The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-15

City-Reversed Himself with Ref
erenos to the Two Per Cent. Debt
Limit.
Judge John p. Kelly handed down
his opinion yesterday in the viaduct
equity case. He directed that the bill
filed by Luther Keller to restrain the
building of the viaduct be dismissed and
left the road clear for the erection of
the viaduct. An appeal win at once
be taken to the supreme court.
In his opinion the judge reverses the
ruling he made during the hearing
with reference to the two per cent.
limit of indebtedness. At the hearing
he ruled that a debt voted by the peo-
pie could not be included in state
ment of the citys debt for the purpose
of ascertaining whether or not coun-
ellis had reached the two per cent.
limit beyond which the law says coun-
ellis cannot so without appealing to
the people. In his opinion he takes
the opposite view of this proposition.
He also decides that the fact that
damage will be done to properties by
the erection of the viaduct does not
cause these damages to be debt
"e't 'h' N''' " va. t'' IA 'n'
sense that the word debt is used in
the constitution. This brushes out of
the way the great obstacle to the erec-
ton of the viaduct.
The opinion is an exhaustive one of
twenty-five pages which goes over the
entire case in detail. In his opinion
the judge gives the following findings
Vi ''" ,,,,,,,,.,,., ,,, ,.,,
fiNp'N"' VIZ 'Ho''
T. The city oi scranton mas no nshl To ihctt">c
its present Indebtedness without hrst obtaining
the consent Of the electors.
Under the ordinance providing for the con-
struction OF the viadurt and the contract TO he
let in pursuance thereof, the city becomes liable
t" pay such damages, ii any as may be finally
ascertaincd, according TO law, to he due TO the
al'uttnG property owners.
=. Cndcr the terms of tire ordinance and tine
construction contract therein provided for. tie
city Of Scranton assumes no liability for the cost
'',r y, ;n.,;n y, ,ie r'ti,'.,. ,o, ,,,,,,, .,
the property owners is not the creation of debt
or the incuu'ing Of an Indebtedness within the
meaning Of Section :. Article IN, OF the Consti-
tuition Of Pennsylvania
). In ascertaining the present Indebtedness oi
tie city The Indebtedness incurred by the con-
sent OF the electors, TO wit the sum Of 500 O0N,
must be included.
@. When an indeb edness amounting to two per
cent. of the assessed valuation has been reached
part OF which was incurred by the assent of The
electors and part OF which was incurred by the
action Of the municipal authorities alone, the
municipal authorities cannot further increase ,hc
debt without first obtaining the consent of ihc
electors.
:. The ordinance providing for the construction
OF the ,iaduct does not contain more than one
subject
S. The subject Of the ordinance is eXprossed
with sufficient clearncSs in the title.
9. The plaintf is not at this time entitled to
have security rendered to him for compensation
for injury which may be done to his property by
the construction of the vaduct.
10. The city had legal right to leave the mat.
ter of detail, plans and specifications to be pre-.
pared by the city engineer and the some did not
constitute an unlawful delegation of legislative
power.
II. The ordinance is legal and valid
n,o,,s,r,o>,.
" ~ ''"'
IN addition 10 thes, findings, | have been re-
qnehted by counsel Tor the defendants to lind the
following propositions OF law:
Inc CLAIMS OF the property owners against the
city OF Scranton for damages TO thcv properties
ny tie construction OF tue Niaduct are CLAIMS iot
unliquidated damages, and are not debts OF in
dehtedncSs within the meaning of Section OF
Article IN OF the Constitution OF Pcnn'ylrdnla.
so find
The construction OF the riIluct under the pro-
visions OF the ordinance OF November H. 1909, and
the contract therein proNlded for' VIII not IN
| crease the Indebtedness OF the city oi Scranton
| beyond the limit allowed by section OF Article
TX OF the Constitution OF Pennsylvania, and the
ldOptpu thereof bcNOnd