The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-07-24

Ile RDlnBtOn TURNPIKE company s
work of repairing West Market street.
was yesterday continued till further
order OF court, by President Judge
Archibald
This means that the company will
go ahead with the repairs till it puts
the road in a satisfactory condition
and then submit to the city claim for
the expense thereof. The city, in the
meantime, will also continue the repair
work 1t has begun, with the intention
Of fighting the matter further when
the case comes up for final hearing in
equity court and with the secondary
purpose of minimizing the turnpike
company's bill, should IL come to pass
that the city will be called upon to
pay it, as it was four years ago, un-
der similar circumstances.
Judge Archbald's order was made
yesterday afternoon. at the conclu-
sion of the second hearing on the rule
to continue the preliminary injunc-
tion granted one week ago yesterday.
Former Street Commissioners =. J.
O'Boyle and c. r. Kinsley were called
by the city to testify as to the amount
of money they expended annually in
keeping the road in repair, and also
to tell as experts that the work the
city is now doing on the road is not
only of a good, substantial character,
but superior In many respects to that
being done by the men employed by
the turnpike company.
O'BOYLE'S TESTIMONY.
Mr.. O'Boyle testified that he spent
$1,000 on West Market street during
the two years he was in office and that
this amount was sufficient to keep
the road in reasonably good repair.
Mr.. <insley could not tell what
money was spent on the road during
his two years in office. Both said the
city is doing better work on the road
now than the company is doing.
EX-Street Commissioner A. B. Dun
ming and County Surveyor f. f. Ste
venson, as witnesses for the turnpike
company, gave testimony diametrically
opposite to that of Messrs O'Boyle and
Kinsley regarding the comparative
worth of the repairs now going on,
and President Paine told at length,
how the city repairs are practically
worthless and how the repairs he is
making are all that could be desired.
Mr.. Kinsley testified that $1,000 was
amply sufficient to put the road in
good repair. Mr.. Stevenson thought
twice that much would scarcely be
enough.
When the taking of evidence had
been concluded Mr.. Vosburg asked to
have the matter disposed of finally,
but the other side did not acquiesce.
He also asked to be given time to
make an argument but Judge Arch
bald did not care to hear him. In
making the order, Judge Archibald
said:
1T seems to me there is no serious
difficulty here. The roadway is out OF
repair and has been for a considerable
period of time. The roadway belongs
to the Turnpike company and the
company is under obligation to the
public to keep it in good condition,
and that obligation it cannot escape.
AGREED TO KEEP IN REPAIR.
"By an agreement between the COM
pany and the city, the latter in con-
sideration of the removal of a toll-gate
to a point outside the city limits, has
undertaken to keep the road in proper
repair, as far as it extends through the
city. If the city doesn't do it, the
company has right to supply the ne
glect and charge the cost up to the
city, as the arrangement with the city
does not relieve the company from its
obligation to the public.
II can't understand or have much
patience with the action of the city in
this matter. l can't see why the city
interferes with the company making
these repairs. l will not say that the
city officials have arrayed themselves
against the company. No one appears
here except the street commissioner
and a councilman, who under the vic
ious system in vogue in this city of
expending ward appropriations is in a
position to advance or withhold money
for the repair of the street.
"Mr. Thomas testifes that the coun-
Gilman loaned him $500 with which to
make the repairs. Even at that, he
has not done anything towards expend-
ing the money until very recently, al
though the road has been out of re-
pair for more than six months. Moth
ing was done when the notice was
given six weeks ago, and the city only
moved in the matter when the COM
pany did.
"Under the city's own statement of
the case there is only $500 available for
these repairs. am satisfe $500 will
be needed to do the work. The 81, 900
for which provision is
made in an ordinance now pending is
not assured. If it should come. I trust
it will be placed at the disposal of the
street commissioner.
CITY MUST PAY.
81 can't see why the city officials
should array themselves against the
Turnpike company making the repairs.
The city must pay for them, anyhow.
can't understand why police were
sent there to prevent the work. My
view of the law applicable to
this agreement is that II the city fails
to do the repairing after due notice of
the necessity of repairs, the company
has n right to go on the road and
make the repairs at the city's expense.
The company is entitled to so on with
the work 1t has begun and to go on
without interruption from the city.
The preliminary injunction heretofore
granted is continued till further order
Of court"
The answer of Mr.. Vosburg TO the
injunction petition was filed yesterday
In Prothonotary Copelands office. 1t is
in substance as stated in yesterdays
Tribune. After denying that the road
is In a dangerous condition, the answer
sets forth that the city is repairing the