The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-15

becomes n city of the second class, car
be elected by the present councils. OF
by the augmented councils, was dis.
cussed in Tuesdays Tribune. There
is no longer any doubt about this mat.
ter, for n Supreme court decision, dis.
covered by a Tribune man yesterday
decides that the old councils shall elect
The case was brought up in 1891 in
Allegheny, when a citizen applied to
court for a mandamus upon Mayor
James G. Wyman to compel him to
issue proclamation providing for the
election of twenty-one new select coun-
cilmen to take the place OF the twenty
one select councilmen in office when
Allegheny was Il city of the third class
The attorneys for the petitioner con-
tended that the old councilmen should
go out Of office when the city became
a city Of the second class. The mayor
contended that the old councilmen
should hold over until the end of their
terms and when the mandamus was
granted by the lower court he prompt
ly appealed.
PANSON DECISION.
In addition to this question, the ques-
ton as to which councils should elect
the heads of the departments of public
safety, of public works and of public
charities also came up, and this is
what Chief Justice Paxson, who wrote
the opinion, had to say regarding the
election OF these three heads or de-
partments:
We are asked to say whether these respective
officers shall be elected by the councils of the
new or the old city. Upon this point we are in
no Doubt The present councils are the councils
of the new city, ii l may use term which
docs not quite accurately describe the situation.
me city remains the same. It. merely passes
from one condition into another.
1t enters the new with all its ordinances: all
Its officers whose offices have not been abolished;
all its contracts in full force and simply con.
forms for the future TO the new regulations
which the law declares shall supcrCede the old.
The machinery Of the latter, as before observed,
must be used to start the city under its now
government. We are OF the opinion that the
present councils should proceed to elect these
heads OF departments
This is flat-footed, and cannot be
construed to mean anything but what
it says. OF course, before the pres
ent councils can elect these three heads
of departments it will be necessary
for the city to have entered the Sec
ond class; that is to say, it will be
necessary for the official proclama-
ton of the governor to be received.
FINING THE SALARIES.
1t will also be necessary to pass an
ordinance fixing the salary OF these
three officials, as there are very few
men indeed who would consent to be
candidates for an office, if the exact
amount of the salary accompanying
it We're NOT known.
Now. the fact that the Supreme
court Of the state has decided that the
old councils should proceed to elect
these three officials has q most imports
ant bearing upon existing conditions
in the councils of this city. In the
councils, as at present organized. the
Republicans have a majority OF one.
Select Councilman Edward James. of
the Sixth ward, will soon resign. hav-
ing been elected TO the legislature
from the Third district. His successor
may be q Democrat, inasmuch as he
was the first Republican ever elected
to councils from that ward and was
only elected because there We're two
Democratic candidates against him.
If Democrat is elected in his place,
it will leave each party with twenty
one votes, rs follows:
COMMON COUNCIL.
Republicans Reese, NJ, " Morris, Crifiths
Godshall. Paine, Nageli, Harvey Watkins,
Keller, Smith--l0.
Democrats ts--Grier, Calpin, Ruanc, Roche. Phil
lips, Calvin, Wcnzel, Coleman, L. +. Morris,
Cusick, Norton--ll.
SELECT COUNCIL.
Republicans Finn, Thomas, Williams.
Chittenlcn, Wagner, Schneider, Lidstonc, Oliver,
Clemons-ll.
Dcmocrats-Costello, Roche Melvin, Shea, Nc.
Cam, O'Boylc, Vaughan, Coync, McAndrcw and,
allowing a Democrat for the sixth ward-l0.
AN INTERESTING FIGHT.
From this it would appear that the
fight will be q mighty interesting one,
and that if both sides are determined
it may be necessary for each to give in
a little, permitting the election Of men
from both parties. Then again it may
be that party lines may not be drawn
and that the man, rather than the
party, will be looked at.
1t will be noticed that this opinion of
the Supreme court is the one which
also decides that all officials of the old
city, whose offices are not abolished.
shall continue in office until the terms
for which they We're elected expire.
This affects the mayor, the controller,
the treasurer, the assessors, the city
solicitor the city engineer and the CITY