The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-26
TWO MORE ARE NOW
ON THE ANXIOUS SEAT
THE DUNN BROTHERS CONTRACT
City Solicitor Torrey Sees No Danger
Ahead in Awarding the Contract to
Dunn Bros. and Select Council
ThereupOn Approves the Much
Talked Of Resolutions. Of
Both Branches Last Night.

Mayor Bailey sent In two police nom-
nations last night and also two fire
department appointments. John c.
Roche, of the Ninth ward. was named to
succeed w. T. Simpson. and Frank c.
Karius, OF the Tenth ward. to succeed
Joseph Taylor. George Z. Bailey was
appointed stoker and NJ. II. Biesecker
engineer Of the General Phinney Engine
company. Under the rules the appoint
ments went to committee.
NJ. Roche was until recently engaged
in the business Of bottling temperance
drinks. He is 81 years Of age and mar
ried He Is five feet ten inches in
height. and weighs 1855 pounds. II con-
firmed he will do duty as an ordinary
patrolman.
Mr.. Karius is at present constable of
the Tenth ward, and works In the mines.
He Is five feet and eleven inches In
height and weighs l75 pounds. He Is 80
years of age and married.
Dunn Bros. get the much disputed
Monroe avenue paving contract. When
1t came back last night to select council
from the city solicitor with the sub
joined opinion only three members.
Messrs. Fellows, Mccain and Mean
drew voted against it.
Mr.. Torrey's opinion virtually re-
moved all doubt as to the city's liability
Of becoming mulcted in damages by
reason of the questioned proceedings,
which carried the resolution through
the lower branch. 1t was as follows:
MIR. TORREY'S OPINION.
June "a. 1896.
To the Honorable. the Select Council Of
the City of Scranton.
Gentlemen:-ln response to your request
for q written opinion as to whether the
contract for paving Monroe avenue from
Vine to Myrtle streets Is let in accord
ance with the resolution now pending, and
the property owners refuse to pay their
assessments on account OF any irregulari-
ty in the letting Of the contract by either
council the city can be held responsible
| to the contractor for the payment OF the
paying, would say:
1t Is impossible for me to answer your
question categorically. l am Of opinion,
however, that II the property owners
| should refuse to pay and successfully de.
fend against the assessment for paving
by reason of irregularities in the levying
Of the assessment, for which the city is
alone responsible. that under the author
ity of the Barber Asphalt company against
the city Of Harrisburg, decided in the Unit
ed States court, the city might be required
II pay the contractor for the amount of mis-
| contract.
Such of the Irregularities as are alleged
to exist In the letting of the contract seem
| to me to raise very different questions
from those raised in the Harrisburg case,
| xx-ha m ha 4
ment was wholly void. In this case. SO
far as am informed. there are no irregu-
larities charged with reference to the
substance or the manner of passage of
the ordinance providing for the pave
ment. AS to the letting Of the contract,
the law requires only that 1t should be let
to the lowest responsible bidder, and the
ordinance in this respect follows the law.
giving no specific directions as to the
manner in which the contract shall be let
| II, in fact, the contract is let to the lowest
responsible bidder. l do not see how any
technical question could be raised as to the
manner in which 1t was done SO as to con-
stitute defense to the collection of the
assessments. Moreover, l am informed
that large majority Of the property own
| ers upon the street proposed to be paved
have requested the councils in writing to
let the contract as is proposed by the res
| olution. Certainly these owners would
be estopped to raise any objection to the
method by which the contract was let to
the way they may favor.
have gone somewhat beyond the terms
Of your request for an opinion, not with
any desire to volunteer advice as to tht
exercise of your discretion in letting the
contract, but under the impression that
my direct answer might be misconstrucd
unless accompanied with some explana-
| tion. Very truly yours,
James H. Torrey,
| City Solicitor