The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-26

Should to Assess Damages for
Which County Would Be Liable.
Brief Resume of the Whole Cues
tion Since It's Inception.
At the next meeting of select coun-
Gil it is understood that a resolution
will be introduced directing the city
solicitor to present an appeal to court
asking for the appointment of q jury
to condemn the Abingdon turnpike and
assess the damages which might be
caused by such condemnation.
Should this condemnation result, 1t
will PUT an end for lifetime to a ques-
ton which has been productive of a
vast amount of litigation and which
has caused the heads of at least two
city solicitors to turn gray. 1t has
also been the cause of not q little bit
of bad feeling between President II. T..
Paine, of the Turnpike company, and
c. r. Kinsley, q former street COM
missioner.
The act of assembly governing such
condemnations provides that only the
whole turnpike, and not merely a part,
can be condemned. AS only a portion
of the road lies within the city limits
the county will, of course, be liable
for all damages. The resolution to be
introduced will direct the city solicit
tor to present to court, at the expense
of the city, petition signed by a
sufficient number of citizens of the
county, asking that the road be con-
demned. This petition is now being
circulated
MODE OF PROCEDURE.
Court, upon receiving this petition
may, at its discretion, appoint mas
ter, six jurymen and a stenographer,
who shall hear testimony for and
against a condemnation. The jury, af-
ter the testimony has all been taken,
shall decide whether or not the road
shall be condemned. If they decide
that it should be condemned, they are
to asesss the damages to be paid the
company and file statement of the
same with court.
The Providence and Abingdon Turn
pike company was incorporated in
1854 and was authorized to construct
a turnpike from what is now known
as the Corners" in North Scranton
to the village of Waverly. The road
was completed in 1854 and in 1866 the
city of Scranton was incorporated and
from third to one-fourth of the
turnpike road came within the limits
of the city.
In 1889 the Turnpike company locat-
ed two toll gates along the line Of its
road within the city limits. The gates
| occasioned great inconvenience to citi-
zens travelling from one part of the
| city to another. A controversy arose
between the city and the company,
| which was finally compromised.
This compromise was in the shape
of a contract entered into between the
company and the city by the terms
of which the city agreed to keep the
greater part of the road within its
| limits and through and beyond that
portion of the city along the turnpike
| which is built up or improved with
| buildings, in such repair as the COM
pany was obliged by law 70 keep 1t.
| The company by the terms of the
| contract, was to remove the toll gates
| from that portion of the road repaired
| by the city. The last clause of the
contract provides that it is to be per-
petual.
SUIT WAS BEGUN.
The city for the first few years did
| not repair tie road or comply with
the terms of the contract and the COM
pany accordingly instituted a suit in
| assumpst to recover the cost of re-
pairs which it was alleged it had made
upon the road. 1t will be understood
| that by the terms of the contract, If
the city did not repair the road the
| company was to do so and charge the
| bill to the city.
| The lower court reserved the ques-
tion as to whether the contract was
| legal and submitted the case to the
jury, which found a verdict for the
company in the sum of $2,200.49. Sub
| sequently court entered judgment for
| the company upon the verdict, having
decided the contract was binding.
| The city took the case to the Su-
preme court, contending, among other
things, that the city had no right to
impose taxes for the Improvement OF
a turnpike road which is essentially
a private way; that the contract was
void, as it was made perpetual, and
| precluded further legislation upon the
| subject, and finally that it was In di'
l
constitution by which legislation is
prohibited which authorizes a city tc
| appropriate it's money or loan its creul'
| to a corporation or individual.
The supreme court decided that by
the terms of the contract, which II
| declared legal, the city was obliged tc
| pay for the repairs done by the COM
| pany. From the time of this decision
a considerable sum of money has beer
expended every year by the company
in repairing the road.
The following are the amounts eX-
pended, taken from the books in the
city controllers office: 1894, $436.S4
1895 $567.91; 1896, $4,000; 1898, $1,4s9.96t
1899 S1,49S.96; 1900, $500; judgment sus'
tanned by supreme court, $2,2OO.49; to-
tai, $7,502.99.
AMOUNT THIS YEAR.
This year the appropriation of $5O(
has already been exhausted and, as the
work Of repairing has not been COM
pleted, the company, through its presi'
dent, H. E. Paine, has notified the city
that it will begin the work of repair
ing itself this week, charging the bill
| to the city.
The company did this same thing or
one memorable occasion some four OF
five years back and Street Commits
sioner Kinsley was directed by the
mayor to stop the work. Mr.. Kinsley
went up TO the scene of action and dis
covered Mr.. Paine on the ground. The
two got into a most heated alteration
| Nth tho result that the president OF