The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-09-03
COMMISSIONERS ENJOINED.

The contract for grading the Union
town hills will not be let Friday. as ad-
vertised by the commissioners. The
reason for this Is that Thursday after
noon about 4 o'clock, upon the appli-
cation of Prosecuting Attorney Robert
Fl. Day, Judge T. r. McCarty granted
IN injunction in chambers estopping the
commissioners from taking any further
steps toward letting the contract.
Prosecutor Day took the action on his
own motion, himself making affidavit
to the petition. 1t Is said, however,
that many OF the most prominent and
influential wealthy citizens of Canton
have urged upon him the step, and they
even went so far rs to sign petition
asking that some steps be taken to pre-
vent what they considered an unwar-
ranted
OUTLAY OF PUBLIC MONEY.
1t has been understood for some time
that some such step would be taken, al
though no expression as to his intention
could ever be secured from Prosecutor
Day. 1t was known, however, that he
was working upon the matter, making
copies of the franchise and investigat-
ing the records and condition Of the
funds from which it was intended to Sc
cure the money to pay for the work.
The grounds upon which the prose-
cutor asked the injunction were that
first, there is no money in the state and
county road and improvement fund,
from which the expense was to be paid;
and second, that the franchise granted
the street railway company requires
that where 1t is necessary to change the
grade of the highway to suit the grade
of the electric railway. the expense
shall be borne by the railway company
and not by the county.
Judge McCarty granted the petition,
allowing the injunction. and sum-
monses were issued Thursday evening
and placed In the hands of the deputy
sheriffs to be served upon the commits
sionors. Commissioner Summer, who
resides In Canton, was served shortly
after the injunction was issued. The
other two received their notification
later.
There has been considerable discus
sion Of the question of the grading of
what Is known IA the Uniontown hills
on what Is known as the Canton and
Akron road. The public was made
familiar with the conditions of the
franchise granted tho railway, and 1t
was generally understood that all
bridges that were necessary or grading
that was to be done was to be paid for
by the electric company. When the
matter of the Graham bridge camo up
1t was alleged that the street railway
company threatened 20 go across the
stream on piles and let the old bridge
stand, and for that reason, the commits
sioners alleged they wero
COMPELLED TO BUILD
stone arch bridge, the railway COM
pany agreeing to bear one-third of the
expense.
When the Uniontown hills were
reacheu, tne graue was 700 neaVy Tor
the cars to run over them. There are
three hills. the largest being just in
the edge of the town. The street rail-
way company again approached the
commissioners with proposition, 1t Is
said. that IL they did not bear part of the
expense of grading those hills. the line
would leave the highway, make a de-
tour round tho hills. thus missing the
town and leaving tho hills az they are
for teams to climb.
Tho citizens along the route and In
tho village were stirred up by the COM
pany to sign a petition asking for the
grading of the hills. they agreeing to
pay one-haif the expense. with the un-
Lderptanding that the street railway
Heompnny was TO pay Its share.
\ Undor these repreeent0ttons, the