Evening star., 1900-12-11

SLUG duu AdWTeUCcVllIe, dll OI WIitCH az AL
cluded within the limits Of said city. On
December 30. 1872, the company entered
into an agreement with the city OF Pitts
burg providing for the elimination OF GER
tain grade crossings by building bridges TO
provide undergrade and overhead crossings
therefor, which agreement had legislative
sanction. The Pennsylvania Railroad Com.
pany under said agreement assumed the re.
sponsibility for and the cost Of doing all
the work along its right Of way. including
the erection Of all necessary bridges. and
changes in the grades Of the streets ana
alleys Immediately adjoining and leading
to its stations and property. and the main
tenance OF all abutments and supports OF
crossings, the city being responsible Tor ana
assuming the cost of changing the grades
Of the streets leading thereto and the main
tenance OF the superstructure OF the bridges
as part Of the public highways"
Captain Beach, Engineer Commissioner OF
the District. received last year the following
letter relative to conditions in Elizabeth,
N. j.:
ELIZABETH, N. J., October IA. 1899.
Yours Of the 18th received. In reply
would state that the railroad companies
paid all expenses for the track elevation
through this city. 1 cannot give the rea-
sons for their standing all expense, but by
writing to W. H. Corbin. North Broad
give you the information you desire.
Respectfully yours.
w. H. LUSTER, JR.
City Surveyor.
Mr.. w. c. Dodge. who undertook SINH
lar inquiry a few years ago, has furnished
The Star with the following letters bearing
on the same issue:
ROCHESTER, N. Y, Nov. "a. 1898.
The tracks in this city were elevated pur-
suant to an act of the state legislature. and
the city stood no part of the expense.
Respectfully yours,
GEORGE. e. WARNER,
Mayor.
(This refers to the New York Central
which had four if not five tracks elevated
through the city. 1 have a photograph
showing them. which l sent there ana
bought at cost of 81. and which 1 submit
ted to the House committee several years
ago, when the proposition Of the b. and o.
Dec 6, 1900. W. c. DoDGE)
From Jersey City Mr.. Dodge had the fol-
lowing:
December II. 1885,
Dear Sir: Replying to your favor OF the
10th instant 1 beg to advise that two rail-
road corporations have been compelled TO
elevate their tracks in this city to abolish
grade crossings In the case of the Penn
sylvania Railroad Company, the tracks
were elevated at the expense of the COM
pany and nine grade crossings were apol-
isked. The city did not assume any re-
sponsibility in this case, SO far as am In
formed.
In the matter of the Erie Railroad Com
paEy, seven grade crossings were abollshe9
al the expense of the railroad company by
elevating. In this case where it was neces-
sary to depress the streets, the grade was
changed at the expense of the city, vari-
ously estimated al from 5000 to $4,000.
The general cost can only be obtained
frcm the railroad company.
Trusting this will prove satisfactory, l
am. very respectfully,
Buffalo's case was outlined thus:
EDWARD HOOS, Mayor.
BUFFALO, N Y, November %, 1898.
Dear Sir: Your favor of the 17th, to his
honor, the mayor, has been handed me for
reply. The contracts with the different rail-
road companies In this city provide that
they will pay the entire cost of that pOr-
ton of the structure over their right Of
way. and the approaches thereto paid in
the proportion of one-third by the city and
two-thirds by the railroad company.
Where 1t Is necessary to take lands for
the erection Of any structure, the city pays
one third and the railroads two-thirds Of
the cost Of the land.
Any damage done to abutting property
and known as consequent damages is
paid in the proportion Of one-half by the
city and one-half by the railroads Yours
truly, EDWARD B. GUTHRIE,
Chief Engineer.
The Star has received, through Mayor
Diehl Of Buffalo. letter from Mr.. r. B.
Adam Of that city. chairman of the grade
crossing commission appointed by the state
legislature to regulate the railroad trackage
in Buffalo. Under date of December &. 1900,
Mr.. Adam notes that the commissioners
have entered into contracts with all the
railroads interested in grade crossings with
in the city limits, except the Delaware
Lackawanna and Western railway, and
says:
The terms of these contracts were as
follows: The railroads to bear the entire
expense of changing the grade OF their
tracks within the boundary line of their
property and of these lines extended across
any street or public space place. two-thirds
Of the cost of any approach to a viaduct or
subway and one-half Of consequential dam
ages to the property abutting on the ap-
proaches to viaducts and subways"
All the cases cited in these letters are
based. 1t is to be seen. upon the right Of
way rule" which requires the city to take
care only of the costs incurred outside the
railroads right of way, and In no case is
the public asked, in addition. to grant spe-
cial privileges, lands or connections or to
bonus the railroads