Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-17
FIGHTING FOR SEATS.
Supreme Court to Fix the Number of
Borough Councilmen and
DEFINE THE POWERS OF A BURGESS
Common Pleas Court Judges Evenly Di.
vided on the Issue.
RURAL RESIDENTS WANT PROTECTION

Papers will be served to-day in q case tc
come before the Supreme Court during the
present week, decision on which will bt
of great interest to many members of the
legal profession. 1t is the question of how
many persons legally constitute the NUM-
cipal Council of borough. There is q
wide diversion of opinions on the subject,
and nearly every borough in the State is
interested in the decision. A majority of
those in this county are especially inter-
ested, as already number have legal suits
in various forms pending as . result of con-
ficting opinions by the lower courts.
The Supreme Court has never passed on
the question, but what adds special inter
est to it among the lawyers is that two
Judges of the lower court have at different
times decided one way, while two others
have given an opposite decision.
Rejected by the Election Oficera
The question is being carried to the su-
preme Court by two men elected for three
year terms to seats in the Borough Coun Gil
OF Duquesne. City Attorney Moreland has
charge OF the appeal. Although there was
no claim set up that the appellants did not
nave the highest number of votes, the elec-
tion officers refused to issue certificates en-.
titling them to their seats, alleging that their
election was unlawful. This allegation was
based on the fact that the court had, in
granting the borough charter, designated
the Burgess as the presiding officer. 1t was
claimed that under the law five persons
constituted the Council, and he was entitled
to all the rights and privileges Of regularly
elected member
The question was taken into court on an
applicati tion for mandamus on the election
d n 1nhf fhn nfsffn
oi the Doaro, his decision, OF recent date,
causing quite sensation in legal circles
In their appeal the two would. be Council
men claim that under a general act Of 1873
Borough Councils are made to consist of six
persons. two elected for one year, two for
two years and two for three years. They
as member OF Council is intended to desig-
nate presiding officer and to make him ex.
officio member OF the body.
Claim Office Under the Act of 1873.
Under the act OF 1873 they claim the legis-
lative bodies of boroughs consist of seven
persons, including tho Burgess, instead OF
i've as the Duquesne election officers con-
tend. Another point in the controversy is
the question of the election boards right to
reiuse the persons elected for three years
In stead of those elected for one year, even
should their decision as to the number be
sustained.
Attorneys who have investigated the
question have found that there are many
boroughs in the State operating under
special acts or special charters which in
some cases provide for three or four Coun-
cilmen: But the majority are subject to the
general laws and should the Supreme Court
reverse Judge Stowe in this case there will
De number In which additional members
Will be added ut the next election. Should
the judges decision be sustained n number
where seven men now constitute the Council
manic body will find it necessary to makea
change: Among the towns in this county
'pecially interested are Sharpsburg, Etna,
Braddock, Knoxville and bellevue.
A New Borough to Be Chartered.
A charter for the new borough OF ST. Clair
will probably be granted in a few days.. The
lew government will be the best and most
hickly populated portion of Lower St.
Clair township, adjoining the city line,
'outh of the Twenty. seventh ward In juno |
he grand jury recommended the new bor- |
,u2 $ application for charter. Under the |
aw one term OF court must intervene De- |
ween the application for and the gran ting |
he borough will have been Incorporated |
before the fall election, the residents will |
lot choose borough officers until the Feb |
'unry elections.
The movement to organize a borough was |
'ronght about by spirit among the people |
large number OF public spirited men, many
II whom own valuable properties. A few |
ears ago they attempted to have part of |
he township attached to the city. but were |
lefeated by the conservative element A
,ompromise was finally effected and now
ne mnG roads, erect public lights and pro-
'ide police and file protection for the new
own. AS result property values have
lready increased considerably.