The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-09-02

BY this morning the loop of the
Scranton Railway company's line lead
ing to Nay Aug park will be completed
and cars will be run to and from the
park via Mulberry street, Arthur ave-
nue. and Olive street.
Last evening the loop was completed
with the exception of the connection at
Arthur avenue and Olive street and
this will be put in place this morning.
Cars were run on the Mulberry street
and Arthur avenue tracks yesterday.
The injunction secured Thursday af-
ternoon at Lake Ariel from Judge f.
w. Gunster, announcement of which
was made in yesterdays Tribune, was
served yesterday morning upon Mayor
James Moir and Immediately after
wards the Street Railway company
sent force of men to the scene OF the
construction operations and work was
resumed. Tuesday has been fixed as
the time for the hearing in the case.
The bill in equity filed in the case re-
lies mainly on the following agreement
with the Lackawanna Iron and Coal
company:
THE AGREEMENT.
This agreement entered into this 10th
day of August, 1893, between the Lack
awanna Iron and Coal company of the
first part and the Scranton Traction
company of the second part:
Witnesseth, that the Lackawanna
iron and Coal company, in considera-
tion of the covenants on the part of
the party of the second part, herein
after contained, doth covenant and
agree to and with the said Traction
company to grant the right of way to
single track railroad over the land
Of the said party of the first part, as
follows, viz:
Along the center line Of a proposed
extension of Mulberry street, from the
center of Harrison avenue southeast
erly to the center of a proposed street
called Arthur avenue, thence north
east along center line of said avenue
to the division line Of lands If the
Lackawanna Iron and Coal company
and the so-called Beckett estate.
And the said Traction company, in
consideration of the covenants on the
part of the party of the first part. doth
covenant and agree to and with the
said LaCkawanna Iron and Coal COM
pany that they will grade Mulberry
street from Prescott avenue to Arthur
avenue, and Arthur avenue from Null
berry street to the said division line to
width of thirty feet on each side OF
street
arthur avenue, in accordance with
grade lines to be furnished by the city
engineer.
FACTS SET FORTH.
The bill recites that under the agree
ment large sums of money were ex-
pended by the company in grading the
streets. The agreement is binding at
this time, it is urged, for the reason
that the city never accepted the streets
on which the company has laid tracks
or desires to lay them.
The plaintiff alleges that the councils
passed an ordinance on April |, 1897,
granting to the CrOsstown Street Rail-
way company the right to lay its tracks
on Mulberry street from Prescott ave-
nue. to Wheeler avenue. On Jan. /,
1895, they also passed an ordinance
granting the Valley Passenger Rail-
way company the right to lay their
tracks up Mulberry street to Arthur
to Gibson.
The rights Of those two companies
are now vested in the Scranton Rail-
way company as are also all the rights
or the old Scranton Traction company,
The ordinances stated that their
rights should be forfeited unless the
tracks were laid in two years, but the
fact that the city declared no for
feiture is taken by the company to
mean that the ordinance is still in
force.
The city officials were at first dis
posed to secure a counter Injunction
to prevent the work of construction,
but after some consideration decided
not to do so. Mayor Moir said yes
terday with reference to matter:
WHAT THE MAYOR SAYS.
ut was decided not to apply for an
injunction to prevent the Scranton
Railway con. pany from completing the
work of constructing the loop because
it may be Of some convenience to the
public during the next few days. The
city's rights are preserved you know.
If the court decides that the company
had no right to construct the loop the
track will have to be torn up.
"At all events this controversy has
done one thing. 1t has aroused the
councilmen, and l am confident that
within short time the necessary leg
islation will be passed taxing the com
pany reasonable sum for the valu-
able franchises it has received from
the c!tv."