The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-27

Even If select council should ever by
any possible chance again pass the
resolution providing for an audit of
all claims against the public library
by the joint auditing committee, it's
pretty safe to prophecy that common
council would never concur in such a
resolution, and that Mayor Moir would
never sign It, This is because City
Solicitor Vosburg, in an opinion read
last night at the regular meeting OF
the common branch, stated that such
councilmanic action would be Illegal.
The opinion was presented by Mr..
Keller, chairman of the special COM
mittee to which the resolution was re-
ferred at the last meeting, and dealt
entirely with that phase OF the question
relative to the deed of trust accepted
by the city from the Albright heirs.
Mr. Vosburg first states that the act
of assembly permitting cities to ac-
cept grants of pro. " is silent as to
| terms, therefore the tions between
| the Albright estate am 'e city are
| strictly contractual. The pr, isions of
the resolution. Mr.. Vosburg says, "are
| beyond the powers conferred upon the
| municipality and are therefore illegal"
lt1t bEISlD OE INUOl'
He points out that the deed of trust
| plainly states that the library shall he
| managed and controlled by board of
| directors" If all bills were passed
! upon by the auditing committee of
councils before being paid, this would
take the control largely out of the
| hands of the directors, he argues. In
conclusion he says, "Of course if there
was a breach of trust on the part of
| the trustees, the municipality would
have its remedy, but there is no allega-
ton of this kind, whatever"
Mr.. Grier insisted that the commit
tee could not present any report, select
council having reconsidered it's action
in passing the resolution. but the chair
ruled that it could, and the opinion
was ordered filed. Mr.. Keller then
moved that action be indefinitely post
poned and the motion was carried.
Under the head of new business, NJ.
V. Morris introduced a resolution di-
recting the joint fire department COM
mittee and the veterinarian to purchase
eight horses for the department, pend
sing the passage of an ordinance. A
similar resolution is now being con-
sidered by the fire committee of select,
but Mr.. Morris introduced it so as to
get it passed by next Thursday by
both branches.
Mr.. Keller contended that the reso-
luton was out of order inasmuch as
no money could be appropriated unless
by ordinance. This caused Messrs.
Morris Zizelman and Phillips to speak
strongly in favor of the resolution.
They all pointed out the absolute neces>
sity of purchasing these horses imme
dately, and the chair ruled the resolu-
tion in order whereupon it was passed,
Mr., Keller being the only member vot-
ing against it.
Other new resolutions introduced and
passed were as follows:
NEW MEASURES.
BY M. V. Morris-Directing the city
engineer to prepare plans for a sewer
on Ferdinand street.
BY NJ. Ruane-Directing the city So
lcitor to confess judgment in the sum
of 1915 in settlement of the claim of
j. ]. and Ava. r. Ruddy against the
city.
BY Mr.. Notwithstanding the con-
struction of private sewer on Decker
court.
BY Mr. Notwithstanding for the
erection of a fire hydrant at the corner
of Fifteenth and Fellows street.
By Mr.. Watklns-Directing the city
engineer to prepare a profile of the
grade of Sixteenth and Seventeenth
streets between Luzerne and Fellows
street
BY Mr.. Coleman-Referring the claim
of Philip CARRIER against the city &c
{ the joint judiciary committee and the
city solicitor for settlement.
The following select council resolu
tons were passed: Providing for q
; fire hydrant at the corner of Florida
| avenue and Reese street: providing
: for the payment of the claim of Ed
ward Petherick; awarding the con
tract for the grading of Taylor avenu,
t to Hugh Gilmore; providing for the
I payment of the claim of Robert Simp
Y son.
. The bonds of City Engineer Phillips
y | and 7. Owen Charles, tax collector O.