, 1873-01-22
Who Shall Pay for bridging the
Streets I
Consultation Between City and Rail-
way Officials.
The Mayor Thinks the Railways Must
., Foot the Entire Bill.
The Latter Willing to Divide the
AZ, Expense.
And ETh1sa tho N1rosticr, Stands

And Thus tho Question Stands
Mt Present.
An adjourned meeting Of tho Joint Council
Committees on Streets and Alloys and Railroads.
tho leAding railroad officers, and the Mayor, WAS
hold yesterday afternoon, in tho Common Coun-
oil Chamber, Alderman Woodmnn in tho chair.
THE siAyon EXPLAINED
that the object Of -tho meeting was to consult
together with regard to systom Of street yia-
ducts During tho past yoar number Of new
roads had obtained entrance to tho city, and tho
Common Council had specified oortain condi-
tions on which these rights wore to DO obtained,
ono Of witch was that tho new roads were to
build yiaducts ovor tho principal strcots crossed,
four or two annually, and two after certain
dato, two annually, undor tho supervision Of tho
roads had agreed to these terms,
and another would probably accept them,
It happened in number Of cascs that tho now
road could only build one approach and hnlf u
viatluot inasn,uch as the other half Of the track
was owned by an old road. Hence tho city had
provided for a system Of half viaducta. Tho
nity wanted complete viaducts. Thoy also
wanted tho old roads to build viaduots over the
streets crossed by their tracks. Ono Of the
grounds on which they mado tho demand WAS
that tho city had 3 prior claim to the streots;
secondly. the city, in giving the permission to
CROSS streets, never contemplated any impodl-
mont to ingresB and egress ut these crossings.
Now tho city had grown greatly from Whit 1t
was when this permission WAS given. Now the
railroads nra rinfat{nV nrinhucnH nf tbn nftv nrd
a.,. .4. 'to1o:'As e4N .sN'''1,.r,o 4@
oitlzena we're daily running risk to life and limb
ofcers Of The ~ roatl WE'RE not o1emnt % from % 1an.
wv t,.n,-a,..a ,1,,a 49, s,a ~ ,aoaa a.n
e.. sss 'a,...s1,.' s "no ' .a "u.o
NJ" mnsnhly nEpooln8 one anotnef' dence tho
city thought 1t timc to como to an underatand-
ing. Engineers ],ad pronounced It impossib]e
to tunnel tho streets. Nor could tho rai]ronda
run ahoye tn tbo s.roata NJ in IN Tno1end Tia citv
must m cross either above Or below tho @ tracks and
they could not leave their grade. The road bad
not the right to permanently ophtruet the travol
OF the city, and continually toopardlzo Lie and
roed bud the legal right, to Interfere, they
had no moral I1ght, and tho police economy
would 90 directed against them eventually. lie
thought that the railroad companies would admit
that it was best to build Vladucts over their
tracks. They would escape injury to their in
teaeHts, damage, and oxponao., Every time they
occupied the crossing moro than nYe m1nutea
tho engineer was liable to arrest; th1s was tho
law, and 1t could havo been long ago enforced:
tloy were compelled to have large corps OF flag
mon to 'signnl citizene; tho, trains wore COM
rclled to rt1n at worry low ratio Of speed, whose
injury to their business could not but ho great.
BY tho erection Of ,viadncts these difficulties
Sona be by 0'Sasa a~ to h' bud az tSe Ssa vs ae
ducts; the city, had not tho money
to build them; and tho railroad had no right
to ask tho city to build them. :, In low and IN
rlgat tho railroads. ought TO puila mo g1aducta
posed upon tho city. Such in brief Waa the
city's caso. The Corporation Connso! you'd
give the legal pointa, and ting Board OF Public
Works had maps to show the different crossings.
It was lawful that the party for whose benefit
tho obstruction was made, to ronovo tho oh.
structlon. Tho police power could be directed
against the company without breach OF contract.
This had been decided n other States. Tho
railroads to do what was necessary for
tho comfort and protection Of the
people, He believed that the railroad could be
compelled to build tho viaducts and the ap-
crossing from tic people, and should elso give them
another.
, COLONEL HOWE sAID
1t was little hnrd to discuss. the question at
tho CONSTRUCTION Of viaduct5 across tic streets,
ho believed the companies desired to cooperate
with tho city in preventing danger at crossings.
The company which he represented had already
co.oporafed with tho city in tho construction Of
several yialucta, and had never declined to do
so. Az to the extent OF tho duty Of the compa-
nies to tho city, he believed that the roads had
m equal right to tho streets with tho
city- They were not o nuisance in the
legal OR tho ordinary sense Of the word.
Tho citygave the atreotB to tile citv, Tho streets
which wore ciyon tn thn Nort1,wasfern ROAD
wcrc tTe,, nnon 1,ro;rio nn5 Tia citv noi grn,r.,
,,a tIaF oFot pI 41"t ~, aua S.o I.'J nsa savnn
mayor 1nat tne stfcets Woro gwen up TO tne fall-
roads Was true OF only eonlo OF the streets. The
railroads had rightB in tho OF the streets CO.
roaflg ns we'll ns on tlo stroats had grown. and
lin 1o1nnnd for fha ,1sa ~ tha utroota l. ii oro,,,
~ 1n.I ILL, it, s"5 a. 1 g ~ ~ ~ 1.1t LII 5t,o"ii 5,.i