The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-10


The ordinances awarding franchises
to the North End, West END and South
Side Street Railway companies were
passed on third reading last night by
the common council which body unan-
imously rejected the offer of 100000
made by certain citizens for the fran
chise rights contained in the ordin-
ances. The West End and South Side
ordinances were passed unanimously
and there were but two dissenting
votes to the North End measure.
The railways committee held meet
ing prior to the meeting of council.
This was attended by Attorney Frank
j. Fitzsimmons, who presented the
following proposition \signed with the
names of the men who are making
the offer. This read as follows:
To the Hon William l.. Connel and the Select
and Common Councils of the City OF Scranton.
Gentlemen: Referring to letter submitted
to the common council, date December IS, 1901,
under the terms of which, +. j. Fitzsimmol,s,
as attorney for parties not named therein agreed
TO pay the city of Scranton 100000 Tor privileges
therein set forth and under conditions named
therein, we the undersigned desire to say that
we are the parties referred to- aid we hereby
give our assent TO the proposition as therein set
forth. Respectfully,
c. H. Won Storch, Franl; Robling, +. NJ Wand.
ling, W. p. Boland, r. c. Won storeh.
SOLICITORS OPINION.
The committee also received from
City Solicitor Watson the following
written opinion, in which he declared
that the proposition was not such a one
as could be enforced by law in the
event of the gentlemen making the
offer being able to secure charters,
which he deemed doubtful:
Scranton, jan Sth, 1902.
Mr.. Daniel Calvin Chairman Of the Railway
Committee, Common Council of the City Of
Scranton.
Dear Sir:-Your letter OF the Sth, in which YOU
ask my opinion as to the character OF the propo.
sition, signed by f. j. Fitzsimmons, attorney,
and enclosed herewith, is before me.
The agreement which Mr.. Fizsmmons signs
refers to the files OF common council, Nos 40,
so and 81, OF 1901, which are ordinances grant
ing the use o; streets TO the South Side, North
End and West End Railway companies.
IL is within the power of the city councils to
grant franchises TO street railway company, TO
occupy such streets as may not be otherwise oc-
cupied by persons having equal superior
rights.
The railway companies mentioned in the ordi-
nances have obtained charter from the state,
and, so far as l ain advised, have fully complied
with the law. BY their charters the tcrmini of
their roads fixed. Under the Act they are
required to make application TO the city coun-
ellis within two years from the date OF their
charter for permission to occupy the streets over
which their charter authorizes them to operate
their road, and TO complete the road mentioned
s,. .t.., -
failure to comply with the requirements of the
Act shall be deemed an abandonment of the right
to occupy and use such streets, and the same
may be occupied and Used by any other company
duly chartered and obtaining consent so to do.
Such is the right acquired by the companies
mentioned in the ordinances TO occupy the
streets mentioned in their charter. They have
complied with the Act of assembly by making
application to the councils of the city for per-
mission to occupy the streets.
II therefore follows that the proposition 10
pay the bonus, iii it be a proposition) could
avail us nothing at this time. Under the act no
other company has an equal right to occupy the
streets That right having been given TO the
companies mentioned in the ordinances il they
comply with its requirements. The proposition
made for the payment of this money to the city
is not ds clear might wish it TO be- The
second paragraph says: THAT they, with their
associates" propose to apply to the governor Of
the commonwealth for charters, covering the
principal streets and avenues OF the city OF
Scranton. ! can no reason why these gentle.
men cannot make the application to the COVER.
nor of the commonwealth for charter, but | can
not see how the governor OF the commonwealth
can issue charter TO new company, 10 occu-
py streets held by former company, who have
complied with all the requirements OF the act.
The act reads that they shall make formal uppli-
cation to the councils within two years 10 Use
and occupy the streets. They have made the
formal application within one year. and it is now
pending in the councils.
NOT WITHIN ITS POWER.
1t therefore impressns me that it is not within
the power of the state to issue a charter Ia
occupy the same territory which has been givei
to the companies named in the ordinances until
such times as there may be REIMBURSEMENT or
abandonment OF their rights to the use OF the
street, which may be brought about by their
failure to comply with its terms and conditions.
II the gentlemen, (whose identity is not dis
closed in the paper before mel, propose TO occu'
py other streets than the ones mentioned i'm the
ordinances, and for that purpose desire to make
application for charter, there seems 10 be moth.
ing in the way OF considering their proposition;
and il they feel that they can afford to pay To
the city OF Scranton the sum mentioned in their
OFFER IL IL matter that might be considered by
the councils But careful reading Of the paper
does not convince me that there is any promise
TO pay any amount whatever. The exact Ian.
guage used in their offer Isl eve propose Ia
offer the city of Scranton the sum of, ETC."
There is no promise TO pay the sum named, but
only proposition to offer, which cannot be en-.
forced il the city councils should consider the
p'olos'''1n ,, on 'n'o'apH, AS III evidence 81 soo,'
close a certified check in thc omomnt ~ =
n,v,ble 10 the city Of scranton. which said
ka
foil IN carry ont the aboye orrnngement. -" How
c,n tbc rit,. enfnrce tho coIIection oven of ihis
chock Tho Iongna@o enmlovrJ seems to be can.
I ,.sN,, - ~ " "