The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-18

partmcntal Objects, clerks and employees; the
thirteenth relates 10 the impeachment Of officers
Of the municipality; article II vests the lcgisld'
tive power of the city in select aud common
councils; article II deals with city contracts;
article, u with police magistrates; articles IL
aud Is will, official salaries aud bonds; article
~ defines At large the corporate powers Of the
city: article % undertakes to preserve in force
certain legislation in regard 10 cities OF the third
class in becoming cities of the second class; and
all this is followed at the close OF 4 schedule
regulating the transition from the system ~
city government now in force with regard to
cities Of thc second class tu that inJugurltcd
by the act itself.
ARE MUNICIPAL AFFAIRS.
ra,ing the act in this way as a whole how
il eau br said that the affairs with which Il
has TO deal are not municipal aud how is it pos
siblc. then, to argue that because it. establishes
system OF government differing from that which
prevails ia the other classes ot cities. 1t !, spc.
cidl aud local. aud therefore condemned hy the
constitution? Whether this system is Jpplopu-
ate or necessary for the class affected is not
a question with which We have anything to do
with, aud we are not to allow ourselves in this
connection to bc msled by what is said in some
OF the eases oh the subject Of necessity No
doubt classification must be based on necessity,
but by this no more is intended that that it
must not be forced unnatural
Nou can lcgislate for farmers mkccpcrs
merchants, doctors. OF bankers. because these
| are classes in this community which arise from
natural conditions and relations; and in the same
way YOU uan pas laws for cities and boroughs
and townships But all this il disposed OF with
regard 10 the important subject OF cities by the
@ nsidcrdtion which all the cases recognize that
difference in population Of itself affords ncCes.
str tor classification ss 10 matcis purely muni.
cipdl.
II is idle, then. in the face oi this to argue
HAT there arc no differences in conditions in
| Ptt,brg and Allegheny City or scranton which
call Tor e different system OF city officers and
government from those 10 bc found in Wilkes.
| Barre, Reading Harrisburg. The legislature
has thought otherwise, and we cannot review
their Judgment. That difference, 90 certain
extent in fact exist is manifest and they must
be met and provided tor; there can he hard
| aud last rule tor all: against this the case Of
Wheeler vs., Fhila.. :, Pa. 33S. raised an effect
| nal protest. To what extent aud in what dircc'
| ton this shalt be done is a question not tor the
courts, but ior the Lawmakers.
II may be conceded that the necessity for
| classification which has hccD adopted in any
given case il judicial question, but with 10
gard to cities in matters municipal il has
! aud for all been passed In the case just cited
| and the only question now open TO us with regard
TO amy city class legislation is whether the sub.
| iccts embraced in it are municipal II they arc
| it cannot he disturbed. however. peculiar dis
tinctivc. The power OF the legislature within thi,
| limit is absolute. They may give ono system
| TO one class and another to another, and il i.
| not for the courts TO inquire whether either il
adopted 10 the pcCuliaritcs Of condition to which
it is made To apply.
NR. Lyons POINT.
! But it l., said that article % OF the present
bin retains i'll force, as to cities oi tine third
| class advancing into the second class, all third
| class legislation not supplied 10y its provisions
| or ia conflict with them, with the result that
| as to ritsburg and Allegheny. which are al.
| ready IN the second class, have one set OF
| laws, and ~ TO scranton. which now comes into
| it, another aud mixed set, made up partly of
| second and partly Of third class legislation and
| that this, il nothing else, makes the act local
| and special.
Whether this criticism Of tho Article referred
| 10 is Justified we do not feel called upon 10 tie.
| tcrminc While it is no doubt worthy or serious
| consideration whether the apparent want ot uni.
| iormitv produced by it can he ultimately >us.
tanned even oonccding for the sake Of argu-
mcnt that it cannot, the eject claimed for IL
| upon the whole act by no means follows. This
| article is distinct in it, provisions and may
| we'll stand OF fIll 10y itself according to what
may be hereafter decided with regard 10 IT, It
clearly does not enter into the substantive lcgis-
| laton contained IN the other articles aud can
drop out oi the act without affecting them.
H. is = familiar doctrine that one part Of a
| statute may be invalid. and yet the rest Of II
| good; H. is only where YOU cannot lop of the
offending member without affecting the whole
body that the rule is Otherwise. and that position
| cannot be maintained here. The system cstJh.
| liShcd hN this statute Is harmonious and com.
plete without reference TO this alleged obuoNious
article. and the latter may he stricken ont with.
ont pclccptibc disturbance oi those which re-
mJju.
\, it stands ii is merely Al, attempt to crglait
ou to that system such pant, of hind class city
legislation not supplied by the act Itself. q, It
| seemed desirable To retain with respect 10 cities
advancing nom the third Ia the second class,
But the graft may iLll and yet the stock he
sound, and that is the effect in any event in
our Judgment here. TIE whole act is not tu he
| stricken down 10y what may hc found in congress
in this one supplemental and somewhat indefinite
| article, Whatever was sought 10 be covered or
accomplished by il, dS we have said. is not
essential 10 the general scheme OF the act. and
| This cncctually diSpuSc> oi the argument which
is attempted to be- built up upon it. The same
may be said Of other minor criticisms oI the
hill: ior instance, that with reference 10 tho
| thirteenth article, which provides tor the i'm.
rclcnncut Of municipal officers in citc, Of the
class mdcr consideration
No UNUSUAL Provision.
This /, ndccd no new or unusual pro, sion.
being taken bodily nom the Act ri luuc t. ISsj,
| L, l., 3S, relating 10 cities OF the fist class,
and serves We may say in passing, to this extent
Ia bring the two classes into conformity. The
| charge made against il, however, L. that il
/ ndcr axes 10 deal specially with the powers and
procedure Of the courts and so ofeuds against
that provision OF the constitution which pro-
| hibits any special law regulating thor iurisdC,
| tiuu or practice,
| ll,,t Al a al
ton here Al this may be true oi II without
| its following that The act a whole Is invalid.
AS has been Just said with reference to tho
twentieth article, IL deals with single and
special subject, TO wit, the method OF impeIch
| ing municipal officers in citics OF this class Int
| this is by no means essential TO the general
scheme established by the act a. q whole. cities
Of the third class have existed without any such
charter provision, and have been and will CON
tinuc to he satisfactorily goveIned-in a legal
sense at least--is well without II as with. lr
other words, il is not indispensable to com
pete system, aud however il may now appear
as a part OF that which is here set up, it may
drop out OF it ii necessary without pcrocptiblC
affect on that which remains.
Even less need dwell the somewhat
tihiug suggestion with regard 10 the provisions
found in the bill concerning policemen and fire
men. That they Shall not without their consent
be dismissed from their positions except as they
are removed upon due charges made and hearing
thereon, makes Tor their pernanence and indie
pendence, and is not only to bc sustained bui
highly commended These subordinate city ohi
cials, as is well known are often able TO cXer
else widespread political influence and are some
times employed TO do so by INSCRIPTIONS super
Tors holding the power Of removal over them
Anything, therefore, which tends 10 lessen the
pressure that can be brought upon them in thii
manner, by adding TO the stability OF their posi-
| tions, Il in the interest Of good government and
. | In IN, nnhnlh nnI Mhni l. rnnIn n niAr rnrncnn