The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-12
IT IS ALL Off NOW.
Attorney Burns Shows How Ripper
Is to Be Done to Death When He
Gets Before Supreme Court.

The argument to be delivered before
! the Supreme court against the Mue1l-
! brcn1er act, whel the appeal from the
! Archibald decision comes up for hear
J ing, April IS. has been given out for
publication. 1t was written by /. Fl.
Burns and represents Mr.. Burns at his
best. The argument is in ellucidation
OF the following points:
The act in question in this case is local
(a) Because it only applies TO three cities ot
| the state.
(b) Because the principal matters lcsislacd on
arc not proper subjects OF classified legislation
1t is special
(a) II legisates for the present governor alone.
th) It makes special law for recorders tor
tic next two years, different from the law ap.
plicable to those who are to follow.
ic) 1t is special as to time There is one gov.
eminent for two years and another thereafter.
There il more than subject in tho act lot
expressed in the title.
(nI The repeal 3f speeined portion of an act.
90 Tie repeal of all acts for the government
OF cities of the second class, except those pre-
served in terms in this act.
(c) The rc.cnactment and extending OF spcca.
laws to affect subjects other than those pre-
rio1sly affected by such laws without recitng
said laws in tull as required by tho constitution.
Scranton was not n city oi the second class at
The time respondent was appointed.
In disputing the adverse deductions
of the local court the appellant is made
to make a comment to the effect that
lit weakly attempted to shilk it's own
responsibility and shift it over to the
shoulders Of the lawmakers with a
lamentable lack OF that mental and
moral courage which has ever been one
of the chief characteristics of the
judiciary Of this commonwealth" This
comment was aren't the declaration of
the court that the legislature was the
judge of the necessity Of classification.
by which declaration it brushed aside
the contention of the appellant that
there We're no manifest peculiarities"
about Pittsburg, Allegheny and Scran-
ton that demanded a classification,
giving these cities recorders as chief
executives. while all other cities in the
state are allowed to continue to have
their municipal affairs administered by
IL mayor. If the legislature can vest
the powers of chief executive of Sec
ond class city in a recorder. it can
likewise vest In United States SEN
ator the powers OF chief executive Of a
flrst-class city, and in a third-class
city it might make the attorney gen.
eral the chief executive, the argument
goes on to recite.
A large part Of the. argument is de-
voted to the support OF the contention
that Scranton was not second-class
city when the respondent was appoint
ed recorder The governors certtica-
tion of the census. it is claimed, was
only preliminary step to the city's
dc
city offices to be filled until the first
Monday in April.
The city will elect the officers to
which it will become entitled and not
to which it has become entitled, is
pointed out as ii bit of the Act of 1895
which controls this matter.
1t is in the assault on the act, be-
cause of its n-Republicanism, that
Mr. Burns grows entertaining. Here
are a few excerpts:
King George ruled Boston by Substitute.
Governor Stone rules Scranton in the same way
II there is any difference in the degree ot liberty
afforded the two cities Boston certainly lad the
advantage, The king lacked the facilities OF the
long distance telephone.
Our Legislators have proved aithlcss, the heel
OF the HOSES is OH our Eocks, and the attention
OF our local court has been Htcntly liked on
the above and beyond, that it has been un
able TO see any OF its apparent defects.
Today this act stands without precedent. It
Is Q legislative monstrosity; the illegitimate is
snc OF the political boss aud the scarlet woman
OF The legislative halls ut Harrisburg, This
court may give it sen-respectability BY directing
that it be permanently inscribed the statute
book OF this commonwealth, but It can also cast
II out as traitorous attempt to prostitute the
powers OF government to the uses OF the political
partisan, the sure precursor OF the downfall OF
republics.
It's concluding sentence is a prayer:
I'VE trust this court will not permit
this act to associate with the respect
able statutes of Pennsylvania" JOS
eph O'Brien, NJ. J. Martin and |. II.
Burns subscribe to the interesting doc
ument