The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-26
| Office:
| BURKE
| BUILDING
JOINT SESSION OF
CITY COUNCILS


an Injunction Restraining Sale
of Bonds for Proposed Municipal
Water Plant.
Councils in join session last night
empowered Mayor Fitzpatrick to retain
Attorneys II. G. Butler, or this city,
and e.. Comegys, OF SCrahton, 10 alu
City Solicitor stuart In the detense or
the equity suit brought to obtain an
injunction restraining the sale OF
bonds for the proposed municipal
water plant.
Before the question was decided
however, there took place the warmest
session of councils in many months.
The request OF the mayor that ne
he allowed discretionary power In the
selection and employment of addltional
counsel, beside the city solicitor: that
he be allowed TO act alone In the mat
ter. without comforting with the city
solicitor or seeking his advice with re-
spect TO the attorneys that would be
secured, is what precipitatcd the
storm. Councils were divided on this
matter. and those who were not with
the mayor, as IL were, on his PROPOSE
ton took umbrage at the seeming
slight towards City Solicitor stuart
and expressed themselves somewhat
forCibly on this point. city solicitor
stuart himself keenly felt that he had
been ignored and in taking notice OF
this apparent fact, he expressed him-
self with a warmth of feeling that lett
no room for doubt as to how he re-
garded being left on the outside in the
matter of selecting tho counsel which
he would needs be associated with in
the defense of the suit against the city.
Mr. Stuart broke into the discussion
and termed the action of the mayor as
q lack of common courtesy and to en-
phasize his views he repeated several
times that It would he nothing more
than common courtesy 20 be given
voice in the selection of the additional
counsel, or at least be consulted with
reference to the matter which. he said,
was not the case.
The mayors message. which was
the cause OF the upheaVal of feeling
read:
Gentlemen; | have, this morning. been ser, ed
with an Injunction enoining the city from sell
ing the municipal water bonds which were ad'
Vertised to be sold on next Monday evening
and further cnoning the city from entering into
any contract Tor the erection Of its own water
works. This injunction is returnabe and will he
heard on Tuesday, July so, next.
have accordingly called you together in
Joint session 10 Law This matter before "ou in
order that the proper and necessary steps may
he at oncc taken 10 protect the city and the
peoples interests. The questions which this in
junction bring UP are of the gravcst importance,
going to the very foundations of municipal gov
eminent and ownership: or, 10 he vet plginer,
of arb a.
tions, and are It's natural resources, rights and
privileges to hc exploited for their benefit Or,
have elc citizens tho right to protect themselves
from corporate greed and carry municipal gov.
elnmcnt 10 its logical conclusion the greatest
good for tho greatest number.
A. mayor ~ this city. | am not prCn1rcd to
surrender our city into tho hands Of these poo.
pie, without the most determined struggle and
! believe the council, are ready and willing 10
stand by me in this fight 10 a finish.
a ! consider the future welfare of our city to
he also involved in this question. Municipal
ownership means pure water for every ono, the
gradual reduction of taxes and Contented and
thriving community. ON the other hand II the
Consolidated Water company and its kindred
corporations have the people of Carhondac tied
hand and foot. II they arc our masters, and
their most humble servants: II they can
sav do this and We must do it, pay this and We
must pay II, let us Know it. and that speedily;
2
aster to our city docs not cume to pass through
anv supneSs or neglect on our part
The plaintiffs in the Injunction proceedings
are represented hv Ave uf the leading lawyers
~ scranton. As tho executive head ~ this CITY,
! respectfully ask councils to give me discrc.
tionarv power 10 protect the city's interests
hr employing such additional counsel tn act with
TIE city solicitor. aS. in my Judgment | shall
Deem necessary: and take all other steps,
proper, towards defending against the said in.
Junction, Respectfully YOURS
John W, Fitzpatrick. Mavor
After brief preliminary discussion.
Acting city Clerk LOTUS read the
resolution by w II. Masters. which
directed the mayor to proceed to re-
tain what counsel he deemed fit.
There was no mention of City Solic-
itor Stuart in the resolution. which was
observed by Select Councilman Thomp-
son, after Chairman Fletcher placed
the measure before the house.
Mr.. Thompson assailed the resolution,
which he condemned for it's taking
away of the power from councils and
placing II in the hands of a single per-
son, the mayor. This he did not deem
wise nor eXpedient in matter of this
kind, where so much was at issue He
believed that the mayor ought to be
made one Of committee. but should
not he delegated with power as the
resolution carried with 1t.
Mr. Kennedy ConCurred in the iudg-
ment that the city solicitor and the
mayor. together, were the proper per-
sons to vest with this power.
Mr., Battle cut the discussion short
by offering an amendment, seconded by
Mr., Davis, that the city solicitor be
associated with the mayor in the Sc :
lection and employment of the addl-
tional counsel
. Mr. Mannion arose to suggest that
the amendment was out OF order, but
before he had hardly finished. City
Solicitor Stuart, who had been pacing
The floor from one chamber TO the
other, broke In with his expression of
opinion on the mayors suggestion,
which seemingly injured him
Mr.. Stuart went on TO say that IL
was nothing less than common cour-
tesy TO consult him, the head of the
law department of the city, the one
elected To look after the Citys interest
in that direction. with reference TO who
would be associated with him in the
preparation and conduct Of the city's
side In the Injunction proceedings. 1t
Is within the province of councils to
delegate the power which they had in
this matter but 1t seemed to him TO
be proper, to be at least consulted. Mr..
Stuart concluded his brief but earnest
and pointed talk with the opinion thai
Uss AIIan's Fool-sas, In Your Gloves