Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-07
THE CITY MUST WAIT.
Curative Legislation Cannot Be Pat
in Force for Year.
NEW LAWS TO BE WELL TESTED
Controller Morrow Claims the Courts
Sanction Is Necessary. ..gms
MoRE DELAY TO UNDERGROUND WIRES

Even though Governor Pattison signs the
new street improvement bills the city of
Plttsburg will not be out of the mire for a
good many months yet. The old adage that
it's easv to break but hard to mend will
doubtless be very deeply impressed upon
the minds of city officials before matters
reach settled state. 1t is not the intention
to make such another mistake as that OF fol-
lowing the defunct street acts proved to be.
The Supreme Court made some suggestions.
which those in charge Of the new bills have
endeavored to follow. But the whole mat
ter must go back to the courts for their
sanction before the officals-or at Jeast one
of them-will be satisfied.
If the curative act becomes law, it is
understood that Mr.. Woodward, or some
other property owner affected, will ask the
court TO restrain the city from collecting
the assessment on the ground that the act
is illegal. 1t will be in the nature of test
case, and whichever party loses will appeal
to the higher court. A similar plan will be
adopted with regard to the other street bills.
Controller Morrow is determined that the
Supreme Court shall have a look at the new
acts before be places any confidence in them.
He said yesterday:
The City Is Courting a Test Case.
81 propose TO see that test cases are brought
in order to get legal decision on each of the
bills. We will have no more mistakes. This
of course will take time. 1t will be almost
year. suppose. before the Supreme Court will
get through with the cases Until that time
he c,t apt
collect the money due on back improvements.
This is a lengthy procedure, but it is the only
safe way. The Supreme Court may knock out
our new bills just as 1t did the old ones Once
it has sanctioned them the city will be per-
fec,ly safe"
The Finance Committee calculated on secur.
ing good portion of the money due the city
within a short time after the passage of the
proposed curative act. The appropriation
ordinance was framed accordingly. If the
money cannot be secured before the end of the
year, the situation will be anything but salts
factory. as tho revenue will be much lower
than was intimated, and the deficit predicted
by the Controller Will come.
Chief Bigelow will not allow the possibilityof
another adverse decision to prevent him from
going ahead He has his department. in good
shape for an unusually large summers work
on streets and sewers and is only awaiting the
Governors signature. -"
Chief Bigelow Is Ready to Commence.
The failure to secure the benefit of curative
legislation at once Will not AFFECT the carrying
on of new work on streets and sewers, and the
Chief is not looking for any delays unless the
courts should declare the new bills uncoustitu-
tional. Half hundred contracts, old and new,
are simply awaiting the action of the Governor.
In connection with other work for the summer
the prospect of having to tear up the streets for
underground wires bears an important part.
The Committee on Public Safety meeting
called for yesterday afternoon tailed to secure
quorum and was adjourned until tomorrow
afternoon at o'clock. There were but of
the 22 members of the committee present, and
this was the second attempt to get meeting
this week. The underground electric wire
ordinance, for the consideration of which the
meeting was called, is considered one of the
most i'm portant that has engaged Councllmanic
attention for some time. and the representa-
tives of the various telegraph and telephone
companies, who have made two fruitless visits
to City Hall to discuss the matter with the
committee. are not very we'll pleased with
having to waste SO much of their time.