The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-06
Arguing INJUNCTION Cases.
The City and Scranton Gas and Water
Company Given Hearing Be-
fore Judge Gunster.

Judge Gunster yesterday afternoon
in chambers listened to arguments on
rules for continuing the preliminary
iujunctions obtained by the city OF
Scranton against the Scranton Gas and
WsfSr company ami the Scranton Gas
and Water company against the city
OF Scranton. City Solicitor TorrSy
appeared for the city and ex-Justic9
Alfred Hand and Attorney /. II. Burns
for the company.
Tho matter at issue ie the power Of
the city to pass an ordinance defining
the manner in which the company
shall lag it's pipes. The ordinance pro.
tides that before opening any street
the company shall obtain permit
from the street commissioner. and If II
be a paved street deposit sufficient
sum Of money with the city treasurer
to enable the street commissioner to
repair the pavement.
The company opened strset in 7io-
lation of the ordinance and was en-
Joined by the city. Another injunc-
tion enjoined the city from interfering
with the company in opening streets
which is q right said to be granted 10
it by its charter,
Mr. Torrsy made the first argument.
He said that it was necessary for public
safety to have regulations with regard
TO the opening Of highways to make
improvements and that such regula-
tions have to be general. he did not
deny the charter rights of the com
pany, but held that the ordinance does
not contravens these rights, the ordi'
nance hhving been passed in con-
formitv with the police powers granted
to municipalities by the legisla =
ture- All legislation granting charter
privileges, he held has the implied re =
ser7ation that the privileges are sub
iect to reasonable police regulation
The city had to pass general ordi-
nance with regard to the regulations
prescribed and could not pass one for
the Gas and Water company and an
other for other companies and indi-
viduals The permit is required that
the street commissioner may know
what streets are being opened and in
what condition they are left after the
improvements are completed,
Mr.. Burns argued that BY the terms
Of the Gas &Water companys charter
the city was debarred from imposing
such restrictions as are set forth in its
ordinance, He declared that the city
had no right whatever to compel the
company to obtain a permit every
time it wanted to open q street
and pay money into the city
treasury to enable the street coin
missioner to do work that its OWL
skilled workmen could perform in .
more satisfactory manner.
The company would not object tC
reasonable regulations, but this ordin-
ance was not what it purported to be,
regulating ordinance, since it doe'
not attempt to regulate, The taking
out of permit be said was not a regu
lation, for the very word permit sig
nified the granting of right from a
superior to an inferior power.
Ex-Justice Hand said that the CHAR
ter Of the company gave it great pow
ers, but they were necessary to carry
out the purposes of its Incorporation,
II the company fails to perform in /
proper manner Its duties in connection
with the laying Of its pipes the cit.
might have an action against i
TO compel it to do so, bu
by its ordinance it is endeavor-
ing to shift the responsibility of seeing
that the streets are properly: REPAIRED
after excavations are made by the com
pany from the shoulders of the com
pany n,to its own, The pipes havs t
be repaired all hours Of the day an
night, and it would be burdensome
+ the speaker said, to compel the com
pany to have to seek the street CON
F. missioner whenever 1t Is necessary t,
open street for any purpose,
Judge Gunstsr reserved the deci
sion.