Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-04-06
LOOTED BY ROBBERS.
City Attorney Moreland Declares
That the Municipality Is
AT THE MERCY OF .SYNDICATES.
Closing the Litigation Over the Purchase
of Fire Engines.
ARGUMENTS in THE AM0SKEAG CASE

Final argument was commenced yester-
day in the Silsby-Amoskeag fire engine
case before George P. Hamilton, the mas
ter. George W. Guthrie appeared for II.
E. Stafford, taxpayer, and others, who are
the plaintiffs, and Major w. c. Moreland
argued for the city. Testimony has been
taken for period covering three years,
and it now looks as if the long-drawn-out
contest will soon be brought to close.
The evidence as it was given from time to
time was fully published in The DISPATCH,
and it is needless to remark that much
valuable space has been given up to the
frequent engine tests, with which the read
ing public is so familiar.
When and Where the Trouble Began.
Chief Brown purchased two extra large
sized Amoskeag engines for the fire depart
ment about three years ago. The Sllsby
Company, through Mr.. Stafford, claimed the
specifications were so worded as to shut out
all competition, and in a bill in equity they
specifically charged frand. Judge White
granted a preliminary @ @isjpncthions m ito s but 1t
Court. The cost Of the Amoskeag
engines was $4,000, not cent
of which has been paid up to
date, and the interest on the money
amounts to 81, 500. all of which the city Will
have to pay sooner or later. Meanwhile,
pending the litigation, tie AmoskeaG en-
gines have been in use, and Major Moreland
claims they have given eminent satisfaction.
The greater part of the day was taken up
with the arguments of counsel in Mr.. Ham1l-
toms office. Nobody vas present but the the
reporters. Neither side finished, and the AZ
puments will be resumed on Thursday.
George W. Guthrie, in his presentation OF
the case for the plaintiffs, made these law
points:
The Arguments of the Plaintiffs
Chief Brown had no authority to purchase
engines and the city never authorized him.
Contracts binding the city can't be made
without ordinances, and any city official
paying out money without an appropriation
is guilty of a crime. The evidence shows
that the fire department was authorized to
have Il engines; that at the time of the
transaction complained of it had 16
engines in active use without count
ing several more held as reserves,
and that there had never been an ordinance
authorizing the purchase of these engines.
Mr.. Guthrie claimed the advertisement was
SO worded as TO exclude all competition, as
no company could furnish an engine that
would answer the specifications except the
Manchester Engine Company. He then re-
viewed the evidence in an exhaustive man.
II, 1
sarcastic, as, on the other hand, Maj More
lands were often facetious.
Mr.. Guthrie referred to the complaint of
Chief Brown that in case different styles of
engines were bought it would be impossible
to transfer the engineers, as they would not
be familiar with the workings of the new
ones. To this MIR. Guthrie replied that
Chief Browns men testified that engineers
are seldom transferred and the work is not
so difficult but that it can be learned in a
short time. The Chief also testified that
the SilsbY engines couldn't be repaired in
Pittsburg. The fact is none of the engines
are repaired here, and if a part is broken it
is made at the works and semitic the city.
Two Questions by the CompIainants.
Continuing, Mr. Guthrie said: "The two
main questions are: Had these parties
right to make such a contract? and, if they
had, wouldn't it be ground for an injunc-
lion? If the injunction should be granted
Mr. Brown and the Manchester Locomotive
Works must look out for the engines pur-
chased. Let the AK fall where it will; those
whom it cuts must stand the paiE."
Major Moreland, even before a few, is
dramatic in manner, and ne made 4 lengthy
speech in which he explained the formation
OF the city government and the rights and
powers delegated to the heads OF depart
ments: He showed that the Board of
Awards consists of the Mayor and the three
chiefs: that in themselves they haven't the
authority to make contracts. This
belongs to Councils, the legis-
81 am glad this case is finally coming before
a judicial tribunal TO be tried and de-
termined. For nearly three years it has
been tried ex parte in the newspapers, pos
sibly for the effect it will have on the
Master The act of 1887 confers on the city
officers, as well as the Mayor, the power to
act for their departments. l take issue with
the other side that these men are mere
hireings, and that the Mayor has the
authority to lay his hands on them and
direct their affairs. They have authority
conferred upon them like the Mayor.
Constitutional Limit to City Debt.
"Therei is constitutional limit on munich
pal Indebtedness. 1t is question whether
we up to the limit or not. If the sinking
fund is counted out, we are up to the limit,
but if it is allowed as an honest credit, we
still have 100000 to go on. Now every
year estimates are made by the heads of the
departments for the next II months. The
first thing considered is the amount of inter
est and -, other fixed charges to be
estimates to Councils what is needed. |
1t lies with Councils to say what they will |
give for the year. At the beginning of this |
fiscal year we have estimates of So. 900 600 ap-
for the expenditures of the city. |
OF this sum $500. coo is donated to the Depart |
ment of Public Safety. 1t is not subject to |
the Chiefs S:i warrant The 1 law says that for
advertised and let to the lowest bidder. |
That law existed when these engines were |
purchased. The Chiefs of the departments |
formed a federation to open bids received |
by the Controller from the public. They |
haven't the authority to make awards.
"Under the act of 1887 the Chief of the De-
partment OF Public SAFETY is held responsible
1or the police and fire. He has full control |
Of them. The Chief in buying engines con-
fessed that he was novice i'll the business. /
He adveI tised. according to law, and this is |
the most pernicious law governing cities
ever enacted. The city can't make as good |
a contract as an individual. Why? Because |
when she buys she is always confronted with |
an organized syndicate, Christian robbcrs, |
if you please"
Guthrie-That is a good reason why an |
should be granted.
Compiled Strictly With the Law.
Moreiand-But it can't be DONE The pur-
chase OF these engines was made according |
to law. The business was properly adver- |
tised. The advertisement contained a num- |
ber of specifications. The testimony shows |
that there isn't an engine factory in the |
country that couldn't have built them, but 4
instead of that, with the exception OF the |
the manufacturers said they
would make the engines to conform to the |
Their engines were plas-
tered over with patents, and each Claimed |
some popularity that made their en-
gines better than any other. If |
we had bought one there would have
been endless suits for damages. The Amos
keag Company was the only one that even |
attempted to conform to the specifications |
laid down. The other people never offered |
what the city wanted.
Mr.. Moreland asked the Master to put
himself in Chief Browns place. and wnat |
81 ances. "The other side says readvertise:
but what good, to have the same thing re-
Deated few weeks hence? There was no
ii you please.
tense at bidding on the part of the other
companies !or what was advertised. The