Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-11
CAST ON THE WORLD.
ALI the Allegheny Select Councilmen
Must Step Down and Out.
HIS HONOR HANDS OUT A SURPRISE
Each Ward Will Have One Representative
in the Upper Branch.
REDIsTRICTING THE ONLY REMEDY

The terms of all Select Councilmen in Al
legheny expire April 1, and hereafter each
ward will have only one representative in
the select branch.
Such was the decision handed down yes
terday by Judge Slagle. He granted the
mandamus on the Mayor, and in conse-
quence "Pittsburg's bed-chamber" is in
wild disorder. Every member Of Select
Council must give up his seat and the per-
quisites of councils and again enter the
field, already over-populated with candi-
dates.
The decision was a great surprise because
nearly every one believed that one Select
Councilman from each ward would hold
over under the new charter until 1893.
There was but little talk of carrying the
case to the Supreme Court as Judge Slagle's
opinion seems plain enough. This case, it
was of cou1se understood, was simply to
settle the question of whether one Select
Councilman from each ward held over and
to determine the number OF representatives
that would be allowed in Select Council
from each ward.
The Next Move to Divide the Wards.
Now, as this is decided, the next move
will be to divide the wards, because every
one recognizes that 13 members in Select
Council would not be enough. Hence,
rather than lose time in taking the case to
the Supreme Court, an attempt will be made
to increase the representation in Select
Council by doubling the number of wards.
The people who expected to retain their
seats in Select Council, but who are thrown
out by their decision are: Samuel D. Hub
ley, First ward; Henry Z. Lowe, Second
Kennedy, Fourth ward; James H. Lindsay,
Fifth ward; George A. Cochrane. Sixth
ward; George Schad. Eighth ward; Michael
Harman, Ninth ward; Fred Enrich, Tenth
ward; j. r. Henrichs, Eleventh ward;
Morris Einstein, Twelfth ward: John G.
Walther, Thirteenth ward. In the Seve nth
ward c. A. Muehlbronner would have held
ont over, but he has already resigned his
seat.
In his opinion Judge Slagle recites the
history OF the petition for a mandamus on
Mayor Wyman and the laws regarding cities
OF the second class. Then ne says:
How the Court Views the Case.
SIT is perfectly clear that under the provis-
ions of this act, by virtue of its population. Of
which the certificate of the Governor is evil
dence. the city of Allegheny has become city
of the second class. to be fully organized as
such upon the first Monday of April next. As
members of Select Council are officers OF the
city it seems to be equally clear that they shall
be elected at the next municipal election after
the date Of the Governoi's certificate, which is
the third Tuesday in February, 1901, and that
the terms of those Select CouncIlmen now in
Office shall cease and determine on the first
Monday of April next succeeding"
The counsel for defendant contends that
there is no necessity for an election because
there now in office one member from each
ward who should continue in office until the
expiration of their terms in 1893. Such con-
struction is not in accordance with the letter
or spirit of the law. If an election is post
poned until 1898 the difficulties in applying the
law would be greater than now. The law
plainly requires an election, the next election
after the date of the Governors certificate, and
just as plainly provides that the term of those
persons then in office shall cease on the first
MondaS of April following. This division is
sufficient and mandamus will be issued for an
election proclamation in accordance with this
opinion under the act of 1859.
The decision was the only topic of con-
versation at City Hall last night, but when
it came to talking for publication there was
dearth of both Councilmen and inter-
views. Mayor Wyman would only be in
terviewed as saying:
Mayor Wyman Not Personally Interested.
ST have no personal feeling in the matter,
and will do as the court and Council may
direct me. The case was simply a test and
1 do not know what will be the next move"
Chairman George w. Snaman was found
at his store on Federal street. Said he: 'aThe
decision is quite surprise. 1 thought one
man from each ward would hold over. How
ever it settles several of the vexing ques-
tions. do not believe it will be taken to
the Supreme Court This decision seems
plain enough, and we can't afford to lose the
time. We will have to commence at once on
the division of the wards 1t is question
whether they can be divided in time for the
election in February. We will first have to
have vote of the people signifying their
desire to have a division. Lines will
have to be drawn and in order to fit the
political situation in each locality they are
not likely to be drawn straight. After that
the Court would have to recognize the new
wards and all these details would take up
most of the time.
''Tne great trouble will be in dividing the
school districts. If that formality has to be
gone through with before the election the
change cannot be made unless all the
school districts agree to turn over all their
property to the Board of Control and make
only one district of the city.
Committees Have to Do Some Work.
''The legal committee will have to decide
what step Is to be taken, and will call a
special meeting of the Finance Committee
early next week, to receive its report"
Health Officer Bradley said he was sur
prsed at the opinion handed down, but he
did not think the case would be taken any
further,
Chief Murphy was somewhat excited, and
thought the matter should be tested in q
higher court.
To ex.Councilman Knox. of the First
ward, the decision was what he had ex-
pected. He believed the only thing to be
done was to divide the wards, but he did not
believe it could be done in time for the
spring election.
Councilman Buente, of the Second ward,
| was interviewed, but he said he had not
been paying enough attention to the matter
to give an opinion.