Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-09
Matters Which Worry the officials
and Shape the Course of Munic-
ipal Legislation.
ATTACKING THE CURATIVE BILLS.
1t Is Claimed That the Legislature Over.
stepped All Bounds in Passing
the Measure.
FLAGMEY WILL BE HELD RESPONSIBLE.
Prsburg Pays the Tribute Of Another Life for Rapid
Transit


yesterday found themselves sohdly opposed
when they came into court and, through
City Attorney Moreland, asked Common
Pleas No. TO appoint viewers to assess bene-
fits and damages on a large number OF streets
improved under the laws of 1857 and 1852.
Mr. Moreland urged immediate action, as he
said further delay would stop all improve
1nents for this year. Just at this juncture
Siessrs c. A. O'Brien and c. c. Dickey OBJ
iectcd to the appointment of viewers and,
after an extended discussion, the matter
was held under advisement, though the
viewers were named.
subsequently, Nh Moreland repeated the
performance in Common Pleas No. 3, but
found Dicl1ey and O'Brien again confront
ing him. This court refused to appoint, and
Judge Ewing hearing thereof rescinded the
appointments he had made.
The same scene was enacted in Common
Pleas No. l. and Judges Collier and slagle
q 6er q hearing fixed Friday at 2o'clock p.
N. for n hearing.
Altogether there were l. lawyers drawn up
in bn,:lc array with lInapsacks packed for
long fight on behalf of the objectors.
Councils Do Not Have Jurisdiction.
Attorneys c. A. O'Brien and NJ A. Wood
ward fled in Common Pleas No 2, on behalf
OF Frank shanIev ct al. objections to the ap-
cerned. This is the street on which interest
principally ceuUered at the time the test was
made. The objections made were as fol-
lows:
While il Is true salleged in the petition of
the CITY of PittShurg that an ordinance.was
passed and approved November %. 1887, by
Councils purpOrtmg to authorize the grad
ing Of Eoggs avenue from Bailey avenue to
the city line and also true that a further or
ing to authorize the paving and curbing the
avenue from Bailey avenue to Louis Neebs
property, yet the ordinances where whelly
void Tor want Of Jurisdiction in councils.
Il l. further objected that it is not true as
alleged in the petition that the work was
cone in accordance with the terms OF the or
dlnance but on the contrary. the engineers
and other officers and agents of the city
changed the grace. shape and width of the
avenue. a. established by the ordinance.
Violated the Constitution.
It is true. as alleged. that the supreme
Court Of Pennsylvania has declared the act
OF June IA. lSs7. under which the city claimed
20 act. unconstitutional and void, and
held all proceedings relating TO the improve
ment void and set them aside upon the ap-
peal Of the parties hereto and this on the
grounds that the act violated the Constitu-
rion OF the State il locHlly changing the
Jurisdiction and regulating the practice of
the courts in denying to those now object
ing the right of petition and a remedy by
cue course OF law for their grievances
arising ont OF the proceeding. as will more
fully appear by reference 20 the official re-
vOrt of the decision in Vol. 137. .. 394, Penn
sylvauia state Reports.
And ii il also true that the General As
sembly passed an act on the 10th OF May,
1Sgl. for the express purpose of overcoming
the effect of that decision, and especially to
aid and assist the city OF Pittsburg to collect
the cost of the work: Yet It is objected that
the General Assembly had not the power to
cure the want of Jurisdiction in Councils in
enactinG the ordinances relating to the i'm
prOyements, which were null and void from
She.r inception and incapable Of ratification;
and it is respectfully submitted that the
General Assembly in passing the act ex-
ceeded and transgressed its power
and authority, and the act did not
make valid and binding the i'm
provements or the ordinances and
proceedings relating thereto and does not
cost and expense from those now objecting,
but that the act Is wholly void.
How the Fight viii Be Made.
This is sample OF the objections on which
the fight win be based in large number of
cases, and it is said that all nine Common
Pleas Judges will meet and determine
whether they Will hear the matter now or
appoint the viewers rs prayed for and hear
rEument later The opinion is hazarded by
tions and appoint the viewers without de-
termining the constitutional objections
leaving them to come up on appeal. This |
would protract the fight but from the desire |
70 see the question definitely settled the mo-
tion viii be pushed rapidly in any event
The objectors viii cover pretty much the
same ground. c. c. Dickey takes the posi-
riOn that the city was a trespasseT, as the |
legislation under which it acted was not
constitutional. He denies that the city can
make a lien by 4 law passed after the work
was done: that the movement is a violation |
of the bill Of rights: that the work being |
illegal no compensation can be claimed for |
1t. he also holds that the curative legisla- |
ton providing Tor collecting cost of street |
and sewer improvements from property /
owners regardless of value of improvement |
VIII not stand. He holds that it is the value |
Of the Improvements and not its cost that /
should be collected, as in some instances |
more is charged for work than IL is worth, |
3 nd finally that the curative legislation is |
in that many OF the sewers |
are constructed on private property, and |
said legislation undertakes to prevent the |
owner OF this property from suing for dam |
ages for trespass.
From the determined stand some of the |
obiectors are taking thing is evident, |
Viz: that when the matter is once settled by |
the court 1t is likely to be settled for all time
as the opponents have a Stimulant to work
some of them more than the mere money |
cost so far as accrued.
Last evening City Attorney Moreland said: |
1.-TWO boards Of viewers viii be appointed |
to-day under the new street laws. Common |
Pleas Court No. will name the board to act |
on streets in the old city and Southside.
The board for all the East End streets will |
be appointed in No. 5. Tomorrow in Com |
mon Pleas No / viewers for sewers in all |
parts OF the city viii be appointed" |