The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-03-03

CnlSeS-MI' heller hOluS Up an
Ordinance for a New Permanent
Man-New Members Take Their
Seats.
Both councils met last night, the se-
leCt in regular session and the common
in special session. The Providence pave
ordinance passed third reading in the
upper branch and first and second
readings in the lower body. A halt was
called to the wholesale legislation for
additional permanent men in the fire
department, by laying on the table, in
common council. the ordinance for the
Eagle cOmpany's new man.
Mr.. O'Boyle in select council saddled
an amendment on the Country club
trolley line ordinance, compelling the
company to grade the streets along the
route and unsuccessfully attempted to
hitch on an amendment compelling the
company to establish a waiting station
in the central city. John j. Schneider
who succeeds to the late Robert Rob
nson's seat in select council, and John
Naegli, who is The late Edward Wen
zels successor from the Tenth in COM
Gates of election and were sworn in.
The passage of the Providence lave
| ordinance was marked in it's course
through both branches by d deep solicit
! tude for it's welfare that it's active
promoters viewed somewhat suspiC
| iously, although without any apparent
just cause, it might be added.
In the select branch, when it was
| Ill,
Mr.. Roche suggested that it be post
| poned for time raising the point of
order that it could not be passed on
third reading until thirty days had
elapsed after its introduction. Yester-
| day was the twenty-ninth day follow
! ing its Introduction and to pass it then
would ieopardize it's validity.
In substantiation of his contention he
read the following from the Act of 1895,
| under which the ordinance was framed
| and introduced:
NO such ordinance shall be finally
adopted and enacted in a less period
| than thirty days from the date Of its
| Introduction"
| MIR. ROCKIES ARGUMENT.
In this same act .,r. Roche went on
|
| the phrase three fourths of the MEM
| bers-elect composing the councils Of
| such municipality" to mean three
| fourths of each branch of councils.
| The clause fixing the minimum of time
| that the ordinance shall be under con-
| sideratiOn, he argued, was also to be
! interpreted to apply to each branch of
| councils.
There is also a difference between
the meaning of adopted" and enact
ed" Mr.. Roche COntended. Adoption
| means to choose or to express a de-
sire to choose. Enact means to make
| into law. one council can adOnt a
| measure, but it can not enact it \
| measure must be adopted in common
| council and approved by the mayor be-
| fore it is enacted.
The word adopt" would not be put
in the clause if it had no significance
1t means something or it wouldn't be
there, and what it means is that ne
measure shall be put through branch
of tle council in period less than
thirty days.
Chairman Chittenden ruled Mr.
| Roche's point of order not well taken
holding that the act did not cOntem-
| plate the distinction between adopt
| and "enaCt" which Mr.. Roche would
give it.
Mr.. Roche stated that he only raised
the point out of consideration for the
ultimate safety of the ordinance. nc
had no desire to deter its passage.
Mr.. Coyne suggested that the matter
be allowed to go over until the next
meeting SO that the city solicitor.
opinion might be secured. He did net
| want councils to make another blundeI
on the ordinance.
Mr. Lansing was willing to vote fJl
the ordinance if the North End coun'
| cilmen were willing to take chances or
its legality. He would prefer, however
to make sure that it was all right, ant
sooner than take chances would bt
willing to meet in special session SAT
urday night. the city solicitor to pas!
on the disputed point in the meantime
Mr.. Roche approved of Mr.. Lansing
| suggestion.
After a good deal of discussion an,
a number Of suggestions it was finally
decided to consider the ordinance ol
third reading then and there, and, i
it developed that Mr.. Roche was right
1
thirty days had passed.
| PROPERTY HOLDERS PROTEST.
At this juncture Mr.. Roche an
nounced that he had a petition agans
| the passage Of the ordinance that ha,
| lust been handed to him. 1t was passet
up to Clerk LaVelle, who read as fol
, lows:
Scranton, Pa, Feb. Is, 1872
To the Honorable Select aud Commo
Councils of the City Of Scranton.
Gentlcmen: The undersigned propert
owners abutting on North Main avcnu
and Providence road respectfully as
YOUR hor orablc bodies not to pave tina
portion Of the above hamed avenue an
road that is not severed, until Il Sowu
is first laid. for the following reasons;
Firstly 1t would forever ruin the sal
Of our properties if paved without
| sewer
Secondly--Being paved first would Cau-
| a great deal of sickness, there being n
sewer to carry off the Nth thdt now run
| on the streets, and 10 earth to take u
the filth after a pave was laid without
| sewer
Thrdly-It would he unjust to us W
! think, 10 pass an ordinance now comm
| gcfore your honorable bodies, making l
. lay down q lood pavement with IL con
crete base and then tear it up and Ia
| down a sewer a the expense of the Ia,
payers in general,
There are now about three blocks thu
have a public sewer ana a few blucl
have private sewers with 3Nl inch pir
mostly. We think all blocks should
| severed and then paved, as we sad
need pave, but not so much as a sew
as the filth which now runs into Il
| street must we think cause "A great dc