The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-28

Street Commissioner Thomas yester-
day served notice on President c. d.
Simpson, of the Nay Aug Falls and
Elmhurst Boulevard company, that in
pursuance with the provisions of a re-
solution recently adopted by both
councils the company's toll-gate in
Nay Aug park must be removed at
once.
President Simpson received the no.
tice and later in the day informed a
Tribune man that the company, acting
upon the advice Of it's attorneys, Will
lard, Warren & Knapp. would not re-
move the toll-gate, leaving the matter
to be fought out in the courts. Just
what legal reasons impel the company
to this course will not yet be divulged
1t is understood, however, that just
at present the officials of the company
consider the resolution not binding, in
asmuch as a proposition made by them
to have the city buy that portion of
the road lying within the city limits
is now in the hands of the parks COM
mittee of select council and has not
been acted upon. II council should
consider this proposition favorably
and accept it then they would be re-
considering their former action in di-
recting the removal OF the toll-gate,
argues the company's attorney.
THE PROPOSITION.
This proposition of the company's,
as has been previously mentioned in
these columns, is that 1t will sell its
right of way through Nay Aug park,
including the bridge spanning the falls,
to the city for the sum of $1T,500, the
city in return to allow this right OF
way to be used by the company as an
approach to the boulevard.
II is known that some of the men,
bers of the park committee do not take
favorably to this plan, inasmuch as
they believe that the city has nothing
to gain by it, the city solicitor having
decided that the company cannot legal
ly collect toll within the park limits.
Should this proposition be accepted,
the city would have to keep the road
in repair mainly for the company's
use they argue.
The company, on the other hand,
contends that the city has no moral
OF legal right to take away its right
of way and bridge from it without CIV
ing any compensation in return, and
thus the matter stands for the present.
A new phase of the question was
brought up yesterday when City Solici-
tor Vosburg filed petition with court
| asking for a revocation of the license
| of the company. 1t appears that un-
der an act of 1874 all turnpike and
boulevard companies owning a road
over five miles long must take out Il
| license before it can collect toll from
the public travelling on that road.
HAD NOT COMPLIED.
In his opinion read in select council
on the evening Of June :, Mr.. Vosburg
| called attention to the fact that the
Elmhurst Boulevard company had not
| complied with the provisions of this
act az they had taken out no license
| and, accordingly, could not legally col
lect. The next morning, June s, the
| attorneys of the company applied to
| court for such license.
The court, in accordance with the
provisions of the act, appointed A. b.
Stevens, G. f. Backus and James f.
| Watkins as viewers to report as to
whether or not the road was in proper
with and on June II the license was
granted. In his petition Mr.. Vosburg
contends that no notice of any of the
| proceedings was given to any officia,
of the city, and that the first knowl-
| edge he had of such petition being
granted was obtained in the course OF
discussion between. himself and one
of the attorneys for the company up.
wards of two weeks after such license
was granted.
Mr.. Vosburg further contends that
the company had no legal right to ask
for a license to collect toll after hav.
| ing collected it for over eight years
or since the time of its incorporation
| in 1892. without one. He further con.
tends that the license was inadvertant.
| ly granted and prays that it be re
voked and that the permission granted
the company to collect toll be with
drawn.
TO PRESENT PETITION.
The petition will be presented to on,
of the judges in chambers this morn
ing
Major Warren said yesterday tha
Mr.. Vosburg'would learn that the com
pany ulun I necessarily nave TO notify
the city that it was going to take ou
a license.
In case court refuses to revoke tn,
license and the park committee doe
not consider the companys PROPOSE
tion, Mr.. Vosburg will apply to cour
for a peremptory mandamus compel
ing the company to remove the toll
gate.
QUINN WAIVED A HEARING.