REPORT ON ALLEGHENY PORTAGE.

From foot of inclined plane No. 5 to No. 528, 1100 poles. The line crosses the Conemaugh at the beginning of this section and re-crosses within 85 poles of its termi$96,499 33 nation. The first crossing is rendered necessary by the

122

particular direction which an inclined plane at the big bend must necessarily take, The second crossing avoids a long stretch of very difficult ground, on the south side of the Conemaugh.

At several points on this section, the line is traced on
The remainder
bold ground falling steep to the river.
of the section presents only ordinary difficulties.
The graduation for the first 406 poles of this section
is 41-1000 per 10 feet. For the remainder of the sec-
tion an uniform graduation of 48-1000ths per 10 feet
will be the most eligible.
Grubbing and clearing,

Roadway formation 1st 431 poles to station 470.
Bridge across Conemaugh 180 feet
long,

3400 c. yds embankment at 12 cents,
18,946 do excavation at 10 cents,
Forming 73 poles of roadway at $2,
5946 cubic yds loose rock excavation
at 20 cents,

6 drains at 40 dollars,

146 00

$1,250 00

1,107 12

606 48

007 20

2,500 60

408 00

2 culverts at 200 each, and 4 at 120 dollars,
9 drains at 40 dollars each,

880 00

360 00

1,894 60

1,199 20

38,611 12

240 00

From station 470 to end of section. 10,041 c. yds excavation at 8 cents, 35,014 do do at 10 cents, 8,394 cubic yards rock excavation, principally loose at 25 cents,

From No. 528 to No. 605, 989 Poles.

PROCEEDINGS OF COUNCILS.
Thursday Evening, Feb. 11th.

A letter was received from the City Commissioners, with a statement of their accounts for the past year.The statement was ordered to be printed.

In this section the line of the rail road crosses the Con emaugh three times, once at a point peculiarly favorable, 154 poles from the point of commencement, a second time at station 563, three hundred and eight poles farther; and again within one hundred and fifty poles of the end of the section. The line by these crossings A letter was received from the Secretary of the is placed on the best ground which the valley of the Board of Guardians, stating that in consequence of the Conemaugh affords, and is much more direct than a line on either side of the river would be. This is, neverthe-resignation of Thomas Earp and Matthew L. Bevan, two less, more circuitous than any other portion of the rail vacancies had occurred in that body.

road.

The following was received from the City Solicitor.
To the Select and Common Councils of Philadelphia:
Gentlemen-I respectfully lay before you a brief

The difficulties in the roadway formation of this section, consist principally in the bridges and embankments at the crossing points, the removal of loose rock on dif-statement of the duties required of the Attorney and Soferent parts of the section, and some cutting between licitor of the Corporation and of the emoluments attachthe first and second crossings of the river in diminishing the convexity of a part of the line.

On the 27th February, 1801, an ordinance was pass ed "providing for the appointment of an Attorney and Solicitor for the Corporation of the City of Philadelphia," and an annual salary of five hundred dollars, was allow ed, payable quarterly.

On the 28th Dec. 1815, this ordinance was repealed. On the 10th April, 1817, the present ordinance was passed, which instead of a salary, directs the exhibition of the Solicitor's accounts quarterly to the City Commissioners "for professional services rendered during the quarter, which shall be acted upon as other accounts are by ordinance directed to be acted upon." The duties required by this ordinance of the Solicitor, are

1st. To draft all bonds, obligations, contracts, leases, conveyances, and assurances which may be required of him by any ordinance between the Corporation and any person or persons contracting with them, and which by law or usage they are to be at the expense of so drawing.

2. To commence and prosecute all suits and actions brought by the said Corporation, and to defend all actions brought against them, or any officer of the Corpo

1830.]

PROCEEDINGS OF COUNCILS.

ration where or whereby any of the estates, rights, privileges, ordinances, or acts of the Corporation, or any branch thereof, may be brought in question in any court in this commonwealth.

