Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-26
LOTS OF LITIGATION.
City Attorney Moreland Talks About
the Important Cases.
THOSE FAMOUS WHARF SUITS.
He objects to People Using Public Property
for Private Gain.
COMMENTS ON THE STREET MUDDLE

| The annual report of City Attorney More
land was received by the Mayor yesterday.
| In it he makes O review of the important
| litigations in which the city has been inter-
| ested during the year. He expresses very
| decided views on the suit against the city in
| the Allegheny wharf matter. As to the
! Amoskeag engine suits he says the litiga-
| tions of rival companies will cost the city
| considerable money. He talks to some
length on the street bills and the trouble
| arising over them.
In the letter accompanying it Mr. More
land said: Herewith please find my report
for the fiscal year ending January 81, 1891,
submitted in reply to your courteous COM
| munication of February 25 last. The report
| would have been transmitted at an earlier
| day, but for the exacting and almost con-
| tinuous work of the first three months in
volved in the adjustment of our public
| Improvement measures"
During the year 1s5 cases were reported, Of
] which 122 are now pending; 63 were tried, of
| which 46 were decided for the city. The
| heaviest verdict against the city was for
| s54l allowed for damages to property on
| Grazier street.
| The first case Mr.. .Moreland comments on to
| any extent is the famous wharf suit of May
| Rees ct al versus the city of Pittsburg. On
this he says: '1t will be observed in this
| case that q claim is strenuously made by the
| plaintiffs to prevent the city from making
| use of the wharf in any manner which
will seem to interfere with the business of
the plaintiffs. While the plaintiffs are not
riparian owners, nor yet navigators upon
| the rivers, they nevertheless claim that the
value of that wharf consists in their means
of using it for their private gain and benefit.
If the wharves exist simply as an accommo-
dation for persons to prosecute their private
undertakings, then the plaintiffs are un-
Questionably right"
The Trial of the Wharf Case.
Continuing, he relates the trial of E. NJ.
Bigelow ct al and their conviction of main
tanning nuisance in grading the wharf.
"The trial of this case demonstrated" says
the City Attorney, "that wherever a discre-
tionary power is to be passed on by a
traverse jury, it will always be found to
have been wrongfully or negligently used
by the public officer; that the legislation re-
lating to our wharves was such as to make
it questionable whether the wharves can be
so changed, altered or improved, even by
authority of Councils
1t was owing to this litigation that the act
of Assembly relating to the wharf was pre-
pared. The City Attorney holds it is doubt
full if the State could change DuQuesne way
from wharf, Dut ne mas no DOUBT tnat the
ground can be used by the city for any legit-
innate object so long as the purpose of the
wharf is maintained. There is no vested
right in any body of men to use these
wharyes They are for the common use of
all citizens, and must be under the control
of some superior power.
Referring to the suit of the Manchester
Locomotive Works against the city for $4,000
for the two Amoskeag engines, the payment
for which was prevented.by the suit of III. E.
Stafford, the city attorney says those whose
and examine, test and receive the engines,
have, with one voice, declared them In ex-
act accordance Herewith. The engines
have been accepted and have been IN con-
complaint. 1t is difficult to see what valid
defense can be made to the payment of this
claim.
at is, however, another instance in which
private litigation, promoted and prosecuted
by private persons or rival companies, falls
heavily upon the city. But for this litiga-
since, and upward of 81 200 interest saved to
the city" n
The W. j. Howard suit in relation to the 4
sinking funds of the city, Mr.. Moreland says,
must go to the Supreme Court, and no de-
cision can be hoped for before October.
Twenty-three bills were filed to prevent
the use OF portion OF the sidewalk for an
highway extends from house line to house
line and the public have right to all that
space. Should the encroachments of this
nature be allowed the city would be liable.
Should the cases be decided In favor of the
city it will then remain for Councils to fix
the limits of such areaways.
Thirty-seven suits were brought against
Penn avenue property holders, who have
Joined in a petition for repaving portion of
Penn avenue with asphalt. Owing to the
between the tracks was paved with block
stone, and on this point the defendants re-
fused to pay their assessments.
Knock Out of the Street Acts
Considerable.space is devoted to the ap-
peals of Engel, Beinhauer and Willert in the
Boggs avenue case, in which the Supreme
Court decided the street acts of 1857 and 1889
unconstitutional. Mr.. Moreland says this
decision was wholly unexpected; the basis
of it seemed wholly unwarranted, histori-
cally at least. After relating the steps that
have been since taken to have the Supreme
Court decide what legislation will be sus-
doned for saying that in drafting the act of
1887 took as its basis all previous legis-
ton relating to or affecting our pub
lie improvements and sought its codi-
fication, with some additional provisions
which seemed demanded by public interests.
Months of time were given by me to this
work, and availed myself of the advice of
those whom l regarded as fully qualified to
determine the questions. / was aided by the
best men at this bar, and after the work was
done it was submitted to Councils and COM
mittees thereof, and had the pleasure of
seeing this work commended by all, and the
passage of the act by the Legislature almost
unanimously recommended"
The same thing, he said, was true of the
act of 1889. 1t had been fiercely assailed in
the county courts, and the court, through
Judge Ewing, sustained the act as in entire
harmony with the Constitution. "It will be
seen that every reasonable precaution was
taken to avoid conflict with the organic law
of the State"
In concluding his report, Mr.. Moreland
says: "No additional expense has been in
CURED at my request. Indeed may say
that at no time and under no circumstances
have 1 ever asked for the employment of |
additional counsel, with the exception of O |
single cause which was pending when be-
came City Attorney"
The report includes a list of street i'm
provements in which the City Attorneys of
fice attended to the legal work. There were
81 street openings, 4 cases of damages by
grade of streets, vacations of streets 6
gradings,8 8 grading and pavings, 5 paving
and curbings, 40 grading, paving and curb
ings, los sewers and boarowalks.
The assessments for openings, grade dam
ages and vacations amounted to S67426 81:
for gradings grading and pavings, paving
and curbings, grading, paving and curbings,
sewers and sidewalks amounted to $SIl 97S l5