said that the city solicitor had not live
up to his duty. Mr.. Shea said that Nj
= Turner had two more weeks to repor
t and the matter was dropped.
t Mr.. Chambers introduced a resolu ito
that Council meet next Monday. Nj
Roberts moved that the Police Committt
be directed to report on the bids on tina
night. The motion as amended was ca
ried
q Mr.. She's moved that Council 90 into
+ nomination and election for city soliei
2 tor. The motion was carried and Mr. She
! nominated William T Lyman. Nj
y Chambers nominated Walter Il. Hayes
0 The nominations were closed and Messr.
e Ayars and Cooley were appointed tex
J ers. The vote stood: w. T. Lyman, Il
c Walter H. Hayes, s; Blank, 2. Presiden
g Farra declared Mr.. Lyman elected cit
o solicitor for the ensuing term.
Is Mr. Baugh moved that Council take
l. recess for twenty-five minutes. Mi
= Eharkey's motion that Council sdjour
70 was carried.
s The police signal systems were formal
4 inspected by members of Council afts
% adjournment.
Is The following bills were passed Ne
% Duffy, "a; George P. sutton, $26 Il
IS Daniel A. Forrest, &37 so; James y
Il Bryan, $34 so; George A. Frazer. $16 g.