Evening journal., 1921-08-09
NOW DECLARE
NCINERATOR
NOT REFUSED
CONTINUED From First Page.)

on the ground that the contract with
the Nye concern is made with the
Mayor and Council, and that ma
jority of the latter body were not
consulted and did not approve the
decision of the conference.
1t is also pointed out that the de-
cision is a'reversal OF the stand
taken by Council at it's last meeting,
when by unanimous vote that body
adopted a motion offered by Coun-
Gilman McManus to have the opera
ton of the incinerator begin yester-
day and asking the residents Of the
city to wrap their garbage so that
the plant could be thoroughly tested
as TO its ultimate capacity.
The decision of the conference,
reached after Il had been agreed
that the plant did not measure up 20
contract requirements was tele-
graphed the Nye concern by the City
Solicitor.
The contact with the Nye concern
entered into by the last City Coun-
Gil in March, 1920, specifies that the
plant shall burn 40 to so tons OF
regular city run garbage, refuse and
dead animals per day.
A report covering the operation
Of the new plant on July 25 26, 27
and 2S was submitted to Council by
the Board OF Health last Thursday
and showed that 21 y tons Of coal
were required to dispose of rs tons
of garbage. A section of the con-
tract specifies that the per ton cost
Of destroying the garbage shall be
85 cents. II is largely on this sec
ton that the city authorities base
their decision. rejecting the plant
Mayor Harvey said this morning
that he favored the action taken by
City Solicitor Satterthwaite, in re-
jecting the incinerating plant, as ad-
vocated by the mayor last Thurs
day when he urged City Council to
refuse to accept the plant and let
1.-THE Nye Company sue the city, but
he wished it understood that he had
not called the conference. He re-
fused to further discuss the situation
and declined to state whether or moi
the city solicitor had been author.
lied by the conference to reject the
plant.
City Solicitor Satterthwaite coult
not be seen this morning as he il
out of the city.
James b. McManus, chairman o.
the finance committee of City Coun-
ell, said that he had called the con
ference "in an effort to have th'
Board Of Health cooperate in test
ing the plant as an incinerator."
When asked whether the confer
I arafI..,-taaI -
the plant. Mr.. McManus stated tha
under the circumstances he though
it better that he should not discus
that question at this time as tn
mater win come before City Coun
ell at its next session and the re
sponsibility for yesterdays actor
placed where It belongs.
Others present yesterday, who re
fuse to be quoted, declared thi
, morning that II was not their un
derstanding that the conference IA
vored rejecting the plant, but tina
a request should be made of the Ny
people to send some one here &
help straighten out the present dis
: cussion by supervising the test o
! the plant as proposed by City Coun
l Gil Thursday night
One member Of Council declare
. this morning that the action Of yes
terday was not in accordance wit
the wishes OF City Council and tina
there is now a strong probability o
/, the passage by City Council o
I Thursday night Of an appropriate
Of S45,O00 for the Nye company.
City Council, said this membe
has received an opinion from tn
q city solicitor that Council need nc
s consider the Board OF Health in tn
= matter. and may pay the bill re
: / gardless OF the approval or disap
q proval Of the Board OF Health.
The legality OF yesterdays actio
! is strongly questioned by member
/ of Council, who declared this morn
: ing that no committee of Counc
, had the authority. to accept OF re
, ject the plans. The only authorit
\ ever conferred on any committe,
stated this member, was that au
thorized by Council on April 1S. des
1 ignating Councilmen Abrahams an
Forwood a committee to "supervis
the construction Of the incineratin
plant" Neither of these men wa
d present yesterday. and IL they ha
= been there is doubt in the minds {
i some as to their authority to rejeC
e the plant without first referring tn
T matter TO City Council.
p II. r. Adele, Of Johnstown, Pa
n representing the Nye Odoriess Gre
I