The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-17

West Market Street.
For the second time in his career
II. E. Paine, president of the Arlington
turnpike company, and now the COM
mon councilman from the Ninth ward,
was yesterday arrested and hauled
through the streets of tho city In O. pa
troll wagon, all because he started In
to repair the Arlington turnpike.
The friends of the impulsive Mr..
Paine have been endeavoring lately to
get him to hold back the repairs on
the road until the ordinance approp-
Rating money with which the city is
to do the repairing is passed Mr..
Paine wouldn't listen to their appeals,
however, and started out yesterday
morning bright and early to begin the
work of repairing or bust"
Now, Select Councilman Costello, of
the Third ward, is a bitter opponent
of Mr.. Paine and when he learned that
the latter had gang of men at work
Immediately came down town and
conferred with Street Commissioner
Thomas.
They agreed that Mr.. Paine had not
taken out a permit for opening up the
city streets and impeding traffic, in
accordance with the provisions of a
city ordinance, and the street COM
missioner, accordingly, went before
Alderman Millar and swore out a war;
rant for the arrest of Mr.. Paine and
his workmen, charging them with vio-
lating this ordinance.
The warrant was placed In the hands
of officers Saltry and Bloch, who drove
up to the turnpike in the patrol wagon
and took Mr.. Paine and the following
workmen into custody: George Ma
thias, Charles Zim, John Jennings,
Peter Gordon. Patrick McNally.
Charles Gaffney, Michael Glassen and
Michael Gross.
HAULED IN PATROL WAGON.
All were bundled into the patrol
wagon and driven to Alderman Millar's
office, where a hearing was forthwith
had. Attorney w. w. Watson repre-
scented Mr. Payne's interests, while
Street Commissioner Thomas conduct
ed his own case, stating that he didn't
believe in mixing up the city solicitor
in little thing like that.
Mr. Thomas was the first witness
sworn and he testified that he swore
out the warrant against Mr.. Paine
because he believed it to be his duty
to do so, Mr.. Paine having, to his be-
lief, violated a city ordinance in not
taking out q permit. He also an
nounCed that he had put some men at
work on the road himself yesterday
morning and that, therefore, Mr.. Paine
had no possible right to make repairs.
Mr.. Paine, who was by this time
very much in keeping with the wealth.
er, then took the stand. He stated he
had served notice upon the street
commissioner and the mayor that the
road was in bad repair, that the city
had made no effort to repair the road,
and that therefore the company must
do so. He stated that he had seen
none Of the street commissioners men
at work on the road.
John Jennings, one of the workmen,
was sworn, and testified that traffic on
the road was not impeded by the re-
pairs.
The alderman reserved his decision
until next Wednesday and permitted
the prisoners to so till then upon Mr..
Paine giving security in the sum of
500. The penalty for the offense Is
a $40 fine, so that Mr.. Paines security
covers everything.
ALDERMAN SAID HIM NAY.
AS soon as the alderman had an
nOunced that he would reserve his
opinion Mr.. Paine turned to his men
and said:
"Now, my men. you can go right
back to work without hindrance."
"Oh, no, they can't" broke in the
alderman. IF they start work again
they will be liable to re-arrest.
Street Commissioner Thomas came
back to his Office and Immediately
took a gang to work on the road,
Councilman Costello having agreed to
spend the last cent of his ward ap-
preparation before he would allow the
turnpike company to do bit of re-
pairing.
The street commissioner will keep n
few men at work every day now until
the ordinance appropriating funds Is
passed, and by this means will keep
Mr.. Paine from doing any work on
the road whatever, for as long as the
city does the repairing the turnpike
company can do nothing but look on.
That the ordinance will pass is now
practically assured. A special meeting
of common council will be held on
Thursday evening to pass it on Sec
ond and third readings and 1t will then
be sent over to select, which meets on
the same night.
The street commissioner was very
much surprised yesterday TO receive
from Mr.. Paine bill for $50 for work
done by the company during the month
of June. This work was the breaking
of stone to be put on the road and
was merely OF a preparatory nature.