Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1905-11-02
CITY CHARTER.
Extracts From Campbell's Opin-
ion.


is, that many of the boroughs exceed
ten thousand of population and their
needs are the needs of the smaller cities.
The legislature has recognized this fact
and has conferred the same necessary
powers upon boroughs and third class
cities.
Under the act of 1851, boroughs are
expressly given the power of regulating
the management of fires, purchasing en-
gines and other material for extinguish
ing fires, and of establishing and pay
ing fire companies, and under the act of
1899. cities have the same power. The
power of one municipality is as broad as
that of the other.
As to sanitary measures, the powers
of the two municipalities are practically
identical. Boroughs. under the Act of
1851. have the power of making neces-
sary regulations for the public health
and of abating nuisances on the high
way or on public grounds. Cities have
the same power under the Act of 1889
Both municipalities can construct sewers
at the public expense. Assessments In
boroughs can be made on property
owners on streets for sewers construct
ed therein where a majority of the
property owners petition for the sewer.
In cities such assessments can be made
without petition. The Board of Health
act relating to borough is copy of the
act relating to cities. The officers of
the Board of Health in the two munich
palities are the same, and they have the
same duties, responsibilities, powers
and prerogatives.
Both cities and boroughs have full
power to appoint and compensate police
man. In boroughs council may act di-
rectly in the appointment, suspension
or dismissal of the police force, while IN
cities the mayor acts with consent OF
council. The city act of 1899 provides
| for the duties and powers Of policeman
| and the punishment for offenses by i'm
prisonm5nt. In 1897 similar act was
passed for boroughs.
Both municipalities have like power
to furnish light and water for muni
| cipal purposes and to the citizens for
compensation, and to condemn and pur-
chase under condemnation proceedings
electric light or water works owned by
| private corporation. There is a pro-
vision in the city charter that the right
/ of the city to furnish either of these
commodities shall be exclusive, but this
| must be understood as referring to
| cities where such works have not been
previously established by private COM
panies.
In both boroughs and cities an assessor
is elected in each ward who fixes valu-
alton for state and county purposes of
taxation and in boroughs his valuations
are the basis of borough and school as
sessments. In cities there is an addl-
| tional board of three assessors elected
| by the city, who make another assess
ment for city and school purposes. aud
| this board may appoint assistant asses
/ sors and may also employ clerks il au-
| thorized by councils. The form OF as
sessment required is more. elaborate
| than the county assessment and involves
/ considerable additional expense The
| compensation all these officers Is fixed
| by councils. Councils also elect another
board of five persons to act as board OF
revision of taxes on appeal from the
board of assessors
| Cities are authorized to collect while
boroughs are not, license fees upon the
| following occupations. the amount of
license not to exceed $4,000 each.
Contractors, druggists, produce or
merchandise vendors merchants, con-
fectioners. restaurants, billiard rooms.
furniture dealers, stationers. livery
stables, insurance agents, banks, brok-
ers, pawnbrokers, grocers, butchers
bowling alleys, lumber dealers, harness
dealers. jewellers, real estate agents, ex-
press companies, retail liquor dealers
pay $400. 90 annually for use Of the city
and $4,000 for use of the borough.
Upon becoming city we would drop
| the following borough officers: Secre-
i tary of council, treasurer of the school
| board, treasurer of the borough, three
| auditors and tax collector. We would
also acquire the following officers: City
| clerk, clerk of select council, clerk OF
common council. controller, city treas
| urer and his collectors of taxes, number
! not fixed, board of three assessors, as
sistant assessors, number not designat-
| ed, clerks to board of assessors, number
not designated, five members of board
of appeals from assessments Ii we
| should form a separate poor district, we
would also have director Of charities
and his clerks and assistants, number
not fixed. There are fifteen members
of council in the borough, each elected
for a term of three years In the city
there would also be fifteen members OF
council, the select council containing
| five and the common council ten mem-
bers. Members of council both in cities
and boroughs are unpaid. Members of
select council are elected for term of
four years; members of common council
for two years.
The most serious single question aris-
ing from the proposed change to a city
relates the care of the poor. Shall we
remain in the Butler County poor dis
trict or form district of our own? III
we become a separate district. we go
back to our old system Of outdoor relief
xwyff h 70 In md lys4-l
ment of paupers aggravated as it would
be now by our new, large and improvi-
dent foreign population, or we would
be compelled to establish poor farm
and house for ourselves.
The act under which the county poor
district was formed provides in Section
20: when any county embraces with
in its limits an incorporated city, such
city and the territory embraced within
it shall not be included in such poor dis
trict and such city shall not be in any
way affected by this law. but all the
other parts of such county shall in such
cases compose the poor district OF that
county"
The question involved has never been
decided by the courts and no one can
say certainly what the action of the
courts would be upon it. That the
question IS serious one l. CnlnK no
lawyer will deny Personally, | am Of
the opinion the court will hold that our
incorporation as a city will remove us
from the poor district.
Cities of the third class are authorized
and empowered by the act Of 1889 to
create department for the purpose of
administering charity and for the sup |
port of the poor, such department to
have the care, management, admins |
tration and supervision of the charities, |
almshouses, poor houses and the relief |
Of the poor of the city. to create any Of
fee necessary to the management of |
such department, and to levy an annual |
tax not exceeding ten mills on the dol |
lar for the support Of the department. !
By act of 1908, third class cities are
authorized TO purchase property for poor |
house purposes and to erect necessary |
buildings. We see, therefore, that the |
duty of maintaining their own poor is |
thrown upon all third class cities. If |
Butler should then become such a city. |
its duty TO care for its poor would arise |
under its charter, which would be in |
consistent with the theory that it re-
main in the county poor district.
l have no late list of the boroughs and |
cities of the state before me but the list |
existing at the time the last census, |