The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-10-02
CITY CANNOT READ
BETWEEN THE LINES
Scranton Firemen Not Likely to Benefit
by the Clarency Bill.
MUTUAL UNDERSTANDINGS DON'T GO
City Solicitor TOrrey's Opinion Is
Against the Durr ResolutiOn..The
Select Council Has the Usual Grist
of Turnpike Measures to Deal with.
Streets and Bridges Committee
DO Not Want Damage Suits.

. 1t now looks very much as II the
Scranton firemen will not receive the
benefits Of the Clarency bill. At last
nights meeting of select council the
resolution directing the city treasurer
to pay over to the Firemen's Relief as
sociation the money received from the
state as the city's share of the tax
on foreign fire insurance companies.
was adversely reported from the
finance committee and killed by coun-
Gil.
The action was based on the follow
ing opinion from City Solicitor Torrey:
To the Honorable, the Select Council, City
of Scranton.
Gentlemen: In response to your request
for an opinion as to the legality or CON
current resolution now pending, providing
for the payment to Firemen's Relief as
ISOLATION OF funds received from the state
on account of premiums of foreign insur-
ance companies, would say:
First-The act of assembly referred TO,
provides nothing as to the use which shall
be made of the funds to be paid under it,
and no understanding, or intention OF
those who procured the passage of the
bill can In any respect alter its terms.
Second-l question the power of councils
to legally appropriate money to an unin-
corporated voluntary organisation with
out some warrant by act of assembly.
Third am of opinion that no appro-
priation can be made by concurrent reso-
luton.
would therefore conclude that the pro-
posed resolution Is not legal Very re-
spectfully yours, James II. Torrey.
City Solicitor.
The only chance the firemen have of
securing the money is that the authori-
ties will shut their eyes on the legal
obstacles and allow the money to come
to them. upon their showing that it
was verbally understood at the time
the act was passed that the revenue
was for the purpose of taking care of
disabled tremen, and that owing to
the statute against civic pensions. the
real purpose of the act could not be ex-
pressed. Philadelphia has voted the
money to the firemen and several other
cities are pledged to do 50 as soon as
the necessary legislation can be passed
Last nights action of select council
however makes it appear that this
city will refuse to read between the
lines of the Clarency act.
WEST MARKET STREET.
West Market street came in for it's
usual share of consideration. First
and foremost the streets and bridges
den reported an ordinance appropriat-
ing 1900 to pay the city's share of the
alternative road from Iron street to
South Abingdon. which the farmers pro-
pose to build to escape the Providence
and Abingdon Turnpike company $
tolls.
The resolution directing the city So
licitUr to apply to the grand jury for the
condemnation of the turnpike was re-
turned by Mayor Bailey with his veto
which, by the way, was his first exer
else of this prerogative. Attached to 1t
was communication from the city so
licitor explaining that the resolution
was irregular as grand jury can only
condemn II road upon the petition Of
property holders along it's route. 1t was
ON the strength of this opinion the
mayor returned the resolution.
His Honor transmitted to council the
Turnpike company's offer to macada-
miZe West Market street for 81. 500 and
wait until next year to be reimbursed.
No one listened to the reading Of 1t and
only four voted upon a motion to have
1t filed. Chairman SandcrsOn wanted q
full expression on the matter and or
dered Il call of the roll. The motion Ia
file was defeated by ten ayes and nine
nays and q motion to refer to committee
Mr.. Chittenden and his associates on
the streets and bridges committee evil
IDENTIFY got out of the wrong side of the
bed yesterday for at their meeting pre-
vious to the council session they de-
cided adversely OH every measure they
considered. Mr.. Coynes pet hobby of
opening Cherry street by removing the
Delaware and Hudson depot platform,
was one of the measures to receive a
black eye The committee thought that
the summary method prescribed--di-
recting the street commissioner to re-
move the platform, if the company
fails to do it within sixty days-was
liable to entail a damage suit, and
would not approve of it. Mr.. Coyne al
legged that the committee had not given
the matter the consideration it de-
served and said so. Mr.. Chttenden
thereupon moved that the matter be re-
ferred to Mr.. Coyne and council agreed.
The resolution DIRECTING the city en-
gineer to give grade lines on Locust
street was killed because the committee
saw in it the possibility of more dam
age suits. The committee also refused
to report on the bids for laying flag
stone sidewalks on New street for the
same reason and recommended that nc
| action be taken until the property
holders sign release. Mr.. Roche said
that all the property holders, with the
exception of one, had agreed not to look
| for damages and that this particular
one could not secure them if he did
| look for them. Mr.. Chittenden con-
tended that inasmuch as the sidewalks
according to the engineers plan, would
| disturb the old fence lines, 1t would be
| unsafe to trust to a verbal agreement
| and advised that the city insist on a
written release. On motion of Mr.
Roche the matter went over until next
| meeting.
| FEAR A DAMAGE SUIT.
| Another adverse report was on the
ordinance providing for ,the erection OF
a retaining wall near the Ontario and
Western depot on West Market street
The plans provided that the wall be
erected on the company's property and
this the committee objected to on ac-
count Of fear of damages. The COM
mttee made recommendation that the
| plans be changed so as to provide for