The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-15
COURT REFUSES
AN INJUNCTION
Traction Company Can Continue to Lay
Washington Avenue Pave.
HEARING ON RULE TO SHOW CAUSE
Judge Archibald Decided That from
the Evidence Before Him the Trac.
tion Company Had Right to Oe-
cupy Washington Avenue-.That Is
Not the End Ofthc Matter. However.

understanding OF the case, Judge ArcH-
bald refused to grant a preliminary
injunction to restrain the employees Of
the Scranton Traction company from
laying the track on Washington ave-
nue..
Last Friday Hon. John =. Kelly and
j. Alton Davis, ESD, representing cyrus
ID. Jones. who is the owner of the
building i'm which J. w. Guernsey S
music store is, applied to the court
through the equity channel for an in
junction to stop the work of tearing
up the avenue. In the bill the reasons
advanced why the court should inter-
fere wer two: First, that the charter
and articles of association of the VAL
ley Passenger Railway company. under
which the Scranton Traction company
is acting on II lease. do not give the
defendant the right to that part or
Washington avenue: second, that even
If the right was vested by the charter
| and articles, yet the franchise was
| void because of lapse of time.
On Friday 1t was not clear to Judge
Archibald that he would be justified in
stopping the work, and he refused a
| preliminary injunction, at the same
| time granting rule made returnable
yesterday to show cause why prelim-
mary Injunction should not be grant
| ed. The hearing was set Gown for 10 a..
| m. but was not begun until 1.3O i'm the
| afternoon. Court stenographer w. ID.
| Coston was called in to take the testi-
mony.
AN ARRAY OF COUNSEL.
Messrs Kelley and Davis, as ON the
day previous. represented the plain
tiff, and the company was again rep
resented by the following array: EN-
Judge w. II. Jessup, Major Everett
! Warren, Attorneys |. Fl. Burns and
Horace T. Hand. General Manager
Frank Silliman, jr., was present on the
part of the Traction company, and on
Archer. who is deeply interested in the
Citizens Street Railway company.
Assistant City Clerk Evan ]. Nor
| rs was sworn as a witness. He had
with him the ordinance granting the
| Valley Passenger company right of
| way over the streets named in their
charter, and aiso the subsequent or
diIance of Jan. Ii, 1895. which granted
| the company an extension of time
until Jan. 16. 1897. in which to CON
| struct the lines.
| General Manager Silliman was sworn
and told what the company proposed
to do with the Washington avenue inn
provement. He described the route of
the Suburban cars as coming in Wash
ington avenue and going out by way of
| Inc lXn and Nn Chi N OFT va
nues to Spruce street to Adams ave-
nue..
| Mr.. Archer was called as witness
on the part of the plaintiff and gave
testimony concerning the purposes OF
| the company when he was general
manager. whenever the lines were t.
| De extended.
| ARGUING THE MATTER
This was all the testimony taken
| and Mr.. Davis began his argument
for an injunction. He was followed by
Mr. Kelley on the same plea. The ar
| guments against the petition were
made 10y Judge Jessup, Major Warren
| Mr. Hand and Mr.. Burns. After hear
ing them all Judge Archibald refused
the injunction. lie said ii was not es-
| tablished that the defendant company
is on the street without authority, but
did not care to pass finally upon the
| question until it could be more fully
presented and argued.
This is not the end of the case. II
| will go on the equity trial list anu
come up in November or at some later
term. Superintendent Robert +. Fox
| of the Traction company, informed q
| reporter of The Tribune that tn,
| Washington avenue connection will b,
laid. the poles planted wires strung
turnouts in place, and the cars run.
ming Within two weeks. prevailing moth
| ing unforeseen occurs in the shape al
delay in the arrival of building ma.
terial
| II after the road is built and in oper-
| alton the court should decide that the
Traction company. lessee of the Valley
| Passenger cOmnany, has no right or
the street the track may have to come
| up.