Evening journal., 1901-11-05
COMPANY SENDS
AN ULTIMATUM
Will Agree to Certain Con.
ditiOnS Of Resolution
RIGHTS TO BE RESERVED
Railway Officials Send a COmmunica-
tiOn to The Street and Sewer
Directors


What appears to be an ultimatum
growing out of the overhead railroad
track question, was presented to the
K Street and Sewer Directors at their
meeting this morning by John Biggs,
attorney for the p, W. and b. Railroad
Company.
The letter was signed by Charles e.
Il Pugh. second vice-president of the
cOmpany,an sets forth what the COM
pany is willing to do and the objections
\ to'certain clauses in the amended reso-
luton prepared by City SOlicicor David
| j. Reinhardt. In the subject OF height
of spans, ballasting of overhead bridges
and the erection of screens, the COM
pany agrees to do all that is asked by
the city. There are other points, how
ever. which the officials feel that they
\ cannot acquiesce in.
The communication follows:
Philadelphia, Wilmington and Balu-
more Railroad Company Office of
the Second Vice-Presidcnt, Phila-
delphia, November 2, 1901.
Resolution relative to elevation of
4 Philadelphia, Wilmington and Balti-
moro Railroad Companys running
tracks, in the city OF Wilmington.
To the Commissioners of the Street and
Sewer Department, Wilmington.
Delaware.
Gentlemen: The draft of resolution.
embodying amendments suggested, as
we understand. by the City Solicitor
and yourselves, to the resolution men
toned in the caption now pending be-
lore you, has been submitted through
John Biggs, for consideration of the
company's officers, and has received
their careful and considerate alton
tion.
This company is entirely willing toI
accept and adopt any reasonable modi-
ncation Of the pending resolution which
VIII not involve alteration of structural
ueialls essential to safety, nor be other
wise materially incompatible with the
plan and scope OF the very extensive and
expensive railroad Improvement in your
city. which the company cOntemplates
making, upon the adoption by your body
or an appropriate and satisfactory an
thorlxng resolutions: and in harmony
win this statement, / beg to review il
thelr order the suggested amendments
ana to make the following comments
thereon:
1. The plan Of the elevated structure
cOntempates that bridges over streetsl
may be supported by iron or steel col
umns. This feature OF practical detail
is so essential to adequately safe con
sruction that the necessity for the sun
port should in each case be determined
Dy the company. There would he no OBJ
Jecu0n TO provision recurring construc-
tlon of bridges Of a clear span across the
streets ana without supporting columns
at the points where in the Judgment OF
!he companys officers such construction
is reasonably practicable; but whore not
nfNI ia NaInH III
lutlon should provide definitely for the
supports and their location Ii tn 81
feature OF the suggested amendment 10
section 1 be modified as herein indicated
the company will accept this and atI
other provisions OF the amendment tlI
said section.
?. One Of the suggested amendments
10 section ? imposes upon the company
legislative COSTS in addition TO dam
ages, expenses and costs of legal pro
ceedings incident to vacation Of the por-
tiohs OF streets provided for in said sec
tlon' Although the company is willing
10 assume responsibility for an damages
lawfully resulting from, and all proper
costs ana expenses of legal proceedings
Ahcldent 10 the vacation. ] fail to under.
stand the provision respecting "egsla
i've costs, or the purDose of IFS introduo
tlon. as we are advised that no speciaI
legislation is needed TO effect the voco
Ion' ana further that no such specia
legislation is constitutionally capable oi
enactment, and the company cannot
therefore. assent TO nor accept the pro
posed provision respecting 'legislativeI
costs"
Another suggested amendment to SOC
uoh 2 requires the cOmpanys expressl
assent TO the opening at any time bere
aIter when and as desired by the citv nu-
suolltles' OF streets north of Nandever
avenue, across, under or ovpru tho
company contemplated elevated sfruc
tufe, Inc use of the word "across''
would permit and authorize the
opening of new streets across the
SleNated tracks at grade. 1t must moi
De otetlooked that very important ele-
nnent IN the company's contemplatedI
WORK OF Improvement is the erection and
establishment of large car and renal
shops ON ITS property north of Vandever
avenue, IN lieu Of the present sbons. tho
removal whereof will be necessifatod b,-
Ihe construction of the elevated railroad
The erection and existence of the elevaf
ed structure VIII interpose no legal bar
rier to the location and opening in the IN
ture by the city authorities of streets
IN the manner and upon the terms and
conditions by law prescribed and II onJ
when thus located and opened tbe dam
ages resulting to the railroad comnanv
should, and would. be provided for and
ascertalned IN Ike manner with other
owners Of the land affected thereby
II at any time hereafter, under legal
proceedings authorizing the same. streets
shall be located and opened by an under
grade passage beneath the elevated rail
road, the company would be willing toI
contribute equally with the city i'm the
cost of constructing the bridges above
such street. and would after construc-
tion. maintain the bridge at its own ex-
pense.
The provision in its present form would
80 materially affect and interfere with
the establishment and maintenance Of