The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-26
.PETTIS, BASSETT & Co
TROUBLESOME PoGUE's RUN.
The DISTINCTIONS in Its Channel-The City's
Power to Levy a Tax for Its Inn
provement.

The time given the railroad companies whose
hestle bridges obstruct the bed of Pogue's run
IN which to remove their Instructions will ex-
pire at p NJ tomorrow, at which time, If they
have failed to do so, the street commissioner, If
he obeys the orders of the Council and Board of
Aldermen, will take force of men and tear
them away. The bridges which in great part
cause the disastrous overflows OF Pogue's run,
the Wabash, at Liberty street, the P, c. & St.
L. near East, and the c., FL, & l., which lies along
side the last named on the south. The Wabash
trestle work, the heavy timbers of which are
charged with preventing the passage Of the
water, have come in for the greater part OF the
blame in the damage suits against the city,
though the others, particularly the c., II. & l.,
have been declared scarcely less miscellaneous.
One specially bad obstruction in the run is the
old dam put In by the Peru Railway Company
Ghe predecessor of the wabashl about hun
dred feet above Liberty street. This was put in
to make a head OF water to supply the water
tanks of the company at that point, and it is
this obstruction that has largely, if not wholly,
caused tins ssau accumulation OF s~sr. ~. ~ IT,. In.
arches OF the Washington street culvert. AS to
the railroad companies, notice was serp4d on
tb5m once before by the street commissioner to
remove their bridges I'm last March and April,
but with the exception of the Decline, which
removed rrestle bridge on its switch at DICK
sons lumber yard, no attention was paid to the
notice
Another obstruction to the free flow of water
in POgue's run is in that part of il that runs
through Dickson's lumber yard. from Davidson
to Noble streets. Here the banks are built up
with stone which encroaches upon the channel
of the run, narrowing it TO about tw0-thirds of
its natural width and assisting TO cause the water
to overflow above Market street, which happens
ever before the Waehjngton-street culverts
full. The stream, it is thought. ought to be wid-
ened at his point
Journal reporter interviewed City Attorney
Denny regarding the power OF the city to levy
tax to be used in improving POgues run, so that
these damaging overfiows may he prevented.
"As long ago rs Feb. q, 1882" said Mr.. Denny,
"the city attorney gave TO the Council a written
opinion on the question OF the power of the
Council to levy special sewer tax over and
above the ninety cents limit for taxation under
the law of 1877. That opinion was that the
Council had such power for the reason that if the
Legislature in 1881 did not mean to give such
power the sewer law of April 10, 1881, has
meaning at all, for prior to that date the Council
had power to set apart any amount of the nine
ty cent levy for sewer purposes that it saw fit"
The act of April 10, 1881, reads as follows:
an all cities organized and Incorporated under
the general laws OF this State having a common
council and board of aldermen, such common
council and board OF aldermen shall have power
to levy and cause to be tssned ana collect In
each year tax, to be designated as a sewer tax,
on all property subject to State and county
taxation In such city, and the cost OF the con-
BtructiOn, maintenance or repair OF any or all
sewers or dT aims of an internal diameter of more
than three feet may be paid ont OF such sewer
tax" The act gives the Council power to divide
the city into sewer districts, and make the tax
rest in each district of all the sewers in that dis
trict.
It is thought the district feature is impractical
Bile, but there Is probably nothing TO prevent
the Council gong to work and, under this act,
fixing a rate OF taxation and collecting tax for
the improvement of that troublesome water
course, POgue's run. An estimate has been
made that it will require IA tax of fifteen cents on
800 each year for three years. With our pres
cit appraselnent this would raise about 1913, 900
year. or S235.000 in three years, which would
be about the amount needed.
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