The Indianapolis journal., 1890-06-10
CLEANING UP THECALENDAR
The CounciImen and Aldermen Attend
Strictly to What the City Demands.
City Attorney Taylor Says Railway Companies
Can Be Compelled to Build Viaducts -Hick-
Inns Fire-Hose Contract Defeated.
COMMON COUNCIL.
A Meeting of Ordinary Interest I'm the
Transaction of Routine Business.

A Meeting of Ordinary Interest I'm the
Transaction of Routine Business.
The Common Council met in special
session last evening, the absentees being
Messrs. Austin. Davis. Gauss, Casper and
Sherer. The Mayor reported fines and fees
to the amount of S4s4.S0 collected during
May.
City Attorney Taylor submitted an
opinion relative to the following question:
Can cities compel railroad companies who
obstruct thoroughfares by their tracks to
build viaducts or erect other suitable
structures which will both protect life and
facilitate travel, the entire cost of these
structures to be erected at the
cost of said railroad companiess" Mr.
Taylor reviewed the various ordinances
that had been passed from April 1, 1850. to
date, relative to railway crossings. In all
of them were provisions compelling the
several railway companies to guard their
tracks. and so arrange as not to prevent q
Tree Use of the streets. He also noted an
act of the Legislature to the same effect,
which the Supreme Court had held as
mandatory. His opinion related to ques-
lions arising concerning the Vir-
sinson be- trasss sass sns snd in evs2n
decisions, said: ''These and large number
OF other authorities i have collected fully
sustain the views above cited; and after q
careful comparison of our statutes and
ordinances with the statutes of the various
States. whose courts of last resort have
passed upon this question, am decidedly
OF the opinion that the city, by mandamus
proceeding, can compel the railroad CON-
panles to construct. at their own expense.
al froa NJ nfxafn a
yladuct. including the approaches thereto.
Ihls viaduct, owing to the presence of
Pogue's run Immediately adjacent to said
tracks. would necessarily be an overhead
way, provided the railroad companies did
not choose to elevate their tracks across
said avenue. 1t is always q matter for the
court to determine and not the Council or
railway company. as to whether the facts
In each particular case require the building
OF an overhead viaduct or of way under
the tracks"
The committee on contracts reported,
recommending the awarding of q number
or contracts for street improvements, and
the report was approved. The contracts for
frs from OF Washingsoa street
OF Ohio street, from Tennessee
TO East street, were approved, as
were the contractors' bonds which ac-
companied them. Several ordinances
were read the third time. and passea.
MT. Coy presented petition supposed to
De from hack-driver5, asking the repeal of
the ordinance prohibiting hacks from stand
ing on asphalt pavements. and agreeing to
keep clean that part of the street occupied
by them. 1t was referred to the commit
tee on ordinances. A careful scrutiny
Jailed to discover any signatures to the
petition. A request from a committee of
the Central Labor Union for the privilege
of using Garfield Park for picnic on Sept.
i, Labor daV. was granted.
The committee on public property re-
ported that it had visited Greenlawn Gene
tery and found about one thousand feet of
the fence in very bad condition. 1t was
feet OF farm fence be purchased. and also
that the old city sexton, Robert Turner, be
employed to take charge of the cemetery
at salary of 50 day.
A resolution was adopted requiring the
city commissioners to meet and assess bene-
nts and damages upon the owners OF prop
erty along the proposed Fall-creek dixie,
from Tennessee street to Central avenue.
The committee on streets and alleys
recommended that the petition for the
opening and extension of Wright street
to its present width of fifty feet
from Sanders street to Birkmeyer avenue,
be granted. DeclaratOry resolutions. for i'm
proving, with broken stone, the road way
of Delaware street, from South street to
Madison avenue. and grading and gravel
ing the sidewalk and road way of Dorman
street, from Michigan street to the first
alley south of Vermont street, were adopted.
The Board of Aldermen having substi-
tuted the name of b. Dougherty for that of
Ed Kavanaugh in the Councils resolution
appointing the latter policeman for the
Blind Asylum Park, the matter was referred
to the committee on public property. which
was constituted a conference committee.
Ordinances were introduced opening
Alvord street from Home avenue
| to Lincoln avenue and for the construc-
tion of a two-and-a-h -half-foot brick sewer
along Indiana avenue from Tennessee to
| Missouri street. A declaratory resolution
| to improve Pleasant street, from Dillon to
| Reed street, by bowldering the cutters was
adopted. after which the Council ad-
iourned.