The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1893-09-22
COUNCIL PROCEEDINGS.

A special meeting of Council was
held Wednesday evening Sept. I3th.
All members present.
Building permit granted to Mr..
Ratti provided he erects culvert so
far as the run reaches along his prop
erty.
1t was directed that the ordinance
relating to the grading Of West street
be changed SO as to allow drop of a
foot at the alley In the rear Of Sterner's
property.
The Solicitor handed in an opinion
relating to the taxation of the property
situated on corner of Iron and Third
streets owned by the Catholic church.
At former meeting of the Council j,
was requested that this property be
exonerated from taxation because il
was church property, and in the future
would lie used for parochial school.
The Council refused, because it is now
drawing rent, and hence should pay
tax. The solicitor concured in this
opinion.
The committee on Highways gave
the following report; "We recon-
mend that Mr.. Brewer raise his pave
ment to grade at Penn St.
and the Commissioner Of Highways
be instructed to put in open cutters
across Penn St. and grade same to
suit Second ST., and that Penn st. be
cut down is inches at the alley; this
work not to be done until the Normal
School finish their grading on said ST."
Grant Herring Esq. appeared and
asked for the opening OF East Third
Street north of East, and give the
property owners an opportunity to en-
JOY the rights and privileges others en-
JOY. The question was raised IN re-
gard to the assessment Of damages
and stated that damages must be paid
as soon as the street is opened. A
motion was then made that East
Third Street be opened Immediately,
and the sewer extended up said street.
Complaint was made in regard to
the sewer at the carpet mill. The
Superintendent Of sewer and street
commissioner were directed to ex.
anime the inlets to the sewer at the
carpet mill.
A special meeting of Council was
held Saturday evening, September 10Th,
10 hear the opinion Of the Solicitor in
reference to the right Of the president
to remove Thomas Cory from the
committee on highways and appoin,
another. The Solicitor in giving his
opinion took the assumption that the
President of the Town Council had
the power to appoint Mr.. Cory to the
position he did.
"After somewhat lengthy search
have been unable to find precedent
exactly in point, and doubt if the
books contain case on all fours with
the present one. Therefore we mus,
depend, for the solution Of this ques-
ton upon general principles; ana !
believe that throughout the entire history
of municipal government In this state
it has been generally conceded tina,
the power of appointment carries with
it the power of removal, except where
such removal is expressly restricted. "
He quoted from the present Consti.
tuition of our state as follows: zap
pointed officers, other than Judges of
the Courts of Record and the Supt. of
Public Instruction, may be removed
at the pleasure of the power by which
they shall have been appointed" In
Buckalew on the Constitution the
learned Author commenting OH this
section, says, "There can be no ques-
| ton that the second division of this
section (above quoted) has introduced
into the constitution most important
change relating to removal from Office.
Except as to few Offices mentioned
therein, a power to remove will here
after be insepara6le from the po,osr
to appoint. The power will extend
to officers appointed for fixed, stat,
utory terms, as well as to others, and
may be exercised by an inferior ap-
pointing power as we'll as by the Gov
ernor OF the Commonwealth. ****"
After quoting many other cases all
bearing upon appointing powers having
a right to remove appointees he said !:
If the power to appoint has the pow
er to remove, we are then confronted
by the question had the President Of
the Town Council the power to ap-
point Mr.. Corey.
l am Of the opinion that he had,
not by reason of anything contained
in our Town Charter not by virtue of
any ordinance or enactment OF the
Council, but by common consent, by
the uninterrupted custom of your body.
1t has always been the practice, am
informed, for the President to ap-
point the standing committees, and
the Council proper has acknowledged