The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-10
Mr.. STOCkER TO THE
BOROUGH OF JERMYN
A Statement from the Defendant
in the Famous Sidewalk Case.
Last Proposition.

| The borough council held a regular
| session last Friday evening, the pro-
| ceedings being more than ordinarily in
| teresting. Secretary Jones read the fol-
| lowing statement and proposition from
| Stocker Bros. regarding the sidewalk
| case, which was recently tried before
Judge Kelly. in which the borough en-
| deavored to secure the cost of laying
the sidewalk in front of their property
on Bacon and Second streets:
, Now that the above has been uied out
| in court and matters connected Herewith gcns!-
| ally ventilated. We wish 10 make the following
| statement and proposition:
First-J. d. Stcckcr and Stocker Brcs. were
| among the first to lay stone flag sidewalks on
all their Main street properties, and this be-
fcrc any effective sidewalk ordinance was passed
Sccond--On July s, 1895, with about twenty
other citizens, J. D. Stocker met the borough
council. at their request. in the borough build
ing. This request was in The shape of notice
served on each party likely to be interested,
which was to the effect that council was inteni-
ing to consider passing an ordinance providing
for laying sidewalks OH the following streets, To
witt Main street. Second, and such portions OF
, Bacon. Cemetery and II streets rs lie between
Main and Second streets. Nearly every person
on whom notice had been served objected slrenI-
Ously 10 any such action on the part OF council,
sayinS that kcca,se of the recent hard times
they could not afford such an outlay. To these
people, members of the council-Mr. Swick in
partcular-that they did not propose to op-
press any one: that they merely wanted AN
effective ordinance in force that they could
repair certain sidewalks which were at that time
in bad condition. j. u. Stocker was not
! Of those who raised the above objection. But
he did say he would lay his walk ii such an
ordinance as they proposed Was passed, provid-
ing they would give him a special grade so
that he would not have TO damage his own
property, by cutting down shade trees, lowering
fence, etc. Soon after this he left and it was
not until later that he learned that an ordinance
was passed. This ordinance provides for a gen.
cral grade and also a special grade where ap-
piled for and wler, to councils it shall seem nee
| cssary. At this same meeting a committee was
appointed to confer with j. d. Stocker on the
subject of special grade. This fact appears on
the minute book and may he seen by any tan
| payer. In pursuance of their duty the committee
came to sec me ani their conference with me
was apparently, most friendly We discussed
the question Of grade and also the question OF
damages !, at that time, offered to refer al!
differences between MS 10 arbitrators-each party
to appoint one and the two thus appointed to
appoint another and | offered to give bonds to
abide by their decision II they would. They
promised to report this offer and also my re-
quest for special grade to council.
! was seriously sick nearly all of the summer
and fall Of 1895 and unable to get about much. I
heard nothing further from council until Oct,
i3, 1898, when learned that n force OF men
were at work on my property on Bacon street.
| and later l learned, the fact sworn TO
by the borough's own witnesses, that council had
on Oct, II, lsos, adopted special grade i!or
my property, and it was In pursuance OF this
| resolution that they began work the next morn
ing. Now, as stated above, was i'll at this time