The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-05-13

It has hoon stated 50 often or late
that the intent of the legislature IN
passing the ripper bill was to give
the recorder the power of veto that
q Tribune man sought out Senator j.
c. Vaughan last night for the purpose
OF getting his vicws on the subject
"Nhcn the ripper bill was first in
troduced," said the senator, II noticed
that there was no provision for n veto
and l called the attention Of some OF
the leaders to the fact. A general dis
cussion followed and It was learned
that the person who framed the ordin-
ancc had omitted the section giving
the executive the veto power
II suggested that the bill he
amended SO far as to include a provi-
sion for O. veto, but I was not listened
10. Those behind the bill did not want
it amended and it went throuh with
cut being changed in this respect. I
can't see how it can be figured out that
the legislature intended including q
veto provision for every member who
voted for the bill did so with his eyes
open.
livery member knew that there was
the fact was not discussed either in
committee or on the floor. No section
of the bin as it stands now can be
construed in any way to mean that
the recorder is given the veto power
over any ordinance except general
or special appropriation ordinances. If
it is so construed it will be by a very
weird and wonderful piece Of reasoning.
TO INTRODUCE CHASER.
"rhere is, however, a chaser to the
rirrer bill which is ready to be intro
duced in case the latter is declared
by the supreme court to he constitu-
tonal. This will give the recorder the
veto power and will provide a means
for passing ordinances and resolutions
Over his head. The chaser will also
provide for the election OF coun-
cilmen-at- large. This will undoubt-
edly be introduced If the ripper bill is
declared constitutional, but I don't
think the chances of passing it are
very bright"
The senator said that the prevailing
sentiment during the past few days
in Harrisburg has been that the ripper
would be declared unconstitutional.
In order to be prepared for such a
contingency, he is preparing an act
to fill some of the gaps in the old sec
ond class city general laws which in
the case of Pittsburg and Allegheny
are filled by special acts applicable
Only to those two cities
Former City Solicitor a. A. Eosburg,
when asked by Tribune reporter
~, l., ,i,,ir hn ..it
corder has the power to veto ordn-
ances. under the ripper bill, replied
by calling attention to the fact that the
only provision in this bill relating to
the veto power is Article I, Section 9,
which relates to the approval or disap-
proval of appropriation ordinances or
items thereof.
NO EMPRESS AUTHORITY.
"Manifastly," said he. "the Muel-
bronner bill confers no express author
ity upon the executive officer of the
city, to veto any ordinance or resolu-
tion which may be passed by the
councils, and l fail to see any provi-
sion which confers such power upon
him by necessary implication. From
my knowledge of the history of this
legislation ! am of the opinion that
this omission was intentional and not
accidental.'
Mr.. Nosburg said that the Act of 1874
conferred veto power upon the mayor.
but that that provision seemed to be
fully covered by the repeating clause
Of the ripper bill
'lt is not essential said he, "to the
validity of this act that there should
be any power of veto conferred upon
the recorder. The Legislative branch is
essentially the law making power, and
the veto power has only been conferred
upon the executive branch of the gov
ernment. as Il check upon unwise legis-
lution. This power of veto, in national
concerns, was not originally intended
to be as frequently used as ii after
wards came to be,
"Chancellor Kent. in his Commen-
tarieS, y. 2SS, says: This qualified
negative of the President has in the
progress of the administration of the
government, since the first publication
of these Commentaries in 1896. become
a very grave power. and applied under
the ordinary name of veto with a ia
miliarity which appears to have been
anticipated by the generation which
adopted the constitution
Whether it is wise or otherwise tn
take away from the city recorder the
power to approve or veto legislation
PASSED by the city councils is II matter
entirely for the Legislature 10 deter
mine, and as il is not conferred upon
the chief executive by this bill, il does
not exist and. in my opinion, all ordin-
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