The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-16

President Truesdale, of the LIackawan-
ma company. The great and urgent nee
essity of the erection of such struc-
ture was generally discussed and Mr..
Truesdale promised to confer with
President Clarke, of the Scranton
Railway company, and to submit in a
short time a definite statement of how
much both companies would contribute
to the erection of the viaduct.
No reply having been received from
Mr.. Truesdale, there were many who
arrived at the conclusion that the
Lackawanna people had decided to let
the matter drop. Not so, however.
During the months which have since
elapsed the best engineers In the COM
pany's employe have been preparing
elaborate plans of a suitable structure
and these were presented for the con-
sideration of City Engineer Phillips at
conference held on Tuesday in his
office in the Municipal building.
AT THE CONFERENCE.
Present at this conference besides
the city engineer were Chief Engineer
McFarlin, of the Lackawanna, ex-
Judge II. A. Knapp representing the
interests of both the Lackawanna and
Scranton Railway companies City
Solicitor A. A. Vosburg and Colonel F.
L. Hitchcock, chairman of the streets
and highways committee of the board
of trade.
Judge Knapp said that the companies
We're not as yet prepared to make any
definite announcement as to what the
companies would contribute. but he in
timated that they would construct the
viaduct, leaving the city to pay only
the damages. AS is well known, there
was an ordinance introduced soon af-
ter the reorganization of councils pro-
viding for the appointment of viewers
to assess the damages which might be
caused by the construction of VIA
duct.
The plan now is to have the city en-
gineer approve a set of plans for the
structure which shall be favorable to
both companies. Then the ordinance
| could be amended to provide for the
construction of a viaduct as per these
plans. In the meantime and before
| the ordinance would have passed, the
companies would submit an offer to the
city, presumably agreeing to stand the
| whole cost of the structure.
The plans which were presented to
City Engineer Phillips on Tuesday pro-
vide for a neat and ornate structure
| to run from Seventh street to Ninth
street and to clear the Lackawanna
| tracks by seventeen feet. The struc-
ture is to be supported on steel up
rights where it crosses the tracks and
on solid masonry walls on either side.
| The plans provide for a siXty-foot
roadway, to be paved either with brick
| or asphalt.
NET WITH FAVOR.
The plans meet with the favor OF
Engineer Phillips except as to one par
| ticular and that is, they provide for
the erection of the viaduct on the
southerly side of the street or sixty
feet south of the center of the street.
He stated yesterday that he would not
approve of such plan under any con-
| sideration.
| I'm willing to admit" he said yes
| terday, that l voted against the VIA
duct last spring just for this very rea-
son. BY erecting it on the southerly
side of the street you cause two sharp
turns from the main roadway of West
| Lackawanna avenue, both of which
could be avoided by putting your VIA
only this, but the city is forced to buy
outright twenty feet of property which
they would not have to If the viaduct
was erected in the middle of the street
from curb-line to curb-line, where it
rightfully belongs"
1t makes no difference to the Lacka-
wanna company whether the viaduct
is placed in the center or on the side
of the street, so that they will change
the plans as Mr.. Phillips desires them
and when this is done he will undoubt-
| edly approve of them.
The cost Of the structure itself is es-
timated at about S65,00O, while the dam
ages accruing have only been guessed
at. Some say $3.50 900, and others place
| the figure at 100000.
| Now. there Is a probability that in
case the two companies agree to pay
for the viaduct itself that there will
be no need of a special election to find
out whether the taxpayers are willing
to increase the city's Indebtedness or
not and that as soon as the ordinance
passes councils work on the structure
can be commenced Immediately.
LEGAL POINT RAISED.
|
raised by Judge Knapp. AS is well
known, there is an article in the con-
stitution prohibiting the councils of a
third class city from increasing the
debt of the municipality beyond a GER
tain fixed limit without the consent of
a majority of the taxpayers.
AS has been before mentioned, the
only thing the city will have to pay
are the damages. The point that Judge
Knapp raises is that these damages
would be unliquidated and arising ex
delicto would not constitute such a
debt as was contemplated by the franz
ers of the constitution when they fixed
a debt limit. This is a most interest
ing point and City Solicitor Vosburg
will no doubt, be called upon to decide
it for councils.
When the yiaduct matter was up be-
fore, the ordinance distinctly provided
for a contract to erect the Yiaduct and
in that case no question existed but
that the money to pay for the struc-
ture would constitute a debt.
1t is believed that the propositions
of the companies will be submitted at
next Thursday evenings meeting of
common council and that the ordin-
ance will be amended at that meeting.