The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-09-14

Attorney John p. Qulnnan, who was
appointed by the court to ascertain
the indebtedness of Lackawanna
township, filed his report with the
court yesterday.
He found the total Indebtedness of
the township as marshaled, including
interest. to be S39, ,263.25; subtracting
$21, 164.45 disallowed claims from this,
leaves an Indebtedness of s1S09S.S0.
The cost of the marshaling proceed
ings is $4,460.45. The marshal's fee is
S2,460, and the stenographer's $3.50.
This added, brings the total indebted
ness of Lackawanna township to $22,-
55025.
Mr.. Quinnan divided the claims un-
der three heads: First claims in
judgment in the court of common
pleas of Lackawannna county; sec
ond, claims in judgments obtained be-
fore aldermen and justices of the
peace; third, claims IN township or
ders He refuses to allow the $21,-
164.45 for the reason that fraud, for
gerry and sharp practice of all kinds
had been resorted to get judgments
against the township.
The following are Mr.. Qulnnan's
findings of facts:
FINDING OF FACTS.
First-that the borough Of Taylor was ncorpor.
atcd the 23rd of November, 1903, and was
erected out Of territory which, previous to that
| date, was a portion of the township of Lacka'
wanna.
Sccond--That the township Of Lackawanna was
marshaled under the act Of June 12, 1873, p. l.
ls4l, to No. 3, May term, 1894, in the court Of
common pleas in Lackawanna county, "ln
equity" and ITS Indebtedness ascertained up to
the 23rd Of November, 1893, the date Of the in
corporation Of the borough Of Taylor, and a
levy directed by the Aforesaid court made and
collected to pay off the existing Indebtedness.
Third-That certain debts of the township OF
Lackawanna, which were in existence at the date
of the incorporation Of the borough of Taylor,
constitute the basis OF certain claims presented
to the commissioner in the present proceedings.
Fourth-That township orders paid and turned
into the township auditors in settlements Of SUI
pervisors' accounts were not cancelled. These
orders found their way into circulation and were
presented to the commissioner as claims against
the township Of Lackawanna, or were used to
evidence claims sued in the common pleas or
before justices Of the peace and aldermen. Judg-
ments obtained upon these orders embraced sew
eral Of the claims presented.
Fifth-That forged township orders, in conjunc.
tion with forged assignment Of claims, were used
as evidence to secure judgment against the town
ship Of Lackawanna, and these judgments offered
to the commissioner as claims against the town
ship.
WAY IT WAS DONE.
Sxth-That orders upon the township treasury
| drawn and signed by the township auditors, and
| judgments evidenced by such auditors, were pre-
sented as claims against the township.
Seventh-That suits against the township o
Lackawanna were instituted on endorsed township
| orders. and the actions maintained in the name
| of the holders for the amount Of the orders
Eighth-That with few exceptions the judg
| ments obtained against the township were default
| judgments.
| Nnth--That claims alleged to be due and ow
ing township supervisors on over.paid orders, anC
| on orders drawn TO themselves during their terms
| OF Office and embraced on certain judgments, hay,
| been presented to the commissioner
Tenth-That for the time covered by these pro
| ceedings the township OF Lackawanna has NJ
record Of its official transactions the record
| having been stolen.
EleyenthThat claims against the township o
Lackawanna, which in the aggregate exceeded thu
| jurisdiction of aldermen and justices OF tn,
| peace, were divided as to bring them within
| their jurisdiction and suits instituted and judg
| ments obtained on some before aldermen anC
| justices of the peace
| Iweltth-ln the most instances the only eVl
| dence OF such assignments Of claims against tn,
township to the holders of such claims was
blank endorsement the orders by the payees
| Thirteenth-That there is no money now in th'
| Lackawanna township treasury and no outstand
| ing solvent debt, and no revenue applicable with
| in year TO the payment Of the debt OF sale
| township.
| Fourteenth-That the borough OF Moosic has
| since the beginning Of these proceedings, beer
l ii.
| incorporated on the 2sth of November 1898. Th
assessed valuation of taxable property of tn
| township OF Lackawanna for the year 1900 i
| S75l 59S, and the rate OF the general tax levy
| six mills. The assessed valuation Of taxab
property in the borough of Moosc is $27s 500
and the rate Of the general tax levy is - mills
| Fiiteenth-The commissioner finds the total in
debtedness of the township OF Lackawanna q
marshaled to be $50 926S,26.
| THOSE NULL AND VOID.
The commissioner then finds tha
claims in existence prior to Novembe
%, 1898 are null and void, eXcep
claims for damages that are pending
that orders drawn on treasury by
supervisors without anything more ar
not prima facie evidence of TOWNSHIP
Indebtedness that township orders arr
not negotiable; that auditors have NJ
power to issue orders on township
treasury; supervisors orders must hi
passed upon by the auditors; that in
debtedness to and from supervisors il
determined by special tribunal: tina
no claims which have not been fixed
by Judgment, auditors settlement OF
otherwise adjudicated according Il
law, cannot be allowed; that the simple
I 4 - yfa tam aRNf
oranda from the records is not suffic,
lent proof of Judgment that has beer
| objected to, the proper proof is The
production of the record or other lega
evidence: that in proof of claims the
| o,aioo,,, r,,Iae ~ aVidanCa shnuld n.