Source:Allegheny-councils-1872-04-12
"Allegheny Councils: Regular monthly meeting last night—presentation of numerous petitions—the 'lock-up' question—the city expenditures for March—the monthly reports." Pittsburgh Daily Gazette, Apr. 12, 1872, [p. 4]. Newspapers.com 86350651.
Allegheny Councils held a regular meeting last evening in their Chambers, City Building.
SELECT COUNCIL.
| JAMES McBRIER | President. |
| D. Macferron | Clerk, pro tem. |
President McBrier called this branch to order at half past seven o'clock.
Present: Messrs. Beilstein, Cochran, Hilke, Huckestine, Kirkpatrick, Megraw, Moul, Omsler, Alexander Patterson, J. C. Patterson, Riddle, Schoyer, Smith, Stuart, Sweeny, Thompson, Wettach and President McBrier.
Mr. Schoyer moved that the reading of the minutes be dispensed with. Carried.
Petitions, &c.
Mr. Schoyer presented a remonstrance against the opening of Kerr street. Referred to Survey Committee.
Mr. Thompson, petition asking for the paving of Bailiff alley without sidewalks—which was under contract. Referred to Street Committee.
Mr. Wettach, a petition for grading of Canal street. Referred to Street Committee.
Also, petition from A. Weise to lay a switch and to build a small bridge from track of West Penn Railroad to subscriber's tannery. Referred to Street Committee.
Mr. Riddell, petition for grading and paving of Sherman avenue, from Montgomery avenue to Ohio street. Referred to Street Committee.
Mr. A. Patterson, petition for grading of an alley in the Sixth ward. Referred to Street Committee.
Mr. Cochran, petition for grading of Manhattan street. Referred to Street Committee.
Mr. Huckenstine, petition for refunding of amount of money paid for building a private sewer in the Third ward, which was used as a public sewer. Referred to Street Committee.
Also petition asking that shade trees be planted on Third ward square. Referred to Committee on City Property.
Mr. Moul, petition from P. F. Howley & Co. for payment of balance due for grading of River avenue. Referred to Finance Committee.
More Water Pipes.
Mr. Weltach presented the report of the Water Committee, with the following resolution:
Resolved, That the Superintendent of Water Works be instructed lay water pipe as follows: On Market street from Walnut to Taylor street; Page street from present terminus to Chartiers street; North avenue from Webster street westwardly about 200 feet.
Report received and resolution adopted.
Financial.
Mr. Riddell presented the report of the Controller, of which the following is a recapitulation of expenditures for last month:
| 1. Salaries | $ 2,111 79 |
| 3. Fire Department | 2,452 73 |
| 4. Printing | 599 22 |
| 5. Streets | 702 77 |
| 8. Police | 3,210 60 |
| 9. Contingent | 250 00 |
| 10. Water Works | 2,012 21 |
| 13. Gas | 247 27 |
| 16. City Property | 295 77 |
| 17. Health | 340 10 |
| $12,222 46 |
Report received and warrants ordered.
Mr. Riddle also presented the report of the Finance Committee, setting forth that they had considered the petition of property owners on Burke alley, in reference to the sewer there, and considered their complaint of excessive taxation, a just one. They therefore, reported a resolution authorizing a warrant for the payment of $72 to the contractor from the contingent fund, in order to relieve the people of this much of the assessment.
The Committee also reported a resolution authorizing the Controller to borrow $5,000 to meet current expenses.
Report received and resolutions adopted.
The Street Department.
Mr. J. C. Patterson from the Committee on Streets, presented their report accompanied by ordinances. The Committee reported that after a survey they had found that the railroad company had not encroached on East Ohio Street with their track.
