The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1884-02-07
The Daily Bulletin.
THE REASONS WHY.

NI"AisoioN to CROSS WASHINGTON AVE-
hue AND NEW LEvEE STREET, As FOL-
Lows;
To The City Council.
GENTLEMEN:-Your special committee
to whom was referred on Nov. S0th, 1888,
the petition of the St. Louis aud Cairo
railroad company asking permission to lay
tracks across Cor rather along) portion of
Washington avenue beg to report thereon as
follows:
While your committee is aware that the
position of the city council in this matter
hss been clearly shown and defined, and
made known to said railroad company by
denying similar applications heretofore
made and in defending that position, yet i.
would seem right and proper to give such
reasons As the committee believes justify Of
the present time the recommendation
hereinafter made.
First. The route indicated for the rail-
road tracks to run would, no doubt, also
cross or rather run along New Leves street
near its intersection with Washington ave-
nue., though not referred to in the petition
Your committee is informed that the St. L.
& Cairo railroad company does not own
any land sbuttlng on either Of these streets
at the points desired to be crossed. The
petition required by the city charter of the
owners Of the land representing more than
one-halt OF the frontage of the street or so
much thereof as it sought to be used for
railroad purposes before the council has
power to grant the right asked has not been
presented.
Second. In the opinion of your commit
tee There exists no necessity whatever for
that company to lay tracks in or across
any street Of the city in order to reach it's
depot grounds; but that it can by improving
the route it now uses, and has used for sew
sral years past, secure permanent, safe
and desirable roadway into the city with
out crossing any street, andthe right of way
thus occupied has been repeatedly offered to
said railroad company by the owners Of the
land. The only reason offered by the rail-
road company for not improving its present
occupied route into the city is, that the cost
Is claimed to be greater than by the route
crossing the streets petitioned for. Your
committee does not deem this a sufficient
reason to Justify the council in imposing
perpetual tax OF inconvenience upon the
people in thus using those streets. Besides
We believe that the council should smphsti.
cally declare its policy to be, in no inst
ancs, grant the right to lay tracks in any
street Of the city unless it was shown to be
absolutely necessary to do SO to enable q
railroad company to reach its depot
grounds.
Under the law the city council is made
judge Of this necessity, and not railroad
company.
Third. Your committee does not believe
that this railroad company is entitled to
the consideration claimed in consequence
Of its statements a. to ignorance of Wash
ington avenue extended to the city limits,
aud expenditures made at the time the
right Of way referred to in the petition was
acquired by tho old company's receiver. 1t
had been previously perpetuslly snjoined
from laying tracks in that avenue
and New Levee street (eccspt upon right
beng granted by council upon petition of
property owners, etc., as to the expendi-
lures made on the acquired right-of.wsy.
We are informed that the hrst grading was
done by the old company when it had no
title whatever to the land, but as trespass.
ers and the work done by the present man
agemsnt was in the face of perpetual in
Junction, and without consulting the city
authorities in regard to the right of-wsy.
Your committee further learns that the
referred to was in effect q do
nation and can, no doubt, be exchanged for
the right.of-wsy now used BY that company
As to the Improvements referred to in the
petition, we would like to see them 20 on ;
but, when made, can be reached quite as
we'll by route at present used as by the
route across the streets as petitoned for.
Finally your committee does not believe
that there is now any consideration that
the St. L. & G. R. r. Co. can offer to the
city of Cairo to justify the council in grant
ing the right prayed for. Last spring when
the citys leves needed widening and e1-
tending, the general superintendent of said
company agreed to recommend that the
railroad company widen and extend that
leves in consideration of being permitted to
lay its tracks thereon. This committee heart
ly assented to the plan and
the mayor recommended it in
his inaugural message, but nothing
came of the matter, the railroad company