The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-01

Recorder w. l.. Connell announced
yesterday afternoon that he has direct
ed Attorney Fl. c. Reynolds to appeal
from the decision of Judge Edwards In
the delinquent tax collector case. At
the same time G. w. Jenkins was in
the municipal building announcing to
his friends that he is still the tax COL
lector under the judges ruling.
The decision of the court in this case
was the one topic of conversation yes
terday among those interested in
municipal matters, and many and var
led were the interpretations given ex-
preston to, as to it's effect on existing
conditions.
BY many it is contended that the de-
cision implies that Mr.. Jenkins is tax
collector at the present time and en-
titled to compensation from April /,
last, up to the present time, despite the
fact that City Treasurer Robinson has
been acting as collector of delinquent
taxes since July s. If this is a proper
contention, 1t means that the city has
had two tax collectors for the last
seven months, both entitled to COM
pensation.
There are others who contend that
Mr.. jenkins ceased to be delinquent tax
collector on July s, when Recorder Con-
nell, exercising the power conferred on
him by the reorganization ordinance,
appointed the city treasurer to the
place. 1t is held that this appointment
effected, to all practical intents and
purposes, the removal of Jenkins and
that under the ruling of the court he
could not be entitled to compensation
after that date.
JENKINS CLAIM
Mr.. Jenkins, when seen yesterday af-
ternoon by Tribune reporter, stated
freely that he interprets the opinion to
mean that he is now delinquent tax col
lector.
II maintain" said he, that under
Judge Edwards ruling ] am now the
delinquent tax collector OF the city of
Scranton, and that the city treasurer
has no right under the law to exercise
the duties of that Office. The judge de-
cides that l was tax collector up to the
date on which sued, allowing me conf
pensation up to that time. If held the
Office legally on that date, I hold it
legally today, because nothing has
since transpired to relieve me from the
office. 1 have not been specifically re-
moved by the recorder and until / am,
I hold that 1 am still collector and en-
titled to compensation"
When asked if he intended to make q
demand for the delinquent tax records,
Mr.. jenkins replied that he had reached
no determination on this point and
would not until he has consulted with
his attorneys. Shortly after his ap-
pointment he made demand upon the
city treasurer for the books and the
latter official ignored it.
Recorder Connell stated that he had
directed II. C. Reynolds, who represent
ed the city's interests in the case be-
fore, to appeal the case to the Superior
court.
Il believe" said he, "that the decis-
ion of the local court will not stand the
test OF the higher courts, and l think
that it is proper that an appeal should
be taken. 1 don't believe that the city
should be called upon to pay Mr.. Jen-
kins except for one days services, and
for reasons of justice and right L have
directed that this appeal be taken"
Only four days more remain for the
taking of an appeal to the Superior
court in time to have it heard at the
next session. and it will be necessary
to have the paper books printed before
February II, so that the attorneys will
have to do some tall hustling. City
Solicitor Watson will be associated with
Mr.. Reynolds in the taking of the APP
peal.
EXCEPTIONS TO BE TAKEN.
Exceptions will be taken by the city
to a number OF the rulings of the court
but perhaps the most important point
that will be raised will be one which
was outlined in the case-stated and de-
veloped in the argument of the case,
but which is not considered in the opin-
ion.
Section 1 of Article V of the new
charter reads as follows: 1.-The col
lector of delinquent taxes shall be the
head of the department of delinquent
taxes, and all laws and ordinances in
force prior to the passage of this act,
relative to said Office and collection OF
DELINQUENT taxes, shall be and remain
in full force"
1t will be contended that this section
preserved the Act OF 1878. relative to
the selection of delinquent tax col
lector until such time as the "chaser"
was passed-June 20, 19O1-giving the
recorder the absolute power of appoint
ing this official. The Act of 1878 pro-
vided for the election of delinquent
tax collector by councils.
1t will be contended that this act was
in force in this city at the time of the
passage of the reorganization ordi-
nance in which provision was made for
the combining of the offices of city