The report was received and the ordinance disposed of as follows; Ordinance for the grading of Central street; passed finally. Ordinance for the grading and paving of Market street; passed finally. Ordinance for grading, paving and curbing of Adams street; passed finally. Ordinance for grading and paving of Carpenter's alley; passed finally. Ordinance for grading and paving of Hemp alley; passed finally. Ordinance for grading, paving and curbing of Union alley; passed finally. Ordinance for grading and paving of Middle street, Third ward; passed finally. Ordinance for grading and paving of Spring alley, without sidewalks; laid on table. Ordinance for sewer on Arch street, from North avenue to Jackson street; passed finally. Ordinance for construction of lateral sewer on Resaca street; passed finally. Ordinance for lateral sewer on Union alley; passed finally. Ordinance for lateral sewer on Lacock street, 185 feet east from School street; passed finally. Ordinance for constructinn [sic] of main sewer on Sandusky street; passed finally. Ordinance changing the names of Lake alley to Lake street and Western avenue, Ninth ward, to Preble avenue; passed finally. Ordinance for extension of Spruce street to the river; referred back to the committee. Ordinance appointing viewers to appraise damages to the property of John T. Simpson and wife, for relocation of sewer through their property; passed finally. Plans for Arch, Sandusky and Lacock streets and Union alley sewers; approved. Profile of grade of Vine alley and Knox street; approved. Profile of Fulton and Manhattan streets; adopted. Profile of streets and alley in Updike's plan, Third ward; approved. Report of viewers on widening of alley in rear of property of Mr. S. Drum, in the Second ward, with remonstrance against the same; both papers were referred back to the viewers. Ordinance for the grading and paving of Market street; passed finally. Report of viewers on opening of Western avenue, Ninth ward; laid over and filed in Engineer's office. Report of viewers on opening of Howard street; report confirmed.
The Old Song.
Mr. Huckenstine from the Committee on surveys reported in reference to Locust street, they had decided to recommend that the Report of Viewers on the street be set aside and the street opened to the width of sixty-six feet, to Beaver Avenue. Report received and the ordinances accompanying disposed of as follows: Ordinance for opening of Henry street, referred back to have blanks filled up.
Ordinance for opening of Locust street to a width of sixty-six feet, from Grant avenue to Beaver avenue.
The Chair decided this ordinance out of order, until the report of the viewers had been disposed of.
Then followed a lengthy discussion, including a repetition of the respective benefits of a "50 foot" and a "60 foot" street, which have engaged the attention of Councils at stated intervals for the past three or four years.
Mr. A. Patterson finally offered a resolution that the report of the viewers fixing the width of the street at 50 feet be adopted.
The yeas and nays were called with the following result:
Yeas—Beilstein, Hilke, Moul, Omsler, Alex. Patterson, Riddle, Schoyer, Sweeny, Thompson, Wettach, McBrier, President—11.
Nays—Cochran, Huckestine, Kirkpatrick, Megraw, J. C. Patterson, Stuart—6.
The resolution was according [sic] adopted.
The plan of lots in Means property was approved as presented by Survey Committee.
Report of viewers on Lombard street. Referred back to viewers.
The Library.
Mr. Thompson, from the Committee on City Property, reported a resolution authorizing the advertisement for proposals for the construction of a Police Station in the Ninth ward.
The committee also reported a resolution instructing the Engineer to prepare a plan for affording better accommodations for the Controller and City Engineer.
Mr. J. C. Patterson amended the first resolution so as to instruct the Committee to merely report a site and the cost of the same before the plan for the station house be made out.
The second resolution has [sic] referred back to the Committee with instruction to report such a plan to councils.
Mr. Kirkpatrick, an ordinance in reference to repaving streets where they were torn up for the putting down of water, gas pipes, &c. Referred to Street Committee.
The Lock-Up.
Mr. Megraw, from the Committee on Police, presented a report in reference to the communication of Alderman D. L. Smith. The Committee reported that having consulted the City Solicitor, they found that Aldermen had no right to commit their prisoners to the lock-up.
The opinion of the City Solicitor accompanied the report and was read.
Mr. McBrier thought if an alderman had no right to commit a man to the lock-up, it was a very curious provision of law, that ought to at once be remedied. An alderman was one of the conservators of the peace, and in common sense ought to have authority to detain persons in the lock-up prior to a hearing.
Mr. Megraw said that aldermen were not city officials, but were officers of the State and had no right over the lock-up. It had been built exclusively for the Mayor's business.
Mr. Schoyer read a section from the city charter in which it was provided that two Alderman [sic] should be elected in each ward. This he contended recognized them virtually as conservators of the peace for the city, and consequently as such having the privilege of the lockup for their business.
Mr. J. C. Patterson thought the City Solicitor wrong in his view. He thought it was preposterous that an alderman could not commit a man to the lock-up. Under that construction of the law, a ward constable might arrest a robber or any cut-throat, and then find that he must let him off for want of a lock-up to keep him in. If such was the law, Council should not adjourn their present session without taking the necessary steps to have it changed.
