Montour American. (Danville, Pa.) 1866-1920, 1906-09-21
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 III 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 a limited number of people are
accommodated. For the land, none of
which contains buildings. it was held,
that as "A private road would suffice.
The vacation of the road in Mahon-
ing township, or that part between the
| creek 5 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 creek 5 mouth, which lies within
the borough limits and that this iutliC Is
| hardship not only on those who wish
to use the river road as a short cut,
\ II Il. 4
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 creek ) 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
the extension of Front street in the
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 n finish They were represented by
II. NJ. Hinckley and f. S. Gearhart,
an important point of their contention
being that the viewers Matthew
| Sheep, ID. 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
i 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. Nh. 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 he 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 "A private way.
| f.. 5. Miller street, commissioner,
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
ton, that when the river rises 10 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 TO- 1908. 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 5 mouth.
The only other time when Mr.. Gouger
was present at the proceedings was
when the testimony was taken at the
court house.
Amos Nastine was sworn. lie 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-
| Ouph He has known the road for fifty
years. 1t is not rendered impassable
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. f.
Gouger viewed only part of the road.
II b. Deem. former street commits
sioner, gave testimony in line with
the general facts adduced hy others