Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-06-30

lSoittHluCu IFOIn f1FSI rage.
w. H. Lynch yesterday by City So
licitor ID. S. SeitZ.
The construction of the public COM
tort station had been talked of for the
Square done in connection with the
proposed isle of Safety"
More than a week ago J. r. Ribbins
representative of Bion J. Arnold,
Chicago, municipal architectural en-
Sineer, visited this city at the instance
OF the Municipal League and looked
into the public comfort station and
isle of safety problem. The "isle'r
as has been planned provided for the
Capitalization of all the trolley traf-
fic in the Square around this Safety"
point. Naturally the traffic problems
and traffic conditions required consid-
cradle study.
Mr.. Mcfarland Asks Opinion
In order to be fully informed on
the whole situation Mr.. Bibbins asked
j. Horace Mcfarland, secretary of the
Municipal League for official informa-
ton relative to the city's rights in the
Square insofar as the construction of
a public comfort station and isle of
safety are concerned and of the exact
status of the 1913 loan. Mr.. Bib
bins was anxious to know particular
ly whether the 1913 loan ordnance
would permit the construction of a
station anywhere else than in the
Square.
The League secretary asked Mr.
Lynch to procure a legal opinion on
the question from Mr.. Seitz and the
city complied. His views in effect are
that the construction both of the i'm
provements under the legislative act
OF 1913 as 1t controls the streets. The
fact that ordinance authorizing the
loan specifies stations" would indi-
cate, Mr.. SeitZ thinks, that more than
one public comfort station could be
erected If the money held out.
Mr.. Seizts Opinion
Following is Mr.. Seitz's opinion in
full on the subject:
Mr.. William II. Lynch, Supt..
Dear Sir:
Your inquiry of 18th instant, relat-
ing to the city's control over Market
Square above ground or under
ground" and the status of the public
loan of 1913 with reference to the
isle of safety and public comfort sta
tion in Market Square," received and
considered. In answer thereto, 1 beg
to submit the following:
In pursuance of public proposal
made by John Harris on March 8,
1884, commissioners laid out, inter
ALA, Market Square, Market street
and Second street, prepared and filed
ten report "of their doings," April IA,
17S5. This plan was not recorded and
became lost.
The City's Appeal
I'm the case of City of Harrisburgs S
appeal (the Market House case) Judge
Simonton held, and was affirmed by
the Supreme Court, that Second street
and Market street had not become
merged into the Square, but passed
through it and retained their identity
as streets from one end to the other
as described in the deed of John Har-
ris and wife dated July 6, 1885. Mar
ket Square therefore is the space be-
tween the building lines from Black
berry street to Strawberry street out
side of Second and Market streets in
tersecting at right angles in the CEN
ter of said Square. The whole space
including said streets, is public high
way over which the city has the same
control that it has ever any other pub
lie highway. The act of June 81, 1913,
authorized comfort and waiting sta
tions in any of the highways of the
city, and therefore the city authori-
ties may construct such conveniences
in said highway, with the implied linn
itation that they shall not unreason-
ably interfere with public travel. The
city may also construct a footwalk,
isle of safety" in said highway, for
the exclusive use of pedestrians.
The Status of the Loan
THE public loan of 1913 authorizes
bond issue of $4,000 for a footwalk
on Market Square and for comfort
stations This language was made use
of deliberately, for (f1rst) a footwalk
or isle of safety" in the Square. The
phrase isle of safety" is not known
in the law as a public Improvement,
therefore 'footwalk was chosen as the
proper word. The words comfort sta
tons were placed after the words
Market Square so that these conve-
niences could be constructed either in
the Square or elsewhere as might be
deemed proper and the plural num-
ber was used so that more than one
could be constructed If the money
would be sufficient. I believe that the
courts would construe Market Square
as used in the ordinances authorizing
these improvements to mean any
where within the space occupied by
Second street, Market street, or the
Square proper. speaking technically
provided said footwalk or isle of safe
ty' would not unreasonably interfere
with vehicular travel-for 1t is my opin- |
ion that the Councils used the term |
Market Square as meaning the entire |
Square, and not in its restricted sense |
as defined by Judge Simonton in the |
opinion above referred to-