The star. (Cincinnati [Ohio]) 1874-1875, 1875-01-15
YETOBD.
The l. G. Je Il. Roilroad Ordinance Not
LaW.

LatV.
Mayor Johnston this afternoon sent q
communication to the Board of Council
men saying that he would not give his
signature to the proposed railroad ordin-
ance. In giving his objections to the or.
dinance he says:
SIN the first place, the resolution as
signs to the l., q. 4 l.. railroad company
all the claims of the city against the &.
& /. railroad company for rent accrued
under the lease of Pearl-street Market
Space. These claims amount to one nun.
dred and fifty. seven thousand dollars,
exclusive of interest.
"In the second place the rent, amount
ing to eight thousand dollars per year,
which is now payable by the railroad
company, is reduced to twenty-four hun
dred dollars per year. These are the
concessions the city is requested to
make.
"The previous REIMBURSEMENT by
Council'Of the city's claims have not
been accepted by the company upon the
conditions with which they were associ-
ated, and which alone gave them bind
ing legal force and effect.
"On their part the company agree to re-
lease their claim to the open space. on
Pearl street, between Elm and Plum
give to the city a perpetual lease of a
piece of wharf property on Front street
at a mere nominal rent. Apparently it
would seem to be lair exchange of
benefits, one i'll which the city would not
be a loser.
''But it is my impression that 1t would
be in order before closing the transac-
ton 10 have an examination OF the COM
pany's title to the property in question
by tie City Solicitor, which l ain assured
has not yet been done.
"Tne condition Of the property, and
the necessity, if any exists, Tor its re-
pair, or any Improvement involving any
material expenditure, is also worthy OF
inquiry. Assurances have been given
me that it would take large sum OF
money to render it or use to the city for
the purposes designated, and that at
present 1t is not in such condition.
Hlt is also essential that the city's
tion, if carried into effect, should be
carefully understood. Upon legal inves-
tigation ] find that the proposed wharf
forms a part of the property leased from
the Messrs. Hopple, and OF which the {.
& l. Co. are obligated to pay an annual
rent of six thousand dollars.
"Is it altogether certain that the COM
pany will permanently continue to pay
this amount, and il 1t docs not, VIA not
the city, as its representative, be liable
therefor? The company has made de-
fault in several Of its stipulations witt
the city, and it is therefore not unreasOn-
able and discourteouS to anticipate like
recurrence.
ats acceptance will simply make the
city Of Cincinnati tenant of another
tenant. Again, what is the value that
we should derive from the relinquish-
ment by the company OF their rights in
part of Pearl street square? What are
these rights? The city, as understand,
decided it to them upon certain
the most important of which
was that the company should keep it Ill
repair.
"Thus their REIMBURSEMENT is the re-
OF the performance of this
duty. Itmay he said that the Council
atterward gave them an additional fran
ehise, authorizing themto build depot,
but as they did not avail themselves OF
jhese new grants, and as they have not
with the conditions accompany
ng them, has there not been forfeiture
upon their part to the city!
"If there has been no forfeiture, and
thev are liable still to bulluthe depot,
would not its erection be OF more Import
ince 10 the public in crest that all the
other parts ofthis contract?
GThere should be u close legal exam
nation into the supposed benefits
nat we are to derive from our part of
he contract. 1t is not desirable that
he city should fall heir to a lawsuit
With powerful corporations, for expert
,nce has proven that in such cases we
ire usually the losers.
eve most clearly in practice relin-
Luish and fOregO the collection of $751;
100. This is not lii favor, as believe, of
he G. & 1. railroad company, which owes
he debt, and which possesses the tram
hise formerly given by the city, but the
enefts to be derived will inure to the
:, c. 81 l.. railroad company.
might concur with Council, if they |
hould, by ordinance, put in a new con-
ract certain limits and securities, such |
S | have indicated as desirable, and !
,hich are not contained in the document
ow before me, might not object to the |
bsolute REIMBURSEMENT in favor OF the |
!. Il |. railroad company, OF their debt in
consideration OF the property which is
ffered the city in exchange, provided
he title is perfect-a fact to be ascer-
aimed by the City Solcitor-and that
iso we have security that under no cir
shall the city be liable for
ne six thousand dollars per annum rent,
'hich is now annually due to the Messrs.
Lopplc, by the Z. ana l. II. Il. Company.