3d. To do every professional act incident to the office or which may be required of him.

1st. By the Mayor.

2d. By any Committee of the Select or Common Councils.

3d. By any ordinance or resolution of Councils, or ei ther of them.

And 4thly. When required he shall furnish "Councils and the Mayor with his opinions on any subject which may be submitted to him.'

This ordinance is more extensive than that of 1801, which did not give committees of Councils authority to require the services of the Solicitor, and in fact binds him to render every legal service which the Corporation can possibly demand.

The business of the city has increased greatly since 1820, and nearly trebled itself since 1800.

In 1862, the whole expenditnre of the City was under...

.$100,000
41,220
...63,802
In 1830, the population is........
...90,000
And in 1829, the expenditure was nearly.....$331,000
The contracts, suits, &c. of the corporation have in-
creased with expenditure and population and must con-
tinue so to do.

In 1800, the population was but..
In 1820, it was

123

sions which must be subjected to a legal decision.— When the whole is recovered, legal advice will be ne cessary in organizing a plan to carry the beneficent intentions of the testator into effect and contracts & disputes must arise from the management of so large a charity.

The Solicitor renders all these services, and I would respectfully suggest to Councils the propriety of directing that the legal and other charges should be paid out of the respective trust funds & not out of the general corperate funds,for as a Trustee the city is entitled to be reimbursed all expenses attending the execution of the Trust.

The whole amount of legal fees paid by the

city from 1820 to 1829 both inclusive was $11,895 55 The average for those ten years was

1,189 55

The Solicitor by ordinance ought to be engaged in all legal matters relating to the Corporation, and yet it appears by the accounts, that of upwards of 4000 dollars paid by the Watering Committee in a period of 9 years this officer received but 425 dollars.

The undersigned would also respectfully suggest to Councils the propriety of passing an ordinance, authorizing the Mayor to cause the city seal to be affixed to all contracts, leases, &c. to which the city is necessarily a party. The present method of executing by committees, &c. without the seal being affixed is irregular and defective.

The Watering Committee alone afford as much busi- I have communicated the foregoing views to Charles ness as the whole city did in 1800, and in some years as Massey, Esq. the Chairman of the Committee on the appears by the accounts, greatly exceed it. This com- subject, and have thought it proper to lay the same bemittee has under its charge the receipt of nearly sixtyfore Councils, in a more forinal shape. thousand dollars of water rents, the management and I am, gentlemen, with great respect, your obedient improvement of the Fair Mount estate and works, their servant, preservation from open and secret attack, the contract Februay 11, 1830. in existence with Spring Garden, the Northern Liberties, Southwark, and now with private individuals, and the formation of other contracts with other corporations and other individuals.

The requisitions by other committees are frequent, particularly at this period, when the progress of the works of the State, makes the city property a matter of deep interest to Councils and their constituents. Councils and Mayor frequently require legal advice, and the suits in which the city is necessarily engaged are not few in number, and often important in principle or amount. The ordinary business has increased by a salutary practice adopted last year of entering up judgments on all bonds, which had warrants of Attorney attached to them. These judgments to secure nearly the whole of the City revenue, being entered on the bonds of the Water Rent and Tax Collectors.

JOHN M. READ.

Mr. Price presented the following communication:To the Select and Common Councils of Philadelphia. Having invented a substitute for natural springs, which may be located in any place required, I respectfully propose the construction of one in each of the public squares of Philadelphia, and the State House Yard,

The advantages of my artificial Fountain combine all those of natural springs, in imparting to the water an equally salubrious temperature in all seasons of the year, and also the superior quality of purity from the mineral solutions generally found in the waters of wells and springs.

The method of constructing the proposed fountains, is as follows:-a subterranean reservoir of hewn stone is to be placed between twenty and forty feet below the surface of the ground, to be filled with broken stones, The city also acts as Trustee in several instances, and either granite, quartz, or sand stones, and equally secuthe Solicitor is bound to render professional services rel-red at the top as at the bottom, having small silver tubes ative to the respective trusts.

