The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-13


warranto proceedings directed against
James Moir to compel him to show by
what right he holds the office of re-
corder, yesterday went before Judge
II. NJ. Edwards. who is presiding in
the main court room this week, and
made an application for the advance
ment of the argument of the case from
Tuesday of next week. the date orig
inally fixed. to tomorrow morning at
o'clock. Court allowed the change.
Late yesterday afternoon Mayor Moir
filed his reply to the petition on which
the writ OF quo walranto was granted.
The answer follows:
Tie respondent, James Moir excepting and re.
serving all manner of exception TO the errors,
both in form and substance, makes answer to the
information suggestion:
Fnst-Hc admits that an act ~ the general
assembly of Pennsylvania, entitled can act for
the government of cities Of the second class
vas approved on the seventh day of March, 1901.
and is now the law regulating the government
of said cities; but he denies that the said act
Is III any particular imperative or unconStitu'
tional.
Sccond--lIe admits the facts alleged in the
second paragraph OF the suggestion or iniolmd-
ton, except the last clause thereof, to wit:
And who in addition to his other powers, Is
| authorized to perform all the duties heretofore
performed by the mayor oi said city, lie does
not admit that the fact is IS stated in the words
/ Just quoted, but alleges that the duties OF re.
corder as designated and fixed by the Act OF
March :, 1901, Aforesaid are such specified
and designated in the said act, as by reference
thereto will fully appear, and that he has no
other powers or duties as recorder, save such as
are specifically vested in him by the said act
Il duly authenticated copy Of which act is at
| tached hereto and made part OF this answer
Thrd---iIc admits the statements oi fact con-
tsned in the thrd paragraph Of the suggestion
or Information 10 BE- true as therein stated
AZ MMATERiALIsT.
Fon,th-iie respondent is advised aud believes
| that the allegations Of the fourth patlgraph OF
the information suggestion are indefinite, inn
! material and arguncntativC and that he Is not
| required In law 10 answer the same. SO lar as
| tie said allegations may be regarded as material,
| il is admitted that The petitioner, as citizen
aud taxpayer of the city Of scranton, is properly
! interested in having a stable and legal foIm Of
municipal government bnt il is not in auy way
! admitted that the Legislature has not the right
! to enact law which will deprive municipal
| officer elected by the people, from exercising
| the duties and receiving the emouucnts Of the
! office during the term for which he was elected;
! but. the contrary, the Legislature has nil
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!
| se\enth--lh answer to the allegations in the
| seventh paragraph Of the said suggestion OF in