The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-05

Attorney A. n, NOSDufB, CITY y-SOIlCl-
tor-elect, agrees with Mr.. Burns that
Scranton willy or nilly becomes a sec
ond class city upon attaining a popula-
tion of 100000 and points out statutes
and decisions bearing directly on the
point in question. He also holds that
the city may simply supply the def
ciencies in the second class code from
the laws we are at present working un-
der.
There does not seem to be much
question about the law governing the
case, Mr.. Vosburg says. change or
this character was predicted by the
supreme court in an opinion by Mr..
Justice williams, in 1891, in the fol-
lowing words: There are two cities
of the second class at this time. At
the end of the present decade, the
city of Scranton and probably one or
two more, may be brought by their
growth into it,"
AS has already = pointed out, the
a,t of assembly governing this matter
10 that Of May s. 1889, which provides
how it shall be ascertained when a
city is entitled to an advance in claS-
sification from the third to the second
class. When it appears by the census
taken that the population OF the city
entities it to advance in classification
it is the duty Of the governor to GER
tify the fact accordingly, which GER
tif1cate is entered upon the minutes
of the councils of such city and re-
corded in the office for recording of
deeds in the proper county.
CHANGE CAN BE MADE.
"If the census now to be taken" Mr..
Vosburg went on to say, shows that
the city Of Scranton has grown so that
its population brings it within the
second class Of the cities of the COM
monwealth, / see no reason why 1t
should not--as Chief Justice Paxson said
in one case--pass from one class to the
other by reason of it's growth in popu-
lation, without shock or disturbance.
THE supreme court held in the case
OF commonwealth VS.. McFerron. 152
Pa, page 244, in an opinion by Mr..
Justice Williams, that when any city
Of a lower class has reached the limit
Of population for the class above it,
this fact when properly ascertained
should be certified by the governor
| to the councils of the city and upon
| the recording of such certificate upon
go Instant into the class in which its
population entities it 10 be- This is
very plain language and does not seem
| to leave any room for Interpretation
| OF it, or addition to it.
"In the same case it was considered
how much of the legislation peculiar
to the city, or to the class of cities
out of which it goes, it can take with
t.-ND L.. II. I. ..,l. -
| comes a member and how much it must
| leave behind?
| ANSWER TO THE QUESTION.
I'm answer to this question, it is
said IN the opinion that so far as
the legislation affecting a city of the
third class conflicts with the uniform
| general plan of municipal government
| provided for cities of the second class
so far it must upon its transition into
that class, leave all former system be.
hind it; else it could not adjust itseli
to the class into which it has come
and the whole scheme of classified.
tion would fall. So far as it's former
| legislation is not in conflict with the
legislative plan of government for the
new class, so far it remains in full
| force
1T seems to me that under this
opinion there will not be any grea
amount of confusion arising out Of the
transition of the city of Scranton int
a city of the second class, becaus,
whatever omissions there are in In,
laws governing the cities of the sec
Ond class, will be supplied by the fac
that the laws governing the city a
present will still be IN torce, so ia
as they oC not conflict with the law
peculiarly applicable 70 cities of tn
| second ul-ss"