The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-08

-- -- 49,
should be provided before reorganiza-
ton time.
This was all right at that time, the
eNceptants say, but 1t does not apply
now, inasmucf as the 1895 legislation.
quoted above, straightens out the dill
Guilty which the Supreme court was
confronted with and practically de-
stroys the effect of the PaXson decis-
ion.
The exceptants say that Allegheny
In making the transition simply blum
dered through the matter of readjust-
ing its common council, and this the
Allegheny people practically admit.
They had more common councilmen
than the new law allowed and had 10
contract instead of expand. The law,
at all events. was not followed and
their action is of no worth in determine
ing Scranton's proper course.
But leaving Allegheny out of the
question altogether, as must he ,ds be
done under the circumstances, the ad-
herents of the views conveyed in pre-
vious Tribune articles, still have plenty
of ground. so they aver, on which to
base their contentious
First of all they deny that the 1895
enactment destroys the effect of the
Paxson decision and say that no such
reasoning can be adduced from the
freest reading of the act. This, Of
colu'se. is matter for the court.
Expansion of Council
Regarding the expansion of the com
mon council, their contentious are
these: The 1891 law. above quoted, re-
o. iS conor,l-
class city law. 1t provides for the ap-
pointment of a committee to make the
apportionment. A third-cl city cour-
ellis can not exercise any of the rights
or privileges bestowed by second class
city legislation. consequently this COM
mittee must be selected from the sec
ond-class city councils. and as there
will be no second-class city councils
until the first Monday in April next,
no apportionment of common council
men can be made till that time.
Applying these arguments to the 1895
legislation, the adherents of these lat
ter views point out that the clause,
the proper officers shall be elected to
which the said city will become en-
titled" can not refer to the additional
common councilmen, as it can not be
determined at that time how many OF
such offices the city "will become en-
titled" to.
This being the case, they say. the
proper method of procedure will be to
appoint the apportionment committee
Immediately upon the organization OF
the second-class city government, take
the return of the assessors as it ap-
pears from the last assessment and
having determined the number and
location of the new common council
men, declare the seats that they are
entitled to by the law to be vacancies
and proceed to fill them by Il special
election.
Assessors at Work.
The city assessors are now working
on return of the resident taXabes
and expect to have it ready within
couple of weeks. 1t is at the instiga-
tion of Mayor Mor that they are doing
this, and it is the mayors intention to
have his beliefs put into practice by
having the apportionment made by
committee of the present councils and
proclaiming the February election day
as the time for eecting the additional
common cOuncilmen.
The Democrats who do not want the
council expanded until after the first
Monday In April, and who propose that
the directors of departments shall be
chosen by the present councils as soon
as the certificate of the governor az
rves, will oppose this contemplated ac-
tion of the mayor, and the chances are
that some interesting quo warranto
proceedings will follow.