The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-21

FOR BY THE MUNICIPAL GOVERNMENT.
The foregoing Is the section of the
constitution quoted by President San
derson, of select council, last night
when he ruled out of order and re-
fused to entertain a motion to concur
in common councils resolution award
ing to- Dunn Brothers the contract for
building the main sewer in the Seven
teenth district, including the Eleventh,
Twelfth and Nineteenth wards on the
South Side.
A half hundred residents and prop
erty owners of the territory af0ected
were lobbying in the corridors of the
city hall and in the space reserved for
spectators in the two council chambers
long before the two branches were
called to order, the common council
in special and the select in regular ses-
sion. The resolution awarding the
contract passed the lower branch early
in the evening and was Immediately
sent over to the selectmen for concur
renee. President Sanderson had told
the Democratic leaders of the upper
house he would rule out of order any
motion to have the resolution adopted
and gave his reasons, so neither the
friends nor opponents of the sewer
were in the dark as to what was COM
ing.
The resolution as read by Clerk La
velle awarded to Dunn Bros. the con-
tract at $2.63 per lineal foot, $50 for
extra manholes and $65 for basins.
RULED OUT OF ORDER.
"I will rule that resolution as being
| out of order" said president Sander
| son after the offer for it's passage had
| been made. 1T is a clear mandate of
| the constitution that no debts can be
contracted by a city without previous
! appropriation. No appropriation has
been made which covers this resolu-
| ton" He then quoted the constitu-
! tional section printed in the foregoing
and added:
THE chair desires to state right here
that this is the position he will take
while president of this council; he will
rule out of order any measure con-
fiicting with this section just read"
Mr.. Coyne was eXcitedly trying to
gain recognition, but President Sander
son failed to notice him, and said:
| IF any member will bring into coun-
ellis an opinion frim the city solicitor
that this contract can he legally award
ed under the resolution and the ordi-
nance which prompted it, 1 shall with
draw my ruling"
II move that the matter be referred
to the city solicitor" said Mr.. Chit.
| tenden.
THE ordinance in question" con.
| tinued President Sanderson, "makeS
the city liable for about 5000. Where
is the $4,000 to come from? 1t isn't
provided for in the ordinance"
Mr.. Roche asked that the courtesy
of allowing a cessation of business fol
a moment be accorded him while he
examined the ordinance and ascertained
if it did not provide for an appropria.
ton. The request was granted. Mr.
| Roche soon found what he was looking
for and read from the ordinance this
| section:
PROVISIONS OF ORDINANCE.
" For the purpose of paying for the
construction of said sewer there is here.
by appropriated the sum of $4,000. oil
so much thereof as may be necessary
| which said sum shall be derived from
assessments according to benefits u
be ascertained as hereinafter pro,
| vided.'"
Does not that sufficiently cover the
case?" Mr.. Roche queried.
mo, it does not" was the chairs re.
| sponse. You will note the phras,
hereinafter provided is followed by NJ
provision in the ordinance. There I,
nothing to provide the city's 1923, ,0o
share of the expense"
A motion by Mr. Roche to refer tn,
matter to the city solicitor and tn,
sewers and drains committee was car.
ried.
II wish ii understood" concluded
President Sanderson, that make thi
ruling impartially. / have, however
sought and been guided by good lega
counsel and am prepared to take thi!
position until my term of office ex
pires, unless the city solicitor will Civ,
an opinion that the contract can b,
awarded under such a resolution anC
ordinance"
This conclusion came like a thunder
clap TO the several scores of Soutl
Siders who were elated by the smooth
ness of their operations in the lowe
branch and had packed themselve
about the doors and in the rear of tn,
select chamber in expectation of see
ing accomplished almost the last stel
toward getting a sewer.