The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-15
Will FIGHT TO A finish
Mayor COnnell Is Disposed to Halt
the Traction Company.
FRANKLIN AVENUE TROUBLE
Was Revived Yesterday and the Com.
pany Was Refused an Injunction
Against the City-r VIII All
Be Aired In Court

Fir six months tnere nave DeeH Sc
rous differences between the Scranton
Traction company and Mayor Connell.
in behalf of the city, which seem des-
tined to create litigation, and which
illustrate a disposition on the part OF
the company to get much for little and
the mayors attitude in trying to pre-
vent such a condition.
A chapter in the difficulties came to
the surface in court yesterday when ex-
Judge Knapp. for the Traction COM
pany, asked for a preliminary injunc-
ton to restrain the city from laying
a pavement at the junction of Spruce
street and Franklin avenue. During
the noon hour Judge Gunster made
personal inspection of the locality, and
on his return to court refused the in
junction, and will file his opinion later.
The issue between the city and the
company on Franklin avenue is very
complicated, and future rights and
privileges of the company will probably
be decided by court. Some time ago
the company was successful in obtain
ing councils consent ito move Its "Su
burban company track to one side of
the street in order to make room for
extending the track OF the Peoples
company from Spruce street to Lacka-
wanna avenue" AS this was really a
permission to double-track the avenue,
the property owners opposed the re-
quest in councils. After the company
secured the passage Of the ordinance
the property owners obtained from
court an injunction.
Company on the Alert.
According to the ordinance the COM
pany had only until yesterday to lay
it's additional track. That the COM
pany intended putting in a diamond
switch on the corner and hoped to lay
it's extra track was shown in its appli-
cation for the paving injunction which
was refused.
After securing permission from coun-
ellis to lay an extra line of track and
before the property owners secured the
injunction, the company tore up apor-
tion of the avenue south of Spruce
street. The thoroughfare is now in a
bad condition.
The opposition to an extra track in
wolves more than the wishes Of prop
erty owners on the avenue in ques-
ton. 1t is claimed that had the COM
pany been permitted to lay and use
the track It would have established its
right to lay and maintain Peoples
Street railway track on any public
thoroughfare in the city.
The company obtained its charter
under a state act of 1866 (pamphlet
laws, p. 1880, of which the following is
an excerpt:
"That A. B. Dunning, D. r. Randall,
George Tracy, A. Bennett and Samuel
Raub, their SUCCESSORS, associates or
assigns, be and are hereby constituted
body polite and corporate with per-
petual succession by the name and title
of the Peoples Street Railway company
of Luzerne county and as such shall
have the right to lay out and construct
railway with one or more tracks,
with turnouts and sidings from or near
Scranton to Providence, Hyde Park and
Dunmore through any street or roads,
or use or construct any bridges, Sc
lecting any route between the places
indicated that they may deem advis-
able, and to cross any grade or con-
meet with any other railway now con-
structed or that may hereafter be con-
structed ."
Contained Sweeping Privileges.
From the foregoing it will be seen
that there was very little If any re-
striction except in one phrase, Select
ing any route between the places In
dicated." The word route" is in the
singular, and, by those opposed to the
companys appetite to gobble, is
thought to restrict the company to
each route it has occupied in past years
1t, however the councils permission to
lay a track in Franklin avenue had not
been thwarted in court 1t might have
given the company an established right
to lay it's iron wherever it pleased.
There is still another important
feature of the case: 1t has been sug-
gested that the company will fight
TIE property owners and mayor with
the state charter of 1866 and its sweep
ing provisions as a basis. In this con-
nection it has been suggested that by
seeking in councils ordinances affecting
the Peoples company that corporation
has forfeited it's state charter and ac-
cepted the provisions of the new con-
stitution. In such case the company
would be obliged to, secure through
councils permission to perform extern
sion work or change any Of its tracks.
Meanwhile the courts injunction on
the Franklin avenue matter still
stands. Until a final decision Is reached
the company will not even be permitted
to unload in the involved district ma
terial to be used in laying the line Of
track