The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-03
Will The ACT Stand
AHu-AnatxaGOniStS Think That II Is Ua-
constitutional.
REASONS that They ADVANCE
Say That the Act of 1889 Is Special
Legislation of the Broadest Kind.
The Title They Claim Is Fatally De-
fective--The Upsetting Act Would
Lead to Serious Complications.

portion of Lackawanna township to
the city say that the project will re-
suit in general upsstting Of city af-
fairs. They are confident that the
courts will declare unconstitutional the
act of 1889, under which the city is at
present operating.
IL that event our city would be in a
chaotic STATE, indeed.
! 1t would be necessary to 20 back to
the act Of 1874. under which the city
WAS governei prior to the passage OF
the act of 1882 and lead to complica-
tious and mixing up Of affairs calcu-
lated to make the person dizzy who
tries to solve the problem of where we
would he at.
Scranton has had some unpleasant
experience in the past with legislation
that was declared invalid,
When the act of 1889 was passed it
legislated some of the city officials out
of office. That act changed the term
of many city officers aud it would re-
quire considerable figuring now to
ascertain Just who are entitled TO con-
duct city affairs in case the theory of
the anti-annexationists should prove
correct
They declare that the act is uncon.
stitutional for many reasons. the
principal one being that it is class
legislation-Of the most vicious and vio'
lent kind. Such class legislation Rs
| the supreme court has repeatedly con
demned and declared null aud void and
to stamp out which the constitution
was amended.
IT the courts do not think the act
special legislation they will have q
number of alleged flaws in it to deal
with.
COURT W1NKED AT 1T,
It is maintained that the supreme
court has been called upon several
times to pass upon the act but that in
each case the question at issue was dis
posed of by thu learned justices with
out dealing with the question of consti.
tutionality The anti.annexationists cay
that the action of the highest tribunal
of the state shows that it is aware that
the act is weak, constitutionally, but
it hesitstes to tamper with it on ac-
count Of the trouble and complications
that would result in all the cities of
the state operating under the act. 1t
ia asserted that the justices do not want
10 pass upon the constitutionality Of
the act unless forced to do so and
therefore the foes OF annexation pro-
pose to raise that issue sqrGiely.
The part Of the act that is deemad
particularly vulnerable is section one.
article nineteen, which reads az follows:
Section Tile term settles Of the third
classn shall include only:
First-All cities of the proper popula-
lation which have been incorporated un =
der the provision OF an act Of assembly en-
titled; IAN act dividing cities OF this state
into three classes. regulating the passage
of ordinances, providing for contracts for
supplies and work for said cities, authoriz-
ing the increase Of Indebtedness and the
creation Of sinking fund to redeem the
same, defuing and Furnishing certain Of.
fenses in all Of said cities and providing
for the Incorporation and government OF
the cities Of third class, approved the
twenty.third day of May, one thousand
eight hundred and seventy-four, or which
may hereafter lie incorporated under the
provisions Of this act:
Second-All cities of the proper popula.
tion which have accepted the provisions
Of the said act Of the tweuty-third day Of
May, one thousand eight hundred and
seYenty-four, in the manner prescribed in
tie fifty-Seventh section thereof.
Third--All other cities OF the proper
population only from, and after their ac-
ceptance Of the provisions Of the said act
Of the twenty third day Of May, one thous-
and eight hundred and seventy-four in
the manner prescribed in the fifth fifty
seventh section thereof.
WHERE IT IS WEAK
The fight to prevent annexation will
be carried on by Attorney |. H. Burns
and Senator NJ. f. Mcdonald. The lat
ter was member Of the house 81 rep
resentatives when the act of 1889 was
paesed. and Mr.. Burns was solicitor
for the city all that time.
1t is maintained that the portion Of
the act above quoted was an amend
ment offered aG the eleventh hour Of
the session for the purpose Of securing
the passage Of the bill.
1t was the night before the final ad.
journment of the legislature and the
Gill was in the hands OF the conference
committee Of the house and senate.
Representative from Wilkes Barre and
Allegheny were opposed to the bill and
threatened to defeat it on final pas
sage. They did not want the act to
apply TO their cities which are in the
third class, but were satisfied to let
the bill 60 through if in some way the
bill could be so amended as not to in
clude their cities. Then it was, the
anti. .annexationists say, that genius
came forward and offered an amend
ment in the shape Of the section above
quoted, which left out Allegheny,
Wilkes Barre and Lancaster, because
they had neither accepted the provi-
sions of the act Of 1874 or been incor-
porated under it. This amendment,
they say, was accepted as the best way
ont OF the dilemma.
The excluding of these cities, 1t /:
held, makes the act class legislation in
the broadeSt sense Of the word.
SAY TITLE IS DEFECTIVE.
Tht title of the act is AN act provid
ing for tho Incorporation and govern
ment of CITIES OF the third class" Th!
title. it is said, presupposes the fac
that all cities Of the third class arr
legislated for. but the body Of the bill
coutradicts the title by legislating for
only portion of the third class cities
The title is also defective, it Is urged
in that it says nothing whatever abou
annexation. furthermore, annexation
such as is proposed by the act. Is held
to be class legislation. Annexation
legislation, say the antis, should apply
to all cities of the state and any legis
lation that provides for particular an
nexation proceedings for partioula
classes of cities runs counter to tn,
constitution and therefore must fall.
Further objection will be made t
the changing of township and schoo
district lines by what is termed spscia
; legislation.
These points will be argued befor,
the three judges in court on Saturday
, morning and an early opinion iS ex
) pecte1. 1t matters not which way thu
| 1aot1n, 4. Il.