They are Trustees,

to conduct the water into the cistern and back to the surface again, to be governed by a key.

1st. Of Franklin's Legacy. This legacy has a nomi- The water is to be first filtered, the modes of doing nal amount to its credit of upwards of 20,000 dollars, which are so numerous and well known, that a descripbut less than one half is good, and this must be speedi- tion of them is unnecessary. I would, however, propose ly ascertained by proceeding to collect, entering judg-one improvement, which is, to let the water be discharments and issuing executions. A resolution of the last ged upwards, so as to fall upon stones surrounding the Councils directed a committee to confer with the So-tube. icitor on this subject.

If the artificial spring should be decided to be a valuThe new rules obliging the Treasurer to enter the able invention, after a fair experiment, it is my intention judgments immediately; necessarily cause business, for to secure a patent for it. I am willing, therefore, to suwhenever a default is made, execution must issue to en-perintend the construction of one for a trial, on such force payment. terms as the City Councils shall consider just and proper, after its completion. JESSE TORREY, Jr. Germantown, Feb. 4th, 1830. P.S. The temperature of the water may be graduated to any degree that may be judged most favourable to health, by placing the reservoir higher or lower. In populous towns such fountains will probably eradicate the deleteriousness of using ice water for drink, and in

2d. Of Scott's Legacy. This legacy is liable to the last observation. 3d. Of Will's Legacy. This legacy is upwards of 100,000 dollars. There is a verdict subject to the opin ion of the Supreme Court. Every thing is prepared for the arguments of this cause, and it is expected to be determined at the ensuing March Term; after this is decided there is still a dispute about the amount of commis

To the Select and Common Councils of Philadelphia. The undersigned petitioners, owners, and occupiers of property, and other Citizens in and near Mulberry street, to the westward of Broad street, beg leave to represent,

All which is respectfully submitted by yours &c. SAMUEL HAINS, Recording Surveyor. The following petition was referred to Messrs. Walmsley, Rawle, Duane and Neff.

To the Select and Common Councils of the city of Phila delphia.

The Subscriber respectfully represents

of two hundred and sixty dollars of Franklin's Legacy, That in August last, a son of his had obtained a loan to obtain which the subscriber has entered into the usual sureties in conjunction with another, for the pay ment of the same with interest, &c. Owing to whcih there is a judgment against all his Real Estates. Hav. ing recently disposed of a house and lot in Perry street, he respectfully requests that Councils, may release said house from the said judgment so as to enable him to make a title to the purchaser, for which he will ever pray, &c.

ENOCH THORN.

That Mulberry street to the westward of Broad street, was filled up and regulated from Broad street to Schuylkill Front street and a culvert built in Mulberry street in the year 1826. That your petitioners expected this street was regulated and the culvert built and footways filled up preparatory to having it paved the succeeding year. That your petitioners have been much disappointed that the street has been overlooked Mr. Price presented a petition from sundry retailers or put off being paved, particularly as they find many of shoes, praying that the western moiety of the eaves streets in the southern district of the city paved within on the north side of the market house, between 6th the last two or three years that unquestionably seem in and 7th streets, may be set apart as a stand for the retheir opinion not to require it in preference to Mulber-tailers of shoes, stockings, and other domestic manury street.

They beg leave to state further that until this street is paved, builders and others do not feel disposed to improve in this direction, whereas if the street was paved it would be an inducement to build houses, thereby creating a permanent revenue to the city which will probably repay the expenses of the paving in a few years.

They would further state that they have been prevented for many years doing any thing with these lots in consequence of the street lying to low. The water lay on many of these lots the whole year, and there was no way of getting it drained off until the culvert was built in the year 1826, thereby preventing them from making use of their property in any way whatever and it was a bill of costs incessantly upon them. They therefore pray Councils will order the street to be paved the present year or as far as Schuylkill Fifth street, and from Mulberry to Race, so as to accommodate those valuable establishments, The Widow's Assylum and the Orphan's Asylum.'

