El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-07-26

fact that although these railroads are
not legally liable for maintaining this
levee, and that it would have been q
great deal cheaper ii they should let
the river break through the same, yet
they have kept a large force of en-
ployes at work, and spent many hun
dreds of dollars to protect the same,
and that their work 80 far has result
ed in complete success in every place
where they had constructed the levee
before the boundary commission made
the above order, and the saving Of
scores of humble homes. Don't blame
your mayor and city council. Praise
them. Very respectfully,
W. A. HAWKINS"
without dollar" "Thst body has
induced" Every Insignificant expen-
diture"-Let US see. The city council,
then, is in the habit of Inducing"
railroads to come into the city and
take up mile, Of city streets without
any compromising benefit. Indeed. If
this is so 1t ought to be looked into at
once. Let US by all means induce
more Southern Pscifcs to cut right
through the heart OF the town. The
city council doubtless had to work
hard to "induce" the Southern Pacific
to have that double track built through
the west side, franchise for which
was rushed through the council q few
nights ago. We presume Judge Kemp
does the Inducing He generally
has the fruits OF his endeavor in his
pocket in the shape of an ordinance al
ready prepared for business. And sin
significant expenditure" Indeed.
again. Are the city streets worth moth
ing? Are franchises worth nothing !?
Must the city go around begging rail-
road companies to come and occupy the
property of the public, property that
is part of the assets of the community?
This sounds well surely, coming from q
railroad attorney.
railroads are not legally liable for
maintaining this levee," and that it
would nave been cheaper to have let
the river break through the levee
rather than to have spent several
dollars" in saving it. AS we
said before, this statement does Mr..
small credit, for the franchise
requires that in case of the destruc-
tion of the levee by flood it must be
rebuilt within three months. Does he
mean to say that it costs more to keep
it up than it would to rebuild it? II
so, we can see the force of his srgu-
ment.
But, he goes on to say in effect if not
in so many words, voluntarily, and of
our public spirit purely, we went ahead
many humble homes from destruction.
''Don't blame your mayor and city
Praise themn'
Heaven deliver US from the Phari-
zee,
Now, our main contention should
,ot be lost sight Of. 1t is, that the
,ity, by the terms of the franchise |
granted to the White Oaks railroad by |
he city council, has taken upon itself
% make an effective levee out of the |
White Oaks embankment. AS we |
cad the franchise, the single and only |
benefit the city is supposed to receive
n return for its grant OF a valuable
franchise is an effective levee. I'm
ess the railroad embsnkment is kept |
q perfect condition and is kept closed |
nd intact in time OF high water. it is
10 levee at all, but only a railroad en-
'ankment, and is certainly OF no bene-
It to the city.
After the levee is once accepted by
he city the franchise becomes perpet-
al. 1t will also become constantly
more valuable. In return for this val
able aud perpetual franc hise, the rail-
Dad should by all means have been
harged with keeping the levee in re-
air and effective.
1t is true that the franchise does con.
ain a clause which requires the rail-
Dad to maintain the levee, but it is so
Torded, and so modified by other por-
ions of the ordinance, that we do not
onsider 1t binding on the company.
hat this view is the one also held by
ir. Hawkins is set forth definitely in
be letter above referred to.