The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-12

in constructing and laying down q
street railway ON Washington avenue
and in front of the PLAINTIFFS property,
and have dug up and removed the pave
ment and foundation hereunder and
are about to lay down rails, ties and
other obstructions to traAl. and in the
opinion of the plaintiff, and he is ad-
vised as a matter of law, the defend
ants are doing the work without any
authority, and that the construction of
the said street railway will be an OBJ
struction to the means of access to the
property of the plaintiff.
Mr.. Jones says also in his affidavit
and bill that he believes the defend
ants have no intention of building any
other road on Washington avenue, eX-
cept between Linden and Spruce street
and that it cannot be operated or used
in connection with any other part of
the line of the Valley Passenger COM
pany, and therefore prays the court for
an injunction.
The argument for an injunction was
| made before Judge Archibald i'm cham
bers at $50. Hon. John p. Kelley and
j. Alton Davis. esq. represented the
plaintiff, and for the defendant APP
peared Major Everett Warren. ex Judge
w. Fl. Jessup. Horace +. Hand. esq
and I. Fl. Burns. General Manager
| Frank Sillman, jr., Of the Traction
company. was present also.
After Judge Archibald examined the
| papers, Mr.. Kelley presented the plain
tiff's case, reviewing briefly the allega-
tions contained in the bill, and then he
| moved for a preliminary injunction. He
| was followed by Judge Jessup, who said
that the charter of the defendants au-
| thoriZes the tracks to be laid, a city
| ordinance also authorizes the work to
| be DONE and permit has been obtain
ed from the municipal authorities. He
| said. therefore. according to the law
and the ordinance the plaintiff has no
standing. a private citizen, he said
| has no reason II complain of a public
nuisance, if the building of the street
| railway is such. unless he can show
| special damages.
| COPY OF THE CHARTER.
Judge Archibald said it was not a
] question of public nuisance. and did
not care to hear argument on that
point. The plaintiff alleged in his bill
Of complaint that the defendants had
no right on the portion of the street
now occupied. Mr.. Kelley went down
| stairs to the recorder of deeds office
and brought up the docket in which was
entered the articles of association and
the charter of the Valley Passenger
| company.
The docket showed that the Valley
Passenger company by it's charter has
the right to occupy Washington avenue
between Olive street and Fig street
That disposed of one branch of the
PLAINTIFFS case, and then the defend.
ants right to lay the tracks was at.
tackled on the ground that the ordi.
nance granting the franchise has ex.
pired. In answer to that, Major War.
rem produced a permit signed by the
street commissioner giving the com.
pany leave to tear up the street anG
lay the tracks.
| Major Warren, Mr.. Hand, and Mr.
| Burns argued to the court that the per.
NIT was sufficient to show that the
municipal authorities. or rather the city
| of Scranton, sanctioned the work, which
| would not be the case If the ordinance
had expired. Mr.. Hand explained tha
the ordinance granting the franchise tC
the Valley Passenger company passed
council and was approved by the mayor
on Jan. 16, 1898. The company wa!
chartered on Oct. %, 1892. The com
pany was bound to lay its tracks with
| in two years. but on Jan. 16. 1895. coun
| Gil passed another ordinance which wa.
signed by Hon. w. l.. COnnell, thei
mayor. extending the time two years
| which gives the defendants until Jan
l6, 1897. to lay their tracks.
| Judge Archibald said that he did no
think the plaintiff was entitled to 1
preliminary injunction, but he granite,
| a rule to show cause why one SHOULD
not issue and designated Monday morn
ing next at 10 o'clock before him in tn,
| arbitration room of the court house a
the time and place for the hearing.
THE OTHER PERMITS.
| The other permits secured by the
Traction company Thursday are a:
follows: Under the Peoples Stree
railway franchise they propose to occu
py Il portion of Wyoming avenue be
tween Linden and Mulberry street:
with single track, or in other word:
remove the double tracks and lay {
single track i'm the center of the street
Ry virtue of the Suburban Street rail
way franchise they intend to relay thu
track between jefferson and Prescott
avenues on Mulberry street. and tt
| place turnOuts between jefferson ant
Madison, Clay and Webster and Irving
| and Prescott.
And with the Valley franchise the!
| propose to lay single track on Hem
lock street from Prospect avenue con
Meeting with Pittston avenue and ther
| on Pittston avenue from Hemlocl
street to Front street and then on From
| street to the track on Roaring BrOOl
bridge. with a turnout between Hem
lock and Front streets