Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-12-16
MORELAND CONFIDENT
That the Curative Legislation Will
Be Sustained in Court.
BILL OF EXCEPTIONS FILED
The Cases Will Soon Re Pushed Before the
Highest Tribunal.
SEVERAL MORE ACTIONS TO FOLLOW

City Attorney Moreland says it is prob
able that not dollars worth of the bonds
authorized by last weeks election will need
to be issued. He bases his opinion on
his confident belief that the curative
street acts will be sustained by the
Supreme Court. The chances for favor
able decision on those acts are, according to
the Majors belief, about four to one, and he
shows how he arrives at that conclusion. In
the first place he says the city of Chester's
decision on a parallel case indicated pre-
cisely the lines followed by the lawyers
in the preparation of the curative acts
and the Court could not consistently alter
its decision in that case, which it would do
if an adverse decision were given now.
In the second place he quotes the
language of the Supreme Court when it
nullifed the old street laws, in which it
was plainly pointed out that remedial legis-
lation, such as the Legislature passed, was
the citv's only hope of escape from the pay
ment for improvements to the property of
individuals. With these pointers from the
Court that is to pass on the legislation pre-
pared according to their suggestions the
they will give. He expects decision from
the higher court soon after January Is.
The Contractors Willing to Wait.
If the curative legislation is sustained he
says there will be no necessity for issuing
any of the bonds, for the contractors will
be willing to wait that long for their
money. If they are not willing an issue of
Oh GO00 orth IF xri11 oil
matured debt for street improvements until
decision is received, and a further issue
will be unnecessary.
Exceptions were filed in court yesterday
by Frank Stanley, John Wilbert, Louis
Beinhauer and so others, to the report of
the viewers on the grading, paving and
curbing of Boggs avenue. The exceptants
say that while it is true that an ordinance
was passed November %, 1887, purporting to
authorize the grading of Boggs avenue, from
Bailey avenue to the city line, that further
one was passed authorizing the paving and
curbing of the same avenue from Bailey
avenue to the line of Louis Meeb's prop
erty, yet that the ordinances so passed are
wholly void for want Of jurisdiction in
Councils to enact them.
The exceptants deny that the work was
done in accordance with the terms of the
ordinances. On the contrary, it is claimed
that the engineers and others, agents of the
city, altered, changed and modified the
grade, shape and width of the avenue, so
that it was altogether different from what
was ordained by Councils.
Powers of the Legislature.
It is claimed that the General Assembly
in passing the curative act exceeded and
transgressed its power and authority, and
that the act did not make valid and binding
the improvements OF the ordinances and
proceedings relating thereto, and does not
authorize the city to collect the cost and
expense from those now obiecting, but that
the act is wholly void. 1t is also held that
the city is liable for no costs or expenses for
the improvement, as the contracts entered
into by it for that purpose were void for
want of jurisdiction in Councils and nom
compliance with the law relating thereto
Attorney c. A. O'Brien, one of tho coun-
sci in the above case, says exceptions will
also be filed on the improvement OF Shiloh
and Wyoming streets, and he possesses con-
fdence that when the Supreme Court passes
upon it the curative legislation will be de-
clared unconstitutional. He says that the
phase of curative legislation to be con-
tested in the suits has never been considered
in the Supreme Court, in the Chester City
or any other case, and when it is presented
by the attorneys he expects a decision in
favor of his clients.
1t is expected that exceptions will be filed
to the viewers reports on about 10 OF IL
streets affected by curative legislation.