The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-05
WHAT THEY
THINK IN
PITTSBURC


have no objection to having their spe-
clal law enacted into a general law
for second class cities. but. where the
provisions differ, as for instance In the
manner OF electing a city controller
and city treasurer, bother is likely to
be encountered.
Neither city may be willing to give
up it's particular provision for that OF
the otheror wholly new ore to be s,lg-
gested by Scranton. Each may be well
satisfied with the way things are, and
being under no obligations to Scranton,
the chances are they will refuse to in-
convenience themselves in the slight.
est for their new neighbor, and as
forcing them to do anything is hardly
to be thought of even as a possibility,
Scranton would be in the sorry pre-
dicament of going around with a lot
of rents and holes and rips in its leg
islative toggery while it was waiting
for the Supreme court to come to its
aid.
ETPHINSTONE'S OPINION.
According to George ElphinstOne, a
leader of the Allegheny county bar
and who was city solicitor Of Allegheny
when 1t made it's transit to a second
class city ten years ago, Scranton can
not retain any of its third class citv
laws. because. If 1t was allowed to do
this. 1t would be virtually permitted
to enjoy special legislation.
Allegheny was never a city of the
third class. 1t was such in popula-
ton. but it never accepted the pro-
visions of the Wallace act, which con-
tained charter for third class cities
1t did. however. accept general laws
applicable to third class cities. where
such laws were mandatory. When 1t
passed into the second class, the SUI
preme court decided that 1t could not
take these third class city laws with
it. In Mr.. ElphinstOne's opinion. Sclan-
ton will be no more able to avail itself
Of the use of any of It's present third
class city laws when it becomes a
second class city. than If it passed out
of the state OF Pennsylvania. When
YOU step out OF the third class. you
drop everything that is expressly thi.I
class" he said. "Ths is an undoubted
proposition
AS may be judged the question as
to where Scranton will secure the laws
it will soon stand in need of is one Of
the greatest Importance.
With the work of completing the
code provided for. the next step would
be the drafting of an ordinance to
carry the new charter into effect. \
committee of which Mr.. Roche is chair
man has that matter in hand and at
the latter'S request. your correspondent
has secured and forwarded to them
comics of the ordinance used for this
purpose by Pittsburg and Allegheny.
together with a mass of other informa-
tion that will likely be of use in carry
in" out this task.
HEADS OF DEPARTMENTS.
Next in order will be the election of
the heads OF departments. This is
unquestionably to be done by the pres
ent councils. The matter was tested
in the case of the Commonwealth
against Wyman. when Allegheny was
in a transitory state. The decision was
rendered by the supreme court March
l6. 1891. and Immediately thereupon the
old or expiring councils proceeded to
elect such officers of the new class
city as We're to be elected by courcils.
Mr. Elphinstone was one of the at
torneyS in this case. being at that
time city solicitor of Allegheny. En-
cerpts from Justice P;iXsons decision
have been printed in The Tribune.
Just here. another difficulty presents
itself. There is no second class ci:"
legislation regarding the election of
controller and treasurer. In Pittsburg
they are elected by the people. In
Allegheny the councils elect them.
Each city retained it's old charter pro-
visions regarding this matter.
Section /. of Pittsburg's present char
ter approved June IA. 1887, by GOV.
error Beaver. contains this:
On and after the first Monday OF April. lsss.
the select councils lof second class citrs) shall
consist Of one member from each ward. y
The common council shall consist OF al least one
member from each ward and apportoned in the
manner provided by existing legislation.
Section 10 contains the following
clause:
The councils shall primarily, hy ordinance. rn.
ACTED before the first day in January. lSss. pro
vide for the carrying OF this act into effect by
the election of the heads of departments, lesig-
mating the salaries thereof, ETC.. etc.
ALLEGHENY ORDINANCE.
The Allegheny ordinance carrying
into effect the provisions of the second
class charter and which was passed
by councils March 6, 1891, has this as
its first section:
Section BE il ordained and enacted by The
select and common councils OF the city OF Ale
gheny. and il is hereby ordained and enacted by
the authority OF the same, that Oh and after the
first Monday OF April, 1891. the executive power
of the city OF Allegheny shall be vested in the
mayor and the departments authorized by an aci
OF assembly entitled: IAN act in relation TO the
government OF cities of the second class" ap
proved June H. 1857.
Section "a of the same ordinance
reads in part as follows: