The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-21

Testimony was taken before Judge
Archibald In chambers, yesterday, on
the rule to make permanent the tenn
porary injunction granted last Monday
restraining the city OF Scranton and
particularly Street Commissioner
Thomas, from interfering with the
workmen of the Providence and Abb
ington Turnpike company in making
| repairs on West Market street. City
| Solicitor a. A. Vosburg appeared for
| the city, and Hon. w. w. Watson and
| w. S. Dlehl for the company.
The complainant tried to show that
| the city has woefully neglected to full
| fill it, contract to keep in repair the
| portion OF the turnpike within the city
| limits. The city adduced testimony to
prove the opposite.
President II. Il. Paine, of the Turn
| pike company, testified that the road
| was not only In bad condition as to
| repairs, but positively dangerous to
| travel. He gave notice to the street
| commissioner, May 16, of the condition
| of the road, and when the city made
no move to indicate that It was ear
| nest in It's intention to make the neces-
| sary repairs, he with a gang Of work.
| men, on Monday last entered upon
| the street and proceeded to put 1t in
| condition. with the expectation of col
| lecting the cost from the city, as was
| done in u previous instance with the
authority of court. He also reCited
how the street commissioner, with "a
| squad of police, stopped him and his
| men, put them under arrest and ar
| raigned them before Alderman Millar,
who later discharged them, and how,
on Monday evening, he secured the
preliminary injunction from Judge
Archibald, and resumed the repair work
| under its protection.
Ex-Street Commissioner A. B. Dun
| ming testified that he found it neces-
sary to expend from 81 200 to 81 500 a
year to keep the road in anything like
decent shape during his two years in
office. lie examined the road recently
| and bell aved it would require much
| more than the amounts mentioned
above to place the road in good con-
| dition. as it has been allowed to fall
into a deplorable condition of unrepair.
Freeman Leach, John McNulty and
other Abingdon farmers gave testimony
tending to show what n bad and dam
gerous condition the road is in at pres
ent.
The city's first and only witness was
Street Commissioner Thomas. Through
| him, Mr.. Vosburg brought out that an
arrangement was recently made with
| the councilmen of the Third ward to
| use $500 of the ward appropriation to
| fix up the street while awaiting the
| $1,000 appropriation now on It's way
| through councils. He also told that
4 ,,A
ment funds has been spent on the road
| since the first of April. The city COM
menCed work on the road last Monday,
| he said, and If not estopped by the
| injunction would have continued i'm
proving the road till it was in salts
| factory condition.
Mr.. Vosburg offered in evidence a
| copy of the ordinance appropriating
| 81 900 for the repair of West Market
| street, which has passed two readings
| in common council and ia being hast
| ened through with all due diligence.
At Mr.. Vosburg's request, the hear
| ing was continued till o'clock Mon
| day afternoon TO give him an oppor-
| tunity to bring in fo;mer Street Com
| missioners c. II. Kinsley and p. j.
O'Boyle to give n statement of what
| expenditures they found necessary to
repair the road.
Judge Archibald announced that he
| had caused it to be entered of record
| that his finding would he based partly
on his own observations Of the condi-
tion of the road, made while acting as
a member of the prison board, when
| that body was casting about for de-
| sirable places to put the county Jail
prisoners to work
City Solicitor Vosburg will, today,
| file his formal answer in the case.