Freeland tribune. (Freeland, Pa.) 1888-1921, 1893-03-23
UNION COMPANY WINS.
JUDGE WOODWARD GIVES 1T THE
RIGHT OF WAY.

The Controversy Over the Foster Town
ship Roads Is Decided in Favor of the
Local Company-The North Side Still
Trying to Get to Freeland.
On Monday afternoon Judge Wood
ward gave his decision in the injunction
case of the Union Street Railway Com
pany against the Hazleton and North
Side Electric Railway Company. The
contest originated through both com
panies claiming the right of way in Fos-
ter township, and was brought to point
where legal proceedings became neces-
sary when the North Side Company
began laying its track on Centre street,
in the Points. The Union Company
then obtained an injunction, and the
case was argued last Wednesday before
Judge Woodward, who, in giving his
decision, says:
'The case presents single question :
Which of the two companies claiming
the right of way oyer the road in Foster
township has complied with the require
ments of the act of May IA, 1889, (P. L.
21D? This section provides that no
street passenger railway shall be con-
structed by any company incorporated
under this act within the limits of any
city, borough or township without the
consent of the local authorities thereof,
etc.
"The plaintiffs allege that on February
13, 1893, they applied to the supervisors
of the township for the right of way in
question, and presented to the court
copy of the minutes of the supervisors
meeting, granting them the right of way
over the roads in Foster township.
''The defendants produce an affidavit
of Matthew Long, which states that as
the agent of the Hazeton and North
Side Electric Railway he called upon the
supervisors and procured from them the
agreement for the right of way dated
January 3, 1898.
Assuming that the agreement obtain
ed by the defendant from the supervisors
on January 5, 1898, is not invalid because
of any fraud or Misrepresentation, and
also that the meeting of the supervisors
on February 13, 1898, was properly held,
it then remains to inquire as to the legal
force and effect of a contract entered
into by township supervisors, separately
and without a meeting at which all are
present for conference and consultation,
in which way the contract presented by
the defendants was granted.
"The doctrine of the common law is
that when power authority or duty Is
confided by law to numbe of persons, or
whenever number of persons as officers
are authorized or required by law to per-
form any act, such act may be done and
such power may be exercised and per-
formed by majority of such persons or
officers upon a meeting of all the persons
or officers so interested or empowered
unless special provision is otherwise
made.
A number of opinions are then quoted
and the judge continues: "In view of
the rule thus established it would seem
to follow that the contract entered into
between the supervisors of Foster town
ship and the Hazeton and North Side
Electric Railway on January was in
valid and without force. 1t was not the
joint act of the supervisors, authorized
at formal meeting of the board, but
the separate act of the two supervisors
in their personal and individual capaci-
ties and at different times. The only
valid and lawful grant of the right of
way over the road in question was that
conferred upon the Union Street Rail
way Company by the resolution adopted
at the meeting of the supervisors on
February 13, 1898. And for this reason
the motion to continue the injunction
must be granted"