The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-11

It is probable that the hearing in the
quo warranto proceedings brought by
ex-senator NJ. II. Mcdonald to test
the constitutionality' Of the ripper"
will take place next Thursday. I'm
der the law, ten days are required to
elapse between the granting of the
writ and the hearing thereon, but
when urgent matters of public policy
are at issue, the court can. with the
agreement of the parties, advance the
case.
When the writ was issued Saturday
by Judge Archibald the hearing was
fixed for March 10. The attorneys,
however, have informally conferred
on the proposition to advance the case
one week, and have practically agreed
TO ask court today to set the hearing
for next Thursday.
The petition of Senator Mcdonald
which became the attorney generals
suggestion when presented to court
reads as follows:
And now, March D \. D.. 1901, the attorney
general of the commonwealth of Pennsylvania
| comes into court and gives the court to under
stand and he informed us follows:
|. That NJ l.. Mcdonald citizen and
| himself and sundry other citizens OF said city
| appeared before the attorney general and rep
resented that on the 9Th day of March, A. d.
| 1901 an act entitled "An act for tks-goyern
| ment Of cities of the second class vas ap.
| proved and is the law regulating the gov.
crnmen OF said cities, unless said act is declared
| imperative and unconstitutional.
MAYORS OFFICE ABOLISHED.
o Further AT tho rehr,iorv elections bcld in
scranton in 1899 one James Moir was elected
TO the othce OF mayor OF said city for the full
term of three years, which term began on the
hrst Monday IN April, 1879, ami would not eH.
pre- until the first Monday OF April. 1902. there
fore James Moir had more than year OF his I'M
expired term to serve in the Office of mayor to
Wihch ne was elected by the people, but the
aforesaid act OF March I. 1901, in express terms
abolished the office of mayor in cities OF the see
ond class. and provided for the appointment ot a
city recorder. who. when so appointed under the
terms OF said act and who in addition TO his
other powers is authorized to perform all the
dutl"s heretofore performed by the mayor ot
said city.
3. Further, that upon the approval Of said act,
thc governor holding that the office OF mayor
was abolished thereby. proceeded to remove by
appointing James Moir city recorder Tor the
'lF OF scranton. being city of the second
der the provisions of said act and that the
sad James Noir, having filed bond and taken
oath Of office. now claims TO exercise the rights.
franchises, privileges, aud TO receive tho cmol.
umcntS Of the office of city recorder of the
city Of Scranton under the act Of Mach :, 1901,
and all other acts applicable thereto.
1. Furth"r the petitioner makes complaint
as citizens and taxpayers OF said city, they are
interested in having stable and legal form of
municipal government aud that they deny the
IN d,,,,i,n M ~, 'sn'" =, ,"1'[ "a" "","
from exercising the d,tics and rccoi,in, Tho
cmohmcntS of the office dIrin,, tho form, for
which he was elected and iG tho lcoislaturr ,Iid
not have the right TO do so. tho aboIi.hinc ~
the office of MAYOR. tho creation of ,hc now
office OF city recorder and the annointmapt NJ
the chief executive of6ccr Of said city undor
the provisions of said law will entail rrcat OK
pcrsc mon the citizens and tayp,ycr. -, said
citv and disturb tbc pc,cc and good ordc- oC
the community by undertaking ia install , now
mrnicpal government resting unon do,,hti,,l or
no constitutional autboritv
DENY LEGISLATURES RIGHTS
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