Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-24

same everywhere, and that>a law that would
do justice in a small village would also fit a
large city, and to attempt to make one law
for one and another for another was special
legislation. and the Supreme Court agreed
with him.
He further held that law giving one
third of the residents of street power to
force the other two-thirds was monstrous;
that viewers, even under the act OF 1871,
though appointed by the Quarter Sessions
Court, were an outrage on the taxpayers, and
the abuse grew when they became city off,
GERS, and that citizens have no show before
a tribunal fixed all the time in the interest
Of the other side.
Regarding the question of necessity.
Judge Slagle said what the Court wanted is
the establishment of rule that is obvious.
Mr.. Woodward replied that he wouldn't
attempt to find any rule that was obvious,
but he would endeavor to find one as OBJ
vious as he could. He maintained that
there was necessity for classification only as
to the general organization of the city gov
ernment There was no reason under the
sun, though, why there should be different
rule in Pittsburg for opening, paving and
grading streets than in Philadelphia, or Al
legheny, or Scranton. He held that if
the act of 1864 was in existence, it
was an outrage that such a body as the
Board of Viewers existed, as it did under
the old law as well as the new. 1t could
lay the damages, and the citizens had no
voice in the matter. It was the city's agent,
acting for the city, and ran things to suit
itself. 1t was the final judge as to a mans
rights, and always court for the other
side.
Game of Cards for Big Stakes.
Each side held "threes" in yesterdays s
bluff. D. 7. Watson, Major Moreland and
w. B. Rodgers by the city, and NJ. A.
Woodward, Johns McCleane and j. H.
White by the appellants. The judges will
cut the cards and determine which hand
shall take the pot now, and then the Su-
preme Court will make second cut.
AT the conclusion of the argument, Judge
Slagle charged counsel to give him all the
briefs and other data they had bearing on
the case, and evidently intended to put his
thinking cap on for a time. so as to solve
the puzzle, if possible, in such way as to
get a basis for something that would stand
inspection.
City officials were scattered all over the
courtroom. and it isn't necessary to state
that they we're as much interested as any
taxpayers present. The play OF feature, as
points were made for or against the city
sights of the session.
City Attorney Moreland expresses the
hope that an early, broad and explicit de-
cision and opinion will be given, when, in
any event, the case will be taken to the Su-
preme Court, and as soon as that tribunal
makes deliverance, an act of Assembly
will be drafted and modelled Oh the lines of
the decision, Senator Films bill be given a
place on the calendar, and there will be
quick work in the making of law.
What Is Expected in the Future.
Regarding Improvements already made,
il the city's position that the act of 1864 is
still in force-revived bv the sponging out
of the acts of 1887 and 1S89-is sustained, it
will be dated back to cover the gap in which
work was done under the latter acts.
1t will only apply to work that
has been completed within the last
six months, as the act provides that the as
sessments must be made within six months
after the completion of the work. Liens
filed against property for work completed
more than six months ago and wiped out
along with the acts of 1887 and 1889 are to be
cured by legislation. Reassessments will
then be at once made, and the money col
lected under the provisions of the act of
1864.
Quietly Awaiting the Outcome.
Controller Morrow said last night that he
did not attach any unusual Importance to
the points claimed by the lawyers Tor the
opposition. As stated in THE DISPATCH
yesterday, the suits were of an amicabe
nature and for the purpose of determining
the status Of the city under the new charter.
Everyone is anxious to be informed ON this
point, to know what part of it is constitu-
tional and what is not. Under anv circum-
stances, added the Controller, the city is all
right, and will remain so. -
Mayor Gourley said that he did not re-
gard the matter as of very great importance.
He was unwilling to say anything on the
question, but thought that if it was a good
thing the matter should be settled one way
or the other.