Evening journal., 1918-10-25
TJT LEGALITY
( OF PAVING TAX
Councilman Robertson Says
Opinion Will Be Sought
From the Courts
$40, 900 ALREADY
FROM THE BILL

discussed the paving tax law under the
new abutting paving act. IL was said
that the Street and Sewer Department
had collected $4,000 under the act and
that the department has received an
opinion from City Solicitor Bayard to
the effeot that the money collected
should be turned over 10 that depart
ment.
This statement was made by James
w. Robertson. chairman Of the finance
committee. who said he thought the
city solicitor should give Council an
opinion as 10 who would be response
bic for the return OF the money in the
event OF the law being found uncon-
stitutional. Such an opinion will be
asked for by Council.
The action OF the Street and Sewer
Department In this matter Is evidently
displeasing to the Counclmen, who
failed to pass the ordinance introduced
a week ago granting that department
$4,000 toward the cost Of repaying Del
aware avenue. This subject, as well
as the other matter, was brought up
"Mr. President, when this Council
made up its budget il provided that
100000 should be placed In the mis-
cellaneous account which caused much
speculation on the part of certain peO-
pie. The old Board OF Health failed 10
award the garbage contract and this
was known by the committee and be-
tween the time that the budget was
La a I.A
the price increased. We allowed the
Health Board the old sum Of $4,000
for the work, knowing that II would
cost more 10 have the work done. This
sum has been allowed and that took
part Of the 100000.
Then the Council entered into an
agreement with Mr.. dupont 10 bear the
cost OF the street work on the south
side OF Delaware avenue, he to bear
the cost Of the north side work. For
mer Engineer Hopes stated that he
thought this work would cost s2s,OOO;
the Finance Committee allowed $4,000
but we do not propose TO allow II to
be used by the Wilmington and Phila-
delphia Traction Company TO make
their improvements"
Now the last Legislature passed an
abutting pavement act, which provided
that owners OF property here shall pay
a portion Of the street paving in front
Of their houses. This money has been
collected by the clerks in the oflce Of
the two tax collectors and amounts to
about $4,000 this year Now, l under
stand that the City Solicitor has given
an opinion that this money shall be
turned over 20 the Street and Sewer De !
partment As II has been stated that
certain individuals were planning 70.
test the constitutiOnality OF this act, the !
question arises who shall pay the
money providing It is paid to the Street
and Sewer Department and they spend
II, the Mayor and Council OF Whining /
ton. or the Street and Sewer Depart /
ment. In conclusion / want to say, ne I
added. that Council is willing for all /
departments 20 get what is coming to |
them, but we don't want 10 put our
heads in halter and then pay to have
10 withdrawn"
The motion was then made 10 have
the City Solicitor give an Opinian as
10 who would be responsible II the act
was declared illegal.
City Treasurer Banks reported the /
bank balances 10 be s732, ,709.3i and the
ordered paid. Council. S2g5.I9; miscel-
laneous. s2,9JO59; building commission,
s62O.92 and police, S7,53O.79.
The sum of $500 was allowed as in
terest money due on water bonds due
4.
Harry X. Hoch, who had been col
lecting back taxes for Eugene NJ. Sayers,
now deceased, sent a letter asking for
information as 10 who he should turn
over $500 collected by him. The letter
vas referred to the finance committee
Of Council.
Fire Chief Joseph Hyndman sub
mitted his monthly report, showing II
box alarms. three OF which were false
ones. The fire losses were estimated
at $3.50. Il was also stated in the re-
port that at the present time the
Friendship. Washington and WeccacOe
companies pumping engines were out
Of service, undergoing repairs.
Mr.. Johnson, OF the fire committee,
had introduced and read an ordinance
the fire companies Of this
city. This change was made at the re- =
quest Of the flremen and the ordinance !
after being read twice was referred TO :
The fire and printing committees. lt is =
NANRbHNu W AnNN n|N hAN etftAAAA NN'tN.@
printed as soon as the ordinance is
passed.
The ordinance passed last week in )
,reaslng the salaries Of the tax col
ectors' clerks. the city physician and :
he milk and oil inspectors was declar-
ID a law, having been approved by the >
Mayor.
The smoke nuisance complained OF by =
'esidents Of the Ninth ward was dis
'ussed when DR.. C. NJ. Almond, repre- !,
'enting interests which own houses in ),
hat section, protected against the
imoke and cinders. DR.. Almond stated :
hat the cinders washed from the roofs
n houses by the rain clogged the drain g
'ipes and in some cases the tenants
lad moved from the houses rather than
'ut up with the nuisance. 6
w. j. Leonard, OF No. 2i Buena Vista Il
treet, also sent a letter on the sbject e
which was read after one from the
raotion company had been received and o
lled The company's letter stated that 9
lrait regulators were TO be installed >
N the. company's power plant in the u
lelghborhood, and these it was thought 9
would remove the trouble. a
DIES or TUBERCULOSIS. "
Oliver Trlbhpt alafe NNaIfare q Nooro