Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-14
THE u. a. r. RAILROAD.
Philadelphia Council Committees
ObtcctinR 10 IFS Crossing at Crude.


Directing 10 Its Crossing at Grade.
Philadelphia Times of yesterday.
As soon us the joint committees ON law
and railroads of common council had been
called to order yesterday MIR. Smithers
moved that the resolution offered for
adoption by Captain Thornton ut the last
meeting of select council, directing the
city solicitor to take such action ns was
necessary to prevent the continuance OF
the grading of certain properties i'll the
southern part of the city, be returned to
councils with favorable recommends
ton. In reply to question from Mr..
Vanderslice MS to whether any representa-
tive of the railroad company supposed to
be doing the work was present, Thomas
Hart, Jr., introduced himself rs counsel
for the Schuylkill River East Side Rail
road Company. He said that many in
accurate reports had got about that the
grading was being done on no public
| highway and on no streets; that no cob
BILE stones had been disturbed. The only
| property that had been touched was pri-
yate and the work was being done by the
permission of the owners. Mr.. Hart fur
Their assured the committee that before
anything would be done to affect public
property the permission of councils
would be asked.
Suppose" said Mr.. Rowan, councils
refuse what will you do them 7"
II think we will stand that risk, sir. :"
Mr.. Hart continued that, by the act of
legislature of 1868, no railroad company
shall enter upon or occupy any street,
lane or alley, the property of the CON-
monwealth, without permission of
councils, but that that act had started q
controversy, which has never been de.
cided, whether those words signify enter.
ing and occupying longitudinally OF
merely crossing. But the company did
/ not intend to contest this question with
tho city. At the next meeting of councils
n carefully prepared ordinance will be
, presented, to which MIR. Hart thought
| councils would gladly consent. The com
, pany is doing nothing to public lands.
, Mr. Rowan wanted to know what bust
/ ness the people of the First ward could
have with railroad. To this Mr.. Hur-
! replied that if anything beside freigh
: work is required lie had no doubt til,
s company would do it. They could no
: build railroad without crossing streets
but they did not propose to do so withou
1 asking councils.
u MT. ClhBnOTn uSktu 10 near Ille TeSOlu
D ton read, and then said that il appeared
i to him that the conditions under which j
= was framed did not exist.
= Contractor Ellis, who is doing the grad
Il ing said the line of road now in course o
n construction will cross certain streets n
IL grade. Mr.. Claghorn then remarked thu
II 1t would he time enough to put stop +
e the work when the plans are submitted
Mr. Owens said that in the preamble ;
d the resolution the work is said to be ul
Ii lawful. but that councils could not sto
q what is being done on private property
d He thought the city solicitor was til
10 right person to consult. The resolutio
is does not contemplate stopping the worl
p Contractor Ellis said he was working o
n n contract with the owners of the proI
erty. He received no money from I'll
is railroad company. The dirt was bein
i put in entirely ut the expense of III
II property owners, with the expectatio
IF that the railroad will come. Mr.. Wander
At slice said he would not vote for the res,
lie luton ms it stood, but that he would oift
Y. as an amendment instead of the worC
Is referring to stopping the work at preseI
nj going on, that the city solicitor |
Vt instructed to prevent the railroad con
e pany from building across or along an
10 contemplated public street or road
III After much more discussion Mr.. Val
Y derslice's amended form of the resolutio
it was adopted and motion to report it
ID councils with favorable recommendatiC
rs passed.