The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-14

1t Is considered very probable
that the ordinance appropriating 81 900
for the repair of the Abingdon turn
pike will pass both branches of the
council, now that the city solicitor has
so clearly pointed Out the legal status
of the case.
There is no one 10 deny that the
road is at present in an extremely de-
plorable condition and that 1t should
be repaired by some one. The city,
by the terms OF it's contract, which
the supreme court has declared legal,
is bound to keep the road in repair,
and 1t can be seen that the majority
of the councilmen are beginning to
look on the question from this common
sense point of view.
1T doesn't make any difference
whether the terms of the contract are
good or bad" said Luther Keller, of
comtnon council, who favors the pass
age of he ordinance, cor whether the
road Is going to be condemned. The
contract says that the city must keep
it in repair and that's what should be
done
Those who favor the passage of the
ordinance are using their influence on
President Paine of the turnpike com.
pany in an endeavor to have him hold
off the repairs which the company
contemplate making until the fate of
the ordinance is decided. There may
be trouble in doing this, however. Mr..
Paine said yesterday:
CONDITION ABOMINABLE
"The condition of that road at pres
ent is abominable. Wagons are being
broken on it and people are having
their lives jolted out on it every day.
The fact that it hasn't been repaired
is a disgrace to the city, disgrace to
the councimen, a disgrace to the
street commissioner and a disgrace to
the mayor.
THE company has been waiting and
waiting for the city TO do some repair
ing for long time now and we're not
going to wait much longer, 1 can tell
you. We've got $50 tons of rock
broken up and ready to put on the
road, and we're going to put it on
pretty quick"
Mr.. Paine contends that, under the
law, the turnpike company is the
judge rs to whether the road is In
good repair, while City Solicitor Vos-
| there being no express statement, the
courts alone can decide this question.
Mr.. Paine is so firm in his belief, how
ever that he doesn't ray any atten-
| ton whatever to Mr.. Vosburg's views.
In the meantime 1t is expected that
| condemnation proceedings will soon
| begin. The resolution directing the
city solicitor to act as attorney for
81, 4, I,a .1,A 4
| lect council, but may meet with trou-
| BILE in common on account of a tech
nical defect. 1t appropriates the sum
of $500 Cor legal expenses, whereas a
rule of councils provides that no
money can be appropriated except by
| ordinance.
| CIRCULATING PETITION.
The petition asking for the appoint
ment of viewers is being circulated by
| Select Councilman Costello. of the
Third ward, who introduced the reso-
luton. Mr.. Costello has long been op-
poed to the existing order of things
relative to the turnpike and will make
an active fight for condemnation.
If the road is condemned. however,
it will not be done very easily. The
turnpike company will undoubtedly
! fight condemnation proceedings to a
finish. President Paine would not
make a statement yesterday concern
| ing just the legal grounds on which
the company will oppose.
He didn't seem to take the matter
very seriously, however. "Mr Costello
and these other gentlemen will find
said he. before they get very far into
this thing, that they can't go any
| farther"