The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-25

Another half day was spent yester-
day by Judge John =. Kelly in hear
Ing the testimony and the arguments
thereon in the equity suit which
Luther Keller has brought to test the
validity of the West I.ackawanna ave-
nue. viaduct ordinance, and particular
ly what security the citizens whose
properties are to be damaged will have
in the way Of Naturalization.
The plaintiff. through Attorneys
Burns and Streeter. still has the floor.
Yesterday the plaintiffs side devoted
itself entirely to piing up the city's
Indebtedness, In an effort to show that
the proposed expenditure added to the
present indebtedness will increase the
city's liabilities beyond the two per
cent. limit.
In view of Judge Kelly's decision,
Saturday. that the $250,000 worth of
bonds issued with the consent of the
people can not be considered in arriv-
ing at the n 1rgin still left for the eX-
pansion of the debt without a vote of
the people, the task of the plaintiff was
made extra arduous.
Deputy Controller Charles a. Hart
ley was the only witness examined.
Mr.. Burns was trying to have him
show what the floating debt amounts
to in the way of judgments and incl
dentals. but as no preparation of
this evidence had been made, Judge
Kelly advised out of considera-
ton for tme-saving, that adjourn
ment be made ill Wednesday morn
ing and that the witness in the mean
time go owe: the books and get this
information tabulated in convenient
form.
THE INDEBTEDNESS.
Mr.. Burns had the city debt up to
more than half million. but by SUBJ
tracing the moneys and bt nds in the
sinking fund and the cash in the treas
ury or due from collectors, and by sub
tracing the $25O00O bridge bonds and
other liabilities, which the defense
claims are not computable in figuring
on the two per cent. limit. Major War
rem and City Solicitor Vosburg sue
ceeded in cutting down the apparent
indebtedness to about $1S5.000
To render unnecessary another hear
ing. in case the Saturday decision
should be reversed. Judge Kelly an
nounced yesterday that he would hear
the evidence of the plaintiff on that
point.
At the hearing of the case yesterday
morning. Mr.. Burns presented the fol-
lowing petition from Conrad Wenzel
one of the abutting property holders
asking for the appointment of viewers
to assess the damages before the via
duct work is begun:
THE PETITION.
In Re: Damages caused by construction OF via.
duct on West Lackawanna avenue, Scranton.
To the honorable Judges Of the Court OF Com
mon Pleas of Lackawanna County.
Your petitioner respectfully represents that the
city of Scranton has ordained the construction
of viaduct on West I.ackawanna avenue. over
the tracks of the Delaware, Tackawanna and
Western railroad. a copy Of which ordinance is
hereto attached
Your petitioner is the owner of property
abutting on said viaduct and is interested in said
improvement by reason of the fact that the
said construction of the said viaduct will largely
damage his said property, and which damages
have not been agreed upon by your petitioner
and the city of Scranton.
Your petitioner therefore prays this court TO
appoint three discreet and disntercsted freehold.
viewers to appraise the damages sustained
by yonr petitioner and other parties interested,
and he will ever pray, etc. Conrad Wenzel.
Judge Kelly took the petition. and
will consult with the other judges be-
fore passing upon it finally.