The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-09-17

In an opinion handed down yester-
day Judge John p. Kelly approves the
finding of the grand jury, which de-
clared in favor of the annexation of
certain lands of LaCkawanna township
to Taylor borough and the long drawn
out fight on the part of the township
to prevent the secession Is now at an
end.
The opinion. which recites the his
tory Of the litigation is appended in
fun.
ON the 9Th day of May, 1901. a petit
tion was presented by certain resident
free holders of the territory therein
described, praying that such territory
lying in the township of Lackawanna
be annexed to the borough of Taylor.
and on the same day an order was
made referring the matter to the
grand jury. On the 9th day of May
| the grand jury made a report that,
after a full investigation, they find
| the conditions of the act of assembly
passed June II, 1870, entitled IA sup
plement to an act for the regulation
| of boroughs approved the Sd day of
| April. A. -. 1851. and all other acts re-
| latinE thereto, have been complied
with, and believe that it is eXpedient
| to grant the prayer of the petition
| erS;" which report was confirmed niSi
| on the 10Th day of May. on the 9Th
and Sth days of May exceptions were
| filed on behalf of the township of
| Lackawanna and on behalf of the
school district of LaCkawanna town
ship, respectively, upon which action
| was deferred until after the grand
| jury should report. ON May 23d eN-
| Ceptions on behalf of the township and
| school district We're filed to the report
of the grand jury, and on June IL an
| application for further investigation
was presented for reasons therein
stated. The grand jury having report
| ed in favor of the petitioners, all these
| exceptions. as we'll as the petition for
further investigation, are now to be
disposed of.
ONE CONTENTION.
1t is Contended on the part of
the eXceptants that the petitioners are
not residents and inhabitants of the
lots, outlets and tracts of land which
are sought to be annexed to the bor-
ough, and that their lands are not ad-
jaCent to the borough or to each Other
within the meaning of the act. The
facts are that with the exception Oi
some thirty village lots, which have
beer sold to sundry persons, the Who'll,
of the territory sought to be annexed
is owned by the Delaware, LaCkawan'
ma and Western Railroad company
None of the lots owned by individuals
are located on the boundary line O
the borough, and all of the lands ii
the territory proposed to be annexed
which are Immediately adjacent to th'
borough are owned by that company
| The argument on the part of the eN
| CeptantS is that, inaSmuCh as none a
the petitioners are owners of land!
Immediately adjoining the borough
the petition and proceedings do no
come within the provisions of this act
| We do not read the act i'm that way
1t provides that when an application
Is made to the court by the inhabit
ants of any lots, outlots or othe
tracts of land adjacent to n borough
to be annexed to said borough it shal
be in writing and shall be signed by
ma iority of the free holders rcsidin,
within the limits to be annexed"
We do not think it was contemplate,
by the Legislature that the wishes q
the majority of the free holders resid
, | ing within the limits of certain terri
tory sought to be annexed should h
frustrated or defeated on account O
the opposition or even non-rcSidenC
of the owner of strip OF land WhiCI
might happen to be the only part q
the territory Immediately adjacent I
the borough. THE power of the court
is not restricted to the annexation q
lots and outlots' in the popular sens
of the words. These powers extend (
, tracts of land and tract of Ian
! may either apply to a single farm O
to a territory embracing the lands q
different adjoining owners drawn am
exhibited in single draft 1t may ap
propriately be applied to IA section n
= land or of the country without refer
enCe to the lines of individual owner
ship.
p WHAT THE LAW Is.
, The Act of June II. 1879. is supple
mont to the general borough law {
1 April 3, 1851. p. l., 320, which in il
, | thirtieth section authorizes the bur
CESS and town council of any boroug
: upon petition, etc, to annex lots, out