Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-05-10
WHAT WAS NOT DONE.
Many Important City Measures We're
Laid Upon the Shelf.
THE ALEXANDER OPTION KILLED.
Controller Morrow Makes Strong Plea
for the Mayors Power.
CHIEF BROWN WANTS MORE POLICEMEN

1eSItTUdN SOuHCll ulcclluS was Chiefly
remarkable for the business that was not
transacted. A number of important mat
tiers came up for consideration, but definite
action on only one or two such papers was
taken and reference to committees was the
fate of the balance.
There was an unusually large attendance
of citizens interested in the action taken on
various ordinances, among them a large
number of TYenty-third ward property
holders who were anxious to know what
Councils would do with the vitrifed brick
ordinance. They were disappointed
however, the ordinance for some reason not
being included in the report of the Public
Works Committee.
As previously printed in THE DISPATCH,
the new Poor Farm ordinance was presented
by Chairman Perry, of the Charities Com
mittee, and referred to that committee for
q report, and a resolution was adopted re-
jecting the Alexander farm option.
The free bridge question was revived in
Common Council by resolution from Mr.
Bigham for the appointment ofa committee
to investigate into the question of available
sites, cost and other features.
Another Southside Bridge Promised
Mr.. Finn raised the question that year
sgo similar committee had reported on q
site between the Smithfield street and
Tenth street bridges, and that Chief Bige-
low had been instructed to report the cost
Of the bridge, but had not complied. The
resolution was adopted in spite of Mr..
Flinn's objections. After the meeting Mr..
Finn, Mr.. Benz and ether Southside mem-
bers visited Chief Bigelow and were prom
ised that he would report per Councils
instructions at the next meeting of Coun.
ellis
Three street railway ordinances were pre-
sented. one for the Bloomfield stree Rail-
way Company, chartered ut Harrisburg
yesterday, OF which Joshua Rhodes, John
q. Taggart, George NJ. Won Bonnhorst, W.
II. Self and William NJ. Adams are the in
The % route begins n @ at MiIiVaie i ss s&d Center
avenue along AIillvale street to the pro-
posed bridge across the Pennsylvania Rail
road, to 1ew street; to Mathilda street. to
Liberty avenue, to Main street, and thence
10 Penn avenue: also along Edmund from
Liberty to Penn.
The Williamsburg Street Railway Com
pany, one OF the branches of the DuQuesne
Traction Company, which has been COM
pleted, asks for an extension o time to Feb
Iuary, 1898 This is the GTazfer street or
Hamilton avenue route to Williamsburg, on
which work is now being done.
More Street Railway Franchises Wanted.
4h0 ali hdllWdY
Company asks for additional right of way
over a route beginning at Fralich and
Forbes streets. where their present line
now crosses Forbes street, along Forbes
to Craig streets, and returning thence along
Forbes street to Fralich street, the place of
beginning.
The old bill for s22,977 Il of the Philadel-
phia Company's for natural gas furnished
the Brilliant water works early last year, on
which suit is now pending, came up in
Select Council. Endorsed by Chief Bicelow,
the Mayor aud the contractor, and was
ordered paid, but when it ached Common
Council was laid over at request of Messrs.
Wright and Ferguson, who claimed it was
incorrect.
The ordinance providing interest to con-
tractors on street improvements when COM
pleted was presented and referred to the
Finance Committee Chief Brown sent in a
communication asking for more police The
Underground wire ordinance was not pre-
sented. conference having been held in the
Mayors office between electric light and
telegraph and city officials during the morn
ing, at which it was decided best to wait a
week or two before presenting an ordinance.
A number of members withdrew from
Select Council before business in that branch
was finished, breaking a quorum and COM
pelling adjournment. A special meeting
next Monday will be the result.
Morrow Flies an Objection.
Controller Morrow's fight to have all city
contracts submitted to the Mayor for APP
proval came up in Common Council on the
lOllO"lllS communication, Wllcn was
referred to the Finance Committee and the
City Attorney without discussion:
PITTsBURG, Pa, May 9.
To The Select and Common Councils:
GENTLEMEN-Having been furnished by the
clerks of your honorable bodies with certifi-
Gates of your affirmative action in the matter
Of the approval of contracts for sundry sun
plies for the current year awarded by the
Chief Of the Department of Public Safety
which certihcation of your approval is ill.,
tended a1ItlOriZe n - ba
sary disbursements under the said contracts,
] desire to inform your honorable bodies of
my belief that said action is incomplete and
of quite doubtful legality in its present FORM
Referring to the letter of Mayor Gourley of a
recent date, wherein he called your att enton
TO the ACCESSIBILITY of having his official con-
currence upon the approval of those con-
tracts. am constrained to the same views
therein EXPRESSED, and will not consider
myself sufficiently empowered to pay any
bills under those contracts until the power
of Councils to bind the city in that manner
is established quite clearly beyond reason
able question. In this case do not think
the Councils alone have legal power to en-
gage the expenditure of a single dollar If
the approval of contracts be an executive
function of municipal government, the |
Mayor, if he be the chief executive shall |
have duties to perform pertaining thereto by |
necessary implication.
Must Have the Mayors Approval,
II such acts are held TO be legisI alive acts,
they must follow the prescribed course for |
all leg gslation and the presentation to the I
Mayor for his approval or disapproval be- |
comes imperative. Is the making of con- |
tracts an executive or legislative actP 1t is |
both, tor 1t is accomplished in two distinct |
steps The one is the preparation of the |
specifications, their exhibition, the exam
ination OF the materials and proposals the
tabulation of the bids and the discriminat-
ing exercise of Judgment in regard 10
same, and the designation of the lowest
and best. all OF which duties 1 |
concede should be performed bv
the executive departments seyerallv su6-
tect to the supervisory power of the Mayor
Here the executive functions stop and the
legislative powers begin. The resolve con.
clusion or determination OF the governing |
body to indulge certain expenditures and
commit the city to their payment-the will |
or consent to make the purchase and let the
contract is the other STOP and involves tho
exercise of legislative power. 1t is the
higher power, initiatory and paramount |
and it is in this volitional sense that the
law vests in the legislative department
the making of contracts. The legislative
department OF the city alone has the
power to make contracts, and must exer- |
else 1t by Il resolution of Councils to that
effect, which must be approved Dy the Mavor !
or passed over his veto. As the consoli- !
oatlon act of lsS7 vested the corporate
authority in the Councils and the Mayor,an
Us thc attempt to assign legislative
functions specifically to Councils and eIecu-
1--WE duties specifically to che Mayor by the
new Charter act of lsS7 was disallowed by |
the supreme Court, can see no meaning in
the law, unless the joint action of these two
arms be necessary to constitute any
OF the corporate power by the consolida-
non act was confirmed by supplement- in
Ie'i, which latter was sought to be repealed
IN Iod9 IN respect to the Mayors power of
supervision over the OH GERS which repeal
lug act has been impeached by the Supreme
Court ana altogether supplanted by the |