Mr. Keyser presented a memorial from the Hibernia Fire Company, praying that the curb stone in front of their engine house may be lowered, so as to admit of the egress and ingress of their apparatus without injury. Referred to the Paving Committee, with power to

act.

A petition for paving Cherry street. between 10th and 11th streets, presented by Mr. Price, was referred to the Paving committee.

The following communication from the City Surveyor, presented by Mr. Troth, was referred to the Paving Committee.

To the Select and Common Council of the City of Philadel. phia.

Gentlemen-in pursuance of a Resolution of Councils passed January 28th 1830. I now lay before you a plan of that part of the city lying between Schuylkill Front street and the river Schuylkill. Shewing the public streets and alleys already laid out and opened. Also such as in my opinion would promote the public convenience, by being further laid out, and opened. Of the latter description are the following viz:

Bank street-From 94 feet north of Lombard to Pine street,

Willow street-From Spruce to Locust street.
Beach street-From George to Filbert street.
High street-To be widened about twenty feet on
each side from Ashton street to the river.

Ashton street-To be straightened on the west side from Sassafras street, 138 feet southward so as to conform to the west line of the said street from thence southward.

Feb. 11, 1830.

factures. Referred to Market Committee.

The following petition from sundry persons residing in the neighborhood of Rittenhouse Square, was presented by Mr. Walmsley.

To the Select and Common Councils of the city of Philadelphia.

The petitions of the subscribers, inhabitants in the vicinity of Rittenhouse Square, respectfully sheweth: That being of the working class, their whole time is indispensibly employed in various labours to maintain their families, that sickness is therefore to them not a common calamity, but a scourge the most severe, from which the wealthy are more exempt by your better care of the purity of the air around their dwellings. Many individuals of the families of your petitioners have already been severly efflicted and distressed by loss of health and loss of life, occasioned as they are universally convinced by the effluvia from neighboring ponds, and especially from the street dirt deposited in the square, which being in heaps, occasions numerous ponds of which in summer send forth pestilential vapours wafted stagnant and putrescent water in the intermediate spots, by every breeze to the dwellings of your petitioners, whose only comfort, health, is thus destroyed.

Petitioners have so often represented this unparalleled grievance, they will only remind your body, that as they are entitled to equal rights with their fellow citizens, they confidently expect Councils will not longer subject them to suffer what no citizen in better circumstances would submit to for a single day: & from which their particular circumstances ought to be a sufficient shield.

Petitioners pray the premises may be taken into immediate consideration, and an effectual correction of the evil complained of, be applied, and they will pray &c. It was referred to the Committee on the Square.

Messrs. Rawle, Graff; Walmsley; Boyd, Horn and Cuthbert, were apointed to inquire into the expediency of changing the names of the streets, running north and south, west of Broad street.

Mr. Massey, from the committee on the subject, presented the following.

The Committee appointed by councils to ascertain what sums have been paid to the several Attorneys and Solicitors of the Corporation, commencing with the year 1820 to the first day of January, 1830, beg leave to report, that they have collected from various sources and find the following sums have been paid during that period. To Thomas M. Pettit, Esq. for 1820, 471 50 "Roberth W. Sykes, " "1821, 454 55 do. 60 * 1822, 511 50

The committee having confined themselves to the resolution of Councils to ascertain the sums paid to the several Attorneys and Solicitors of the Corporation within the periods above stated, have not thought proper to pass any opinion on their respective acounts, nor is it material for the present object, it was not embraced or intended to be so construed by the resolution. The committee after a minute examination of all the matters connected with the subject and mature deliberation, have come to the conclusion and are decidedly of opinion that it is expedient the City Attorney and Solicitor should have a fixed annual compensation for his professional services, they consider this mode as the most equitable and satisfactory, the city would then know exactly what they have to pay for his services.If Councils should approve of this measure the committee would respectfully recommend fixing such annual compensation as will be fully adequate to secure the services of a competent and experienced gentleman of the bar. They would also observe, that the Attorney and Solicitor of the Corporation is the only officer attached to it who has not a fixed annual compensation for his services, and the committee can find no good reason why that officer should be excepted from such a regulation. They have also thought proper in order that Councils should come to a fair understanding of this matter have also ascertained the sums paid during the same period to other professional gentlemen, exclusive of the sums paid to the City Attorney and Solicitor, when it has been considered necessary on important occasions to employ additional Counsel, as follows:

In the year 1820........340 dollars.

