The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-07

The Joint answer of the city OF
Scranton, the Scranton Railway COM
pany and the Delaware, I.ackawanna
and Western Railroad company to the
bill of equity filed by Luther Kel-
Ter. petitioning for a rule declaring
the viaduct ordinance null and void
and for an injunction restraining
said viaduct, will be filed in court
today.
The allegations in that section of
Mr.. Keller's petition which states
that the city of Scranton in erecting
the viaduct is entering into a contract
for the benefit of the two companies
are denied. 1t is contended that the
viaduct is for the benefit of the pub
lie at large. 1t is not admitted by
the defendants that the property of
Mr.. Keller will he almost entirely
ruined by the erection of the viaduct,
as alleged
The separate contentious on the
part of Mr.. Keller that the ordinance
is null and void for four separate
reasons are each denied in the an
swer. 1t is contended that the ordi-
nance contains only one general sub
iect, namely, the construction of a
viaduct, of which the vacation of the
street is but an incident, as is also
the temporary permission granted the
Scranton Railway company to occu-
Dy other streets. "The title to the Or
dinance," says the answer, SIS not re-
quired by law to be in the nature of
an index of the ordinance, and tho
title of this ordinance fairly gives no.
tire of the contents of it.
1,1,N1Ar ,,NYrrprn
1t is denied that the property nf
the complainant will be completely
shut off from any connection with the
street upon the completion of the VIA
duct. it being contended that by rais-
ing his building he will have perfect
access to the street and will also re-
tain his present switching facilities.
Regarding the assertion that the debt
of the city is to he illegally in
creased beyond the constitutional
limit. the answer says:
"The construction of this viaduct
will not increase the indebtedness of
the city Of Scranton in any sum. as
the entire cost of the construction Of
the viaduct will be paid by the Della
ware, Lackawanna and Western
Railroad company and the Scranton
Railway company. The consequent
tial damages, if any, to the abut-
ting properties, are unliquidated, and
arise eX delicto. and therefore cannot
be regarded as a debt of the city
within the meaning of the constitu-
tionol prohibition of the increase of
the indebtedness of municipalities.
1T is not admitted that the dam
ages to abutting, properties will equal
the sum of 500. 1t is not
true that the complainant would be
deprived of any means Of collecting
his damages from the city, even In
case it should be held that the con-
of this viaduct created an
increase of debt which is illegal"
MIR. kELLER's CONTENTION.
Regarding Mr.. Keller's contention
that it is the intention of the city to
nroceed with the construction of the
viaduct before securing to him COM
pensation for the damage caused
thereby, the answer says:
'"rhe complainant has the right to
apply to the court for security for any
damages which he may sustain by
reason of the construction of said VIA
duct, if the law requires a munici-
paity to furnish security in such
cases, which is not admitted"
The answer sets forth that as there
is to he no expenditure by the city for !
the construction of the viaduct that |
no appropriation is necessary, this in |
answer to Mr.. keller's statement |
that no appropriation had been made. |
Inasmuch as a question of fact Is |
raised in ;he answer. it will be neces- |
sary to have a hearing at the next |
term of equity court, the first week |