Mr. Megraw said the jail by law was open at all hours of the day and night. The rule of shutting it up at a certain hour was a regulation of the Warden and not the law.
After some further discussion the report was referred back to the Committee with instructions to report an ordinance giving Aldermen the right to commit persons to the lock-up at night.
Mr. Patterson called up an ordinance in reference to the opening of Palo Alto street, and asked that it be laid over for consideration at next meeting. Granted.
Mr. Alex. Patterson, a resolution for erection of gas lamp in Fifth ward. Carried.
Business from Common Council was taken up, and concurrences had in all matters not otherwise noted. Among the ordinances was one for changing the name of West and East Ohio street to Ohio street.
Mr. J. C. Patterson, Chairman of the Street Committee, stated that there was now no West Ohio street, as it had been added to Western avenue, making the avenue commence at Federal street and extend westward.
After some discussion over this "mixing up" of streets, on motion Western avenue was defined to commence at Sherman avenue and extend westward; and Ohio street commence at Sherman avenue and extend eastward. The ordinance was then adopted with this change.
Adjourned.
⸻
COMMON COUNCIL.
| ALFRED SLACK | President |
| ROBERT DILWORTH | Clerk |
At fifteen minutes to eight o'clock Common Council was called to order by President Slack. The roll being called, the following gentlemen responded to their names: Messrs. Altvater, Brown, Baldinger, Cooke, Drexler, Fisher, Grubbs, Gilleland, Hunker, Hastings, Jones, Knox, McNeill, McDonald, McRoberts, Rea, Rigby, Smith, Slack, Stedeford, Wettach and Walter.
The minutes of last regular and special meetings were read and approved.
Petitions and Resolutions
were called for, when the following were presented:
Mr. Hastings, petition for lamp-posts on Esplanade street. Referred to Committee on Gas.
Mr. Knox, petition for grading of Hill street. Committee on Surveys.
Mr. Knox, petition and ordinance for restoring the name of Ohio street, to what is now called East and West Ohio streets.
Mr. Walter moved that petition be received and ordinance be adopted.
Mr. Hunker moved they be referred to Committee on Streets.
Mr. Walter thought Council should take immediate action.
By common consent, the petition was waived, and on motion the ordinance was adopted finally.
Mr. Cooke, petition for water main on Rebecca street, from School street to Beaver avenue. Committee on Street.
Mr. McNeill, a requisition from the Park Commission on the Controller asking for $40,000, of the second issue, know [sic] as "Hill" Bonds, to be used for Park purposes. Requisition ordered.
Mr. Gilleland, petition from citizens of Manhattan street, Fifth ward, for water pipe on said street, from West Ohio street to Rebecca street.
Mr. Baldinger, petition for grading of Hamilton street. Committee on Streets.
Mr. Drexler, petition from Mrs. Ellen O'Brien, stating that a certain Mr. Sands had taken the small-pox while boarding at her house, and was afterwards removed to the hospital where he died. She asked for $27, for board due her at the time, and for bed clothing which had to be destroyed.
Mr. Walter stated there were similar communications accompanying the report of the Health Committee.
The Chair stated that this might be deferred, and all acted on together.
Mr. Drexler, petition for gas lamp on Refuge street. Committee on Gas.
Mr. Hastings, resolution for iron culverts on Western avenue, at the intersections of Allegheny avenue. Adopted.
Resolution from the same gentleman, forbidding the filling in at the intersections of Western and Allegheny avenues. Street Committee.
The same gentleman, an ordinance relating to trap-doors, hatch-ways and cellar-doors; requiring that the same be kept closed except when in use.
Mr. Hastings moved the adoption of the ordinance. Lost.
Mr. Rigby, ordinance authorizing the levy and collection of license from pawnbrokers of $150.
Mr. Hastings moved to amend, making the license $200.
The amendment was accepted, and the ordinance was passed finally.
Mr. Hunker, petition for sewer drops on sewer at the corner of Lacock street and Isabella court. Committee on streets.
Mr. Cooke, an ordinance relating to the inspection and measurement of hewed and round timber, and the marking and condemning of defective timber.
Ordinance passed finally under suspension of rules.
Mr. McNeill moved that the timber measurers be furnished with a printed copy of the ordinance. Carried.
Mr. Rea, resolution requiring the Street Committee to inquire when the charter of the Butcher's Run Plank Road would expire, and what the expense of extending the said road to the city line. Adopted.
