The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-05

The threatened war between the
Scranton Railway company and the
ly-organized Connell Park and
Speedway Street Railway company,
which has just secured franchise al
lowing the construction of q line over
certain streets of the city, has at last
come to an issue.
Attorney Everett Warren, represent
ing the first named company, has just
filed a, petition with Attorney General
Elkin at Harrisburg, asking that
writ of quo warranto be granted, call
ing upon T. f. Penman, NJ. e. McDon-
aid. A. p. Bedford Charles c. Mates
and Herman Osthaus, the directors of
the new company, to show cause why
their charter rights should not be
taken from them and their charter
forfeited.
The petition after explaining at
length that the Scranton Railway
company has absorbed all the charter
rights of the Valley Passenger Rail-
way company proceeds to show what
the rights of that company were. This
company had the right to construct
tracks on Spruce street to the Roar
ing Brook bridge, on Adams avenue
to the intersection of Front street,
on Moosic street and Pittston ave-
nue., on Prospect avenue between
River and Hemlock streets, also on
Adams avenue from Spruce street to
Lackawanna avenue, also on Ridge
Row from Lackawanna to Monroe
avenues, also on Linden street from
Webster to Prescott avenues.
SECURED PERMISSION.
Permission was subsequently Sc
cured from the municipal authorities
by ordinance to construct tracks over
these streets and tracks were accord
ingly constructed on Spruce street to
the Roaring Brook bridge, on Adams
avenue to the intersection of Front
street and on Moosic street and Pitts
ton avenues. The petition further
states that the Peoples Railway COM
pany, otherwise known as the Scran-
ton Railway company, have construct
ed tracks on Lackawanna avenue
from Adams avenue to Ridge Row
and from Ridge Row to Jefferson ave-
nue..
The Scranton Railway company ac-
cordingly has still the right, urges the
petition, to construct lines on Adams
avenue from Lackawanna avenue to
Spruce street and also on Prospect
avenue from River to Hemlock street.
1t is then explained that a charter
has been granted the Connell Park
and Speedway Street Railway COM
pany, under the act of May IA, 1889,
section l of which reads: ANY num-
Der of persons, not less than five, may
a
constructing maintaining and operat-
ing street railway on any street or
highway upon which no track is laid
or authorized to be laid or to be ex-
tended. BY section IA, as amended by
the Act of May 81, 1895, it is provided
that any passenger railway company
may use the tracks of any other ex-
isting company, with municipal per-
mission, for a distance not to exceed
2,5G0 feet.
ARTICLES QUOTED.
Article Of the articles of associa-
tion of the Connell Park and Speed
way Street Railway company is then
quoted. This states that the road of
the latter company shall not be eX-
tended except where the track of the
Scranton Railway company will be
used for a distance of $500 feet. The
petition goes on to say:
After article four of the articles
Of association of the Connell Park
and Speedway Railway company
there follows a description of the pro-
posed route which includes inter ALA
all of the portions of the railway lire
of your petitioner where it's track is
laid or authorized to be laid or to
be extended, which are specifically
described above, The said separate
portions of the line of your petitioner
which conflict with the proposed line
of the defendants aggregate some-
thing over 5000 feet. Their charter is
on this account null and void.