The state journal. [volume] (Harrisburg, Pa.) 1883-1885, 1884-04-19
STREET RAILWAY.

non.
The subject Of the pending litigation
between the Mayor and the Harrisburg
street railway company is exciting more
than ordinary interest ia the city, especi
ally among those who keep a watch over
its affairs. A TELEGRAPH reporter this
morning visited President Henry a.
Kelker, Of the railway company in search
Conformation on the subject. Mr. Kicker
was very willing to give any information
in his power and when the reporter
asked: What is the reason that Your com
pany does not ask the consent Of Councils
TO extend its lines of railwayY' Mr.
Kicker replied:
Because an application to Council for
this permission would imply q right in
the Councils to refuse our application,
and we are advised that under our char.
ter we have an undoubted right to occupy
the streets without asking further per
mission. The charter expressly gives rs
the authority To construct one or more
lines Of railway and to occupy any Of the
streets Of Harrisburg then existing or
afterwards opened. Having this grant
from the Legislature we deem 1t unne-
ccssary TO ask the consent Of Councils,
which are necessarily q subordinate DOW
er."
''What then does your company in.
tend to do?'' inquired the TELEGRAPH
man.
lit is the wish Of the company TO ex
ercise the right which its charter gives
it in such way as to disturb the public
streets and interfere with travel no
more than is absolutely necessary for the
constructing Of q street passenger rail
way. The manner in which tie com
pany has heretofore transacted its bust
ness is | think a sufficient guarantee that
it Will attempt TO 90 nothing that
exceeds its power or in any manner in
jures the public which are its patrons
Twill you tell me why the company
resisted The testing Of the question in
c1urt?"
1--WE have not resisted the testing Of
the question in court On the contrary
we have made every effort possible to OBJ
tain decision OF the court upon the mat
ter in dispute between the company and
the Mayor AS early as November last
our attorneys conferred with the Mayor
and urged upon him to agree to a case
stated for the opinion Of the court
Some weeks thereafter our attorneys
prepared the case Stated setting forth the
facts as they understood them and sub
mitted it 70 Judge largest and Mr.
Wrestling the Mayors attorneys They
retained it until after the passage Of the
ordinance Of February 25th, 1884, and
then returned il Stating that they could
not agIec 10 the facts as stated. They
declined to suggest the particulars wherein
they could not agree or to suggest
any shape in which the matter
could be put for presentation
to the court Our attempt, therefore, to
reach an amicable settlement of this case
failed and it was necessary for the com
pany to do some act in violation Of the
ordinance, which had evidently been
passed to meet this case for the purpose
of getting the matter before the court.
After that nothing was done until the
morning Of the 1st Of April
This delay on our part was cause by
the weather being unfit for working on
the streets Instructed our superinten-
dent on the 31st OF March to notify the
Chief Of Police to inform the Mayor, that
we intended TO begin work on Rely
street on the following morning. | am
informed that he did SO, AT any rate the
Chief Of Police and supervisor with
number Of officers and laborels were
on the ground at Or about the
time when our men began work,
and Immediately interiered with the
progress Of the work by tearing up our
ties as fast as they We're laid down, until
our men We're served with summons from
the Mayor We then ceased operations
our men appeared at the Mayor
Office, and were, Immediately, fined
by his honor, in the sum Of twenty
FIVE dollars each The Mayor didn't
even wait for the arrival Of our
counsel. They came, however, shortly
after the fines had been imposed and an
arrangement was had for hearing in the
afternoon. In the afternoon the counsel
for the Mayor were present Our coun
sci suggested that the proceedings before
the Mayor were irregular and would
probably be reversed in court but that
they did not desire TO take advantage Of
any technical matters and preferred to have
the questions fairly raised upon
the record, and the counsel for the Mayor
then admitted that the Mayors record
was not in proper form, and expressed
their qualification at the willingness OF
our counsel TO have the questions placed
upon the record for an early decision be-
fore the court. Ii was then agreed that
the matter should be continued until the
following Monday, April 7. In order to
give the Mayors counsel time to put the
information in legal shape to raise the
question in dispute, and in ORDER to aid
them in doing this, our counsel then gave
them, in writing, pleas which they had
prepared, stating distinctly our entire
grounds Of defense. 1t was agreed also
this time that the matter should he argued
in court last week, at any day toward
the latter end Of the week which
the court might fix for hearing.
With this distinct understanding we sep.
arated. and our counsel were greatly sur
prised wien at the hearing on April 18th,
instead Of permitting the questions to be
put in proper shape upon the Mayor s
record, the Mayors counsel objected
to the putting upon the record any
plea or matter Of defense suggested by
US, although our counsel offered nothing
except the grounds Of defense which we
had previously disclosed to the Mayors
counsel, and which it was understood dis
tinctly, at their meeting on the list Of
April, should be put upon the record \
How do you account for this change
Of opinion on the part Of the Mayors
counsel?" asked the reporter
81 can not account for this conduct in
any way, that is consistent with the de-
sire of the counsel of the Mayor to have an
early and temperate decision Of the ques
tions by the court. Atthe hearingon Mon
day, April 7th, our counsel presented
in writing our entire grounds Of defense
and offered to sustain all allegations of
fact by testimony. Argument was had
before the Mayor as to our right to inter
pose our legal defense in this way, and
after argument the Mayor announced
that he desired to hold the question Of the
admssability Of our defense under adj
visement until the next day at 3 o'clock.
Accordingly at that hour on April 8th we