The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1891-02-07
WANTED.
where does the City Council get the
Power?-An Inauisifiye Property
OMner.
Editor ofMe Democrat:

and prosper. Let no II understan'
from what | say in this communica
ton. that | am opposed to the earl,
construction Of another railroad int
our city. unfortunately. however. al
the real estate | OWN. abuts on one o
the thoroughfares that is 10 be occu
pied by the franchise TO be granted Il
the Iron Mountain railroad. and if thu
road should be constructed and train.
operated on the road. as they no dOubi
will be. and THnr'ng at all hours OI
the day. and night as well. the value
of my property for my business will
be gone and | will have to light out
TO some other place in the iown-se.
lcct a new place TO do business. All
that is very VIII. But it is a burden
l am not prepared 10 stand. While
willing to ail literally | can't give all
have. | note that The proposed or
dinancc provides Ing the Iron Mount
ain shall pay all damage to the prop
erty owners: that is very well also.
But | can't go into a law sui; witt.
jay Gould As TO what my damages
may be. While willing to give him Il
good share Of my property to sccurc
another railroad, | would very much
dislike 10 have an expensive contro-
vcrsy with hin about the amount OF
damages. 1ic property owners in
New York. where h. is runnin. lis
elevated reads have been in litigation
with him for wears. 10 get just such
damages. as ! will suffer.
SO permit to ask the question:
Where in tho City Charter is power
conferred on the City Council to give
Il railroad IL street: | can't find it in
the Charter. | fiEd this clause:
SEXTON II. To direct ami control
the LAYING and construction OF rail
road tracks. bridges. turnouts and
switches in the streets and ALLEYS. and
the location of depot grounds within
tlIr city: 10 require thai railroad irac....
bridges. turuOuts aud switches shall
he 80 Constructed ard laid ~ not TO
interfere with the ordinary travel AID
the use Of the streets and alleys. and
that sufficient space shall be eft on
either side of said tracks for the safe
AMI convenient passage ii teams an
PERSONS In require the railroad COM
panics 10 keep in repair the streets
anal ALLEYS through which their track
may run and to light the same: To con-
struct and keep i'll repair suitable
crossings at the intersections of said
track with the streets and ALLEYS.
bitches and sewers and ~culverts: to
direct the Use and regulate the speed
OF locomotive engines within the lin
its of the city: to prohibit AMI restrain
railroad companies from doing a sfOr-
are and warehouse business or collect
ing nay for storage.
Now this is the only provision in
our Charter about railroads. Is it not
singular. that not n single one of the
tor the city provided in
this section has been inserted in the
proposed ordinance? No provision,
rs TO what part of the street shall be
occupied. no provision as to the grade.
provision as TO the speed of trains,
no provision for proper watchmcn at
all the street crossings that are asked
81 much moGC.ty. no provision
that the railroad shall light the streets,
10 provision that the railroad shall
engage in a storage OF warehouse
business TO the ruin of our storage or
warehouse men. All left in beautiful
uncertainty. OF course ! know that
the Iron Mountain railroad will treat
Us very literally. and that Jay Gould
i noted for his many acts OF kindness. |
But it seems to me, that We ought TO
have at least a few provisions i'll favor
Of the city inserted.
But this is not what | started out TO
say. The question is: Where docs
The city get the right-the power to
give away a street to a railroad: Docs
The right TO regulate the way in which
4 railroad track is to be put down,
give the City Council the right to do
Iatc a valuable street. without ever
providing for the damage that the
iJuttiHT property owners may suffer:
This is a very important question.
Is the proposed railroad with a depot
in Dorncyb:0nE, aad running"
:p and down the streets &nGifctc. .
is sure TO ruin every bit of the
property OH til" streets AID Leyce il is
ocatcd in, for the business purposes
'or which nov used. Even the track
IF the Southwestern railroad is Il mcm-
ice 10 the property. Eut amaginc
mother railroad running with ten or
wcnty. or may he thirty trains a day.
No telling how EiHry.
Now are We property owners on
and lcvcc TO he consulted or
lot: Are we TO let the railroad 90
aud then go 10 law with Jfy
or are we to get u damages
II advance! An we ask is that we be
tcfore ~haad-.hat we be re-
to either give the right of way
II have our damages paid, so we can
rel away and buy elsewhere in the
The general law for the incor-
,oration of cities provides a. follows:
The City CC@1cil shall have
ole authority by ordinance to grant
he ri@iI: 20 am persons. or corpora
ions. or company, to make and con-
,truct railroads and street railroad.
Il any street in said city and to regu-
ate aud control the use thereof: pro-
rided that DO saciT railroad shall be
o-J;pi ru any street or ailnV- in sud !