The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-12
CRIER A HICHVAYNAN
He Tries 10 Hold Up The Bill Of The Electric
Light Company.
RODATHAN COMES TO The RESCUE
The Third Ward Commoner's Motion
Tabled and the Bill Ordered Paid,
with the Exception of One Light.
The Lamp to Be Put Back-Opinlon
from City Solicitor--A Good Meet
ing of the Lower Branch.

Common council met in regular ses'
sion last evening and the m em bsrs had
4 very busy meeting
The important feature was that
James j. Grier attempted 10 hold up
the bill OF the Scranton Electric Light
and Heat company, amounting to
80, 6lS, for the reason, as he stated, that
the company was not living up to its
contract, it having placed IL light at n
different point than that called for in
the ordinance, The bill had been, with
all others that came from the auditing
committee. approved, but in the sixth
order Of business Mr.. Grier moved to
reconsider This motion prevailed,
but the motion to hold up the COM
pany's pay roll pending a change sc-
cording to the ordinance, was not SO
fortunate.
Mr.. Robathan spoke against the mo-
ton and thSn moved to lay it on the
table. This motion prevailed. Mr.
Robathan then moved that the COM
pany's bill be paid save the one for
light that Mr. Grisr objected to. TAis
prevailed and then on motion of Mr..
Duhigg, the chairman of ths light and
water committee, was instructed to
have the light. that had been moved
without authority Of law. changed so
that its locality would conform to the
ordinance.
THE CITY NOT LIABLE
The bill of Contractor Nichols
amounting to $97 9l that was referred
to the city solicitor, was returned with
an opinion from MIR. Torrey, in which
that gentleman said the city was not
liable. The bill was for headers.
These are miniature curb stones to
keep tho pavement in position. Mr.
Torrey took the ground that no assess
ment had been made for the purpose,
md ny the terms Of the contract the
city was only liable for the sssass-
ments made for tho Improvements
specified in the ordinance. The bill
was ordered tabled.
OPINION FROM SOLICITOR ToRREY
The following opinion from the city
solicitor was read:
In November last | brought suit upon
claims for grading Lu2erne street certi-
fed to me for collection against about
thirty property owners. They filed atii'
davits Of defense, alleging as the principal
ground of defense that under the proyi'
sions Of the act Of 1889 the coun ellis had no
power to improve street by grading only
and to make an assessment for the cost by
the foot front rule
The suticieucy Of this defense was
argued at tho last argument court before
ITl ApTl lNnl ttnl f1t1n NAN haANr
handed down statement that they were
unable to agree az to the sufficieucy Of the
defense: and, therefore. refused 20 enter
| Judgment. Upon this refusal, the city
has the right to carry the case into the
supreme court for determination there
The question involves not only the legality
of the assessment on LuZerne street, but
is, / am informed, on some other streets
where asset sments have not yet been col
lected, and which were graded by the foot
| front rule.
think it would be desirable to obtain a
ruling of the supreme court, if possible,
upon the question as early as possible, i'll
order that the assessments m " be col
lected, If legal; and il not that. steps
may be taken to secure a reassessment.
Awaiting your instructions l am
Very respectfully yours,
JAMES II. ToRREY, City Solicitor.
NEW BUSINESS.
The following new business was in
troduced Mr. Davies brought in three
resolutions that were adopted. They
were: Directing the city engineer to
change names on streets where one or
more are named alike; to make no i'm
provements on any street not accepted
by the city; directing the city engineer
| to name all streets now accepted or
that may hereafter be accepted by the
1 city.
Mr.. Robothan introduced resolution
directing the building inspector to pre-.
pare plans for new homes for the Nay
Aug and Crystal companies. subject tr
approval OF the mayor and board OF en-
gineers. 1t WAS approved
Mr.. Grier introduced resolution
directing the purchase OF site for I
new home for the Cumberland Host
company. Approved.
These ordinances passed first and
second readings: Preventing the erec'
ton Of sharp pointed picket fences,
making II transfer for light in the
Nin'h ward, transferring $2j fron
Carbon Street bridge to Seventh ward
street repairs These ordinances
D ss ID third reading: Providing for
curb and flag stone walks at Excelsior
hose hou'e, amending ordinance for
paving Madison avenue, improving s
Tenth street between Fellows ant
Hampton street, empowering Economy
Eight, Heat and Power company t
erect plant.
The ordinance repeating tho grading
of North Main avenue will likely 6t
repealed, Mr., Thomas, who is very
popular, opposes the new plans anC
presented a petition against 1t. HC
also moved that the matter be referred
to the judiciary committee and his mo-
tion prevailed.
The ordinances vacating the
Drinker turnpike was Concurred in al
amended by select council,