The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-05-20
MAYOR DEFINES HIS
ASPHALT POSITION
EXPLAINS coNNEcTEDLY HIS
COURSE THUS FAR.
Was willing to Sink His Personal
Aversion to Taking the Respons-
ibility for the Contract If Councils
by a Two-Thirds Vote Indicated
That 1t Would, or at Least Could,
Set at Naught the Executives
Power of Interference in Legisla-
tion-His Present Stand.

Mayor Moir will not accept Thurs
day nights vote on the appropriation
ordinance as an equivalent to direc-
Barber contract.
when / called the joint session OF
councils two weeks ago to specially con-
slider the matter of asphalt repairs, it
was my intention to sign the contract
If the councils indicated by a two-third
vote that they favored it. There is a
clause in the ordinance, under which
the contract was made, directing the
mayor to execute the contract. That
behest was followed out by Mayor
Bailey. There is nothing before me
directing that / shall execute a con-
tract. The clause in the ordinance in
question was directed to Mayor Bailey.
However. had councils given a two
thirds vote to the resolution requesting
that | execute a contract, I would have
accepted that as sufficient warrant for
me to proceed as requested. II would
have set at naught the quasi legisla-
tive power reposed in the mayor, be-
cause a two-thirds vote overcomes his
veto and rules him out of legislation.
1t would have given me ground to war
rant the assumption that whatever
legislative interference I might inter-
pose would be overruled and this being
the case, / would he shorn of all ex-
cept the ministerial power of the eX-
ecutiYe and relieved of all responsible
ity.
NOT A FAIR EXPRESSION.
"Mr. Chttenden was satisfied that
Vntn nj ub a
expression of the sense of the select
council and proposed that another test
be made when the Sanderson appro-
| priation ordinance would be up on Sec
ond reading. l did not agree to be
| bound by it, as before, owing to the
rapidly increasing public sentiment
| against the Barber contract, and some
other considerations, but told Mr.. Chit
tenden that an expression favorable to
the contract would have it's due in
| fluence with me.
Again the two-thirds vote was
wanting. 1 was present when it was
being taken and learned from an au-
| thoritative source that more than one
of the members who voted in the at
| firmative were not in favor of the con-
| tract. They wanted TO take the ST.
500 out of the general city fund to
save it from being attached by holders
of judgments against the city or coun-
cilmen who might be tempted to say
to the devil with the asphalt repairs.
| and form a combine to spend the
money for culverts, electric lights
or the dozen and one other things that
| ward Councilmen are always ready to
| foster
Il will not again commit myself to
any particular line of action. AS to
the contract now before me, / will only
say | do not now see how l can sign
| it. even though l favored it. 1 be-
| leve, as Mr.. TOrrey says, that the pre-
sent mayor has nothing whatever TO
do with the executing of a contract
with the Barber company.
LET THEM PROVE RIGHT.
IF the Barber company has a con-
tract, as is alleged, they have only
TO await the passage of the Sanderson
appropriation ordinance to begin work
| IF, as the company claims, the con-
| tract has been lost. the eX-mayor
stands ready, according to his inter-
view today, to prove their right to a
| contract
Let them go into court and prove
this right to a contract, and when the
order comes from court directing the
proper city officials to execute dupli-
cate contract, I will be found awaiting,
pen in hand, to do my share of the
| task"