The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-09-07

Mayor Moir sent two communications
to select council last night which
caused good sized commotion among
the city fathers. In these communi-
cations he stated that he returned the
papers relating to the claims made on
the city by ]. D. Keator for buggy
damaged through imperfections in the
city roads, and also two letters refer
ring to d. T. Battles claim against
the city for damages to his property
caused by the bursting Of a water
main.
The mayor refused to sign either of
the documents until a definite amount
of damages was fixed and until it was
proved in the case of Mr.. Battle that
the city and not the Scranton Gas and
Water company was liable.
The moment Clerk Lavelle had read
the mayors missives several of the
councilmen were on their feet, protest.
ing that 1t was all mistake and that
the claims should not have been re-
, ferred to the mayor at all.
At the last regular meeting of Sc
lect council it was voted to give these
two claims, and all others pending
into the hands of City Solicitor Vos-
this was to have the solicitor decide
the extent of the city's liability and
then render a report to select council.
The wording of the resolutions, how
ever, was such that 1t seemed to i'm
ply that the city solicitor was empow-
cred to settle the claims.
vEToES SUSTAINED.
The mayors veto was sustained by
council, however, in both cases, Coun-
| Gilman Finn's motion to pass the meas
ure over the veto being twice defeated.
The meeting was calleu to order by
Councilman McCann, who presided in
the absence of Chairman Wagner. The
reading of the minutes was suspended
! till next meeting, and Clerk Lavelle
read the two communications from the
mayor, the one relating to Battles
| claim first.
At its conclusion Councilman Waugh
an sprang to his feet and exclaimed:
| THAT wasn't meant for the mayor.
1t was referred to the city solicitor.
| How did it ever get into the mayors
| hands?"
The two communications were as
! follows:
! Honorable
Gentlemen: | return to your honorable body
two letters referring to claims Of d. p. Battle
| against the city for damages to MS property
! caused by burst of the water main. Your non
orable bodies has not sent to me even con-
current resolution setting forth the amount OF
/ damages claimed so that ! might act intelli-
| gently.
| 1t appears to me in the frst place that the
city is not responsible for the damage as in Mr..
| Mr. Vaughan's enclosed letter the statement is
| made that the damage directly caused by
| the bursting Of the water main in the street.
! Unfortunately the Iiry does not own nor control
any Of the water mains on any of the streets,
| consequently the Scranton Gas and Water COM
pany must be and is held responsible for this
/ class OF damage.
| It is further stated that T. B. Jackson, the
! building inspector, appraised the damage which
was done. BY what authority did the building
! inspector make the apprasement, and how much
did he find the amount in money Of the dam
ages to be2
( The communication further states that he (the
building inspector) lowered the estimate Of Mr.
Battles expert by seven hundred dollars; but
even the minimum fixed by Mr., Jackson is not
| revealed.
Gentlemen, this matter OF settling claims is
too vague, too inleinite, and would not be
justified in afixing my signature to any such ar
rangemcnt.
| llrst-Establlsh the TACT whether the CITY
at all responsible for damage caused by the
Water compsnys weak mains
| Second-Embody your findings and amount OF
damages in dollars and cents in an ordinance 50
| that l can act inteligently and fairly on such
an important and costly matter as this claim
seems 10 be-
| To the Honorable the Select Council.
Gentlemen: l herewith return papers relat'
ing to a claim against the city in favor OF J.
D. Keator. The claim may be correct and Iea.
sonahle, but ! cannot approve Of it as it now
stands.
see that Mr.. Keator proposes that il the city
will purchase a new wagon for his use he will
consider tho same to be settlement in full OF
all claims his part against the city. There
is no stipulated sum agreed, upon to be paid
for the new Keator wagon. don't know wheth'
er the committee or whoever may make the pur'
chase, will select $50 or a $500 wagon.
Consequently cannot endorse any such slip
shod methods Of doing business in the settlement.
OF claims. Respectfully submitted