The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-07-08

| TH OF THE DUNN SpRfNKLING
FRANCHIsE-NEw FIRE LIMITS.
Mayor Bailey's nomination of p. ].
OBoyle for street commissioner was
confirmed last night by select council.
The nomination was reported favor
| ably by the streets and bridges COM
| mittee through its chairman, Mr.. Lam
sing, whose name, however, was not
affixed to the report. The confirmation
| was made by vote of 16 to 4, Messrs.
wagner. Sanderson. Lansing and Chit
tenden voting negatively. Mr.. Coyne
was the only member absent.
Both branches of council were in ses-
| sion, the select in regular and the low
er body in adjourned session.
1t was expected the Lackawanna tel
| cphone franchise amendments would
be called up for reconsideration in the
| select branch, but this was not done.
| 1t was the last opportunity for such
a course. The ordinance must now suf-
| fer its fate according TO rule at the
| hands of conference committee of
| members who voted against the
| amendments.
| In select council from City Solicitor
Mckinley was received an opinion as
follows, on the rights of the city to
repeal the street sprinkling franchise:
Scranton. Pa, July T. 1895.
| TO the Honorable the Members OF the
| Select Council of the City of Scranton.
Gentlemen: Referring to ordinance file
| of select courcil No rs, 1898, prohibiting
| the sprinkling of streets and imposing
| fine of SO for each violation. and your
| request for an opinion as to the liability
| of the city to Dunn Brothers under Or
| dinance file of common council No IS,
granting them the right to sprinkle
streets would say:
CANNOT BE REVOKED.
That the last nemed ordinance giving to
Dunn Brothers the right to sprinkle
streets taken in connection with their ac-
| ceptance of the same, furnishing the bond
| therein requiI ed. expenditure of money
| for horses, carts and other sprinkling
| equipment, Constitute a contract pe-
| tween the city and the Dunn Brothers
| that cannot be revoked by the city at
will without liability for compensation in
| the way of damages. Regarding a similar
proposition Chief Justice Gibson in Rer-
| ick VS.. Kern, IA S. a. K. 27l, stated, "a
| license may become an agreement on val
| liable consider3 tion: as where the en-
| joyment of it must necessarily be pre-
| ceded by the expenditure of money; and
| when the grantee has made improve
ments or invested capital in consequence
| of it, he has become a purchaser for
valuable consideration. Such a grant is
| a direct encouragement to expend money,
| and it would be against all conscience
| to annul it, as soon as the benefit expect
| ed from the expenditure is beginning to
| be perceived" This is the doctrine also
in Young VS.. Glendenning. w. 500: Big
| Mountain Improvement Co.'S Appeal, 81
| Pa 81; TroXwell VS.. Lehgh Iron Co.. AZ
| Pa 513; Richard vs. Elwell, As Pa. 36;
| Huff VS.. McCawley, SO Pa. 2O6; Moss VS..
| Culver, Ga Pa. 42i; Graham VS.. Craig. 81
Pa. 46o: Schney VS.. Scha aeffer. 1870 Pa. 81.
III accordance with the foregoing de-
cisons it woulG be Inconsistent for the
city to pass an ordinance which would
| impose penalty upon Dunn Brothers
| for exercising right which the city 10y
| ordinance granted to them under which
| ordinance and upon the faith there D
they have by the expenditure of money
| and the acquisition of the necessary
| sprnklng apparatus obtained vested
| rights. | am, therefore, of the opinion
| that the ordinance row being considH' ed
| by your body prohibiting the sprinkling
| of streets would be invalid and mop
| erativc as to Dunn Brothers.
ANOTHER OPINION ASKED.
The opinion was received and the
| city solicitor, on motion of Mr.. Sander
son, was requested to furnish a further
| opinion as to the length of time the
| franchise will be operative.
The select council ordinance extend
| ing the city's fire limits passed third
| reading after amendments offered by
| Mr.. Sanderson had been adopted pro-
| 4 fp, f,,,
limits. As amended, the area in which
the building of combustible structures
will he prohibited is as follows: From
the Delaware, Lackawanna and West
ern railroad bridge along the east bank
| of the LackaWanna river to Vine street
to Wyoming avenue, to Pine street, to
| Washington avenue. to Gibson street
| to kressler court, to Mulberry street
to Jefferson avenue to the Delaware,
Lackaw wanna and Western tracks to the
| river.
The fire department committee re-
ported ahirmatively on Mayor Bailey's
removal of Fl. w. Stock, stoker of Nay
| Aug Engine company. The removal
was confirmed as was the mayors ap-
pointment of George Surdam as Stocks
| successor.
| The mayors nomination of John J.
| Flanaghan to be inspector of the Dix
| court brick pavement was confirmed
| The sewers and drains committee re-
| port was adopted providing that ac-
| tion on the resolution awarding to V.
| II. O'Hora the contract to construct
Section b of the Fifth Sewer district
be POSTPONED until such time as the
| courts shall give a decision on the
| South Side case now pending
NEEDED IMPROVEMENT
| A much needed improvement in the
| business district is to be performed
under a resolution introduced by Mr.,
Melvin, of the Eighth ward, and adopt
| ed, directing the city engineer to pre-
pare plans and estimate of cost for a
| sewer basin and an elevated crosswalIi
on the northeasterly corner of Wyom-
| ing avenue and Spruce street and an
| ordinance. which was referred 70 COM
| mitteC, providing for transfer OF
funds to pay for building the basin and
| elevated crosswalk
| The proposals of Nicholas & Co. and
| Albert Zeam to build n culvert in Mt.
| Pleasant ravine east of Main avenue,
| for 1863 and 500, respectively, were re.
ferred to committee. For LAYING flag.
stone sidewalks on West Linden street
between Ninth and North Main ave-
| nue., proposals were received as fol-
| lows and referred to committee with
| instructions to award the contract to
the lowest responsible bidder: w. ].
| Hnrke and S. Kiesler - cents per
square foot; James McNally, IA cents
per square foot.