The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-09

nance Is again risen from the dead.
Select council last night. on motion of
Mr.. Wagner, called II up from it's
long death-like sleep, had the laws
and ordincnces committee report IL fa-
vorably and then succeeded in having
1t passed on first and second readings
After adjournment number of ito
supporters got together ana signed a
call addressed to city Clerk Levelle
for a special meeting for general busi-
ness tomorrow evening. Mr.. Wagner
admitted that the telephone ordinance
was to be feature of the general
business to be considered at the spe-
cial meeting.
Fifteen to six is the apparent divis-
ion on the new telephone matter. The
test was made on an amendment Of
fered by Mr.. Wagner to the amend
ment to the rules. which caused a halt
to the new telephone bill. This amend
mcnt to the rules read that no mea-
sure that was once killed in councils.
nor any measure similar in effect or
purposes could be re-introduced in the
same fiscal year in which 1t was killed.
The amendment to this amendment,
as offered by Mr.. Wagner is to the
effect that this rule shall not apply to
ordinances that arise or have arisen
in common council. The telephone
ordinance arose in common council
VOTE ON AMENDMENT.
The vote to adopt this amendment.
to the amendment to the rules was as
follows:
Ayes-Messrs Finn. Thomas, Williams,
James, Melvin. Wagner, Schneider. San
derson, Fellows. Schroed Lansing,
OBoyle, Frable, Coyne. McAndrew-l5
Nays-Messrs. Ross. Kearney, Roche,
Chittenden. Shea, McCarn--5.
"A portentous resolution relating to
the water question was introduced by
Mr.. Chittcnden and approved. 1t di-
rects the city solicitor to examine into
the charter of the Scranton Gas and
Water company with view of learn
ing if there is any legal obstacle to
the city owning and operating its own
water works.
Towards the close of the meeting
Mr. Melvin called up mis- ordinance fix
ing the maximum rates to b. charged
the public for water. Mr.. Chittenden
amended it by striking out the sched-
ulc VI TtttS anu SuDStltutlnE
the following scale Of meter rates:
10000 gallons daily (or less), 10 cents per
1000 gallons.
10000 to 5000 gallons daily, cents per
900 gallons
10000 to 10000 gallons daily. cents per
200 gallons.
10000 to $1,000 gallons daily, 6 cents per
LOCO gallons.
5000 or more gallons daily, 5 cents per
1000 gallons.
The amendment was adopted with
out any opposition from Mr.. Melvin or
any one else, and ordinance was Or
dered reprinted.
BY resolution coming from Mr..
Finn. the select council declared in
favor of taking an appeal to the
Superior court from Judge Archbald's
decision in the Saul case The resolu-
tion has yet to run the gauntlet Of
common council. The vote was as fol-
lows:
Ayes-Messrs. Ross, Finn, James. Wag-
ner, Schneider. Sanderson. Fellows,
Schroeder, Lansing. Frable. Willams-1l.
Nays - Messrs. Kearney. Thomas,
Roche, Chittenden, Shea. McCann,
O'Boyle, Coyne, McAndrew-l0.
VOTED THE WRONG WAY.
Mr.. Williams claimed after the an.
nOuncement of the result that he had
voted aye by mistake and later had the
motion reconsidered that he might
straighten himself on the record. Some
members had left in the interim, and
though Mr.. Williams changed to the
nays, the motion to take the appeal
again prevailed by vote Of 8 to 8.
Messrs. Roche and Chittenden ar
gued against taking the appeal, saying
1t was waste Of time and money to
try to get a reversal Of Judge Arch
balds opinion, which to their minds
was simple Interpretation of an easily
understood bit of rlain Anglo Saxon
reading. Messrs. Finn. Sanderson and
Lansing spoke in favor Of the appeal,
arguing that it was eXpedient to have
the testy question of the powers of the
mayor in this regard settled once and
for all by an appellate court.
The following communication deal
ing with this matter was transmitted
by City Solicitor \'osburg:
Scranton. Pa. Feb. 2, 1900.
To the Honorable, the Members of the
Select and Common Councils, OF the
thty of Scranton.
Gentlemen: l call your attention to
the decision of the court in the case of
James Saul against the city Of Scranton,
50 that an appeal can be taken to the
Superior court, If YOU desire to do so.
The opinion of the court holds as I did
in an opinion furnished by me to your
honorable bodies some time ago: First.
that police officers are not public officers
within the meaning of the constitution