Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-03-29
ASIDEWALKCRUSADE
Chief Bigelow Sues the Marine Bank
for 0bstructing Pavements.
STEPS AND CELLAR DOORS MUST GO
Germany's Army Veterans Petition the
Courts for Charter.
GRIsT FROM THE HALLS OF JUSTICE

a suit that Is of direct interest 10 almost
every person owning property in this city
was instituted in Common Pleas No. yes
terday. City Attorney Moreland, on be-
half of E. NJ. Bigelow, Chief of the Depart
ment of Public Works, filed bill in equity
complaining that the Marine National Bank
has erected steps on Smithfield street and
Third avenue in front of the entrances to
the building. The steps, it is said, occupy
for considerable distance on each thor
oughfare strip of the sidewalk which, 1t is
contended, belongs to the city. the corpora
ton having only an easement therein similar
to that owned by the citizens in common.
The strip complained of is two feet and
seven inches wide on one street and two feet
and one inch on the other, and it is denomi-
mated trespass. The bill sets forth that
the bank officials were notified before the
building was erected that they must not
allow the steps to extend upon the pave
ment.
During the time the WORK was in progress,
it is claimed, the steps were covered so that
they could not be seen until the building
was almost finished.
The bill asks the court to compel the re-
moval of the steps, and make the thorough
fare safe generally for pedestrians. Should
the city win, the move is likely to be fol-
lowed by crusade on hundreds of prop
erty holders for steps, cellar ways, ETC. which
monopolize considerable portion of the
sidewalk in all parts of the city. 1t will be
a serious question with many property hold
ers as to how they are to get access to their
cellars, unless they are so altered by re-
cesses in the buildings to afford entrance
beyond the inside line OF the pavement, no
matter, if as is generally the case, the en-
trance is protected by area railings. 1t is
said to be the intention to extend sidewalk
privileges to the houses where they extend
to the end of the line. Children will, there
fore, be denied the exquisite pleasure of
sliding on cellar DOORS and must limit their
pastime of swinging on gates that do not OBJ
struct the highways.
A GENERAL CRUSADE.
Chief Bigelow, when seen yesterday, did
not think he ought to say much, but volun-
teered the following information: "We must
make test case of the Marine bank and
then we will proceed against all persons who
are obstructing the public highways. We do
not intend to make fish of one and flesh of
another. The move is necessary. Contract
ors, architects and owners all have the idea
that they have a right to four feet of the
pavement. Although they are told by the
city officials that they have no right to OBJ
struct or render dangerous the public high
wavs, they have fallen into the habit of
totally disregarding such instructions, even
after notice has been served several times.
We must, therefore, make them obey, and
to proceed against one means to
move against all. 1t is true they have some
cause for this. A city ordinance passed
away back in the forties gives them the right
to extend steps out a distance of four feet
over the sidewalk. This ordinance is con-
trary to law, which says public highways
shall be from building line to building line.
We want this point settled by the court, and
then we will know what rights the city has.
1 do not believe property owners have a
right to make space for themselves by rob-
bing the public of the sidewalks
When Cashier Won Bonhurst, of the
Marine National Bank, was questioned
about the matter, he said he was not in
position to say anything.
Vice President Wilson, of that bank, was
next visited. He said: II do not know
what to say about the matter until we have
taken legal advice. II it is a general move
we, of course. will acquiesce, but if they in
tend to make fish of one and flesh of the
other we will make light.
NOTIFIED PRESIDENT o'NEIL.
Assistant Superintendent Hunter in an
affidavit states that he personally served
notice on the architect and contractor of the
building, and on the President of the bank.
Captain O'Neil. He stated that the con-
struction of the building on the plans pre-
pared, with area ways steps and railings,
were dangerous, unlawful and disapproved
by the proper city officials. The ratings, he
said, are unsafe, especially at times when
there is a crowd or in the absence of light at
that point, and traveller is in danger of be-
ing pushed or of falling into the area ways.
He sees no reason why the bank should not
have constructed its building under the
proper restrictions except that it was for
their own convenience and gain.
R. B. Carnahan, Esq, says that the
Court should grant Mr.. Bigelow's injunc-
tion without hesitation, as there are numer-
Gus decisions by Supreme as we'll as lower
courts that would affect this case. The
courts. he said, are generally emphatic in
the opinion that no person has any right 70
construct anything that would extend be-
yond the property line on streets, either
above or below the line of the sidewalks.
There was, he said, an ordinance passed by
Councils in this city 25 or 80 years ago, by
which portions of the sidewalks had been
permitted to be occupied by certain persons,
but Supreme Court decision on the matter
settled il that Councils had no authority to
pass such an ordinance, and it was declared
illegal.
SOLICITOR M0RELAND SUSTAINED.