The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-11-08

Some weeks ago the railway COM
mittee of the common council drew up
certain questions bearing upon the
right OF the city to compel the Scran-
ton Railway company to run cars at
regular intervals and to compel its
employees to pass an examination to
discover their fitness.
These questions were submitted to
City Solicitor Watson and in a lengthy
opinion presented to the committee
yesterday he answers them fully and
completely. He declares he can find
nothing in the franchises of the COM
pany which gives the city the right to
compel the running of cars ut regular
intervals, and says that in his belief
there is no express authority given the
city in any existing act to compel mo-
tormen and conductors to pass an eX-
animation.
The city solicitor has habit of say
ing things with a picturesque blunt
ness that is generally very humorous.
He sums up his answer to the first two
questions in the following language
referring to the agreements entered
into by the company: "They Nhe COM
pany) have agreed to do nothing. The
councils demanded nothing and so far
as l am able to observe the company
is keeping its agreement faithfully" A
special meeting Of council was called
for last night to consider the opinion,
but no quorum was present.
The full text If the opinion is given
below:
To the Chairman and Gentlemen Of the Railway
Committee OF the Common Council, City Of
Scranton.
Gentlcmcn:-The following questions, submitted
10 me for my reply. have received my atte.,tion,
and bcs TO offer the following opinion.
QUESTIONS.
First-Is the Scranton Railway company under
any provision OF its charter franchises. obliged
10 run ears regularly Owe its lines; or. in other
words, have councils the power TO compel the run.
ming Of cars at regular intervals?
SccondIi councils have the power to regulate
the running Of the cars at regular intervals, and
would pass legislation requiring the same, and
should the Scranton Railway company fail to com
ply with the requirements o! councils, could their
franchises be annnlled; or in what manner could
they be proceeded against under the law?
Thrd-What are the proper steps to take in or.
der to comply with tine requirements OF the reso'
luttons OF the employees by the Scranton Railway
company, relating to the purchase OF the street
railway system owned by the Scranton Railway
company, ana the operation OF lhe same pE lAc
city?
Fourtll-Can councils by ordinance provide for
the examination of applicants for positions on the
electric cars and fix u standard of qualifications
by which the street railway company shall be
governed in the employment Of persons engaged
in the running Of cars?
The Scranton Railway company has acquired by
purchase the property in the control OF the entire
street car system OF the city OF Scranton, and it il;
today operated by said railway company upon Ger.
tain streets OF the city. The streets upon which
the tracks Of said company were laid were ocou-
pied by tracks Of other companies prior to the is.
suing Of charter to the Scranton Railway com.
pany These companies obtained their charters
and the privilege OF occupying the streets at differ
en-. times, from 1866 to the time Of the transfer
to the Scranton Railway company. At the time
Of the transfer to the Scranton Railway company
all rights, charters. franchises and privileges
which they had obtained were sold and transferred
to the Scranton Railway company. So at this
time. property OF the different street railways in
Scranton has become vested in the Scranton Rail
ComNluN