The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-22

| Donald Joseph O'Brlen, Former CITY
| Solicitor j. II. Torrey, A. A. Vosburg
and |. III. Burns. and City Solicitor
George NJ. Watson, go to Philadelphia
today to participate in the argument
| before the Supreme court in the case
of the Commonwealth eX rel. John P.
| Elkin, attorney general. against James
| Moir. recorder of the city of Scranton
| in which the constitutionality of the
Ripper" act is to be tested.
Messrs. O'Brien, Burns and McDon~
aid represent the relator. The others.
| together with Richard NJ. Dale, the
well-known Philadelphia lawyer. are
| for the respondent.
The argument Is set down for tomor-
row morning. but as there are twenty
two cases preceding it on the list. there
| Is probability that it will not come
| UP till Thursday.
One of the first things the respondent
will strive for Is to have the court rule
| out all question of the standing OF
| Scranton as a secord-class city.
1t will be claimed by the respondent
| that in the arguments before the court
of first instance. the relator admitted
| that under the pleadings no question
could be raised as to the city of Scran-
| ton being in the second class. In the
argument prepared by the relator, one
of the main contentious is that Scran-
| ton was not a second class city when
James Moir was appointed recorder,
and consequently his commission was
| invalid.
The fact that the appeal comes up
on the demurrer to the RESPONDENTS
| answer and that all issues of fact are
eliminated when a proceeding is had on
demurrer, will be relied upon by the
| respondent to sweep this new conten-
| ton aside. Reference will be made by
| the respondent to a paragraph Of the
| original suggestion Of the attorney
general. in which is found the words
Scranton. being a. city OF the second
class" and to paragraph of the re-
spondent's answer declaring Scranton
| city Of the second class, which was
| not disputed then, and under the law
can not be made an issue now.
THE RECENT RULING.
1t will also be pointed out that the
| Lackawanna court. in a recent decision
| regarding liquor license fees. ruled that
| Scranton was a city of the second class
on March Z. In the respondents paper
! book, issued last Saturday, appears the
| following comment on the rear attacks
| which the relator makes on the rip
per-
This court must be quite familiar with the
| fact that when legislation is adopted which, IN
its passage. has aroused intense party fac
| tional feeling. it is not unusual for the de-
fcatcd party or faction to seek, by attacks upon
The coistitut onality Of the measure, to transfer
| the struggle from the senate to the forum.
| 1t is even, son.eomcs, attempted to keep alive
througl. this transition the heat engendered dur
| ing the parliamentary struggle. and to appeal,
| even in this august tribunal, TO the same feel
| ing, p,cjudiccs and passions which were easily
enlisted on the one side and the other during
| the earlier stages.
There are not wanting in the appellants argu.
| mcmr evidences of the operation of this tendency
! in the treatment of this case We simply allude
10 il al this time in order to dsclaim any
purpose to meet fire with fire. At the proper
time and in the propcr place, the advocates Of
this measure have had. and will still have, much
to say in its defense from the standpoint Of
the statesman and the puhlicist Suffice it now
to say that this is neither The place the tine
to; such defense.
In debate any epithet is often found to be a
stronger weapon than argument. The oppu.
| nents OF this measure seem to think that 10y
calling it "Thc Rnper Ril they have sut6.
nmbIic ond thn evo q, ,h, low. ..p;nnor" IN
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