The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-24

Judge John i. Kelly, who Is hearing
in chambers the bill in equity brought
by Luther Keller to test the validity of
the ordinance authorizing the construc-
ton OF a viaduct over the West Lacka-
wanna avenue crossing of the Lacka-
wanna railroad. made u ruling Satur-
day morning which is of great import
ance.
1t will be remembered that at Fri
days hearing the defense raised the
contention that the PLAINTIFFS state
ment that councils had by passing the
viaduct ordinance exceeded the two per
cent. debt limit, was not true, for the
reason that an issue of S250,OO0 worth
of bridge bonds issued in 1894 was
authorized by Il vote of the people and
could not be counted in general state
ment of the citys Indebtedness made
to bear out the contention Of the plain
tif's.
In other words. it was contended that
councils had the perfect right to in
crease the city's Indebtedness up to
two per cent of the assessed valuation
without taking into consideration any
other increase of indebtedness which
might have been authorized by the
people. This point was raised by At
torney j. S. Clarke, of Philadelphia.
Attorney Ira II. Burns, representing
Mr.. Keller, vigorously opposed it on
Saturday morning and argued that IL
the entire indebtedness of the city was
equal to or more than two per cent. of
the assessed valuation. without regard
to how it was authorized. the councils
had not the legal right to go bevond
that limit one cent.
RIGHT OF COUNCILS.
Major Everett Warren and City
Solicitor Nosburg answered Mr.. Burns
and claimed that his contention was
plain Misrepresentation of the law, and
said that councils at all times had the
right to increase the citys debt to two
per cent. of the assessed valuation. pro-
vidina the total Indebtedness did not
exceed seven per cent. of the assessed
valuation, that being the constitutional
limit, beyond which a city's debt cam
not be increased by councils, the people
On anybody else.
Judge Kelly concurred in this view
and announced that councils, ,in his
opinion, have the right to make an in
crease themselves up to the two per
cent. limit. regardless of any increase
which the taxpayers may authorize.
The net indebtedness of the city of
Scranton when the last debt statement
of the city controller was filed in April
of this year was $4S5.471.9o. Two per
cent. of the last assessed valuation at
that time was $436397.S2, or $949.S7 more
than the indebtedness. If the $3.50, 900
bridges loan were subtracted it would
leave margin of just $250,949.S7 for
the construction of the viaduct.
The plaintiff will endeavor now to
prove that the damages resultant from
the erection of the proposed viaduct
would equal that amount. They have
also u number of technical points
raised against the ordinance to fall
back on.
Judge Kelly allowed the plaintiff to
amend the bill by adding the following
clause:
AN AMENDMENT.
"That this court will restrain the de-
PENDANTS, each and all of them. from
proceeding to construct the viaduct
until such time as the city shall have
filed such security for plaintiffs dam
ages as is required by law or shall have
agreed with the plaintiff thereon IIX-
ceptions to this amendment We're made
by the defense.
The case will be continued this morn
ing and will probably consume the en-
tire day
1t is understood that the intention of
the attorneys for the plaintiff is to
apply to court for the immediate ap-
pointment of viewers to assess the
damages done to property along the
route of the.proposed vaduct
This is in line with Mr. Keller's con-
tention and plea that the city should
settle the damages with him and the