The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-11-29
Will Not Pay Halt Of the
Grading Bill.
AKRON STORY FALSE
Unio ntown Hin Must Be Grad
ed By Street Railway Conn
pany--Cannot Leave
Highway.

!. ~ = J. af.a y Z 81 = {. 81
The statement sent out from Akron
that the contract had been let to Akron
paroles for. the grading Of the Union.
town hills along the line of the Canton
and Akron Electric railway Is possibly
correct so far as the letting of the con-
tract is concerned, but the further |
statement made that Stark county !
would pay half the grading bill was
made without knowledge of the facts.
An attempt was made by the county
commissioners to have the county do
half the grading, and bids were adver-
tlsed for and received. The county
was to lot the contract and the street
car company had agreed to pay half the
expense, which was estimated at about
$4,000. About the time the bids were
to have been opened, an action was
brought in common pleas court
to enjoin the commissioners from
letting the contract, Prosecutor Day
taking the matter in hand. Judge Nc
Carly allowed temporary injunction
and when the matter came up for
final hearing last week, the injunction
was made perpetual. The only point
passed upon in reality was as to wheth-
er at the time the petition was filed
the auditor had certified that there
was money, in fund for the completion
Of the work. Evidence showed that he
had not.
COMMISSIONERS REPORT.
The reason given by the commission
iers for their action was that the rail-
way company had threatened to leave
the highway and go around the hills on
q private right of way, leaving the
travelled wagon road In its present con.
dition. There was some question at
the time as to the right of the COM
pany to do this, but it was claimed that
1t could, and the people of that vicin.
ity petitioned the commissioners to
make the appropriation for the work
In their petition they agreed to pay 80
per cent. of the cost, so as to comply
with the law, but 1t was understood
that the street car company was to
furnish the money with which to pay
the amount to be taxed against the
property owners along the line.
After the sale of the road to the
Northern Ohio Traction company, local
interest in the matter dropped. the
commissioners not caring to attempt to
fight the injunction further. Tho ppo.
pie beyond Uniontown, however, con.
tinued tc feel aggrieved. as they had all
given the right of way to the company
with the understanding that the hills
we're to be graded.
MIGHT FORFEIT THEIR RItlHpS.
When this fact became known. the
best legal opinion was that II the ccm
pany attempted to leave the right Of
way along the highway and go around
the hills without grading them, this
action would invalidate all the rights
OF way secured beyond that point. The
matter was brought out, but not fully,
in the injunction case. 1t appears that
the company realizing this has decided
to do the grading itself, and the tax
payers of Stark county will be saved
this burden.
1t Is understood that the old company
under the conditions of the sale ls
obliged to complete the road and carry
out the existing contracts. and when 1t
is finished 1t Is then to be turned over
TO the Everett-Moore syndicate. This
agreement contemplates the grading OF
the hills in question, which will make
great Improvement on the highway,
as it must be brought to level with
the grade of the street car track and
graveled and put In first class con
dition under the franchise of the COM.
pany. II the conditions of the fran
chise are adhered to the interests OF
the public will be well cared for.
There Is some complaint from far
mers along the line that the workInep
are leaving the roads In bad condition,
aud there may be little trouble in the
courts II this Is not looked after by tho
contractors.