The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-05
Ordinance That Is Now on lis Way
Through Council.
THE PROVISIONS IT CONTAINS
Directs That the City clerk Issue a
Warrant TO the Treasurer of the
Scranton Ftremen's Relief Assoc
citation for the Amount Intended
for the Firemen by the Act of June,
-, Is05--A Counciiman's Opinion.

and common councils of the city of
Scranton: That all such sums of money
as may be received by the city treasurer
in accordance with the act of assembly
approved June 2S, 1895, be and is hereby
declared to be received for the benefit
of the Scranton Firemen's Relief asso-
citation.
Sec. 2.-That the city treasurer is here
by directed to enter such sums on the re-
ceipt thereof under special account and
to report the said amount annually TO the
city clerk who is hereby directed to issue
a warrant therefor in favor of the treas
urer of the Scranton Firemen's Relief
association Immediately after the re-
ceipt thereof, and on report to him of the
city treasurer.
Sec. 3.-That any ordinance or part of
ordinance conflicting with the provisions
of this ordinance be and the same is
| hereby repealed so far as the same af-
| fects this ordnance.
This is another attempt to convert
| the money received from the foreign
| insurance companies of the state for
| the use of the firemen. A law was
passed by the legislature directing that
the two per cent paid by foreign in
surance companies on all business done
in Pennsylvania be turned over to the
various municipalities to create fund
|
through services rendered at fires.
| Without exception the counclmen of
the city are warmly in favor of using
| the fund for the firemen and for moth
| ing else, but it is seemingly difficult to
| get legislation on the subject that will
| not run counter to the constitution.
| MANY DIFFICULTIES.
| In the first place the legislature to
| prevent conflict with the constitution
had to direct that the money be turned
over to the city. There is nothing di-
rectly to indicate that it shall be used
for the firemen. That is known simply
| from the intention of the trainers of
the law. The constitution forbids a
| municipality from voting money for
| anything other than the proper eX-
penses of the city government and that
has caused more trouble for those who
| want the firemen to get the money the
| state Legislature intended they should
| have.
| The present ordinance some Of the
councilmen think is defective and ille-
gal and it may have serious time in
getting through select council. One of
them, in conversation with a Tribune
reporter yesterday, said:
II believe the ordinance is defective
for the reason that it does not say
what the Act OF June 2S, 1895, is, and
Furthermore, it contemplates turning
the money over to the treasurer of the
Scranton Firemens Relief association
which, as / view the law, cannot be
done and which believe should not be
done even if it was possible to over
come the legal difficulties.
| s''That OnOpav was iptapSa1 fbe
firemen and they should have it, but il
should be safeguarded ,by the city fol
those who are entitled to receive it and
should be expended under the super.
| vision of the city authorities"
With reference to an ordinance which
| in many respects seems to be identica
with the present ordinance, the city
solicitor of Allentown some time age
rendered an opinion to the city con
troller Of that city. which in part wa!
as follows:
ALLENTOWN OPINION.
THE only question to be considered
/, is whether the city has a right, unde
its charter, to appropriate money t
, the Allentown Firemen's Relief asso
. citation. 1t is we'll known principal o
, municipal law that a city has no pow
ers except such as are expressed in it
charter, or such as are necessarily i'm
piled in order to carry out the objec
} of its incorporation.
: THE acts of assembly governinj
5 cities of the third class does not con
' tain any grant of power which woul
2 authorize a city to appropriate none
$ to the Firemen's Keller association. Il
Y fact, if such power We're contained i
: | hn ,P
= nothing.
: 1.-THE constitution OF Pennsylvania
Article 8, Section Z, provides as follows
i The general assembly shall not au
thorize any county, city, borough
I township or Incorporated district to be
a come a stockholder in any company
h association or corporation or to obtai
:. or appropriate money for or loan il
n credit to any corporation, association
!. institution or individual Under thi
e section the legislature would have n
e right to authorize city to appropriat
e money to any corporation or associf
= tion. In the case of Wilkes-Barre Cit
d hospital VS.. the county of Luzerne,
r Pennsylvania State Reports, page S
The act Of the 2lst of May, 1874, Ell
abling a private incorporated hospit;
=, to make requisition upon a county fC
Y the payment of it's charges for the SUI
port of patients under its treatmel
II even though they be paupers, was dt
: clared to be unconstitutional, since
q was an appropriation of money by IL
county to a corporation.
% MATTER OF REGRET.
It 81 regret that cannot find any wa
to advise you to pay this money to II
y Allentown Firemen's Relief associi
tion. The objects of the associate
IS are such as appeal to every ones syn
& pathies.
n 1.-The law on the subject is, howeve
y very plain and hardly admits Of al
: discussion. l must therefore advi
you that you cannot lawfully autho
a ize the payment of the warrant
n. countersigning the same"
d. In order to get around the emba
I RAISING points OF the law II was son
10 months ago proposed TO form a fir
J. mems relief board, consisting of tv
members from each fire company
Is the city, together with the chief OF Il
3. fire department, mayor, city treasur
~ and city controller. Claims for reli
were to be reported by the membe
~ from each company and after beiT
ye approved by the board, We're to be pr
,N,I Ill O. l.