The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-08-19
COUNCILS TROUBLES.
Continued from First Page

AN''''''''''' '''''' . '''' ''7''i
motion was opposed by several members on
the ground that il would he an expense that
the borough treasury would not stand, and
for nothing more than an experiment. The
motion was carried, Messrs Struughn and
james asking to he recorded as against the
motion.
The law committee reported that it had
investigated the claims Of Mrs OBrlcn and
Mrs Stauflcr for damages sustained ON pave .
mcuts alleged to have been in bad condition,
The statement Of Borough Solicitor Burke .
on the investigations was read. Mrs. Stauf .
fer claimed $500 damages. In this case the
Solicitor stated that he was Of the opinion |.
that the claimant could not recover on the
ground of coutributory negligence. The re-
port aud opinion was filed.
Mrs. OBrieu claimed $3.50 damages. The
Borough Solicitor expressed the opinion,
under the facts CLEANED on investigation,
that it was a question as to whether or not
the claimant could prove, as she claims, that
Council had actual, or constructive, notice
of the condition of the pavement before she
met with the accident. But Mrs. O'Bricn
and the lady who accompanied her at the
time of the accident state that they were not
paying any attention to the condition of the
pavement, and if this is true the claimant
cannot recover, because in such an event she
was guilty of not having exercised due and
reasonable care in travcrsing the pavement.
The Solicitor took occasion to say that he was
unable to frame a more definite opinion be
cause the law and street committee had not
furnished him with facts on the borough
side of the case. The report was filed.
| Mr.. James called the attention of the Chief
Burgess to the need of crossing plates on
West Coal East Centre and North White
streets.
Under advice Of the Borough Solicitor,
Council decided to appeal from the judgment
for Slg0 and costs rendered by Justice Toomey
against the borough in the case brought by
J. Claud Brown, Frank Conry and NJ. X.
Stein, rquidating trustees Of the Shenandoah
Feed and Lumber Company.
The following important written opinion
submitted by the Borough Solicitor was read
and filed
Shenandoah, Pa, Aug. Il, 1898.
To the Water Committee of Council: Under
date of August sth 1898, the chairman OF
your committee submitted to me the follow
ing statement with reference to the legal
right of Council TO construct the proposed
new dam apd upon this statement request me
to furnish you u written opinion covering the
question of law involved.
NJ. NJ. Burke, Esq Borough Solicitor.
Dear Sir Sometime ago Council appro-
prlated the sum Of twenty thousand 500, O,OOO)
dollars to be used in improving our streets or
to provide means of giving us better supply
of water The right of Council to so eNpend
the funds derived from general taxes for
water purposes has been questioned. by
virtue of the authority voted by the people
of this borough we now assess tax oi hNe
mills for water purposes, the same helhg re-
! leo, s.1,t ft
water bonds and a certain specihed part oil
the principal each year. We also have Ger
= tain aad fixed water rate collected by tht
Water Superintendent and by means OF whicl
we meet the actual running expenses ol th'
plant. The Water Committee have recon-
mended the building Of storage reservoir Il
hold n quantity of water sufficient to carry
L us over the dry season of each year and pre-
vent a shortage; but the right of Council II
to SO eXpend the funds appropriated by then
, has been disputed ard we now call upon yol
y TO decide for us in a written opinion whethe
we have not the same right to use these fund
. for the improvement of our water system a
we have for the improvement OF our streets
: Respectfully yours,
0 JosEpH W. BELL,
Q Chairman of the Water Committee of Bor
! Ough Council.
D 1t will he observed that, according to thi
, statement, there is no tax rate for the purpos
, OF luGpIlnR the expense OF lulplbN tultllh II
y the public water works. There is tax {
B meet the interest on the bonded indebtedness
0 and so much of the principal as is requlre
, by law to be paid annually, Under these ell
cumstances Council have, in my Judgement
' an undoubtcd right to make an appropriation
for the improvement of the water works
this appropriation to be paid out Of tn
, general funds Of the borough.
S But there are some features of the pre-
G posed improvement and the proposed metho
of paying for it, that are not included IN tn
statement given above that ought to, perhap
receive some attention. l am advised thS
y an appropriation has been made for the con
e struction of the dam aud that none Of I'll
l. monies so appropriated are in the hands
d borough ! am also advised that it is IL
n purpose of Council, or at least the purpose
4 the committee, to commence the work ard
. carry il on as the money so appropriate
comes into the hands of the Borough Urea
H. urcr | am also advised that this eNpend
e. ture of twenty thousand dollars is TO be m
.d from the revenues due the borough Tor u
current year. 1t was the proper and leg
thing for your committee to do when the
first fixed the sources from which shOu
III come the money to pay for the dam, becau
,e in incuTrng an expenditure of tWenl
- thousand dollars for the present year wltho'
=" having revenue sufficient for the present yel
ID and due to the borough to meet this eXpend
m ture you would undoubtedly be Creatll
as such an indebtedness as cannot now he legal
created against this borough without Il
to consent of the voters, the amount of IL
-, present Indebtedness being above the co
-, stitutional and statutory limit.
''V = Our books contain quite number OF cas-
10 in reference to what constitutes "A munlcip
debt within the meaning of the constitute
and our state law. Section OF article
.e our constitution provides that The debt
~ any county, city borough, towpshl
G5 school district OF other municipal or lncG
so porated districts, except as herein provide
so shall never exceed seven per centum OF q
assessed value of taxable property therei
y" nor shall any such municipality or distri
o. incur any new debt or increase the indebte
IA ness exceeding per Centum upon the a
sesscd valuation of the property, without q
assent of the electors thereof at publ
election as shall be provided by law
Whether the liability in this improvement
an Indebtedness within the meaning OF u
"A constitution as construed by our Suprel
Court depends upon the answer to this que
tion Is its purpose to provide for the pa
p ment of what may be called part OF ordl
4. ary eXpense3 If il is, then il is within I
a. power of the Council to make this improy
." ment if the expense of the same be with
us the limits of the borOughs current revenue
See Brown VS. City Of Cory, l75 Pa. Sta
q Reports, p 52s. In that case contract W
=, entered into by the city for the purchase
tu the water works plant The Indebtedness
OF the city was in excess of the constitution
le- limit The works were to be paid for
-; twenty annual installments of six thousa
~" $1,000 OO) each out of the current reVent
mt OF the city and not otherwise. II was he
sx- by the Court of Erie county and by I
at Supreme Court on appeal, in May, 1896 Il
this was the creation of a debt in violation