Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-07-03
MORROW WILL FIGHT
To Establish the Mayors Right
to Approve Municipal
Contracts.
READY TO GO TO COURT,
City Attorney MOreland Favors Sc
curing a Legal Decision.
y
LARGE INTERESTS INVOLVED.
The Controller Threatens to Tie Up Street
Improvements.
READY TO GO TO COURT.
LARGE INTERESTS INVOLVED.
LIVELY MEETING OF A COMMITTEE

FINANCE Committee yesterday. There was
no excitement, everything passed of
smoothly, politely and quietly, bnt it was
evident there was business behind the kid
glove exterior, and the Controllers position
on the Mayors right to approve contracts
was maintained with becoming gravity and
determination.
The meeting was held in the City Attor.
ney's Office and w. A. Magee presided.
The first matter taken up for consideration
was the communication sent to Councils by
the Controller on MAY relating to the
Mayors right to approve contracts. The
Controllers position is that every city con-
tract, whether for supplies for one of the
departments or for the purchase of property,
should be approved by a resolution of
Councils and thereafter be submitted for
the Mayors approval. As it has been
heretofore the chiefs of departments let
contracts which were subsequently, ap-
proved by Councils without resolu-
tion and the Mayor had nothing
TO do with them. The Controller made
3 fight, as a matter Of principle, he says, to
have the Mayors authority in the matter
recognized. His communication to Councils
hdS It4GEEeu W lllc 6uO
the City Attorney. The latter was not
present yesterday, but sent the following
opinion on the subject:
Suggesrs an appeal TO Court
ENTLENEN-Replying to your communi-
cation of the City Controller of the 9Th of
May last, / respectfully suggest to you, as
the questions raised by him are exceedingly
smportant, they should be settled by an ap-
s,oo -o Tba nd
have never so far as l know been suggested
in the history of our home government.
The City Controller may be right in
what he says, and If he is, the
legislative department of this city
should know it. L know of no way
more easy than that OF having the court set
tie the question. In my Judgment the ques-
zion at issue can easily be adjusted. I would
advise it to be as speedily done as possible,
inasmuch as the city is largely involved in
its present contracts and may be imperiled
in those involving tie bonds heretofore is
sued and contracts made which represent
large sums OF money.
1t will give me personal pleas
ure to obey any instructions
you as Councils may give. and to cooperate
with the City Controller in bringing about
= final adjustment of questions raised by
him in his carefully prepared and well-con-
sidered communication.
While 1 cannot agree with him as to the
conclusions of the law he reaches, never
q eless appreciate the gg2v witty and import
5~ the matters therein discussed.
] do not doubt all parties concerned
nre anxious these questions shall be speedily
and finally settled by our courts. II the
Controller is right in his statement Of fact
and conclusions of the law, the legislative
department Of our Government should
know it at once If it shall be he is wrong,
many persons dealing on the faith and credit
OF the city will be relieved.
The Controller Will Go to Court.
''Whst are you going to do about ito''
was the first query made in the committee /
after the opinion had been read. The first
suggestion was made BY John J. King. Said
he: "The easiest way to settle the question
would be to have all contracts embodied in
resolutions and passed as other resolutions
are. They will then go to the Mayor and
he can approve or disapprove them"
Mr. Bigham-Or we could instruct the
Controller to 20 to court and settle the mat
ter at once.
Controller Morrow-You don't need to do
that propose TO do it myself if the com-
mittee don't l believe my position is
right, Notwithstanding the City Attorney
thinks differently, and 1 feel satisfied the
court VIII sustain me.
". A. Magee-Where do you get author
ity for your position, Mr.. Controller?
Controller-In the new charter act, 1
think it very explicit Besides the practice
OF the State Department at Harrisburg is on
the same line. The Governor has the ap-
proval OF all contracts made and 1 believe
it's constitutionally- the Mayors right in
This city,
Mr. Robertson-Well. let the Mayor 90
-, ! =. 4 IL .l.
Tieing Up the City Government.
Controller-I am ready for that The |
only trouble will be that if such a course is
made necessary it will tie up the city gov |
eminent to large extent. 1 will refuse to |
pav out any money contracts until de- |
cision is reached. 1 should rather some |
other plan be adopted, but you can rest as
Bured if this committee fails to act there /
VIII be a way provided 10 settle the matter |
Nh. Magee-Will this question affect |
street improvement contracts?
Controller-That is point not covered
in my communication to Councils, but it
will be settled with the main question. 1 |
elIeye the Mayors power would enable
N to hold up contract for paving a
ect if the material did not suit him.
u instance, if the contract called for an
asphalt pavement, and he believed BRICK
would be better. he could withhold his ap-
proyal and in order to make the contract |
90 1t would require three-hfths vote of
Councils to approve it over his head, the
same as in the case of veto.
Mr. Robertson-The quickest wav to get
a settlement is to 60 into court. Make a
tated case, if you will, to get it started,
that is the only way.
tr Magee-Well, who is to go to court?
committee has no authority to raise
question. l don't think it is within the
lnce of the Mayor to determine the
OF materials used in a street pavement.
e Is no reason why he should not have
ething 70 say about such affairs but not
n arbitrary power as that. / believe the
est thing to do is to refer this matter to a
subcommittee with instructions to decide
how the matter will be taken into court.
The whole question is only one of authority
anyhow.
Wants to Garry 1t TO Court.
Mr. 'Robertson-I object to such a refer
nee. There will be waste of time GO
Court. That's the quickest way
Controller-Gentlemen, want this uues-
tion decided quickly / offered to 60 to
court with the chiefs OF departments on an
amicable suit, if they would bring it. L
agreed with them to pay all other proper
claims while the case was pending in court,
so as not to embarrass anyone. Now, if
YOU don't do something will fatlv refuse
10 pay anything affected by it until a de-
cision is received.
Mr.. Robertson moved to postpone action |
ntil the next regular meeting Mr.. Paul
Id Mr.. Binder objected, but the motion
rried, and the question which the City