Evening star., 1900-12-11
Letters Bearing on the Question Of
Grade Crossings.
HOW THE COST Is DIVIDED
Chicago's Experiences Related by
City Official.
OF II e r co Nj NJ q N 1T l T. 5

ments and the division Of cost between
railroad and community The Star has re-
ceived directly and indirectly. number OF
letters bearing on the subject. which are
herewith published. These letters relate
particularly to the cities where the right
of-way rule has been observed. thus put
ting upon the railroad and the public In
each case the expenses bearing upon its own
area:
CHICAGO, July 2, 1900.
Editor Evening Star. Washington. D. {.
Dear Sir: Your favor of the 18th ultimo
addressed to Mr.. Carter H. Harrison.
mayor of this city. asking for certain in
formation in reference to the elevation OF
railroad tracks within the corporated lin
its of the city of Chicago, has been referred
to me- In answer thereto permit me to
state that there is no direct legislation
of the state of Illinois expressly giving the
city of Chicago the right to compel rail-
road company to elevate its tracks.
The CITY of Chicago has assumed the right
to pass ordinances directing the various
railway comp. ..nies to elevate their railroad
tracks under the police powers granted the
city by the general act for the incorpora-
ton of cities, passed by the legislature of
the state of Illinois and In which certain
enumerated powers are given to the city
council, the 66th clause OF which reaos as
follows: ITO regulate the police OF a city or
police ordinances" The second clause is the
authority under which the city of Chicago
enacts the legislation necessary to abolsh
grade crossings. In the state Oh limos
the decisions are very broad as to what
may be properly done by the city council
in the exercise Of it's police powers. 1t Is
we'll settled that 1t includes all measures
necessary to promote the health OF citlzens
the protection of life and limb OF citizens
and the later decisions have gone SO far as
to include the general welfare and even con-
venience Of the citizens.
In the city of Chicago grade crossings
are an intolerable evil, owing to the vast
number, there being at least from 900 TO
5000 grade crossings, and owing to the large
amount Of traffic on the various streets the
delays caused by these grade crossings run
into millions of dollars annually. Belore
track elevation became as general as IT IS
now the loss Of life. not to speak of the
destruction of property and manning OK
citizens was something appalling, and II
was believed that though no express power
was given to the city to pass ordinances
compelling railroad companies to elevate
their tracks. if the police power was OF any
avail whatever 1t certainly could be invoked
for the purpose of abolishing grade cross
ings
The officials of the several railroad COM
pa nies have never at any time as yet con-
ceded that the city has any law, state or
municipal. that will compel them 10 eieVate
their roadbed and tracks, but under the
police powers, as mentioned above, granted
to the city by the legislature of the state,
the city council of the city of Chicago has
passed the following ordinances to insure
safety to life and property: BY placing
gates and guards at all street crossings In
tersected by railroad tracks, compelling the
railroad companies to fence their right Of
way. regulating the length of trains. the
number of cars to constitute train. the
ringing Of bells as they pass through the
city, the length Of time in which a locomo-
tive or train can keep a street crossing
closed coming to a stop on each side Of a
crossing where necessary; all of these ordi-
nanceS properly enforced entailed more or
less expense and loss of time upon the rail-
road companies, and the officers of some of
the companies and the city officers agreed
that if certain concessions were made both
by the city and railroad officers the railroad
companies would accept ordinances for the
elevation Of their railroad tracks.
The concessions made on the part Of the
city were to allow a slight depression of
the streets and assume all damage, direct
incidental and consequential, to adjacent
property or business caused by the passage
and enforcement of ordinances or by the
excavation, depression or change of grade
made in any OF the strets by the eleva-
ton Of the tracks of railroad companies
They have also agreed to defend all suits
damage. allowing the railroad companies
to intervene therein by counsel, If neces-
sary, for the purpose. Also to relieve the
railroad companies from defending the
judgments recovered against the railroad
companies.
The railroad companies on their part
agree to pay all expense of the elevation or
their roadbed and tracks under and by
virtue of the ordinances passed by the city
council of the city Of Chicago for the eleva-
ton of their tracks, Of whatever nature or
character it may be.
There are now damage suits filed in the
different courts Of the city of Chicago.
growing out Of the elevation of the road
bed and tracks of the different railroads
and the depression Of the streets at the in
terSection Of streets crossed by the rail-
roads, at the present time Of over S12, ,0OO-
900. We have proceeded rapidly with
the eleN alton OF tracks in our city, and
eliminated so many grade crossings that
the courts have not yet reached any of
these damage cases that have been filed,
and consequently we cannot state whether
they will be able to recover anything against
the city or not. Personally, think the city
will be able to prove that the general bene-
fits that will be derived from the elevation
of the roadbed and tracks of railroad COM
panies within the corporated limits of the
city will be offset against any cases OF
damage that may be filed.
In conclusion 1 will state that the city of
Chicago does not share any Of the cost Of
the elevation. neither has the city given
any public land. streets. parks. ETC.. to the
railroad companies as part Of the conces-
sons.
L
track elevation as accomplished in this city
from the commencement to January 1. 1900.
Hoping the above information will answer
your inquiries, l am yours very truly,
JOHN ONEILL,
Superintendent Track Elevation.
The full report of track elevation re-
ferred to by Mr.. O'Neill covers the ground
item by item, in great detail, and leads TO
the following summary Of results. which
has already heretofore been published in
The Star:
Total number Of subways constructed by
all railroads, including those constructed
jointly. where the roadbed and tracks par
ailel each other, under all ordinances passed
fIom May %, 1892. to December 81. 1899,
;i06; total joint subways constructed with
other railroads at the same intersection Of
streets. 81; actual number of grade cross
irgs eliminated by subways constructed,
25l; total number of streets taken care of
that connect with streets where subways
are constructed, 81; total number of streets
discontinued by the elevation of the road
bed and tracks of the different railroads,
30: total number of streets discontinued by
depression Of the roadbed and tracks of the
different railroads, :iS; total number of
grade crossings eliminated to December 81,
1899. 3S3; total number of subways yet to be
constructed under ordinances passed in
1899, including joint subways. 179; total
number of joint subways yet to be con-
structed under ordinances passed in 1899,