Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-25
TUSSLE WITH A VETO.
Councils Torn Up by the Mayors
Disability Bill Message.
HIS HONOR WILL BE SUSTAINED,
But Ills Views on COnStitutionality Are
knocked Silly.
ANOTHER SESSION CALLED FOR MONDAY

OpuAN4AS Nd> hGAu NtStGIudF 10 UniSn w
the work before the summer vacation
There was an almost endless round of rou
tine business The ordinance for assistant
city attorneys passed finally. TheI
came the Mayors veto in Select Council o
the police disability bill and it was
puzzler City legislation hoped for igh
and found but little. In consequence ac
tion ON it was postponed until Monday il
the hope that sunshine viii be found by
that time. The expected action is that the
vero viii be postponded and new bill
from which the Objectionable features have
been eliminated viii be introduced.
4 new light was placed by Mr.. Lambie
on the constitutionality OF the measure.
He cited TWO supreme Court decisions to
show that the restrictions regarding in
coming salaries of officials during their term
Of Office did not apply to municipal legisla-
tion. He also showed that the clause in
the constitution concerning special legisla-
tioE had no bearing on the actions of Coun-
ellis.
Scraps for the Future Session.
On the call of wards in Select Council the
following papers were presented and proper
ly referred:
Ordinances establishing the grades of
Hoosac. Addison, Reed, Lydia, Booth
Ruch. Groveton. Bandana. Coleman, Den
mark, Sylvester and kirkpatrick streets:
ordinances 1or grading and paving Ward
street. from Boston To Zutema street: OPEN
ing Norris street; ordinance vacating Broad
street, from Fairmomt avenue TO CRAFTS
line: grading ana paving Dresden allev: fix
ing the width of sidewalks on Grandview
avenue nj II feet; granting the Homestead
Connecting Railway the right TO use certain
streets.
A resolution authorizing the Controller to
sign the petition on behalf of the city for
grading paving and curbing Woodlawn ave
uUe. the new street around Schenley Park,
was adopted under a suspension Of the rules.
The Mayors veto of the police disability
bill was then read: ltwas a lengthy paper.
In the opening he sums up the provisions of
the ordinance and says:
Municipal governments have no powers
other than those expressly conferred
them by che state, and all their legislation
ana action must be subject to the constitu-
zion and statutes OF Ihe State to which they
belong.
He then sums up the powers of the Coun-
clls, and continuing, says:
The legislation of the municipality must
he IN harmony with the express powers con-
Anything which the law does not forbid his
d. sing, but the city can only do what it is ex-
pre- IS Y empowered to do.
- 'UcrlCu Is, article 3, of the Constitution,
saEsl no appropriations, except for pen
si0u-' or gratUities for military services,
shall t1e made for charitable or benevolent
nLrp.f SIS to any person or community, nor
10 amy GelomiHatiOnal or sectarian institu-
lIonL corporation or association
~ I understand this language rightly,
how can the city, which is a creature OF the
state, do what the General Assembly of the
State Is expressly prohibited from doing?
Warrants Would Not BE Regular.
in the act OF Assembly of 1867 defining the
duties Of the City Treasurer, we find the fol-
lowing language: 1t shall be the duty of
the City Treasurec to receive and safely
keep all moneys accruing to the city corpor-
alton, and shall Spay out the same on war
rants drawn by the Mayor and counter
signed by the Controller, and not other
wise"
The ordinance directs that the Treasurer
shall deposit certain moneys to the credit
and IN the name Of the police pension fund,
TO be drawn paid ont only upon and by
warrants OF the trustees of the fund, signed
clerk. -
Under the act of Assembly all money must
DE paid Ut on warrants, drawn by the Mayor
ANA coLutcrsigned by the Controller Under
tile ordinance certain moneys must be
drawn ont on warrants signed by the Chair
man anu Undersigned by the clerk OF the
Board Of trustees OF the police pension fund.
Tie latter is in direct conflict with the act
OF Assembly and could nOt,even if approved,
De enforced.
The Mavor also holds that the additions to
the fund could only be provided for bv ap-
TroTriagious each recurring wear. He fur
ther did not believe that p years of service
should entitle an officer to retirement on
half pay unless he should be physically in
Da7acllated for further work. In his opin-
son such a disposition of funds should not
be made until 1t was found that the curative
legislation was operative. In closing he
said the Controller objected TO the method
o handling the funds.
lLr. Heating rose to ask what rule of
Councils applied to documents of this char
acter. Chairman Ford replied that it was
proper TO formally receive it. Mr.. Perry's
motion accomplished this, and then Mr..
EeHriug took the floor. He said:
Il don't agree with the Mayor in all the
Questions he raises against this ordinance
particularly those in relation TO its uncon-
s-iJutiOuality, but there is food for thought
in some other points raised and in some of
the things he has said.
'TuiNt the Devil and the Deep Sea.
"As usual with the Mayor he leaves US
between the devil and the deep sea- He
points out what is wrong, and while pro-
Tossing to be sympathetic with bill of this
character, if properly drawn, he does not
point how we can construct one that will
suit him. But the Mayor has pointed out
some very pertinent objections to this bill
and believe he should be sustained
Mr.. Lambie moved that action on the
Mayors message and the ordinance be post
poned until next Monday, when it shall be
considered at a special meeting. The Wal |
lace act. he said, provides that action could |
be taken on o veto within five DAYS after it |
va, presented. BY next Monday the men, |
oers OF Coaucils could think over the points |
raised by the Mayor, and be in position to |
lu,eijigeutlv act upon the matter. In re-
gard 20 the constitutional points raised |
by the Mayor Mr.. Lamtie said he !
was Of the opinion that they were
worthless He read from the PENNSYLVANIA
supreme Court reports two cases decided, in
winch the same points had been raised and
iE each Of which the decision was that the
article Of the Constitution referred TO did
NOT apply to ordinances of councils, but 10
laws passed by the State Legislature. In
the case Of Baldwin versus the city Of Phila-
delpnia, Baldwin had his salary raised while |
in Office from $, 800 to 81. SEQ by anv or
G!uance of councils 1t was clearly pre-
sCrl5ed by the Constitution, Mr.. Lambie |
said, that no officer should have his salary |
raised while he was occupying the Office but |
tie Supreme Court had decided that the |
Constitution did not comprehend anything |
further tnan the State Legislature when this |
article was included in it. The decision was |
that Baldwin should receive the increase of |
salary and stated that an ordinance of coun- |
cils Was not covered within the meaning of |
jhc article Of the Constitution referred to- |
- y 10, 1r,,-