Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-11-06
STREET LAW TESTS
Will Be Secured Before Any More
Contracts Are Awarded.
CITY OFFICERS IN CONFERENCE
Decide to Take Immediate Steps to Secure a
Court Ruling.
THE PLANS WILL BE ARRANGED TODAY

All street Improvements, with the excep.
tion of one or two cases of absolute neces-
sity await the action of the courts on
the new law relating to them. This decision
| is the result of conference between
Mayor Gourley, Controller Morrow and
Chief Bigelow in the Mayors Office yester'
day afternoon. One or more test cases will
be put under way in very short time, and
before February 1 it is thought decision
will be had from the Supreme Court.
AT the last meeting of Council number
of ordinances were passed for grading, paw
ing and curbing streets and laying sewers.
Mayor Gourley got to looking them over
Yesterday preparatory to signing them,
but after considering the matter while de-
cided to first have talk with Chief Bigelow
and Controller Morrow,
Enough on Hand Already.
AT the conference the Controller said he
was opposed to making any more improve
ments until the new street act had been
proven constitutional beyond all question.
Should the law be found invalid he argued
that the city already had enough of such
matters on its hands. Cold weather he
said, was approaching, and very little work
could be done on streets anyway, SO there
could not be great inconvenience caused by
a temporary halt. ! The Mayor agreed with
the Controller.
Chief Bigelow said such a plan was per-
fectly satisfactory to him, but it need not
prevent the Mayor from sigsing the ordi-
nances. Such course would make it neces-
sary to pass the ordinances again some time,
and ,faH xIn%
trouble. 1t was finally agreed that the bills
should be signed, but that Chief Bigelow
would not let the contracts under them un-
til after the courts had acted on the street
law. The necessity of a prompt move in
the matter of having test cases brought was
granted by all three, and they decided to
confer with City Attorney Moreland to-day
as to the best plans of procedure.
The Only Safe Plan.
When seen after the conference Mayor
Gourley said SIT is clear that the city is
taking some risk in letting any more con-
tracts, and I think the plan adopted is the
only proper one. Controller Morrow and
Chief Bigelow are of similar opinion. I
think we can have decision from the Su-
preme Court by the latter part of January
As to the method of introducing test am
not altogether clear. Whether suit can be
entered at once to restrain the city from
going ahead with the. work, or whether it
whl be necessary to wait until the contract
is completed and assessments are made, is a
matter we will have to get some light on at
the conference with the City Attorney to-
morrow"
Assistant City Attorney House, when
asked about the matter, said there would be
no trouble about getting the suits started
soon. "When an ordinance is passed for
the improvement of a certain street." said
he, "any property holder on that street can
file bill in equity to restrain the city from
letting the contract on the ground that the
new law is unconstitutional That will
bring the question squarely before the
court"