Freeland tribune. (Freeland, Pa.) 1888-1921, 1893-07-13
BOROUGH LEGISLATION.
COUNClLMEN MEET AND TRANSACT
IMPORTANT BUSINESS.

tWEOh AN DOSlNGOO.
Opinions of the Borough Solicitor Given
Upon Some Intricate Questions-Rid
Street to be Opened to Width of
Thirty Feet from South to Main.
The members of council met in special
session on Tuesday evening. Messrs.
Williamson, Moore, Mclaughlin, De-
Pierro and Fritzinger were present.
The minutes of the last regular meeting
were read and approved. The president
stated that the object of the meeting
was to hear the report of the special
committee who waited on the borough
solicitor regarding the matters referred
to him.
Councilman DePierro presented the
solicitors report, and it was read by the
secretary as follows:
In answer to the, matters referred by
you to me / respectfully reply as foil ows:
l. The council cannot legally employ
public moneys to defend officers from
the consequences of their own acts, and
as to the case of John Martiszus, l do
not know that the officers were engaged
in doing any work for which the council
would be justified in defending them.
2. In answer to the question, "can the
owner of the property from Chestnut
street south to alley be compelled to put
down ditch, etc.,. I would say that
under the circumstances in this case /
think not There is no space for side
walk along the lot, and the council has
before now purchased the land along the
Donop estate, also from Adam Sachs,
and at its own cost put down curbing,
sidewalk and gutter for Patrick Dooris.
There is no gutter along the lots owned
by the knights of Labor and the side
walk along the Lubrecht and Fowler
properties does not conform to the bor-
ough ordinance. Under these circum-
stances | am of the opinion that if the
council lays the gutter they cannot re-
cover from the owner, and if the ordin-
ance is to be enforced it should be done
in regard to all in the vicinity
3. AS to the matter of William Herr
berg selling at auction, as it is presented
to me there is no violation of the ordin-
ance. An auction is where an article is
put up for sale and sold to one of many
bidders; it is a consecutive bidding in
tended to reach the highest price by
exciting competition. Since he only
offers at one price it is not an auction;
room, it cannot be public outcry as
that must be made in public place
such as street or alley.
4. | will when court is next in session
apply for the appointment of viewers to
report on the Ridge street matter |
would recommend that new ordinance
be ordained and published
5. | will at the earliest possible
moment procure the exact location of
the public road which is now johnson
street and then advise the council
further. Respectfully Yours,
John D. Hayes, Borough Solicitor.
The first, second and third sections
were laid over until some future time.
The fourth and fifth sections were ap-
proved.
Councilman DePierro presented an
ordinance for the opening and widening
of Ridge street from South to Main, and
it was read for the first time, the vote
stood: Ayes, 5; nays, none.
Messrs Mclaughlin, Fritzinger and
DePierro were appointed committee to
meet the officers of the Water Company
in reference to the location for fence on
the northeast end of the park and to
lay out the same.
The ordinance for the opening and
widening of Ridge street was read a
second time and agreed to by the same
vote as before.
Patrick Dougherty presented himself
before council and asked that the bor-
ough place new sills under his stable,
claiming that the water flowing down
the alley had rotted them. A general
discussion took place and the matter
was laid over until the street committee
make its report.
The Ridge street ordinance was again
read, and approved of finally by vote
same as two previous times. On motion
of Mr.. DePierro, seconded by Mr. Nc
Laughlin, the ordinance was ordered to
be published.
A petition presented from residents
on the lower end of Main street request
ed council to place street lamp there.
It was decided to do SO. The secretary
was instructed to order lamp and the
street committee will locate the position
where it is to be placed.
During the time of the reading of the
solicitors opinion, Messrs. Neuburger,
Geritz and Herzberg spoke upon the
questions under discussion.
The Hazleton Liar.
From the White Haven Journal.
There is a chap over in Hazleton who