The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-22

Argument court closed yesterday. all
or the cases on the list being disposed
or before court adjourned in the after
noon. In the morning the arguments
were resumed upon the exceptions 20
the appointment of master and jury
to view in the matter of the condem-
nation OF Providence and Abingdon
Turnpike and Plank Road company.
The petition was filed last year by
Senator J. c. Vaughan. representing a
large number OF taxpayers who signed
it. Protests were filed by the North
ern Boulevard company, the Arlington
Turnpike company. the County of
Lackawanna and certain taxpayers OF
South Abingdon who are opposed to
the condemning OF the road. The OBJ
Jectors were represented yesterday by
Attorneys w. W. Watson. w. II. Diehl,
Ira II. Burns and County Solicitor
Herbert Taylor. while the petitioners
were represented solely by City Solic-
itor Vosburg. Senator Vaughan being
In Harrisburg.
The objectors argued that inasmuch
as similar proceedings had been
brought some years ago and had then
been quashed, new proceedings could
ed that the Northern Boulevard COM
pany has leased the turnpike and that
roads operated by boulevard companies
are not subject to condemnation pro-
ceedings.
Mr. Vosburg in reply argued that
objections To the appointment of a
jury could not be heard at this time,
as the act of assembly distinctly re.
quires their appointment when a petit
tion has been presented In proper form.
The principle of res judicet did not ap-
ply, he said, for the reason that the
proceeding was brought under the au-
thority OF the state and was not an
action between private parties. There
was nothing in the boulevard act. he
said, which precluded the application
of the condemnation laws to such q
company.
Arguments We're heard on the ex-
ceptions and circumstances to the an
neNation of a large part of Lacka-
wanna township to the borough OF
Taylor. w. J. Hand, representing the
Connell Coal company, protested
| against the annexation on the ground
that the burden of taxation which
would have to be borne by the remain
der of the township would be too
heavy. Attorney NJ. j. Donahoe also
argued against the annexation.
Attorney John NJ. Harris, represent
ing Taylor borough, argued in favor
| OF the annexation and stated that
| every free holder but one in the part
| to be annexed had signed the petition.
The decision in the case, it is eX-
pected, will be rendered next month.
Argument was made i'm the matter
of the rule to quash the indictment in
the case of Frank Compton, who is
charged with having forged a mar
| riage certificate.
There was Il long argument on the
exceptions to the report of auditors in
| the matter of the estate of John w.
! Itaub. In the matter of rule to set
| aside confirmation Of account in the
estate of the late James w. Evcrhart,
| the rule was discharged without pre-
! judice.
BY request OF counsel for the NUM-
| Cipal League. the rule on Constable
Joseph Woelkers to show cause why
he should not De removed, was con-
! tnued until the next term of court.
They said they thought n continuance
of the proceedings might best sub
serve the interests of the taxpayers Of
| the ward.