Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-09-18
LYON is DOUBTFUL.
The Q. S. District Attorney Advises
Architect Malone Not to Sue.
GRADES AT THE NEW POSTOFFICE.
No Ordinances Can be Found Committing
the City to the Work.
THE SIGNS OF WAR SLOWLY DISSOLVE

Under the date of September Il, United
States District Attorney Lyon has written
to NJ L. Malone, the architect in charge OF
the Government building, giving the re-
suits of his investigation into the legal
questions connected with the grade OF the
streets about the building. Mr.. Lyon says
that he had prepared bill of equity asking
for an order restraining the Central Pas
senger Railway Company from completing
its track on Fourth avenue, from Smith
field to Grant street. The bill is ready for
filing, and temporary injunction could
doubtless be obtained, but Mr.. Lyon ex-
presses grave doubts whether 1t could be
sustained when the company would ask for
its dissolution, which it probably would do
without DELAY. Mr.. Lyon says that he has
looked through the municipal statutes and
has been unable to find an ordinance
changing the grades on Fourth and Third
avenues and Cherry alley to the lower level
demanded by the situation of the Federal
building. He is satisfied that such an
ordinance was not enacted. While the faith
of the city may be pledged to cause the
grades to be lowered before the building is
completed, that has nothing to do with the
Central Passenger Railway Company. 1t is
an issue between the city of Pittsburg and
the Federal Government Mr.. Lyon leaves
the question in Mr.. Malone's hands, being
willing to file the bill if Mr.. Malone de-
sires.
WILL NOT SUE.
Superintendent Malone said Yesterday:
al will not ask for the filing of the bill. 1t
would do us no good to stop work on the
road for shoIt time only. We could not
effect ANYTHING by that 1t might do the
companv considerable harm and cost 1t
good of money, but it would be enabled to
complete its road finally, as Mr.. Lyon in
dicates do not care TO worry the company
to no good effect. In the talks 1 have had
with George l. Whitney, the President of
the company, he has expressed entire will
ingness to comply with whatever regulations
the city may in the future establish, and
has said that the company will not oppose
the enactment of an ordinance by Councils,
when it comes up. Chief Bigelow has also
satisfied me of his desire to assist in the
securing of the proper grade when the condi-
ton of the work in his department will per-
NIT it. think he will help to get an
ordinance through Councils.
There can be no doubt that the faith of
the city is pledged to lower the grade of
these streets. 1 believe that Councils will
pass an ordinance to that effect. The people
OF Pittsburg compose the city.
THEIR MORAL OBLIGATION.
1.-THE people of Pittsburg, through their
representatives, in Councils, do not appre-
ciate the work which the Government is do
ing here, and to carry out their moral obliga-
tion to the Government, there would then
arise the question, what action shall the
Government take against the city? 1 hope
and believe that such an emergency will
not arise"
The worknen of the Central Passenger
Railway Company yesterday morning pro-
ceeded to the completion of the tracks along
Fourth avenue beside the Government
building. The Stone-grinding apparatus
was drawn from below Smithfeld streel to
the vicinity of Grant street, and the work
of filling in around the outside of the cable
conduit proceeded rapidly. By o'clock
almost half of the block had been gone
over.
George 1. Whitney, President of the COM
pany, said that as there was no ordinance in
effect establishing lower grade, it had been
decided to complete the road on the present
grade as rapidly as possible. He added:
when there is anything done we will have
to conform to any grade that is made"