Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-05-01
cause
KS IN COUNCILS
Afforded % Invalidate -1uch
Local Liquidation.
DIFFICULTY EXPECTED IN MrLLviLR

able excitement in thst town and some dis
cussion among the legal fraternity. Al
though the fight is of long standing it has
lately narrowed iown to determination
on the part of a majority of the
Council I. remove from the posi-
tion of .snairman Of Council the Bur-
CESS. safe1 Martin. 1t is claimed
he lbs no more right to a seat in the bor-
c4sh's legislative body than any other citi-
zen, and that the Burgess OF that town never
had, although he has always exercised all
the privileges of Councilman in addition to
those of his office as Burgess The authority
for this position is taken from Judge Stoves
decision in somewhat similar case two
months ago in which the borough of Du-
Quesne was interested
Judge Stoves decision affects many
boroughs in sIe western end of the State,
quite a r-.Iber of which are in this county,
and il he people make demand there will
IL gIy be some interesting legal complica-
tions
The Burgess Counts One.
The law governing boroughs in this State
provides for a council of six men, who are
alone empowered to enact the legislation of
their town, but it is provided that the court is
suing borough charter NAV, on petition of
the proper persons, designate that there shall
be five Councilmen and that the Burgess
shall have the right to seat in the Council
Under the act of 1884, borough Councils
were allowed only five men and the Burgess
was made Chairman ex oficio, but the act
of 1851 took away from him any such power
and in 1871 the borough Councils
were increased to membership of six, and
that is the limit. In the case of Duquesne
seven Councilmen were elected, although
that borough's charter makes the Burgess
member of Council. In his opinion Judge
Stowe decided that the two extra men were
not entitled to seats, and that the Burgess
=. nd five Councilmen were all that could
a. old office.
o.. Etna, Sharpsburg, M;llvale. Knoxville
I'd other boroughs in this county there are
, six regularly elected Councilmen and the
Burgess, who presides as Chairman, votes
when his vote is needed and exercises all
the powers of a Councilman.
Getting Even With the Burgess.
In the case of Etna borough, although
there is only one Democrat in Council and
the town is overwhelmingly Republican,
there is a majority who have a grievance
against the Burgess which they have nursed
for two or three years, and they are taking
the opportunity presented bv Judge Stoves
decision to get even. Burgess Martin has
held the Office for four years. He is pop
ular man. but 1t is charged that he is an
arbitrary chairman and has a habit of
shutting out any member who takes
an opposite position to him, and
he has even been referred to as
'the Gar" on various occasions At the
last meeting of the Council the question of
his right to preside was raised. The bor-
rough solicitor, T. J. Ford, was present, and
when asked for an opinion he replied that,
under the law and the borough charter,
the Burgess had no right in Coun-
Gil business except to approve or dis
approve ordinances, resolutions or
other business of that character.
The next meeting of the Council will be
held tomorrow night, and there is much
speculation as to what will be done. Those
opposed to the Burgess declare their inten-
tion of ignoring him and calling for the
election of one of their number as chair
man.
Mr.. Martin VIII Test the Law.
1t is also stated that Mr.. Martin has de.
eided to step down and out without pro-
test, but this is denied by his friends, who
say he has consulted legal authorities who
have advised him to carry the case to the
Supreme Court, where they say the law will
be declared unconstitutional
The charter of Etna was granted under
the act of 1851, ard has no clause making
the Burgess Councilman. Knoxville is in
the same position, and several of her citi-
zens have been consulting legal advice with
view of removing the Burgess from Coun-
Gil Sharpsburg has a special charter issued
before :he act of 1851, but at present has
seven Councilmen, including the Burgess.
The borough solicitor, w. P Potter saws
that while the Burgess has no legal right to
sit as Chairman of Council, he may do SO by
the courtesy of the body though having no
right to vote.
AT the present time the question is an
Important one in Millvale borough owing to
the tight on there between the Manchester
and Pleasant Valley street car lines. A
copy Of the borough charter could not be
found yesterday, but it was stated that it
provides for the Burgess sitting as a men,
Der OF Council If this is true there
should only be five CounciImen instead
of six as at present 1t is claimed that if
the question is taken into court the election
of three Councilmen last February will be
declared void, and a new election ordered.
because there should have been only two
elected. In that case the Manchester Trac-
tioD Deonle feel essured of viotorr Lo.,,..