The record-union., 1891-09-01
STILL At L0GGBRHBADS.
No Settlement Of the J-street Assess
ment Trouble.
The Matter Discussed Before the City
Trustees Again-Another Hear
ing Ordered.

Judge HoIl appeared before the City
/ Trustees yesterday as counsel for the
/ Street Improvement Company to for
mally object to the assessment levied for
the improvement of street, east of
Twenty-tirst. The refusal of the Central
Railway Company to pay for improving
| that portion of the street on which it has
no track leaves a deficiency OF upward
of 500, and the company that did the
work wants TO have the matter adjusted
in order that it may collect the money
due it. He quoted from the street law
authorizing municipal bodies to correct
or amend ass cssnents for street work
after due inquiry into the matter.
Judge Holl concurred in the opinion of
other lawyers, already given, that the
Street Railway Company is liable only
for such portion as is covered by its
tracks. In this case there is but a single
track, whilo the Street Commissioner
had proceeded on the assumption that
the railway company is liable Tor the
cost OF improving that portion of the
street covered by It's franchise.
The only remedy, he said, was for the
| board to instruct the Street Commissioner
TO readjust the assessment bY deducting
4
railway company for more than one
track and assess it upon the property.
l.. l.. Lewis, Manager OF the Central
Railway Company, who was present,
said his company did not propose to pay
any portion of the assessment bevOnd
that covering its single track now in use.
Several OF the prOpCrty-OWnerS affected
were present and expressed views an
tagonistic to those of the railway COM
pany.
i. J.. White wanted to know if the rail
way company could not step in and lay
its double track, without expense fo- the
grading. if the property-owners were now
to pay for the gravel.
Trustee Mclaughlin said he thought
the company could do 50.
Clinton J.. White, the boards counsel,
suggested that practical relief might be
obtained by requiring the railroad COM
pany to pay $500 into the City Treasury
as a consideration for the proposed O.
street franchise.
Both attorneys Holl and White agreed
that the company could be compelled to
place its single track in the middle of the
street if ii were 50 desired: but Judge
Hou said that had nothing TO do with the
matter before the Board-the adjustment
ofthe street assessment. The present hear
ing was formal and final, and the board
should nOy settle the question.
TO Trustee Conklin Mr.. Lewis said his
company understood that its franchise
for a double track had expired, and real
fzed that it could not lay another track
there without asking for new fran
chise.
Judge Holl said the question before the
board was being lost sight of These
matters were all outside issues. The
Street Improvement Company had no
claim on the railway company, and
could not enforce a collection against il.
Trustee Mclaughlin persisted in say
ing that the railway company should
place its track in the middle Of the street
Mr.. Lewis said that if the company
were forced to take up its track on
street east OF Twenty second it would
keep il up and run out NJ street The
property-owners on J seemed to think
! they had an opportunity to force the
company to pay their assessment or put
it to unnecessary expense. The COM
pany could and would protect itself.
The Mayor having been called out, and
there being no likelihood Of an agree
ment being reached, the hearing was
continued until 10 o'clock next Monday.