The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-08
HON. JOHN Z. ROCHE,
Select Councilman of The scycnth MM

Select Councilman of the Seventh ward.
Editor of The Tribune
Sir: ! am very much interested In
your Mr.. Duffy's letters on the subject
of secondclass cities. and from the
points he has furnished me regarding
the failure on the part of the general
assembly to provide a complete code
for second class cities am moved to
say that Uo one at leasO this is
more apparent than real. 1t may ap-
pear rresumptious in me to set UP
my opinion in opposition to Mr.. Elph-
instone, of Allegheny, who is cited
Ivy Mr.. Duffy as saying that when
Scranton enters the second class, she
cannot retain any of its third class
city laws.
By way Of preface, I will say that
the offices affected are those of con-
trol!er. treasurer. city attorney. city
clerk and collector of dilinqucnr taxes.
The acts of the Legislature creating
the office of treasurer. defining his
duties, etc. are those of May 1S, 1857;
Apri! 6. 1867; March II and q. 1869:
February is, 1871; March 49, 1873: May
%, 1874: June 12, 1878, and February
"a. 1881.
troller ara of May 16, 1857; June 16,
1860; Anril 6, 1867: April IS. 1873, and
June is, 1SS3 The Office Of city clerk
1878 and June IA. 1887. The act of
April /, 1865, provides for the election
of a city attorney and that Of March
%, 1877. creates the Office and defines
the duties of collector of delinquent
taxes.
THE 1887 ACT.
The act of June II, 1897, provides that
the Offices of CONTROLLER, treasurer,
city attorney # city clerks and
collector Of delinquent taxes shall re-
main as heretofore, eXceDt as herein
otherwise provided.
Does not this act of 1887 supply what
was omitted? 1 am not Il lawyer, but
my opinion is that it, does. The duties
of all the other officers. and the time
and manner of election are clearly de-
fined ana the acts cited by date here
makes it clear as to when and how
the officers in question are to be
elected.
But if l am wrong in my conclusion
and here is where + cannot agree
with Mr.. Elphinstone-why cannot
Scranton do as Allegheny and Pitts
burg have done? Your correspondent
says the laws Scranton stands in
need of are supplied in Pittsbur:s and
Allegheny by special charter pro-
visions which these cities retained
when they entered the second class
and Mr.. Elphinstone says that If
Scranton retains any of her charter
features ii would be virtually per-
mitted to enjoy special legislation. If
Pittsburg and Allegheny can do this
why not Scranton? II it is held that
she cannot, then inasmuch us 1t Is
provided that the mayor. treasurer
controller, city attorney. board of as
SCISSORS and city clerk shall continue
in Office until the end of the times
for which they were elected. how can
Scranton suffer by reason of the
change?
NO DIFFICULTY.
I fail to see any difficulty in making
the change, and. rs the legislature
will be in session after January l
next all the necessary legislation can
be supplied prior to the first Monday
in April when the transit takes place.
I am also moved to say that no
other legislation is necessary, unless
it be to take the power of appoint
ment from councils and give it to the
mayor, ana whether in tha abstract
that change would be an improve
ment is an open question. Pittslurg
is satisfied with it. 50 is Allegheny.
and it must be admitted that the ap-
pointments exclusively within the
control of the councils of Scranton
have not been bad. The changes have
not been frequent, neither has politics
always influenced the members in
their choice. The city clerk has held
his office for twenty years and more
by appointment of both branches of
councils, and the manner in which lie
performs his duties cannot be I'm
proved upon. The city engineer Is
elected term after term and makes
am excellent officer. The ore is IL
Democrat, the other a Republican.
The reduction in the number of
executive departments is, in MY
opinion, an Improvement, and taken as
a whole, ! am disposed TO the opinion
that TIE change will be 4 beneficial
one.
The most important change is the
taking away from the mayor about all
of the power of appointments and giv-
ing the same to councils.
THREE DEPARTMENTS.
The next in Importance is the crea-
ton of three executive departments,
namely, the department of public
safety, of public works, and of char
tiles. Excepting the elective offices of
mayor, treasurer and controller, and