The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-19


Whereas, The president judge of the
court has entered judgment against the
select council without notice or an op-
portunity to appear in court and defend;
and the members of the select council
are desirous of testing the validity of this
decree and for that purpose having the
same reviewed i'll higher court. There
fore be 1t
Resolved. That an appeal be taken on
the part of the select council Of the city
of Scranton from said decision of the
court of common pleas of Lackawanna
county in the said case, and that the city
solicitor bring the matter as speedily
as possible before a higher court for re-
view
RESOLUTIONS ADOPTED.
Mr.. Roche moved it's adoption. Mr..
Sanderson asked how the city solicitor
could take the appeal when he was di-
rectly interested. Mr.. Melvin replied
that the solicitor would engage another
attorney, as had been done in previous
cases of this nature. This was the ex-
tent of the discussion.
The vote was as follows:
Ayes-Messrs. Kearney, Roche. Melvin,
Wagner, Shea, Fellows, Schroeder.
OBOyle. Frable, Coyne, MCAndrew-ll.
Nays-Messrs. Ross. Thomas. Chitten-
den. Schneider Sanderson, Williams-6.
Absent-Messrs. Finn, James Nc
Cam and Lansing--4.
Under the head Of concurrent busi-
ness, the NOsburg bond came up with
the other matters transmitted from
common council. When Clerk Lavelle
began to read it. Mr.. Roche interrupted
with the remark: Il would call the
attention of councils to the fact that
this is the VosburS bond. | move that
it be recOmmitted to the custody of the
clerk until the appeal is decided or
further orders are received from
court
There was murmur Of objection and
Chairman Williams ruled Mr.. Roche's
motion out of order. The clerk finished
the reading of the bond and then Mr..
Roche renewed his motion. The chair
said he thought the motion was out OF
order. While he was hcstating. Mr.
SandersOn moved to approve the bond.
81 want to be on record as having
obeyed the beheStS of the court" he
said. Il am not entirely certain that
the appeal will act as supersedeas
and am therefore desirous of voting for
ths approval of the bond"
MIR. ROCHE's BELIEF.
Mr. Roche said he had no desire to
get into trouble with the court He
felt that council had the same right of
appeal as is accorded an individual and
in view of the fact that an appeal had
been regularly directed, he thought it
highly ridiculous and absurd to con-
slider the approval of the bond.
Mr.. Sanderson said he could appreci-
ate Mr.. Roche's position, but for him
self he would not care to disregard the
mandamus until he was satisfied that
the appeal would act as a supersedeas
He had no idea that the question would
come up or he would have looked into
it from a legal point of view.
Mr.. Wagner advised approving the
bond and applying for an order Of court
making the appeal a supersedeas.
Mr.. O'Boyle did not want to approve
the bond until the question of the solic-
itors term had been passed upon. He
wished to avoid having two city solic-
itors.
Mr.. Ross insisted on being given an
opportunity of voting for the bond
that he might be on record as having
obeyed the mandate of the court.
Mr.. Wagner contended that court
has not decided that there is a va
cancy; it has simply declared there
has been an election. The matter Of
vacancy must be decided by other pro-
ceedings, he said.
Mr. Sanderson pointed out that the
bond read "for the ensuing term" and
did not mention any particular date.
Mr.. Coyne called attention to the fact
that the mandamus spoke of the two
year term beginning the first Monday
in May succeeding his election" Mr..
Coyne also argued that it would be in
consistent to consider the bond until
after the appeal had been decided,
THEY WANTED BURNS.
Mr. Roche at this juncture announced
that eX-City Solicitor !. II, Burns was
in the building and suggested that he
be sent for to give an opinion on the
matter. A messenger was sent for Mr..
| Burns, but he could not be found
Mr.. Kearney wanted to amend Mr..
| Roche's motion by referring the bond
to the judiciary committee, but no one
seconded his motion.
Mr.. Sanderson insisted on the clerk
make a minute of his motion to APP
| prove the bond, which was intended
| to succeed the Roche motion, if the
| latter was declared out Of order. The
| vote on the Roche motion to commit
HrYI Cure Unfsiling. Men suffer
III ing with nervous pgostratiOn
| Uya broken vitality, unnanly con
/ A4s.s.l asxN. l-sA.