Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-04-07
Interesting Reading for the People,
Which Reading Did Not Appear
In the Morning Journals In
their Reports Of the GEN.
eral Council Meeting
Of Last Night.

Main street to the Charleston railroad
along jefferson street the rails are spiked
to the Nicholson pavement, and the rails
are elevated 80 high above the pavement
that vehicles run great risk in passing
over them. Along the entire line repairs
should he made in the treet.pavement
contiguous to the tracks, so as to bring
the surface on a level with the tops of
the rails, Near the bayou bridge the
rails are three inches higher than the
pavement.
THE POPLAR STREE LINE
The rails are spiked to the pavement
blocks and are above the surface Of the
wood pavemet, and no regular or ade-
quate repair Of the pavement contiguous
to the rails or between them has been
made. The tracks, therefore, are rot
as required by section 8 Of the com.
pany's charter, which provides that the
rails shall be laid so as not to ebstruct
travel" etc. Everywhere along the line
the sidings and switches are CREST OBJ
structions to travel.
MILL AND FIFTH STREETS LINE.
The rails are laid on narrow plank,
and the plank on the dirt streets. The
entire thickness OF the iron lies above
the plank, and hence the wheels Of pass
ing carriages surmolnt the rails with
much difficulty on the inside Of the
rails, and outside a greater difficulty ap
pears. The sidings everywhere are a
great obstruction to travel. On this line,
also, the company violates section 8 Of
their charter, which provides that the
company shall keep the surface inside
the rails and for two feet outside, in good
order and repair"
THE NAL STREET LINE.
The engineer reports as to this liRe
TINT the sidiDgs, switches and rails are q
great obstruction to travel, the iron rails
being too high, and they seriously en-
danger the safety of passing vehicles.
The pavement all along the line contig-
uous To the rails needs repairs, etc.
THE FERNANDO STREET LINE.
This line from end to end is badly out
Of repair. The sidings are everywhere
roughly laid, the rails too high, and, al
together, they are dangerous to vehicles.
CONCLUSIONS.
The engineer says in conclusion that
the provisions of section s Of the com.
pany's charter should be carried out
Such steps should be taken by the com.
pany, both as respects the kind Of rails
used, the mode of laying them and the
maintenance Of the contiguous surface
Of tie streets in good order and repair,
as would prevent the street railroads
from obstructing travel, etc.
CITY ATTORNEY WALKERS REPORT.
Judge Walker presented a supple
mental report, submitting the report of
the city engineer, and then recited the
different sections of the company's char
ter (%sections I and 81 with reference to
the duty incumbent on the company to
keep its tracks in good repair, and also
the street between its tracks and for two
feet outside Of said tracks.
Judge Walker lays down the PROPOSE
tons:
First-The company was required to
construct its road on the most approved
plan, and the company was required to
run cars "as often as the convenience Of
passengers may require" The general
council, from time to time, has power to
require such an increase Of the number
Of cars as the convenience of the public
might require.
Second-The railroad company must
adopt every reasonable Measure to pre-
vent its tracks from obstfucting carriage
travel. The laying Of tracks above the
surface of the streets is q clear violation
of the charter Of the company, and the
proper remedy for the city is to remove
the distractions as a nuisance.
Thirdly either the charter or the
contract with the city the railroad com.
pauy is bound to keep the streets in good
order and repair within the rails and for
tive feet outside, and this obligation re-
quires the railroad company to replace
the blocks as fast as they wear out. AS
to the various ruts and holes alongside
the tracks in various places the city at.
torney thinks that the street car com.
pauy is bound TO remedy it. The SOM
pany must keep the road in repair for
two feet outside its tracks, Should the
company, after reasonable notice, fail to
remedy the evils referred to, the city
might by mandamus compel its perform
ance OF its charter obligations and Of the
contract with the city, or a bill might be
fled TO forfeit the charter Of the railroad
company on these grounds, etc.
The above reports were referred to a
special committee composed Of Alder
men McCloy and Chase, and CouncilmeR
Kelly, seessel and Newsom, which COM
mittee, it is hoped, will waste no time
but report back at an early day-a re-
port which no doubt the street car mo-
nopoly will endeavor to prevent as long
as possible,