Telegram-herald., 1891-08-04
HANDS Off OUR TRACK!
The street Hallway Company
warns the City 10 Stop
LAYING CONCRETE FOUNDATION IHERg
A. lt lstsrfsrss With shs Dspo1s se
Their ftss. ksils esa Wfrss-Ths
(s0pasy's Siaasa Gag A.
ssrssy Iaylsrs optaiss.

The fact that the city has crdere0
some of the streets. upon which the
Valley City Street and Cable Railway
Company are operating, paved with
asphalt and Hallwood block. with .
concrete foundation. doe< not meet
with the approval OF the company.
Although the contract for paving the
streets was let some time ago. there
has been no definite step takeI In
the matter until yesterday, ~hen the
street car company flied a eoinin unica-
tion with the Board oi Public Works.
and through that body warning the
the city not GO lay the hali~ ood block
pavement, with concrete foundation.
on West Bridge-st.. from Jefferson
81 TO the bridge. claiming that The
ordinance granting the company its
franchise was passed prior TO the
awarding Of the contract Tor such
pavement. aud that the city has no
right TO lay such a pavement between
the rails, az viii Interfere with the
company repairing their ties. rails
and wires which are under the ground.
The communication SAYS that the coun.
Gil has ordered that the street shall he
paved from curb 10 curb without mak-
ing allowance for the tracks. Tie
Board OF Public Works is requested TO
restrain and put stop 10 the work
which has already been commenced.
of putting concrete and brick betwcca
the rails aud for : inches outside of
the same. Ii also states that The
same condition OF things exists on
State-st., which il 90 be paved with
asphalt on concrete foundation. and
asks that steps be taken 10 change the
contracts, 30 that some other than
plastic pavement may De put down.
Ii is signed by Jas. X. Chapman ihe
Street Railway Company believe that
their rights in the premises and para
mount TO that Of the city and that ac-
cording TO the city charter the paving
must not be continued. This com
munication was filed about IL O'Clock
yesterday morning and the attention
OF the city attorney dt-ected TO IL.
special meeting OF the Board Of Pub
lie Works wal eailcd 10 give IL con-
sidcration.
The City Attorusy's opinie~.
After a short deilberatin City Az
torney Taylor was called Ia. and in
regard TO the matter gave the follow
Ing a. his view of the question
In my opinion the city. through
its official boards. was commit
ted to this sort of paving and
foundation therefor before the Street
Railway Company, or it's predeees-
sors, accepted their ordinance; and
In my opinion such ordinance was &C
ceptcd and became obligatory subject
to the state OF iacts go existing. And
further. that / see no WAY fl winch
your honorable board or the Common
Council can now modify the plans aud
specifications for said improvements
without imperiling. II not absolutely
Inralidafing the assessment that viii
have TO be made for said improve
usats.
II therefore recommend that YOU
allow such improvements 20 proceed
unless duly restrained by due process
OF some court having jurisdiction"
In consequence OF the position taken
by the Board Of Public Works In fol
lowing the advice Of City ATTORNEY
Taylor. IL Is more than probable that
the street Railway Company VIII
cause an Injunction TO Issue enloining
the contractors from proceeding with
the work OF paving Just what the
outcome will be depends entirely ON
the manner In which the city charter
shall be construed by the court.