Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-12-18

Az the ARGUS has heretofore stated. the
resolutions presented by Aid. Kennedy At
last Monday nights council meeting and
adopted by the municipal body. with ref
erence to the Twenty fourth street Via
duct. do not accurately represent the sit
ustien % far Is the railroads are con-
cerned. In fact they carry an inference
that is very unjust TO the railroads in sta.
ting in the preamble that the railroads
do not seem willing to cede to the Uni.
ted States by quit claim deed or any
deed that will be accepted by the war de-
partment for that part Of the right of way
required. over which the viaduc, must be
built"
The quit claim deeds already drawn
and sanctioned by the railroads set forth
the following:
WHEREAs. The city of Rock Island de-
sires that conveyance shall be made by
said railway companies to the United
States In order that compliance may be
had with said provision of sad act APP
proved aforesaid March 3. 1889.
Now, therefore. 10 consideration Of the
premises aforesaid and OF the advantage
that said visduct will be to
said railway companies, the said
Chicago. Rock Island & Pacific
AMI the said Chicago Burlington & Quiu,
cy railroad compsnief h,rehy quit claim
unto the United States OF America for
the purpose Of constructing and main,
fos mi ho~ -
mentioned 30 much of said right of way
owned and occupied by said companies as
lies south Of the south end Of the wagon
bridge aforesaid and flfty feet in width
being twenty-five feet on each siee etc
Provided however. that this
conveyance is made upon the express con-
dition that said viaduct shall be construct
ed and maintained at such height above
said right of way as that the underside
thereof shall be In the clear eighteen feet
above the top surface Of all tracks that
may be maintained by said companies or
either Of them across said right Of way
under said viaduct.
Now both the Rock Island and Bur
liugton roads have executed this deed.
The c. R. I. & P. did so sometime since
and the officials Of the c. b. & Q. as
sured Mr.. Oliver Olson on his visit to
Chicago that that road would do the same
at meeting of the directors yesterday.
But the assistant judge advocate general
at Washington insists that the railroads
give deed In fee simple-in other words
that they cut their lines in two at the via.
duct crossing and abandon all rights there
This they will not do. nor could they be
expected to do such thing. They have
made all reason able concessions and have
been prompt in all they have done for the
furtherance of the project Il is for the
purpose Of explaining the situation
comprehensively at Washington. and
OF acquainting the legal authorities
there with the fact that the rail
roads have given all they will and al
that can be reasonably asked OF them
that the Improvement association adopt.
ed its resolution and suggested Oliver
Olsen. man strongly conversant with
the situation. as the proper one to GO Il
Washington.
The councils resolution misrepresent
ing the situation. and the man who zoe
to Washington under its instructions AnC
sentiments will not correctly understand
the situation. The members OF tina coun
Gil no doubt acted in good faith, not
withdrawing that the mayor wrote th,
resrlution that Aid. Kennedy presented
and IL is quite probable that the mayor
wrote It from dictation. 1t bears som
very strong earmarks, thong the councI
is in nowise TO blame.