The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-22
ION Mr.. R0CHE'S POINTS
City Solicitor Torrey Submits Az
Oplnion Ia the Turnpike Case.
CANNOT ASSESS PROPERTIES
Special Committee Appointed to Investi'
gate the S~quabble Between the Asses
sors and Board OF Appeals-Tims
for Paying Taxes Extended.

After making q thorough investt-
cation Of the advisability of putting
West Market street in repair, Messrs.
Roche and Chittenden, Of the streets
and bridges committee. submitted
lengthy written reports embracing all
the various phases Of the case and
bringing into question four legal
| points which were referred to City So
licitor Torrey for an opinion. rhe So
licitor last night answered the Ques-
tions as follows, in q communication
read to the select council at its regular
meeting:
! Scranton. Pa. Nov. q, 1895.
To the Honorable, the Select Council OF
| the City OF Scranton:
Gentlemen-l return herewith report OF
you committee with reference TO the
| Arlington turnpike. This was referred TO
ion regarding the points named and sug-
gested In the communication and reports;
The only specific points which l md
suggested for any written opinion are
John +. Roche, which l answer as follows:
| First-Whether the city q abrogate
the contract with the turnpike company!
This contract was before the court .foG
in which, by reason of my relations to the
company as its former counsel. Mr.. Price
appeared for the city. l am Unable to
state clearly the grounds upon which the
against the city. II it was done upon the
ground thai the contract was a legal and
proper contract for the city to enter into
in the first instance. ! do not see how the
abrogate 1t without the consent of the
lother. l would suggest. however, that the
opinion of Mr.. Price be secured on this
point.
As to E~ucroachment on the Road.
Second-As to the question Of %encroach.
nent for twenty-one years or more o.
hat the difficulty was not 50 much to
| prevent encroachments or in the removal
of obstruction. as to ascertain. definitely.
the original location OF. the road: If
hat were ascertained satisfactorily I am
Of opinion that all encroachments could
be removed. This road, like most other
ancient turnpikes, was losely located, and
so far as / am able to ascertain, there Is
no record or map which shows the ACTUAL
ines Of the original location, and 1t there
fore becomes a question Of fact In each
case Of alleged encroachments where the
company actually located n occupied
their road, and what extent or width OF
Third-As to the liability Of the city on
the question Of grading. 1 am Of opinion
that II the city should pass an ordinance
providing for the change of grade upon
this portion Of the street, and should exc
cute II, by changing the grade that the
city would be liable for any consequential
damages which might result to- AUDITING
property owners. II. on the other hand,
the grade should be changed by the turn
pike company. the city will incur no la
bility for damages.
Fourth-The liability Of abutting owners
to assessments for grading inc paving. ]
entire ownership in the street, no assess
ment could be made for paving. The
street Is, to all intents and purposes, a
turnpike; and neither turnpike companies
l mr. tho rtfv throurh uyhtnh fhav RIM
have power to pave at the expense Of
abutting property owners. That power Is
given only with reference to streets &C
tually opened or owned by the municipal
James H: Torrey.
TO Settle the Assessors Squatklc.
At the suggestion OF Mr.. Chitten-
den, the chair was empowered to ap-
point a special committee to investi-
gate and define the respective powers
of the assessors and board of appeals,
with q view Of settling the present ex-
listing squabble between those two
bodies. President Westpfahl appoint
ed on this committee G. E. Chittenden,
olution was passed to provide separate
cells for female prisoners in the sta
ton house.
Ordinances providing for the erection
Of gates at the grade crossings at the
easterly end of Dodgetown bridge and
at the Jersey Central crossing on
broadway were favOrably reported
upon by the railway committee and re-
ferred for printing.
Mayor Council nominated Peter Ross
as inspector Of Linden street bridge ap-
proaches and August Rehner az in
spector of the approaches to the Spruce
street bridge. The nominations were
referred to the streets and bridges
committee.
A communication was received from
Mayor Connell enclosing a notice from
Street COMMISSIONS kinsley relative
to the closing Of Mary street bridge
owing to its unsafe condition and the
impossibility of repairing 1t because OF
the want Of funds. The matter was
referred to the estimates committee,
which forthwith set to work to draft
an ordinance transferring money tC
provide for this improvement.
A resolution introduced 1t the re-
quest Of City Solicitor Torrey empow.