The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-16

Mountain other than through the park,
1t will have to abandon its scheme of
a scranton-Elmhurst trolley road. City
Solicitor Nosburg declares positively
that the grant by which the park came
into the posse ssion of the city forbids
its being used for any other than park
purposes, and upon the receipt of this
intelligence at its meeting last night,
select council without comment or dis
sent voted to Neutrality-suspicious. ac-
tion on the ordinance which sought to
give the company . right of way
through various city streets and alorS
the edge of the park.
The death blow was delivered in TIE
following communication.
Scranton. Pa, Feb. TO- 1860.
To the Hone rablc, the Members of the
Select Council of the City of Scranton.
Gentlemen: At your request l have
examined the deeds to the city of Scran-
ton for the property now used as Nay
Aug park. and find that this property
was conveyed to the city "for a free,
open park, and for no other use. intent
or purpose whatsoever"
This being the case, the city of Scran-
ton cannot give any street railway COM
pany n franchise to use the land within
the park conveyed to the city under such
restrictions. The line of railway must
be modified SO as to make 1t pass over
streets, and not acrcss the land devoted
to park purposes.
Very truly yours,
A. A. Nosburg, City Solicitor.
DEFECTS IN ORDINANCE.
Fatal defects in the ordinance for
the opening of Wyoming avenue, be-
tween Olive and Ash streets. were also
found by the city solicitor, to whom it
was referred by the selectmen at the
last meeting. He points them out in
the following communication:
Scranton, Pa. Feb. 10, 1900.
To the Honorable, the Members of the
Select Council OF the City of Scranton.
Gentlemen: l have carefully examined
the ordinance providing for the grading
of Wyoming avenue (iile OF common
council No. Il, 1890, and find that 1t will
require amendment before 1t can legally
be enacted. Under the provisions Of the
act of 1899, in case of grading. the as
sessments must be made according 10
benefits. and this rule has not been
changed by the act of 1891. See Hand VS..
Fellows, 14S Pa. SAG.
Therefore there should be a provision
in this ordinance for the appointment OF
viewers to make the assessment accord
ing to benefits. There should have been
a petition of the property owners whose
property abuts upon the street, asking
for this Improvement, presented to the
councils before the introduction of this
ordinance; and l see no way of curing
this defect except by making a further
provision that this ordinance shall not
become effectual until such property own
ers shall have signed paper Waiving
any defence against assessments by rea-
son of the fact that such petition was
not presented. Very truly yours.
a. \. Nosburg, City Solicitor.
Amendments that will cover these
defects were prepared by the solicitor
and entrusted to Colonel Sanderson.
chairman of the streets and bridges
committee. Mr.. Roche called the or
dinance up on third reading and in
committee of the whole the amend
ments as presented by colonel Sander
son were unanimously adopted. An
agreement by motion. was also made
to meet again tonight to pass the or
dinance as amended.
FOUND A FLAW IN IT.
Another fatal defect in the ordinance
of Wyoming avenue. Ash street and
Oakford, Forest and Breck courts was
discovered by the mayor and once
more he vetoed it. The section provid-
ing for the inspection reads: 1.-The
mayor shall nominate and select coun-
Gil appoint" etc. To this His Honor
objects, saying it should have read
'The mayor shall nominate and with
the consent of select council appoint
etc, so that it will conform to the
language of the act.
Mr.. Roche, the promoter of the or.
dinance, too occasion to remark tina,
it seemed to him the mayor was very
Jealous in looking for flaws in this
particular measure. when he vetoed
1t before" Mr.. Roche said, lit was
because part of the sewer extended
through private property. This caus,
of complaint was removed and the or,
dinance again passed both councils
! Now the mayor finds another flaw IL
it, He seems simply bent on defeatini
| this ordinance"
The technical defect. however, causet
the death of the measure. The mayor,
veto was sustained.
MI. schroeder introduced an ordin
ance giving the city's acquiescence II
the transfer direct of the land of tht
Dickson Manufacturing company
which the city bargained to secure anc
| give to the Delaware and Hudson com
pany in exchange for the land of tht
railroad company which was taken 20
the opening of Wyoming avenue.
The ordinance further authorizes tn,
railroad company to relocate it's track!
| on the new strip, and to maintain 1t.