The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-13
FRANCHISES ARE invalid
SOSays Councilman Roche Concerning
Valley Passenger Railway.
WHOLE VALLEY IS AFFECTED
Mr.. Roche Speaks Out In Meeting About
Matter Which Has Bccn Whispered
About Of Latc-BOth branches
Of Council In Session.


In considering the ordinance for the
Valley Passenger Railway company's
proposed extension to Petersburg In Sc
lect council last night Mr.. Roche
touched upon a matter which has been
mentioned only in whisper hereto
fore. Ii Is the invalidity OF the valley
Passenger Osailway company's fran
chises undsr which the Scranton Trac-
tion company Is now operating miles
of electric railways in this city.
MIR. Roche said that the franchises
were invalid because Of recent de-
cision of court which held that a street
railway company must necessarily Sc
cure the right of way over the entire
length of its proposed line before II can
make use of any of the privileges
granted by any city. borough or town
along its route. The Valley Passenger
company, Mr.. Roche said. had Sc
cured the right of way over Scranton
streets on the strength of their inten-
tion to construct a road up and down
the valley. They failed to secure many
Of the franchises which were necessary
for the completion of the original plans.
consequently, not having carried out
their expressed intentions. the fran
chises which they did secure revert to
the city. borough or town which grant
ed them.
Contention Of MIR. Wagner.
Mr. Wagner contended that the law
only applied to townships and bor-
oughs, but MIR. Roche, who had evident
ly anticipated this objection, stated
that he had consulted a lawyer upon
that very point and had been given as
surance that Mr.. Wagner's interpreta-
ton was not correct.
Mr.. Roche explained that his object
in bringing this matter to the atten-
tion of councils was that the councils
might provide against future contin-
gencies which might arise If the law
was strictly enforced. One of these
contingencies Is that in case the street
railway company is compelled to tear
up its tracks the city will be liable for
damage to pavements. which are laid
at property holders private expense.
The matter was too important for
hasty consideration SO council let II
pass for the present, and also passed
the franchise ordinance with few
amendments, chief among which were
provisions for paving twelve inches on
each side of both tracks and compelling
the company to give transfers on in
tersecting as well as connecting lines.
MIR. Chittenden. for the committee on
resolutions, introduced the following
resolutions on the death of Charles +.
Mates. for SO many years a member
OF Scranton councils, and known
Familiarity as The Father of the Coun-
ellis:
Resolutions OF sympathy.
Whereas. Almighty God In the exercise
of HIS divine VIII has removed from this
nn nr... Of o.. ,.vla
f. Mates. for many years an honored
member OF select council. and
Whereas. This body desires to place
upon record their profound grief at the
death of their former associate; therefore
be II
Resolved. That the services rendered the
city of Scranton by Charles f.. Mates
during the tine he represented the Sew
enteenth ward in select council were in
keeping with his v.rtuous character. Emil
nently practical in affairs, he was tire
less !n,h.s industry. clear and comprehen-
sive In his perceptions bold and efficient
in the discharge of every duty; and as
temperate and method!csl IN his habits
as he was tenacious and reliable In his
friendships.
Resolved. That the members Of select
council extend to the family of the de-
ceased their deepest sympathy in the DIS
tressing loss they have sustained.
Resolved. That these resolutions he
spread upon the minutes and that a suit
ably engrossed copy be presented to the
bereaved family as an evidence of our
regard.
c. f. Chittenden.
NJ. J. Burns.
r. II, Williams.
Committee.
Council reconsidered its action of the
previous meeting in the matter of send
ing Fred Durr to the fire chiefs con-
vention in Augusta, Ga, and substi-
tuted the chief Of the fire department
in his place A petition was received
from Jenkin Lewis of Main avenue, Fiji
teenth ward, complaining of the public
cattle pound which is within ten feet OF
his door and praying that councils
abolish It. He said that the stencil was
SO great and the believing and bark
ing Of impounded animals was so dis
turbing that he would have to move
out of his house If the nuisance was not
done away with. 1t was decided final
ly to refer the matter to the sanitary
Fixing the Salaries.
The board of revision and appeals or
fixing the salary of members
at So a day and providing for joint
session to elect the board was passed
on third reading and sent over to COM
mon council where II was passed on
first and second readings. The ordin-
ance transferring the $4,000 viaduct ap-
to the fund for completing
the approaches to the bridges took the
same course.
The following ordinances also passed
third reading: For paving Webster
avenue; for the construction OF lateral
sewer on Capouse avenue between
Marion and Green Ridge streets; for the
of Stephen Jones claim for
81, 200: for the Improvement of Ninth,
and Jackson streets; for grad
ing Fillmore avenue between Wash
burn and Hampton streets; for con-
structing a sewer on Irving avenue
north of Mulberry street; forbidding
the laying of cement sidewalks; for
fiagstone sidewalks on Washington ave-
nue. between Gibson and Olive streets;
for narrowing and paving the roadway
on wyoming avenue between Marion
and Larch streets; for grading Hamp-
ton street west Of Main avenue.
Mr.. williams reported the railway
favorable consideration
Of the ordinance granting the Valley
Railway company the right
Of way to Petersburg. Accompanying
the committees report was a resolution
directing the company to seek route
other than over Myrtle street, owing
to the IA per cent. grade on that thor
oughfare.
Mr. Lauer, of the parks committee.
reported a resolution directing the
proper city officials to secure an option
on Trips woods, which resolution was
adopted.
For Paving Olive Street.