The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-14

The directors have power 10 build bridges over
all streams crossed by "ther boulevard" and
whenever the corporation shall have hnshcd
hve miles or more ~ "such improved roadway
or boulevard" or II "the entire boulevard shall
he Of a shorter distance. the court shall ap'
point viewers and direct the erection OF toll
gates
Thus, all through the act, the reference is 10
the particular boulevard tho corporation is or
ganizcd TO Const'Lct II our view is not the cor
rect one then the Northern Boulevard company
can buy or lease every turnpike or plank t1ad IN
the state. without any further security than the
$1,000 per mile provided in the charter tof the
building of four-milc boulevard. Such an IN
tcrpretation ~ clause 3 would be, 20 say the
least doubtful, and doubtful grant NJ power
10 a corporation does not exist. As BlacN, {. v,
saws In Commonwealth vs. Erie y. y. II. r.
Co. % Pa $50: "lf you assert that corpora.
tor had certain privileges show rs the words
Of the legislature comforting them. Failing in
this YOU must give up your claim. for nothing
else can possibly avail you. doubtful charter
docs not exist: because whatever is doubtful Is
dccisiycly against the corporation"
RULE or CONSTRUCTION
This rule NJ strict construction of corporate
powers is given by Dillon on Municipal Law,
section 81, fourth edition. in these words: "lt is
equally applicable to grant a. powers to muniti-
pal and public bodies which are out Of 'he
usual range, or which may result in public bur.
dcns or which, in their exercise, touch the night
to liberty or property, or, it may he com.
pcndiously expressed, any common.law right of
the citizen or inhahitant."
on examination Of the masters instructions TO
the Jury OF view. find that he adopted a dit.
fcrcnt construction Of the law lie held that the
boulevard company had the right TO purchase,
and to hold free from condemnation proceedings,
the mile and half " the FaCtoryyille turnpis'
in controversy, il the company had made 'hr
purchase before Aug 90, 1909 when the petition
in this case was Hlcd but tnat having made the
purchase in September. 1900, the company had
bought subject TO the right Of condemnation.
We think this was an error. but it is an error
that docs not affect the boulevard company.
Whichever view is to be taken, either Is fatal 10
tho company.
For the reasons stated the exceptions ~ the
Northern Boulevard company are ovct.rulcd.
.. Exceptions Of the fsctoryyillc and Abingdon
| Turnpike company
I csc exceptions are Thirteen in number. ihe
| first. second and eighth relate to the sane sub.
| cuf matter. and should he considered together.
Section Of the Act - juno . T.. l.. 200, requires
| the Jury TO report, inter ALA: "Whcthcr or not
| the entire turnpike, road or highway is located
| in the petitioners county, and il not what Iro-
| portion is so located, and whether or not it is
| for the best interests Of the people in the peti.
| TONERS county for the turnpiNc, road or high
| way, or a part thereof, to be made free from
| tolls and tollgatrs, and whether or not 'he
| same is condemned by such jury of "icw for
| public use free from tolls and toll gates. ard
| II the whole Of said turnpike. road or high hSdy
| lying in the petitioners county is not condemned
| but only a part thereof, then such part shall he
| clearly designated and described; and TO which
| report shall he attached r map draft ~ said
| turnpike road, showing definitely the points he.
| tween which the same is cond, n ned for public
| La. IT,, ya,l b'.yl.,
| thereof il the same shall BE condemned for
| public use rs aforesaid"