The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-08

Northern fndiana and the Michigan Central
and Illinois Central RaiI1 oadsf
from the Chicago Democratic Press April 80
To THE EDITORS THE DDdocRAnC Press
The censure contained in the speeches made and
utions adopted at the meeting At the Cty HAL last
with the construction OF the Northern Indiana
Railroad, to place the alty Of the present
of crossing at the place where the late dreadful
collision occurred, upon the proper persons.
had charge Of the construction of SO much OF the
Northern Indiana Railroad within this State under
John Jervis Chief Engineer Of the Michigan Southern
and Northern Indiana roads, Before any grading had
been done the Illinois Central line the crossing
called Colonel Mason and requested him to arrange his
grades to track and stated that the
company represented exceedingly anxious to have
avoid the hazard to which the lives
both roads would otherwise be exposed On the l4th
Of April 1852 deivered to Colonel Mason letter from
the Chief Engineer John b. Jervs Of which the following
is Q copy -
R. B. MASON Esq. Dear sir-Yours OF the It'll inst.
has been received. am sorry not to have you at
Chicago. The subject of crossing track by the ILL
nois Central road has occupied my attention for
nifty TO have conversation with you in relation it.
You will readily see that crossing lines far from sta
on by Of crossing frogs would be very objections
be 1t has nothing to recommend 1t except the expense
The objections areFr trains approaching at the
time under the excitement that would urge them to pass
frst may be brought into collision, and great damage
done to fe limb property Second it would render
It necessary for trans to sacken speed in order to
the frogs in safety and with all the that may be
frogs, and causing great damage to the train. the
crossing station the objections to this plan
would be greatly reduced But under the circumstances
appears to the only course to be recommended is
that Of bridging that each road would have their
track This will involve considerable EXPENSE and
should recommend that company do their share,
pay such proportion as would be fair and reasonA-
BILE. In the first place you would make the approaches
piles; and this would not be serious addi-
ton the expense-and the track down. the bed
could be filled with embankmont and made solid and the
respective trains would pass without interference with
aa~h 9TH fha haz Ard nf
the matter carefully think you will come to the
conclusion Two Important lines Of road should not
embarrassment as level crossing would involve And
shah be happy interchange views and enter into any
negotiations that proper to put this plan Of crossing
satisfactory and fair basis. In the time, VIII
liam Jervis will confer with you to plan and mode VI
crossing Respectfully yours, JOHN b. JERvIS
To that letter and my conversation the reply was
that other railroads crossed the level that
change the plan Guild delay the completion Of their road
to Chicago.
The Directors Of the Northern Indiana and Chicago
road having been notified of the plan adopted by the
Illinois Central held meeting in New York. and adopted
At meeting Of the directors Of the Northern Indiana
and Chicago Railroad Co., held at the Office, No "A
Beaver street. New York present GhaEls' Butler presi
John Stryker, Mr.. Stryker was appointed secretary
pro tenn. On motion, it was
Resolved that the Illinois Central Railroad Company,
having commenced the construction of their road at
point about nine miles from Chicago, whore their line
located, will the track Of the Northern Indiana
having made communication as to the mode and
manner of crossing the same and whereas the
by BRIDGE to be constructed the track Of this
pany-
be notified that this company cannot agree to any
other mode of crossing their road except bridge and
this company are ready to meet any officer or agent Of
said Illinois S1 Rsoad ny
agreeing the mode and manner OF said crossing and
that they cannot agree upon the same this company
fux
provided in the charter of the neis Central Railroad
Company and the general laws OF Illinois,
~ snv Of The track Of this
pany by the illinois Central Railroad Company until the
question is finally settled either by the agreement of the
parties, or commissioners a. provided in the law.
A0'0u'As1 uH''' 80 Oh CHARLES BUTLER President.
JOHN SrRyKER, Secretary.
Schuyler the President Of the Illinois Central Road in
New York, with request that . commission might bs
appointed under the charter Of the Illinois Central Rail
road to determine the manner OF crossng and several
meetings between Mr. Schuyler and Of the directors
were had, each Of which crossing upon the same
grade strongly protested against Copies Of the
solutions were also sent the attorneys Of
in Chicago with instructions to communicate the same
to COL Mason, and prevent any crossing over our road
except by bridge until the Of crossing should be
determined by q commission. That the public may
derstand the proposition for commission, here give
the provisions in the charter Of the Illinois Central road
and the general railroad law of this State II will be
collected that the Northern Indiana and Chicago road
from Michigan City to Chicago, had been completed and
the sois Central to cross it. Section II Of the charter
of the Illinois Central road provides as folows:-
Sec H. And when the route of the said road either
of its branches provided in this act shall ntcrsec
Cross connect WITH or along upon the line OF
any other railroad now constructing in process Of
construction by other company the company to be
Imed under this act ehal join with such other
pany in making all necessary turn OUTS sidelings and
switches and other convenences necessary further
the objects of such connection and when the route Of
any other company shall be occupied aforesaid Just
compensation shall he made to such other company,
for all expenditures made by them In the location of such
road and all railroads constructed in process
OF rueton nterseced aforesaid and connections
made with the roads authorized to be built by this act
shall be made and facilities in the transhpment OF
freight and passengers, and interchange Of afforded
by each the respective roads, upon fair equs-
bic terms and in the said companies cannot ag %
apon the amount Of compensation TO be made therefor
the points and Of such crossings and
tons the transhpment of freight and passengers and
inter change of cars the shall be
rmned by three one to be chosen each
ofad companies and the two chosen to choose third
and in case they upon the choice Of third
person. he shall be appointed by the Judge District
Court of the United States for the district of Illinois,
the decision of the three when chosen shall DO final
Provided that this corporation shall not take and
the road line of any such company which is being
without the consent and agreement Of the
company whore road or line is proposed so to be used
The general railroad law Of this State paragraph O.
seston 81 provides foows-'To cross ntersect join
and unite its railroad with any other railroad before
kucted ut any point its route and upon the grounds
Of such other railroad company with the necessary
OUTS sidngs switches and other convenience in fur
theIance Of the objects of connscions and every
pany whose railroad is shall be hereafter intersscted
by any railroad shall unite with the of such
railroad In forming such Intersections and
,ions and grant the facilities aforesaid and two
poratons cannot agree upon the amount of compensa
ton to be made therefor the points Of such
crossings and connections the shall be asceraned
and determined b. commissions to be appointed By
the Court as is provided hereinafter in respect to the
taking Of lands"
On the oath of April had another conversation with
Mr. Mason the subject Of this crossing and he assured
me that be would not disturb track without giving
timely notice. that could be present chose
object to his doing IT. object being, in addition to pro-
testing to have such notice would enable company
to take legal proceedings to prevent interference with
track But the It'll Of May, without giving the
promised notice. he cut the rails Of road and put
his crossing frogs and the first intimation had OF 1t
the receipt Of note from Colonel Mason, OF which the
following is copy
CHICAGO, May I, 1852.
William Jervis, Esq-Dear Sir: Having every thing pre-
pared day for putting in the crossing where
yours concluded TO put in and have done
took tie prscauton to keep man half mile each
way, with red flag, to stop any trains that might
come but fortunately none along. also
took IN n m pit