Montour American. (Danville, Pa.) 1866-1920, 1906-09-20
IN SUPPORT
Of Exceptions

/
on foot for over two years, was very
actively resumed yesterday, when vol
luminous testimony was taken in sup
port of exceptions filed to the viewers
report vacating the above road in the
township of Mahoning. The excep-
tions are carried forward from the
December term of court, 1904, since
which time the road has been closed
to travel.
The contention of Mahoning town
ship is that owing to inroads of the
river, which at intervals in the pro-
cess Of time obliterates the roadway
and makes it necessary to purchase
new ground, the road has become an
unnecessary burden on the township
and should be vacated, especially
since limited number of people are
accommodated. For the land, none of
which contains buildings. it was held,
that as private road would suffice.
The vacation of the road in Mahon-
ing township, or that part between the
creek s mouth and the bridge over the
canal at Lovers Leap, it is claimed,
will practically close the extension of
Front street between Etter's alley and
the creeks mouth, which lies within
the borough limits, and that this inficts
hardship not only on those who wish
| N "a riu
but also on those who own building
| lots that abut on the street, all of
which are under cultivation Since
the view vacating the river road. the
extension of Front street has been pra-
ctically abandoned and no move has
been made to replace the bridge over
the creeks mouth that was DESTROYED
| by the ice gorge. The entire spot is
| over grown with brush and weeds and
the road at some points is nearly hid
| den.
Those actively supporting the excep-
tions to the viewers report are per-
sons owning land abutting either on
1
borough or on the road in Mahoning
township or those who live in the low
er end of the borough, who find it con-
venient to use the river road. The
spirit shown by these people at the
hearing yesterday would indicate that
| they will leave no stone unturned to
win and will carry the fight through
to finish. They were represented by
II. NJ. Hinckley and E. S. Gearhart,
an important point of their contention
| being that the viewers = Matthew
Sheep, d. f. Gouger and James Ellis
as viewers inadvertently failed to
live up to the letter of the law.
James Scarlet and Ralph Kisner ap-
peared for the report and the sworn
witnesses were examined and cross ex-
amined in the most searching manner.
Miss Foulk acted as stenographer.
Former Burgess W. G. Pursell was
the first witness sworn. He lives near
the street vacated by the report of
viewers. The street in question he said
is part of the street system of Dan
vile. Mr. Hinckley asked the witness
what the effect would be if the street
were vacated and each of the property
owners would decide to build fences
down to the low water mark of the
river. The reply was that all below
the first lot would be shut off and have
no outlet. Mr. Scarlet interposed
vigorous objection to this as there was
no assumption that the present road
would not stand as private way.
E. S. Miller street, missioner,
was sworn. He has held his office for
four years and has never known the
extension between Etter's alley and
the borough line to be obliterated or so
badly washed that it could not be US
ed. He admitted, under cross examina-
tion, that when the river rises Is feet
the road is inundated and that frequ-
emily by great floods the road is put
out of use altogether.
William Vastine was the next wit
ness. His residence is located two
squares distant from the road to be
vacated. The testimony showed the
property owners ON the road to be
Mrs Fisher, W. II. j. Blizzard, Rob
ert Morris, Foust Bros, W. A. Shep-
person, Lloyd and Wilson Lamberson.
Mr.. Vastine testified that in case the
road were vacated the properties own
ed as above would be entirely cut off
and would depreciate every much in
value, probably losing as much as one
third. The latter point of testimony
was offered after Mr. Scarlet interpos-
ed an objection on the ground that the
testimony was incompetent and irrel-
evant.
Mr.. Vastine was present at the view
of the road ON February 10, 1905 They
met he said, at Etter's alley. ID. f.
Gouger, one of the viewers, was indis-
posed and did not go over the entire
route, only as far as the creek S mouth.
The only other time when Mr.. GougeI
was present at the proceedings was
when the testimony was taken at the
court house.
Amos Vastine was sworn. He has
been member of council for nine
years, six years of which he was ON
the committee on streets and bridges
The Front street extension. he said,
has always been kept up by the bor-
ough. He has known the road for fifty
years. 1t is not rendered impossible
except when extraordinary floods oc-
cur. or when ice cakes are deposited
upon it. He was present when the view
was made and testified that ID. +.
Gouger viewed only part Of the road.
H. b. Deem. former street commits
sioner, gave testimony in line with