The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-12
people? Surely you cannot deny its e

people? Surely you cannot deny its ex-
istence. You know that all the people
whom we represent indorse every past
and present effort to advance our mayor
to the rank and dignity and power occu-
piod by those of the other cities or this
commonwealth. Why, then, do you resist
these efforts? II you are induced to take
this position because you believe they are
Intended to bear conditions violative Of
the charter, you are following the guide
OF an error which Is plainly apparent to
all men learned in the law who have I'M
partially Investigated the question. IL
your opposition results from an unwilling
ness to trust the present incumbent with
any addltionl powers or privileges. then
respectfully submit that, however abun-
dantly his uhworthiness may justify the
apprehensions by which you are actuated.
your action constitutes conspiracy
against the will Of the people and the law
Of the land. Finally 1 am sure that your
determination to continue the degradation
of the mapors office of this city is not sup
ported by any reason that cannot be ami
hilated in the light of patriotic and dis
passionate consideration.
Dut the plea OF this communication. In
this behalf, only embraces one small
crumb of the large loaf of recognition un-
lawfully denied this office and, therefore,
l shall not at this time ask Of your hon
orable body any action not thus solicited.
Pursuant to the advice of the chairman of
the police committee the chief OF police
mas TtIuSeu 10 execute CIutlS Vi
the mayor having for their object the sup
preston and punishment of crime. I'm
der ordinary circumstances such an act
OF lnsubordination would furnish full war
rant for his impeachment, but because of
the fact that he surrendered to an influ-
ence that has been for a long time al
lowed to govern his office, 1t would be un-
just to hold him responsible for the Of
fense. I know that he would cheerfully
render obedience to the orders or the
raI hot i. In n In
so, and respectfully suggest that this as
surance be given to him in an ordinance
commanding him to give this recognition
to the authority of the mayor. Supplied
with this and the other ordinance l have
recommended in this communication, all
opportunities for the unseemly and harm
fu contention to which L have directed
your attention would be removed and the
people served in the executive depart
ments of our government by those whom
they choose for that purpose. Yours re-
spectfully, +. NJ. Nichols, Mayor.
The second letter was as follows:
Wilkes Barre, Pa, June H. 1895.
City Council:
Gentlemen-I respectfully direct your at
tentlon to section nine of the charter or
this city in which, inter ALA, it is pro-
vided as follows: "All the ordinances,
etc, shall be published in one or more OF
the newspapers of said city, and recorded
within thirty days after the passing there
of. IN a book to be provided for that pur-
pose by said corporation and to be Kept by
the mayor; otherwise the same shall not
be valid; nor shall any such ordinance,
ETC.. be enforced until it shall be so re-
corded and published; and said book shall
be kept for the inspection, without charge,
OF all persons interested; and the said rec
ord shall be deemed and taken as sufll-
cent evidence of the passing and publica-
.tlon of all such ordinances, etc.
The requirement relating to the bo0k
described and the custody thereof has
never been complied with. In my opinion
1t IS q wise provision and therefore ought
not to be longer disregarded. The mayors
Office is peculiarly the Office of the people
and place where they naturally seek infor-
nation concerning the laws and other leg
isation affecting the government Of the
city and the rights and duties of its citi-
zens. Furthermore, the record contem-
plated in the section referred to would
greatly reduce the labor and inconven-
ience the public Is now compelled to un-
dergo in the examination of ordinances.
The search in the book designated would
be relieved of the delay and confusion In
cident to the task Of eliminating other
entries. If, however, none of these rea-
sons in favor of the charter mandate ex-
listed We could not refuse it obedience
without jeopardizing the validity Of all
our legislation. What assurance have We
that the courts would not declare all or
dinances illegal not entered in book
specially provided for that purpose and
committed to the custody of the mayor?
These directions are among the condi-
tions named as indispensable to their
validity. and hence 1t is indeed difficult to
understand how we can ignore them and
escape the result stated In the charter.
But 1t is unnecessary to argue the matter.
1t is our duty to obey the organic law of
our municipality and 1 now recommend
to your honorable body the adoption of
an ordinance authorizing the procurement
of an ordinance book to be kept in the
mayors office for the use Of the public
and in which all ordinances shall be tran
scribed within the period of time specified
in the charter.