The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-20

Those OF the opponents of Scranton's
transition to the second class. who
hoped to avoid the transit by having
the governor delay the certification of
the census figures till legislation could
he passed keeping Scranton in the third
class, are doomed to disappointment.
Governor Stone says he cannot with
hold the certificate.
Some days ago, Select Councilman c.
Il. Chittenden, who Is one OF the most
vigorous of the opponents of the tran
sit, wrote to Congressman Connell, re-
questing him to use his influence with
Governor Stone to have the certificate
delayed. Congressman Connell for
warded Mr.. Chittenden's letter to Gov
ernor Stone, and this is what was re-
ceived in reply:
Commonwealth of Pennsylvania,
Executive Chamber, Harrisburg.
December IL. 1900.
Hon. William Conncll, House OF Representatives,
Washington, d. c.
Dear Sr:-Your letter OF the 18th inst, en-.
closing letters from c. i. Chittendcn, received
today Your attention and that of Mr. Chit
tenden ia called to the act of assembly, ap.
proved May s, 1909, page 1873, dividing cities OF
the state into three classes. Under this act
crnor to certify to any city that has changed
its classification under the census. do not
see how | could withhold such certificate, un-
der the plain provisions OF this law, nor do
see how the city Of Scranton can fail or prevent
becoming a city of lne second class, but this
is for tlAlkty OF Scranton to determine, not
for me. -
will he very glad to oblige you or Mr..
Chittendcn, and especially to do what the peo'
IL. 49, .1aI .1N cp
without violating the plain legal duty i'm
posed upon me.
may say that the act OF assembly was con.
srued by the supreme court at the time Ale.
Ghcny passed from third to a second class
city, and the provisions of the act upheld.
think the case will be found in the reports OF
cases in the supreme court in 1890.
/ return Mr.. Chittenden's letter.
Very truly yours.
William A. Stone.
Dec. IS. 1900
Respectfully referred.
Please return after you are through with it,
aud oblige William Connell.
is MUCH CAST DOWN.
MI. Chittenden, as may be believed,
is very much cast down over the re-
ceipt of this pronunciamento OF the
governor. This practically settles the
matter" said he yesterday to a, Trib-
une reporter. "Our city has had only
Indifferent success in handling u rea-
sonably good charter. 1t will now be
interesting to watch the efforts to work
what may ba called Il criminal con-
spiracy. This charter can only be
worked by a boss, and as q large per-
centage of the Republican vote Is I'M
alterably opposed to bosses and boss
ism, it is a safe prediction that the
city will soon pass into permanent
Democratic control"
1t would seem that all hope of pre-
venting the transitional, indeed, it is
the wish of Scranton to prevent it
is gone, but according to Attorney I.
II. Burns. there is still another way out
of the difficulty.
The law provides that the governors
certificate shall be recorded, and in a
decision in 1898, Justice Williams stated
that upon the recording of this certifi-
cate the city, in that instant, passes
into the new class. 1t may be that
some Of the new classification laws
have made this decision imperative,
but that question has never been test
ed, and If Scranton only wants n delay
III tfdHSltlOn OIL a. lew mOntHS OF SO, IL
can secure it by neslecting to record
the governors certificate for that time.
Before any one could secure a man.
damus from the Supreme or Superior
courts, to compel the city officials to
record the certificate and bring about
the transition, the work of changing
the classification law could be COM
pleted.
HAS BEEN AMENDED.
There are some who contend that the
actual transition will not make impos-
sible the passage OF the legislation nee
essary to keep Scranton in the third
class. They point to the fact that the
classification act has been frequently
amended and that each amendment has
affected one or more cities. There is
no reason, they contend, why the
amendments can not be made just as
we'll after Scranton becomes second
class as when 1t is third class.
The general opinion, however, is that
the transition is inevitable and that
the best course for Scranton is to be-