The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-22
TWO MJUNCTIONS
PREVENTED THE FUN
One Was from COSrt and the Other from
Republican Selectmen.
BOTH FIGHTS RESTRAINED THEREBY
Barber Asphalt Company Induces
Court to EnjOin Councils from Con.
sidering the Dun Award and the
Republicans Of Select Council Coll
Halt to the Mayor.

| Halt to the Mayor.
1t was expected that there would be
high times around the council cham
bers last night, but they did not come
to pass.
| There was to have been a joint con-
vention to select a board to examine
| applicants for the office of building in
| spector. Select council was to have
considered the Monroe avenue paving
contract, and the appointment of John
Fitzsimmons as patrolman to be even
tually captain of police. Common
council also might have had some more
| fun over the minutes relating to the re-
consideration of the paving contract,
as there was lots of fight left in the out
witted Barber men. But all this did
| not happen.
| The determination of the Republican
| majority of the upper branch to call
halt to Mayor Bailey's policy of cold
blooded removals, and an injunction
from court, issued at the instance of
the Barber Asphalt company. restrain
| ing the city executive and legislat tive
officers from further consideration of
the Monroe avenue contract, account
for the disappointments.
THE REPUBLICANS INJUNCTION.
Not single Republican selectman
| put in an appearance at city hall. A
caucus had been held and 1t was mu-
tually agreed to refrain from attending
the meeting and thereby prevent the
joint session. They believed that the
mayor should not remove John Nelson.
the present inspector until his term eX-
pires. which will be May 10. 1897, unless
| he deserves removal from incompetency
or some breach of duty, which no one
will dcre accuse him Of AS it was to
be purely partisan removal, the Re-
publians concluded that the present
was as good a time as any to take n
determined stand against the admins.
tration's bad policy. and they took it.
The ten Democrats We're on hand and
so were John Fitzsimmons and a couple
of Democr attic builders. who looked very
much like seekers after Nelson's berth
They could do nothing but sit around
and praise things and this they did for
about half an hour. when firing of the
employment, the Democratic ten went
into caucus In one Of the committee
rooms and the office hunters followed
by the spectators, went home.
In the meantime Deputy Sheriff J, ID.
Ferber was circulating about the place
! serving the Barber company's injunc-
| ton. 1t was directed to Mayor Bailey
city Clerk LaNel!e, President George
Sandcrson Cf select council, President
James j. Grier Of common council and
CLERK Of the Common Council Harry &.
| HattUn.
1t restraints the president of common
council from certifying the resolution
awarding the contract to Dunn
Brothers. fUrbids Clerk Hatton from
transmitting 1t to select council and en-
| JOINS select council from receiving and
considering II until court SO directs
Tile preliminary injunction was
granted yesterday afternoon by Judge
Edwards and made returnable Wednes-
day morning next, at O'Clock.
THE COURTS INJUNCTION.
In its complaint the Barber COM
pahy, through its attorneys. w. W.
Watson. w. S. Diehl and +. L. Hitch
cock, alleges that the awarding of the
contract to Dunn Brothers by common
council was irregular and illegal and
should select council concur in the ac-
tioh OF the lower branch great and ir-
fepafahle injury would be done the
complainant. After reciting the action
Of common council by which the con
tract was taken away from the Barber
company ana given to Dunn Brothers.
the petition goes on to say that councils
action was illegal; first, because 1t
went from the eighth to the third order
of business without the necessary two
thirds vote as required by section 9 of its
rules: No rule shall be- suspended ex-
cept by two-thirds vote" second
because the motion to reconsider the
award was made and seconded by
members who had voted I'm the minority,
which Is also an infringement of the
rules; third, because Dunn Brothers
failed to prove that they would use
pitch lake asphalt as required by the
specifications and further that they
have had no experience i'm the laying Of
asphalt pavement. Further complaint
is made that as the awarding of the
contract to Dunn Brothers Is illegal and
void, serious complications would arise
and no legal or binding assessments
for the cost of the Improvement could
be made.
At'idavits signed by w. p. Griffiths
and N. Fl. Lowry setting forth that
Dunn Brothers have failed to show that
they Will use pitch lake asphalt or as
phalt proven equally as good and that
the Barber company can and will use,
the standard asphalt, accompanied the
petition, as did also u certified copy Of
the minutes of common council of
last Thursday night.
Chairman Grier, Clerk Hatton and
City Clerk Lavelle were duly enjoined
but Mayor Bailey and Chairman San
|
served with the papers until today. The
first two named could not disobey the
decree of the injunction even II they
wanted to for the resolution in question
was certified to and went over to the
clerk of the select council, City Clerk
Lavelle. last Saturday morning, after
having been copied in the minutes.
COMMON COUNCIL MEETS.
Common council held a short session
but did not transact any important
business.
Owing to his fears that court will in
some old way or another upset the pro.
ceedings Of Tuesday night, Mr.. Swee-
ney called up his east mountain road
ordinance, which was reported from the
streets and bridges committee last
meeting, and had it referred back to the
committee so that whatever happens it
will be out of the wet
The following ordinances passed
third reading: Providing for the OPEN
ing of Price street in the Fourth awrd.
between Sumner and Bromley avenues;