1821........nothing.

1822.... ..140

125

former years, it was probably owing to an increase of business, caused by a number of changes, which it was generally understood, had been made.

Mr. Johnson had not understood there was any cause of complaint against the late City Solicitor. The Mayor and all the other officers of the city, except the Solicitor, were salary officers, and it was thought expedient that there should be no exception to the general rule.

Mr. Massey did not wish to press the consideration of the bill at this moment. There was a difference in some of the items in the report of the committee, and in the He believed the report of the letter of the Solicitor. committee was correct; but he would defer his explanations till another meeting.

Mr. Hale presented the annual report of the Watering Committee.

The following resolution was adopted, on motion of Mr. Hale.

Resolved that the city Treasurer be and he is hereby directed to place at this time to the credit of the tax fund of 1830, the sum of $16,022 22 cents, the surplus of the water rents of 1829, and in June next the further sum of 15,900 dollars.

Severe Cold-On Saturday morning Feb. 9th, at 6 o clock the thermometer stood at 10 degrees below zero in this city. This was the coldest weather we have experienced for 9 or 10 years past.-Pittsburg Gaz,

The Susquehanna at Columbia and at Marietta has been completely frozen over for a week past, and on Friday last a great many sleighs and several five horse teams crossed on the ice here. The sleighing on the river is said to be excellent.—Columbia Courier.

do.

1823........440

do.

1824.......1115

do.

5 29 3

29 4

29 4 29 29 28 Cloudy

Cloudy

29 4

1825.. ....255

do.

1826.

..1710

do.

7 29 2

8 29 4

1827.

1828.

...170

do.

9 296

29 4 29 4 23 30 33 Cloudy
29 2 29 1 36 41 45
29 529 5 33 35 36 Clear
297 29 7 19 29 31 Cloudy

Cloudy

Sunshn.

Clear

Clear

Cloudy

do.

4960 dollars, averaging 496 -dollars, per annnm for 10 years. Out of the above sum of 4960 dollars 4360 dollars were paid under the direction of the watering committee for professional services rendered relating entirely to and connected with the Water Works at Fair Mount, and the balance of 600 dollars for Will's legacy-Therefore the whole sums paid in ten years for professional services amount altogether to $11,895 55, averaging $1189 55 per annum.

The committee respectfully recommend to Councils the passing of an Ordinance which they have drafted, annexed to this report.

Mr. Massey proposed to take into consideration the bill which accompanied the report,

Mr. Price hoped the consideration would be deferred. He was not, for one, prepared to vote on the bill. It appeared that when the City Solicitorship was a salary office, large sums were paid to other counsel for fees, and if the aggregate of the last year exceeded that of is received, and shall appear in our next number,

The "Meteorological Registe"," from Harrisburg'

12 29 8

13 29 7

14 295

15 29 3

29 3

29 2 35 37 40 Sunshn.

Cloudy

16 29 0

29 0

29 1

32 38 41

Clear

Clear

17

18 29 4

19 29 5

29 5

29 4

5 17 21 Clear

Cloudy

20 29 1

29 1

29 1

35 37 37

Cloudy

Sunshn.

21 29 3

29 3

29 3 21 23 25

Sunshn.

Cloudy

22 29 1

29 0

28 9 28 35 37

Cloudy

Snow

23 29 4

29 4

29 4 19 22 23

Clear

Clear

24

25 29 4 27 29 4 26 296 28 29 6 29 29 5 30 29 5