The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-23


Monday nights meeting. What tn y
heard and saw must have prompted
them to cause the issuance Of letter
Ii is a p inted docNmant and was s. nj
to every y embcr of each branch of the
councils Apparently T. Is meant 10
nv the 'mpressi n that II council
men were property informed on all
sides of the di puic hey wlull act dif-
fercntly. The tier gins as follows:
ATTORNEY WATSON'S LETTER,
Before an" radical measures arr
taken In regard to he Provldenc' ard
Arlington Turrrike and Plank Road
company, ! would Ike to clll your at
teution To a few facts" After set. .inT
forth Il number Of fa is with reference
t. thr DISPUTE. the letter, under the
head Of Section G, contains this
clinchirg argument 1T is said, it
seems, that the Company has no right
to rerair that part Of the read no.
withs,a0di1g 1t Is not in lenar. d
you believe it? If you do, why not let
the Turnpike company repair the road,
because if the company has no right
to repair, surely it cannot collect 9
cost from the city and tn taxpayers
Of the city would get the ben fiji of the
money expended" 1T Is not
true that the company has refused to
have any disputed question determined
by the courts in civil action. Nor is
it true, as assei ted, that the company
agreed to brig suit before this date or
at any special date" The letter is
signed by w, w. Wa son, attorney 70,
the company.
Although comrany workmen were
sal t. be repai ing the Dad early yes
tegday morning, they wee not on the
mi .
Kinslcy went there to cluse their ar.
rest, as directed by the mayor. That
the MAYORS order was not a bluff.
was indicated by the fact that the po-
lice patrol wagon and officers were
ready to respond to tell phone call In
case their services were needed, The
( flowing lit 'r was : mt to ATTORNEY
Price yesterday by Attorney Watson:
Mr.. 5. u. Price, Attorney for the City Of
Scranton.
My Dear Sr:-As there has been consid.
cradle In the newspapers alleging that
there was an agreement to file an amlcahle
action in court in regard to the Turnpike
company. ] address you to say that the
Turnpike company IL not yet advised what
Question you desire submitted 10 the court.
whether 1t is the right of the Turnpike
company 10 repair the road, whether the
road Ia owned by the city or owned by
the company, or whether the agreement
between tnt CITY ana tne company, e.tcut-
ed May H. 1883, is valid or not.
Now, II you Will advise us what ques-
ton YOU desire determined by the court
and II Is u proper matter to be SO deter
mined we will be pleased to join you there
in. Very truly yours,
Attorney for the Turnpike company.
LETTER TO THE MAYOR.
This is a copy of a letter sent to
Mayor Bailey:
Scranton, Pa. Sept. 90 1896.
70 the Honorable James G. Bailey. Mayor
OF the Guy OF Scranton, and Other Of
iicers Of Said City.
The Providence and Abingdon Turnpike
ana Plank Road company hereby ac-
knowledge the receipt of your notice
served upon thc president of said company
Sept. q. 1886. wherein you state that the
city of Scranton has accepted the terms
o! the contract executed the Nth lay OF
May, 1889. between the said Turnpike COM
pany and the said city, wherein the city
agreed to keep the road running from
Providence corners to Lcggett's Creek
bridge in as good order and repair as the
said Turnpike company We're bound by
law to keep the same prior to the execu-
tiOn of said contract. And further that
the city intends to provide and mainain
proper fences ana guards at points of
danger and TO indemnify the company
from expense ana loss or damage growing
OUT OF any ltSlctt negligence OF Inc
city In the premises, and in which you say
that said company and all persons who are
engaged in work upon said road are here
~ notified to cease and leave the same. the
ely having agreed to accept the terms of
said contract and undertaken the liability
TO repair and keep in order the road afore-
said.
The Turnpike company is gratifed to
receive this notice, and assume that the
city of Scranton Is now ready to fullli
in good faith the terms and conditions nf
said agreement and comply with the no.
tices heretofore given by the Turnpike
company.
In addition to the ACKNOWLEDGMENT; of
your notice we desire TO give you and the
city Of Scranton the following notice:
F'irst-That the Turnpike company de-
mands that the road-bel of said road, not
recently repaired by the Turnpike COM
pany, be macadamized; made an even sur
face and SO nearly level In its progress
that 1t shall In no place rise or fail more
than will form an angle of four 90 de-
grees with horizontal line AS required by
said contract and the Act of Assembly in
such cases made and provided.
Second-That said road below where the
same has been recently repaired by the
Turnpike company Is in bad condition. fun
Of holiows and riits and not an even sur. mr..
face and that the guards along said road
are down and worthless and no protection
against injury, and in fact were insult
iicicnt for guarding purposes.
Third-The Turnpike company further
gives notice that it will. in compliance
with your request. cease further work
upon said road until the lst day of Octo-
ber. 1896. and unless the city of Scranton
on or before that date proceeds in good
faith to speedily put the road In the con-
dition above mentioned the Turnpike COM
pany will, for its own protection and for
the benefit of the travelling public continue
its repairs thereon.
Fourth-That the Turnpike company in
sists that the repairing OF the part OF the
road as now being done by the city of
Scranton is but n pretcnse and does not in
any manner comply with said agreement
or the Act of Assembly for the maintain
ine of the road
In our Judgment the way the city Is
now working upon said road Is waste of
public moneys and we may further add
that the macadamiZing recently done by
the Turnpike company covers about nine
hundred (90O) feet of the road from Leg
gett's creek bridge to Providence Corners,
and has cost one hundred and sixty-seven
dollars and fourteen cents H167A)
Therefore to properly macadamize the
whole distance, to wit. 1919 feet, will
not necessarily cost over sl,5cO and the
Turnpike company is ready to do 1t for
the city for that sum.
w. w. Watson,
Attorney for the Turnpike company,