The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1892-12-24
ST. CLAIR STREET BRIDGE.
The City and County Liable to In
dictment for Noncompliance
With Orders to Raise the
Bridge.

About two years ago the Secretary
of War notified the city and county
authorities that they must raise the
st. Clair street bridge across the Ken
lucky river sufficient height to pre-
vent it from remaining an obstruction
to navigation during high stages of
water.
The local officials commended that
the United States Government, in ac-
cepting the river from the State.
could not regulate bridge which
had been placed there many years
before under State charter, especi-
ally if in the exercise of that power
the Government required an act
which would destroy the value of
the property to be regulated. The
bridge, it is said, was too old to be
raised and the order, therefore, could
only be complied with by the con-
struction of a new bridge, for which
the city and county should have an
appropriation by an act of Congress
for at least the value of the present
bridge.
A meeting Of the citizens to take
action In the matter was held and q
petition reciting the facts in the case
and requesting Congress to appropri-
ate sum equal to the value of the
bridge was formulated and sent to
Washington City. in the meanwhile
engineers from Washington came to
the city and took the matter under
advisement and reported that with
out doubt the necessity existed for
the enforcement Of the War Secreta-
ry's demands to raise the bridge, and
again warning orders were issued to
the local authorities to have the work
done or expect to suffer the penalty
prescribed by law. When District
Judge Sage, of Ohio, decided SINH
lar case against the United States and
in favor of Muskingum county, Ohio,
the citizens took new hope and al
lowed the order to pass out of mind,
to be called up again should the
Supreme Court of the United States
to which the Ohio case was appealed,
reverse the decision of Judge Sage.
That case has not yet been decided
in the Supreme Court, but the crisis,
in a limit of indulgence has been
reached in the case of Frankfort, and
District Attorney jolly has been
notified by the Secretary of War to
proceed in court to enforce the order
to raise the st. Clair street bridge.
Mr.. Jolly is now preparing the pa
pers for filing the indictment against
the city and county at the term of
the United States court, which will
be held in this city Monday week.
1t is not aec omforting thought for
the tax payers of the city and county
to know that penalty is sum not ex-
ceeding So. 900 a month, which, if the
indictment is found and the Ohio case
reversed, will have to be paid as
sum thrown into the river, for the
failure to do an act which, without
the order Of the Secretary of War,
has long stared the people in the face
as necessity that they were bound
to provide for, sooner or later. The
justice of the points in controversy
on the part of the city and county is
good in theory and it seems ought to
be 80 recognized in Congress by an
appropriation asked for, but what is
the use of all the law and justice in
the country if the coercing power
is deaf to all pleadings for time and
money! If Congress will not make
the appropriation, it is neither con-
sistent nor wise policy for Frank
fort to pursue in stubbornly refusing
to remove distractions to the naviga-
ton of the river, for the completion
Of which great work to the head
Hs4