Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-08-24
QUESTION OF RIGHTS
BROUGHT UP BY FIGHT
Duties and Powers of Controllers
Placed at Issue by Cambria
County Broil

Johnstown, Pa, Aug. z4.-Cambria
county's courthouse fight has landed
in the State Supreme Court in such
shape that the duties and powers of
controllers of all counties of 10000
population, and perhaps of all other
controllers, are at issue. Justice
Frazer, of the Supreme Court, has
granted George NJ. Wertz, controller
of Cambria, a supersedeas in his APP
peal from a decree of peremptory
nandamus issued by Judges Stephens
and O'Connor. so that the chief official
opponent of the courthouse scheme
will not have to advertise Immediately
for bids, and the law in the case will !
be determined by the Supreme Court
at the Pittsburgh session during the
last week of september, one week
after the Fall primaries.
Justice Frazer in granting the su-
persedeas, says there can be no harm
in the delay, especially as the Cambria |
courts have had more than a year to
act, and he states that the questions
involved are new and have never been
passed upon by either of the appellate |
courts. This makes the case OF inter- |
est in every county that has con-
troller or that may in the future be
entitled to one.
Refuses to Advertise
Controller Wertz, in refusing to ad- |
Vertise for many reasons, relied upon
the section of the controller act of
1895 which says he shall advertise III
he approve the purpose" The logic |
of the Cambria court, embodied in the |
mandamus writ issued without notice |
to the controller, and without hearing |
him, is that because several grand |
juries recommended sundry court |
house improvements, including limo
leum floors for juryrooms, better toilet |
fn nni1 I'D
the lobby, additional lights and filing |
cases and vaults. the commissioners
have discretion only as to the extent |
and character of the improvements
and must proceed to improve. The
commissioners hired J. Riley Gordon,
New York architect, on per cent.
contract; adopted Il resolution 'appro-
priating 100000 which is not in the
treasury or otherwise provided for"
and then adopted and approved Cor
don's plans for three semicircular
wings to be added to the present
courthouse, which is brick and twenty
five years old. An advisory board"
appointed by the court also approved
the plans, as did the court. No pre-
limlnary estimate of cost has even
been given out. The county now
owes about 100000, although the
tax rate was recently raised on a |
trebled valuation, and the order on
whole three-wing job and on each of
the three proposed wings separately |
The specifications are on base bids
with innumerable alternates and sub
stitutions, so that while contractors
say the work may possibly be done
for SSOO,000 on the cheapest speci-
hcations there are wide possibilities
Tor expenditures ranging all the way
from 100000 to $2,000,00O.
The contention of the commission
ers, advisers and judges is that it is
impossible to tell what the additions"
are to cost until the bids are opened.
They attempted to force the opening
of bids before the primaries in order
to Kill the political effect of charges
by some candidates that the plans and
specifications are too vague and that
the taxpayers are entitled to know
more more. before a contract is let The con-
troller is fighting to save his dis
crctionary powers and claiming that il
they are wiped out by judicial inter-
probation of the law the office of con-
troller. paying $4,000 year. will be
almost useless to the people.
Candidates in Fight
As to the courthouse needs, the
Cambria Grange and the Johnstown
Chamber of Commerce appointed
strong committees, which admit, as the
controller does, that some improve
ments are necessary, but unite in con-
ueHlnlnS the Gofdon plans and speci- |
ficattons as vague, indefinite and ex-
travagant. Some want slight renairs
and improvements now and an entirely
new courthouse later. Some insist
that new courthouse is needed now
and that the Gordon plans suggest
building barrel around the bung-
mole. The issue is reviving the
clamor for new county, Ebensburg.
the county seat, being eighteen miles
away from Johnstown, the center of a
population of 100000 and the source
of most Of the courthouse business.
Al candidates for county offices. par
ticularly for controller and county
commissioner, are being dragged into
the fight.
The supersedeas granted by Justice
Frazer has been hailed as big victory
Tor the controller and Mr.. Wertz is |
receiving many injuries from cor
trollers in other counties concerning
the status of the fight.