The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-08
Of an article on this subject, 27 Amer & Eng
EnCy Of Law, p 1888.
VALIDITY OF CHARTER.


VALIDITY OF CHARTER.
The validity of a charter granting to a turn.
| pike road company the privilege of constructing
tollgate and collecting tolls, within the exist
| ing limits of a city, would be doubtful to say
| the least.
1t would hardly be contendcd that the state
| of Pennsylvania could charter a turnpike road
| company to build toll-road entirely within the
| limits of the city Of Scranton, and to collect
tolls thereon; and whether it be so located in
whole, or only in part is simply matter Of
degree.
| believe that such a charter would be in VIC.
lation of the rights of a municipality, acquired
| from the state by the several acts of assembly
| regulating cities of the third class.
There can be no question about the desira-
| blity of getting rid of toll-gates within the
city limits as was said by Coulter, Jr, in Storm.
| feltz versus Turnpike Company 13 Pa. 5jj:
| 'The constant passage of drays, wagons, carts
| and other vehicles from one part of the city to
another, in pursuit of business, trade agriculture
and commerce of the country requires that the
streets be open.
'In many places the stoppage to pay tolls
| would block up and stop the streets, and as the
| toll-gatherers would have to seek shelter from
| the vicisstudes Of the weather, a barrier would
at times be iItcrposcd with person at hand
| to pen it."
1t seems to me that this reasoning applies
| with equal force to the case now under con-
| sideration, where a toll.gate is located in the
| heart Of the one particular beauty spot of the
| city, and without any apparent necessity for it,
as all teams driving over this boulevard for any
| distance would necessarily pass through toll
| gate which could be located just outside the
| CITY limits.
| 1t is true that the boulevard company has pur.
| chased right of way one hundred feet wide.
| but the deed under which they acquire it, limits
| its use to that of "a right of way for a boue-
ward, which may consist of driveways, bridle-
! paths and bicycle paths" There is no suggestion
| that it is to be used as a toll-road The deed
| under which the city of Scranton took the land
| now used as Nay Aug park contained provision
| that it should not be 'rented or sold nor used
| for any other purpose than as a free open park
| forever"
| NOT A FREE OPEN PARK.
| II is difficult to see how it can be considered
| 'free open park" when toll is collected for
driving through a portion of it. It is hardly to
| be supposed that the authorities of New York
| city would allow toll to be collected by a pri-
yate corporation from those driving through Cen.
tral Park, or that the city OF Philadelphia would
| be tolerant of like use of the driveways of
| Fairmount park; and it seems to me that the
| city of Scranton should be equally solicitious
of the rights of the general public SO far as they
| are invaded by this company.
| | would therefore advise that the street COM
missioner be directed to notify the officials of
| the Nay Aug Falls and Elmhurst Boulevard com
| pany to remove their toll.gate and tol-gatherer
from Nay Aug park; and in case they neglect
or refuse to do so that the taking of tolls within
| the limits of Nay Aug park in the city of Scran-
| ton be prohibited and prevented