The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-16
TO
BE ELECTED
SUCH rs THE CONTENTION OF
FORMER SOLICITOR vosBuRa.
Conflict in the Terms Of the Muehl-
bronner Bill Resulting from the
Failure to Correct a Typographical
Error Is Causing No End of Dis
cussion in City Hall as to Whether
or Not Scranton Is Reading the
Law Aright-How the Mistake
Came to Be Made.

Came to Be Made.
1t is much mooted question about
city hall as to whether or not Scranton
has proceeded legally in the way 1t
dealt and contemplates dealing with
the board of assessors.
The original draft of the act provided
that the treasurer, controller and
board of assessors should be appointed
by the recorder. When the conces-
sions to Scranton were made and the
act was given u general overhauling.
the provisions regarding these offices
were changed by making the treasurer
and controller elective. BY some mis-
take, in printing, the board of asses
sors was included with the treasurer
and controller in the list of elective
officers but in the schedule" the pro-
vision that the recorder should appoint
the assessors was allowed to stand.
How this happened is best illustrated
by reproduction of the pertinent por-
tions Of the amended bill as they, APP
peared on the senate calendar:
(Strike out words in brackets; in
sert words in heavy black type)
ARTICLE XII.
Election and appointment Of depart
mental officers clerks and employees
Section 1 The city recorder shall
nominate and by and appoint
the following officers who shall hold
Office during the term for which the
city recorder was elected Tor appointed
and until their successors shall be re-
spectively appointed and qualified
+ The Director of the Department OF
Public Safety
III The Director of the Department
of Public Works
III The Collector Of Delinquent
Taxes
" The City Solicitor
V The Director of the Department
Of Charities and Corrections
VI The Members of the Sinking
Fund Commission
TVII The City Treasurerl
tVIII The City Controller]
[IX] VII The Board of Assessors
the City Treasurer and City Control
lers shall be chosen by the qualified
electors Of the city at the regular
municipal elections at the end of the
term Of the present incumbent of
these offices for the term of three
years and until the election of their
successors
WHAT SCHEDULE PROVIDES.
In the schedule of the same print OF
the bill appears Il clause authorizing
the recorder to appoint the directors,
collector. solicitor, sinking fund com-
missioners and board of assessors.
fol ic- ri n
ing: Controllers and treasurers shall
fill out the terms for which they We're
elected or appointed lin Pittsburs
they are elected and in Allegheney they
are elected), and at the expiration
thereof their successors shall be ap-
pointed as herein provided"
BY this it will be seen that ii was
the intention of the trainers of the
act to make the Office of assessor ap-
pointive, not only for the first two
years, but ever thereafter.
The conflict between the body Of the
act and the schedule and the apparent
typographical mistake in the assessor
clause in the body of the article. was
pointed out to the Legislators by AS
SCISSORS Ri1sland and Jones, of this
city, while the act was in committee
for printing, and Senator Muehlbron-
ner promised to have it corrected.
The correction, however. was not
made. and when the act appeared in
pamphlet form after its passage in the
shape in which it is to go into the
statute books, and with the signature
Of the Governor and attest of the Sec
retary of the commonwealth attached
the first section of Article Mi ap-
peared in the following bungled shape:
Section /. The city recorder shall nominate
and appoint the following officers. who
shall hold Office during the term for which the
city recorder was elected and until their sue.
cessors shall be respectively appointed and quail.
fed:
!. The director of the department Of public
safety
II. The director Of the department Of public
works
ILL., Tn, collector of delinquent taxes.
". The city solicitor.
V. The director OF the department Of charities
and corrections.
VI The members of the sinking fund commits.
sion.
VII. The board of assessors, the city treasurer
and city controller shall lie chosen by the quail
tied electors OF the city, at the regular munich
pal elections, at the end OF the term of the
present incumbents OF these offices for the term
of three years, and until the election of their
SUCCESSORS.
Sec. .. The ETC., etc, etc, etc.
The schedule" provision relating to
the appointment of assessors by the
recorder remained the same as it was
In the copy of the act before the same
was reprinted after passage.
CONTENTION MADE,
The contention is made that in par
graph VII of article XII the words,
tine board of assessors" should make
a complete paragraph and that the
clause starting out, THE city treas
urer and city controller shall be
chosen, etc." should comprise a new
paragraph and be labeled section ?.
Former City Solicitor A. A. Nos-
burg, who headed the Scranton dele
cation which secured a re-castng of
the Scranton, or what Is more fami-
liarly known as "tha Scranton con-
cessions," was seen yesterday regard
ing this difficulty.
He stated that at the preliminary
conference between Mr.. Bigelow, Mr.
Elphinstone and himself, when the
amendments to the act We're being
| considered. the question arose as to
how the city treasurer, the city as
SCISSORS and the city controller should
| be elected.
They were unable 10 agree at that
| f;p,e. u,ith rnSpapf IN the trPa nd