The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-19

THE SCRANTON TR
for reconsideration. his purpose being to
defeat the motion to reconsider so that
1t could never be brought up again. HIS
motion was lost on q tie vote but there
was little interest manifested In the bal
loting as II dawned upon all before the
roll call had fairly begun that the action
was superfiuous at all events.
In considering two other appoint,
ments by the mayor. p. j. McCann to
become park commissioner and Joseph
Schoff to be permanent man at the
Crystal hose house. the Republicans
were designedly foremost in making the
necessary parliamentary moves for
their confirmation and each received
the votes of every councilman present.
The first test OF select councils atti-
tude in the Barber-Dunn Bros fight
was not overly encouraging to the
Dunns. Under the head of concurrent
business the resolution awarding the
Monroe avenue paving contract to Dunn
Bros. was taken from the box, where 1t
has been held three weeks by an In
junction from court, and after being
read by Clerk Lavelle was placed be-
fore the house on a motion by Mr..
Coyne to concur in the action of COM
mon council President Sanderson call
ed Mr.. Wagner to the chair and taking
the floor made as an amendment that
the matter be referred to the city solic-
itor for an opinion as to the possibility
of the city being mulcted in costs on ac-
count of any Irregularities that may
have occurred In the proceedings Of
common council while the resolution
was on It's passage there. AS proof
Of the wisdom of adopting his sugges-
tion, Colonel Sanderson cited a recent
case In Harrisburg where the city had
to pay the whole cost of pavement be-
cause the assessment was not made In
the regular manner by councils. MIR.
McCann seconded the amendment.
THOUGHT 1T UNUSUAL.
Mr.. Roche said the proceeding to him
seemed very unusual. Col. Sanderson
had no right, he said. to question the
regularity Of resolution that came
from the other branch properly certi-
fled by its chairman, and besides the
course suggested by Colonel Sanderson
is an unnecessary one, as the city solic-
itor must approve Of the ordinance and
contract when they come into his hands
through the regular channel. In an
swer to this, Colonel Sanderson stated
that he was not antagOnistic to tfa
resolution, but merely wanted to make
sure that everything was all right, so
that they could feel perfectly safe In
legislating on the motion.
The discussion closed with Mr..
Coynes contention that court had ruled
that the proceedings were wholly regu-
lar. A vote on Colonel SandersOn' s
amendment. to refer the resolution to
the city solicitor, was then taken and
resulted as follows:
Ayes-Ross, Finn, Kearney. Thomas
Williams, Durr, .Chittenden, Manley
McCann, Fellows, Schroeder, Burns
Frable. McAndrew, Sanderson-15.
Nays-Clarke. Roche, Wagner, Rob.
inson, Coyne-5.
THE LEWIS CLAIM.
City Solicitor Torrey's adverse opin-
ion OH the claim Of ex-Patrolman
Thomas V. Lewis was adopted by coun-
Gil only after a close vote Of eleven to
nine. Lewis was suspended from jan
uary 3, 1898. to March rs. 1893, when his
dismissal occurred. When ex-Patrol-
man Mills received pay by order OF
councils for the time he was under in
vestigation, Lewis deemed himself also
entitled to similar consideration and
put in claim Of 1925. Mr.. Torrey, how
ever rules that Lewis claim is not
parallel with that of Mills.
Lewis was suspended January and
on January 10, select council ratified
the mayors action. Mills suspension
was not ratified by councils at all, the
mayor having sent in no notice of 1t tc
council until the dismissal was trans.
mitted for approval. Mills, according
to Mr.. Torrey's opinion. was in the city's
employ until select council concurred ir
the mayors action. Lewis, likewise
was not entitled to draw pay after
January 10, when council approved OF
the mapor's action in dismissing him
Mr.. Durr, who Is championing Lewis
cause, presented copies Of the opinion.
of Mr. Torrey in the previous cases ant
asked that all three opinions be referred
to committee that they might com,
pare them and ascertain whether OF
not the solicitor has experienced &
change Of mind in this matter since h,
wrote the first opinion. The motor
was lost by the following vote anc
Lewis claim killed:
Ayes-Finn, Thomas, Williams
Roche, Durr, Chittenden, Sanderson
Burns, Coyne-9
Nays-Ross, Kearney, Clarke, Wag
ner, Robinson. Manley, Mccain. Eel
lows, Schroeder, Frable, McAndrew-
H.
The resolution awarding to Hayward
~ CO.. or New York. the contract 70
furnishing 81 900 worth of cotton hose wa
passed by vote Of 16 to 4 after vigorous
opposition from Mr.. Roche who does no
favor cotton hose.
CAPOUsE AVENUE SEWER.
The following bids were received N
constructing the lateral sewer on Ca
pouse avenue, between the Fourteent
district main sewer and New Yor
street: p. j. Thornton & Co.. s1S4 ne
lineal foot; Jennings & Grier, $2 225: Ha,
d Gibbons. $2.S5: p. T. Mulligan. s9l
for the job complete. For gradin
Ninth, Robinson and Jackson street
there were five bidders. as follows: A
w. Stevens & Co., Nicholson, 50 ,99s
Max Phillips, $2,6s3.34; Hart & Gibbon,
$4,000; John j. Fahey, $4,000; McNall
q Adair, sS,5OO All the bids were re
ferred to committee.
Mr.. Roche made the first move for tb
pavement of West Market street
resolution was passed by a two-thir
vote directing the street commissions
10 notify the abutting property holder
OF the intention of the city to pave tn