The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-18
DETERMINED AIR OF
ATTORNEY WATSON
His Opinion Gives an Inkling Of the
Turnpike Company's Stand.
THEY ARE EVIDENTLY IN EARNEST
to Have an Amicablc Action
ut Court, but Repairs to the Road
Must Go on UAdisturbed in the
Meantime..Exccrp from the Opin.
ion Under Which the Company Is
Jlaking Its Fight.

company met in Alderman Millar's Of
flee yesterday morning to war over the
arrest of President H. f. Paine and
his gang of wOrkmen on the previous
day, 1t was mutually agreed that the
prosecution should be indefinitely post
poned and that the differences between
the city and the company should be
submitted to court in the form of a
case stated.
$. B. Price. the city's attorney, also
agreed to advise Mr.. Kinsley not to
further interfere with the company's
workmen. feeling satisfied that the city
will win In the long run, and the COM
pany will not be able to collect the
cost of the repairs from the city.
Mr.. Watson. attorney for the COM
pany, said he could not do otherwise
than direct his clients to continue the
work of repair. In an opinion on this
point submitted to the directors on
Sept. s, he said, after reciting the law
on the case which holds the company
privately responsible for the condition
of the road:
MR.. wATsON'S OPINION.
What shall this company do? As have
shown the officers Of the company are la
BILE to be arrested and indicted. The only
strange thing to me is that We are not all
of us arrested and under Indictment: Per-
haps it is because the travelling public do
not know the law. That we are liable to
Indictment and have been for weeks and.
indeed, for months Is beyond question: and
and was compelled to travel over this
turnpike and pay tolls I would have the
officers of the company Indicted at the
next court of Quarter session and ! would
thn md y.Ar
every penalty provided by statute and thus
compel this company to provide a suita-
Bile roadbed, a good road. one that would
accommodate the travelling public and
or course, 1t Is the duty of the city to
put the road in such repair but the city
as /! have said, refuses or neglects to do 1t
and 1t is therefore the bounden duty of
this company to proceed at once to repair
that portion of its road.
The fact that certain officials OF the
city threatened to arrest or enjoin the Of
ficers of this company II they go upon
that portion of its road to repair the same
is of no earthly account. 1t does not re-
lease this company of its duty In any re-
the street commissioner has gone upon
that part of the road and shovelled the
rubbish out of the bitches and has levelled
down the ridge that the city made in the
make any difference in this regard. Nor Is
the company released of its obligation If
there are some places in the road above
the bridge not In proper condition.
CITY HAS DONE NOTHING.
The city has done nothing, absolutely
nothing. toward repairing this road. 1t
has not fulfilled its agreement to keep this
road In repair any more than if 1t had
never done anything upon it,
1t Is. therefore. my direction. so far as
rect that the president of this company
proceed without further delay to repair
that part of the turnpike from Leggetts
creek bridge to Mulley's Corners. and that
bridge and be continued down the line Of
the road. That coarse stones, so far as Is
necessary. be broken into the shallow
places or hollows until the road shall be
or the level provided by the Act Of Assem-
bly, and that crushed stones then be
placed upon the surface of the road until
II shall be macadamized and in good con-
aitlon ,i as provided by law and by resolu-
That the president of the company or
some person authorized by him keep an
exact ana correct account of the time of
the employees working upon the road and
OF all the expense incurred in repairing the
same and that a sworn statement of the
money so expended be reedeNd/tO the
city clerk each month and payment of
the same be demanded of the city, and
that II the city refuses or neglects to pay
the same that suit be Instituted and the
moneys so expended recovered from the
city.
will only add that, in my Judgment. If
me present board of managers of the
providence and Abingdon Turnpike and
Plank Road company has not the courage
TO do It's duty in this regard and carry out
the plan herein suggested the board had
better resign, at once and permit the stock
holders or the company to elect a board
mat VIII do ITS duty under the law and the
decisions of the courts. All of which is
respectfully submitted.
Mr.. Watson also directed letter to
Mr. Paine defining his duties in the
premises and telling him he should not
be swerved from his duty by the inter-
ference of any of the city officials.
Mr.. Paine and his workmen recon-
menced operations yesterday afternoon.
Instead of simply grading and levelling
the road they are building a solid and
substantial macadam roadbed and in
case the city should come out second
best in the litigation now on, it will
have a bill of repairs of very robust di-
mensions to meet.