The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-04
JERMYN AND MAYpIELD.


| -----------
The regular meeting of the borough
OF Jermyn council was held last even
| ing and was attended by u large num-
Der of citizens, the interest being CEN
| tered IN the electric light contract,
| which 1t was expected would be award
ed. 1t will be remembered that at the
last meeting bids We're received from
several companies, the lowest being
from the Jermyn Electric Light COM
pany, which offered to light the bor-
ough on flve-year contract for $40 per
light per year. a private individual,
| Frank Hemelright. II citizen of the
borough also had Il bid in, which was
lower than any Offering to supply
lights for $65.56 per light per year. 4
| question arose as to the legality of the
| council entering into q contract with a
private Individual, and the matter was
| laid over to obtain legal advice on the
matter. Following is the reply of Bor-
ough Solicitor Mulholland, which Sec
retary Jones read:
In regard to the right of the bor-
| ough to cease taking light from the
Jermyn Electric Light, Heat and Power
| company, or an individual, to furnish
| the borough with light. 1 have given
the matter very thorough investiga-
tion, and I believe l have seen all the
authorities in the state on the ules-
| tion.
THE question of the right of the
| borough to cease taking light of the
| old company at the discretion of the
| borough officers is an unsettled oues-
ton. There are two decisions of the
Supreme court, and one of the COM
| monwealth, which hold in general
way that electric light companies have
no exclusive right to furnish light to Il
borough or u city the same as water
companies have to furnish water.
These three cases lean strongly in
| favor of the right of the borough to
let its contract to any company it
chooses.
"These is another case a case in
which one Of the judges of the west
ern counties of the state, which holds
that the borough or city cannot cease
at its pleasure taking light from an old
company which has been furnishing Il
borough or city with light, and enter
into a contract with a new company.
This last decision puts the right of
electric light companies on the same
level as water companies 1t is, how
ever, Il decision of a lower court and,
of course, may be appealed from and
revised by the Supreme court.
AS far as giving the contract to an
individual is concerned, the trouble
with that would be that the individual
would not have the right to use the
streets for the purpose of erecting
poles and stringinG wires without get
ting a franchise from the state to do
so. TO get a right to use the streets,
authority from the state. as well as
from the borough. is necessary.
THE weight of authority SO far rem
dered in the state would seem to be in
favor of the right of the borough to let
its light contract to any company it
chooses, provided the company has Il
franchise to light the borough"
AS the letter did not properly solve
the matter according to Councilman T.
Il. Moons idea, he moved the matter
be laid over again until such time as
council obtain fuller information on
the question.
A number Of bills We're read and Or
dered paid, among them one for the
payment of the Jeansvlle pump at the
bore-hole. The bill, with interest,
amounted to S635.19, but on considera-
tion of payment in a week, the COM
pany's attorney agreed to throw off the
interest, reducing the bill to $4S4.SS.
Mr.. and Mrs. John d. Prtchard and
daughter Fern, We're visiting friends
at Wilkes-Barre on New Years day,
on their way home from Pittsburg.
The Delaware and Hudson coliery
employees will be paid on Tuesday ar
ternoon
There will be no services in st.
James church tomorrow, on account of
the furnace being out of repair. The
rector will ofllciate at Salem, Wayne
county.