The record-union., 1895-11-14
OPPOSING THE USE OF The LBVEE.
The Railroad Company Wants to Lay
a Track There.
Trustee Devine's Effort to Create 6
New Office Fails-To Meet
Again Tonight.

M. A. Howard SAID ne went OUT 10 VIC
City Cemetery yesterday to see about
some work to be done on the Exempt
Firemen's plat. He said the Superln-
tendent of the Cemeteries said the Board
of Trustees had no power to authorize
any alterations or work 10 be done In the
cemeteries.
The clerk read the provision in the
charter in reference to the cemeteries.
The charter places the cemeteries unoer
the control of the Trustees.
On motion of Kent the Exempt Fire
mems Association was authorized to 60
ahead with the work.
A. l.. Hart, on behalf of the Northern
Railway Company, presented an ordi-
nance granting the company the privilege
to repair the levee running from the Plo-
neer mills to point near Twelfth and Is
streets, and TO maintain tracks upon IL.
He said that during last winter 600 feet OF
the levee were washed away. The rail-
road company proposes to fill III the
ground between the levee and back OF the
railroad shops, retain the levee, maintain
it without cost TO the city, and to lay
tracks upon il for the purpose OF storing
cars on ii, if allowed to do so by the
board.
Devine thought the ordinance should
p6 QTGN III thO Ii vi q loaoOs
ToZer said the maintaining of the levee
as far as the Pioneer Mills should be left
TO tie future. AS far a. the levee Is con-
cerned it does not affect the city one way
or the other.
Devine was opposed to the contem-
plated repairs to The levee decreasing the
water frontage.
Mr. Hart said he could not see why the
board should withhold from company
which employs so many people in this
city The Use OF the levee. The only use to
which it is put is to keep out the back
water. The maintaining of tracks on the
levee would strengthen it because it
would have 10 be riprapped.
j. o. Coleman of the Chamber OF Com
merce said that the Committee on Public
improvements of the Chamber of Com
merce had submitted a report making
certain recommendations concerning the
levee system, but the City Trustees had
not yet acted on them. The Chamber OF
Commerce WAS in favor of the city hold
ing on to ali of its property. The Board
OF Trustees should not give the railroad
company the exclusive use OF the levee.
1t would be wise thing Tor the city TO
lease the levee at, say, about 81 a year.
Z. G. Brown said he was present to
represent his interests and those of Mrs.
Burns in Slater's Addition. He said the
levee was on the company's ground. and
il should have the right TO lay tracks on
il, MIR. Brown would not OBJECT so long
as the tracks were not laid on his prop
erty or on that OF those he represented.
Mr.. Hart said he could see no reason in
the objections of the Chamber of Com
merce.
lie called attention to the dispute con-
cerning The maintaining of tracks Oh the
Waterfront. He said tile Legislature OF
1868 granted the railroad company the
right to maintain tracks. ETC., on the
waterfront. The grant from the State,
he said, was followed in exact language
bv an ordinance adopted by the Super
visors Of the city and county. The water
'front.' said Mr.. Hart, from the northern
line of the city to X street, is owned by
the railroad company, and II could build
a stone wall along the entire distance if 1t
so desired.
Even if there was question of the
validity of the grant, it would make no
difference for the reason that the COM
pany has been in undisputed possession
for many years. The city Is at all times
interested in the maintaining of barriers TO
invading water. superintendent Wright
has said that unless the work can be lm-
mediately commenced it Will be too late,
for the water will come in and prevent
any repairs to the levees being made.
The reason the railroad company brought
the matter before the board was TO OBJ
tain the right 10 lay tracks on the ground
not claimed by the railroad company,
and TO avoid petty annoyances on the
part of those who throw obstacles IN the
way of public improvements on the
ground that the city is throwing away its
rights.
J. O. Coleman said it was unbeconiug
on the part of Mr.. Hart TO insinuate that
because property-own address the
board on matters of public interest they
are retarding the progress OF the city.
Mr.. Hart replied that he was not allud-
fnla n al 90
who may have addressed the board in
the matter.
Mr.. Coleman said it behooves the board
to guard the city's interest. If The city
has no rights IN the premises, there was
no need OF the railroad coinpany's repre-
sentative appearing before IT,
Devine said he would not vote for
franchise He would vote tor a twenty
tive or thirty years lease.
Tozer moved that the ordinance SUBJ
mitted by MIR. Hart be referred TO n COM
mittee OF three.
Kent said the levee was of no use.
There never was wagon road on the
leyee, he said, and there never will be.
lie thought, however, that the company
should only be given the right TO con-
siruct and maintain one track At present.
Tozer's motion 10 refer was lost.
ToZer said he was opposed 10 laying a
track on the water front until further IN
vestigation, and the matter was then laid
over until this evening.
Devine moved tl.2t further action on
the petition ior the closing OF the Second
street extension be postponed Indefinite
ly. but withdrew his motion, and that
matter was also deferred until this even
ing.
Devine offered a resolution that the
SUPERINTENDENT of Streets be directed,
until further order of the board. not 10
open or attempt 10 open twenty y-fourth,
Twenty-iifth and Twenty-siXth streets
from the south line OF IS street TO the
north line of i street, and c, ID and +
streets from the east line OF Twenty
third street to the west line of Twenty
seventh street, and the alleys in the
blocks bounded by b street on the north,
Twenty-nin;h street on the east, street
on the south and Twenty-third street on
the west. there being no immediate ne
cessity Tor the opening at this time Of the
streets and alleys mentioned.
Clinton l.. White said Thomas OBrien
owns considerable property within the
area OF ground involved ana that the
Superintendent OF streets has torn down
o. Brien's fences under the pretense of
opening streets through the property in
compliance with an ordinance adopted
TWO or three years ago. lie has all as
marquis patch there and If the streets are
run through it nearly all OF his revenue
will be cut of, SO that he will be unable
TO pay the interest on his mortgage,
which will be toreclosed on him If he Is
deprived OF the opportunity to earn
enough TO pay the interest.
ON motion OF DeVine, the Superinten-
tendent OF Streets was instructed 10 de-
fer further action in the matter for one
week. In the meantime the matter will
be Investigated.
ating the position of City Messenger.
Who shall be appointed by the Mayor