The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-02-17
COUNCIL
WEETINGI
Several Matters of Importance Discussed
and acted Upon.
SHERIFF'S SALES DISCUSSED
Instructions Given for Action where such
Sales are Made In Connection with
the Properties of Tax Collector
scanlans Bondsmen-- opin-
ions by the Solicitor.

regular meeting Of the Borough Council
was held last evening, with the following
members in attendance Messrs. Mcclure.
Straughn, James Coalley, Ially, Hand.
Bell, Murphy, Harkins, Brennan and
Englert
The first order Of business after the reading
Of minutes was the report Of the Roads
and Highways committee. Mr.. Bell stated
that the only work under way was the
clearing Of the streets and roads Of snow. He
asked for instructions as to what should be
done where the electric railway companies
fail to haul away the snow thrown from its
tracks.
This resulted in motion directing the
committee to notify the companies that thew
must not shovel the snow from their tracks
on to the streets, but haul it away If the
companies fail to do this the parties placing
the distractions will be arrested.
Under reports from the Finance committee
it was stated that Tax Collector Burke had
promised to take care of bills recurring
urgent attention, and by the next meeting of
Council be will pay in considerable money.
Mr.. James recommended that Mr. Linden
muth, aged 65 years, residing on South Jar
din street, be exonerated from personal tax.
1t was referred to the finance committee.
The fire apparatus committee reported that
three weeks ago the fire plugs were examined
and eight were found frozen. A day or two
ago they were again examined and tw enty-
eight were found frozen.
Borough Solicitor Burke presented a
lengthy typewriter report embracing
opinions on several matters pending before
Council
On the question as to the right of the Chief
Burgess to collect license fee for the privil-
ege of selling horses at public auction he said
the Act of May 7, 1887, authorizes the Bor.
ough Council to impose license for this by
ordinance, and the borough has already en-
acted an ordinance for that purpose There
can be no doubt that the Burgess has au.
thority to collect such fees, and it is his duty
to enforce the ordinance. For the benefit of
parties who carry on these sales, he said. The
Act Of 1887 imposes license in addition to
any the borough may impose
On the subject as to whether Council NAV
legally increase the license charge on each
street car Mr.. Burke concluded that it could.
but every such increase would not be legal
If it be reasonable it will stand but should
it become a tax, instead of license, it would
not stand. If the companies operate their
lines in violation Of their charters or the
ordinances under which they occupy the
streets, Council has its remedy, but not by
an increase Of car tax. The power to tax is
limited. 1t must be exercised with reason
tax is to provide a revenue for public pur-
poses, while license fee is charge for a
privilege to the companies to do some act.
Concerning the case Of Mrs. Mary Mellet,
the Solicitor reported that the decision made
by the court in the matter was final, Mrs.
Mellet having decided not to appeal
Relative to the payment of a bill of over
sB3 presented by Justice Toomey for his costs
in the sixteen nuisance suits instituted by
the borough against Fifth ward property
owners for maintaining nuisance, Solicitor
Burke said the proper procedure would be for
the borough to pay the costs, then take a
transcript from the Justices docket and
place executions in the hands of the Sheriff
for collection from the respective property
owners.
As to the tax assessment made on the
pumping station Of the public water works
by the township authorities, the Solicitor
said Re found the land was assessed at SO. .OOO
If the Borough Council regarded this as ex-
orbitant, the County Commissioners had
agreed to give a hearing on the matter.
As TO the bill incurred by the Chief of
Police for kilograms sent to different parts of
the country in efforts to head off Bialecki
the murderer of Constable Dando, Mr.. Burke
said he submitted the bill to the County Com
missioneTs for collection and they referred
him to the County Controller who decided
that the county was not liable for the bill.
Solicitor Burke also gave an opinion on the
bill rendered by the Shenandoah Fire
mems Association and contracted for legal
services, printing and secretary's salary. AL
though the bill was only a small one, he
said, still the Council has no authority to pay
it. To pay the bill, it might just as well be
argued that Council should pay the salaries
of officers and other incidental expenses of
the individual companies. Council makes an
appropriation to each company for the main
tenanee of fire engines, hose carriages and
other apparatus and that is all it can do
The Firemen's Association is distinct or
ganization and does not come under the
same law. 1t derives its revenue from pro-
rata share of a stats tax which the borough
turns over TO its treasurer after receiving it
from the state.
Reverting TO the subject of the pumping
station of the water works, Solicitor Burke
said he was Of the opinion that the borough
must pay a tax on the station, for the reason
that it is plant yielding a revenue.
The Schuylkill Traction Company, the
Solicitor said, is willing to pay the Judgment
the borough secured against it for car license.
The final subject referred 10 in the report
was the proceeding on Mr., Scanlan's 1895 tax
bond He said it is expected that time will
be fixed next Monday to take testimony in
behalf of the borough No proceedings have
yet been taken on the 1896 bond,
Council took up the subjects referred to in
the opinion seriatim. Upon motion of Mr..
James the secretary was instructed to seud a
communication to Dallas Sanders, president
of the Sohuylkill Traction Company, and call
attention 10 the discrimination waged against
this town by the company in charging Il
cents fare from town TO Ginrdville, and only
5 cents fare fIom Girardville to Ashland
and that, unless this borough is treated with
the same consideration as Ashland aud Othei
boroughs are Council will seek justice in tn,
interest Of the taxpayers Of the borough,
Mr.. Brennan asked whether or not tn,
borough could place tax on polls, including
railway. electric light and telegraph, in tn,
town, and was answered in the affirmative by
the Solicitor. Further action in this con
neotion was deferred pending an answer from
President Dallas Sanders.
| Ii was decided that an order he drawn fo