The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-22

street, and granting permission to street rail-
way to occ,lpy two Of the public streets of the
city.
(b) Only ono oi these subjects Is expressed
clearly IN the title Of the ordinance.
,,) The city of Scranton has no power IT, enter
into contract for the construction oi an I'M
provcmcnt tor the benefit Of private corporations
and taking bond from such corpo'aiions Tor re-
endorsement Of the cost of the same.
I'D The ordinance proposes to raise She giadc
OF q longitudinal portion Of Lacknwanna avenue,
{, wit: the portion between the curb line OF
that section of Iackowanna avenue occupied by
the vinduct leaving the sidewalk on the prcsen,
grade This Is not authorized by law and
would completely shut off your orators property
iron, any connection with the street.
DEBT OF THE CITY
Fi,h--Nonr orator IL informed and believes
that the debt of tho city OF scranton is already
cnual to 9 Ter cent. OF its assessed valuation and
the city cannot br further obligated without the
consent of the electors thereof at an election
duly had for that purposr. The assent haa
not been obtained on the contrary it has
bccn twice attempted and OH both occasions uhs
been refused. The construction ct this viad'ct
would caisc damages that would increase ,l'
debt OF the city of scranton more than one hun
drcd thousand dollars and IN direct violation
Of law. The construction of the viaduct being
by contract with the city will also increase the
debt to the amount OF the contract price AMI
without any authority of law. II such increase
Of debt should not be adjndged illegal untl
after the construction of such viaduct. IL would
wholly deprive your orator of any means OF coll
Letting his damages from the city
sixtl,.-rhc ordinance on its face rurports to
be ineffective until the city solicitor shall give
IL validity by approving the bond TO he given
by the two railway companies before mentioned.
and until the engineers OF such companies shall
approve the plans and specifications for such
work. Such legislation by the city authorities
is wholly illegal and void
Scvcnth-@'rhc ordinance aforesaid il carried
out. will cause great and irrcparablc injury to
your orators property for which hc has no adc-
luatc remedy ut law. 1t makes no provision for
securing to your orator compensation for such
injury, as provided by law and the constitution
of this commonwealth. Your orator is further
informed and believes that 1t is the intention
Of the saiu city to proceed with the coistruc.
,on OF said ,iauct without first securing 20
yo,r orator compensation for the injury thereby
caused.
Eighth--.No appropriation has been made for the
expenditure contemplated by the above ordin.
ancc.
Your orator therefore pravS:
First.--'rhat this court declare and decree the
above stated ordinance null and void
Sccond-That an injunction may issue restrain
ing the said defendants each and all of them,
from further proceeding under the provisions OF
said alleged ordinance and from further ncrcas-
ing the city debt without the consent of the
electors of the city Of Scranton first had and oh.
tancd.
| Thrd--For such other and further relief as
to the court may appear lust and proper.