By the same gentleman, resolution for placing plates containing names of all streets in the Seventh ward. Adopted.
Mr. McRoberts, resolution for repairing board walk on East Ohio street. Adopted.
Mr. Fisher, petition for changing market day from Friday to Thursday.
Mr. Hunker, resolution authorizing Street Commissioner to requre [sic] Pittsburgh and Allegheny Passenger Railway Company to repair culvert at Lacock and Corry streets. Adopted.
Mr. Cooke, a petition for the removal of old buildings on Franklin street. Adopted.
Same gentleman, resolution for changing location of gas lamps on Allegheny avenue. Adopted.
The same gentleman, a resolution for two gas lamps on Mulberry street. Referred to the Gas Committee.
Mr. Wettach, resolution permitting F. H. Eggers to erect an ornamental gas lamp on Mary street. Adopted.
Mr. Brown, resolution in relation to placing names of streets on corners of Western avenue and Pearl street. Adopted.
Mr. Hastings, resolution requiring the Pittsburgh and Allegheny Passenger Railway to have Ohio street put in proper condition. Adopted.
Mr. Knox, resolution for flag-stone crossings at Nixon street and Beaver avenue, in the Sixth ward. Street Committee.
Mr. Cooke, resolution for two gas lamps on Mulbery [sic] street. Adopted.
Health Officers.
Mr. Walter presented the report of the Health Committee. The committee report favorably upon the ordinance relating to health matters. The committee had under consideration several applications for reimbursements for articles destroyed or ordered to be destroyed by the former health officer, occasioned by small-pox patients. Believing that they had no right to pay the same without instructions from Councils, the parties were recommended to petition Councils directly.
From a statement submitted to the Committee by Comtroller [sic] Brown, it appears that the appropriation has been overdrawn, with several large bills to pay. In order to meet maturing bills, the committee recommend the transfer of $1,000 to their credit. In relation thereto the following resolution was adopted:
Resolved, That the Controller be and he is hereby authorized to transfer $1,000 to the appropriation of the Committee on Health.
Report received and resolution adopted.
The revised ordinance referring to Health affairs was taken up, on motion of Mr. Walter, who moved its adoption.
Mr. McNeill moved to amend by striking out section eighteen, which requires all persons, wishing to inter a deceased person, to apply to the Health officer for a permit.
Another member moved an amendment to the amendment, making the section to refer to cases only where persons died of epidemic diseases.
Both amendments were lost.
The motion recurred on the adoption of the ordinance on its first reading, which was carried.
Mr. Walter moved to suspend rules, and adopt finally.
The motion was lost, and the ordinance was laid over under the rules.
Powers ot [sic] the Health Committee.
The request of Mrs. O'Brien, for $27, to reimburse her for bed clothing destroyed, and board not paid, by the man who took small pox at her house and afterward died, was now called up for action by Mr. McNeill.
The President stated there were several other similar requests, which he read.
Mr. McNeill moved to refer the papers back to the Health Committee.
Mr. Walter stated that the Committee had no power to act, as at present constituted. If the revised ordinance were adopted, they would have power to take action on the bills, but not otherwise.
Mr. Rigby moved to amend, by instructing the Controller to pay the bills.
Mr. McNeill—These bills should be referred to a committee to see whether the bills were correct, and whether they should be paid. This is what committees are for, and they should not shirk their duty.
Mr. Rigby withdrew his amendment.
The question now recurred on the reference to the Health Committee of the papers and bills. Carried.
Market Receipts.
Mr. Knox, of the Market Committee, presented the following statement of receipts, from various sources, during the month of March:
| Duncan Dallas, clerk of markets | $ 608.70 |
| Geo. B. McNulty, Diamond scales | 154.88 |
| R. T. White, Second ward scales | 298.03 |
| Isaac Hipsley, Fourth ward scales | 17.29 |
| Total | $1,078.90 |
The report was received.
Mr. Hastings wished to know whether the Health Ordinance could be reconsidered, so that it might be adopted finally.
The Chair stated that it could not be done unless by common consent.
Several members objecting, the President passed on to the next order of business.
Business from Select Council
was now taken up, all of which was concurred in.
Mr. McNeil [sic], presented a resolution instructing the Street Committee to have a flag stone crossing placed on Sandusky street, at the intersection of Stockton avenue. Adopted.
The hour of ten having arrived, Council adjourned.