The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-08-30
SET IN motion AGAIN
Legal Machinery Of The West Side Yiaduct
Oiled by The HuSteTS.
ONE C0MMITTEE that COMMITS
Meeting Held Yesterday in Mayor
Connell's Office Which Straightens
Out the Legal Snare In the Viaduct
Ordinance and Sets 1t on Its Road to
Final Passage-Prospects for Its
Consummation.

Each member of the West Side via
duct booming committee is entitled to
indite "hustler" when writing his
name, for by their work during the
past two days they have proved beyond
a doubt their right and title to that dis
tinction.
Two days ago the ordinance provid-
ing for viaduct over the D., l.. 81 W,
tracks on West Laokawanna avenue
was snugly reposlng in pigeon hole in
the city clerks office calmly awaiting
the fate Of its predecessor which died
with the expiration of the old councils.
1t had legal defect and it seemed no
one cared enough about the proposed
improvement to seek means Of over
coming this obstacle. One effort was
made to set the ordinance In motion
again, but it was such feeble heated
move that it did not even cause the
ordinance to leave the room in which
its berth was.
WHERE THE DEFECT WAS.
The defect in the measure was con-
tanned in the clause which provided
that viewers should be appointed to
assess the damages before the ordi-
nance was finally passed. Court ap-
pointed the viewers but afterwards re.
voked the appointment, claiming that
no assessment could be made for an
improvement until that improvement
was legally provided for.
Council was somewhat chary about
making the ordinance operative before
the amount of damages was ascertain.
ed, inasmuch 40 the damages, after
they had been awarded and no matter
what their extent might be. could be
collected, providing the ordinance was
passed even though the viaduct might
never be built.
1t was argued that in case the dam
ages were deemed excessive the ordi-
nance could be repealed any time with
in thirty DAYS after the viewers had
made their report to court, but it was
feared that the West Side councilmen
could not bs relied upon to vote for the
repeal and this again made the conserv-
alive members wary of passing the
measure.
KINKS sTRAIGHTENED OUT.
Now all this is Strengthened out, and
the viaduct ordinance is once more on
the road to final passage. A meeting
Of the special viaduct committee was
called by Mayor Connell yesterday at
the instigation of the Hyde Park
hustlers. Mayor Connell City Solici.
tor Torrey, City Engineer Phillips,
Councilmen Hickey. w. j. Thomas,
Simon Thomas, Wagner and Clemons,
and Messrs. Powderly. Farr, Davies.
Price and Clarke were present.
After much discussion and consulta-
fion it was decided to amend the ordi-
nance SO that it shall provide for the
appointment of viewers, after the
adoption of the ordinance, which action
overcomes the legal difficulty, and to
report 1t as amended with a favorable
recommendation to councils tonight.
1t is not expected that the viaduet
can be built this year, although Select
man w. ]. Thomas, is confident that it
can. He says the ordinance can bs
rushed through council in two weeks,
the viewers can be appointed and their
work accomplished in two weeks more
and nothing remains to be done then
but to secure the approval Of court and
advertise for bids. However, the major
ity of the councilmen and city officials
favor making haste slowly, and it can
be safely asserted that no work will be
done on the visduct before next spring.
That will be perfectly satisfactory to
the 'hustlers" and the people of Hyde
Park. according to the expressed OPT
nion Of mem bers Of the committee.