The sun., 1901-11-06
PENNSY SENDS AN ANSWER
Continued from First Pages

and all other provisions Of the amend
Hcnt to said section.
'2. One OF the suggested amendments
70 section imposes upon the company
legislative costs in addition 10 dam
ages, expenses ana costs of legal pro.
cecdinss incident to vacation of the por-
tlons Of streets provided for in said SEQ
non. Although the company i willing
20 assume responsibility for ;lll damages
lawfully resulting from, and all proper
costs and expenses of legal proceedings
Incident TO the vacation, | fail to under
stand the provision Respecting legislative
costs, or the purpose of its introduction,
rs We are advised that no special legis-
ation is needed to affect the vacation,
dnd further. that no such special lcgis
ation is constitutionally capable Of en-
actment, and the company cannot there
fore, assent to or accept the proposed
provision respecting Legislative costs.
Another suggested amendment ID sec
Jlon requires the company's eX-
ilvSS assent to the opening, at any
time hereafter, when and rs desired by
t!lr city authorities. Of streets north d:
\andever avenue, across. under or
over the company'S contemplated clc-
waited structure. The use of the wor,l
across would permit and authorize the
pening of new streets across the ele-
waited tracks at grade. 1t must not be
hN'flookcd that very important elc-
mrnt iii the company's contemplated
work Of Improvement is the erection and
establishment Of large ear and repair
shops on its property north of Nandever
avenue, in lieu of the present shops, the
rmoYal whereof will he necessitated
~ ! lie construction Of the elevated rail
tuad. The erection and existence of the
levatcd structure will interposc no legal
hhlllef 70 the locating and opening ia
~" future by tile city authorities of
'trrets III the manner and upon the terms
md conditions hy law prescribed, and if
ana when thus located and opened tile
tutagcS resulting to the railroad com
lHnE should and would. he provided for
nj asc"rtained ii like manner with
,iti"r owners Of the land affected thcrr-
y. II ~ any time hereafter, under legal
proceedings authorizing the same, streets
hall be located and opened hy an undcr,
ait'le passage beneath the elevated rail
| Dad, the company would be willing To
|
"St of constructing the bridges above
ueh streets ana would after cnnstrnc.
non, maintain the bridge ut its own
| AplSr.
| ~ he provision iii itS present form
| would 50 materially affect and interfere
! WIN the establishment AMI maintenance
/ A thr larg" car and repair shops above
| n"ntiancd as % obligc the company
| much n il would regret the neceSsttyI
abandon the continuance of this inn
oItant industrial establishment which
las been 50 long maintained in your city.
md the establishment of the same II;
| 1A!r other convenient point On its rail
"td These considerations will. | an
sure satisfy your body that the railroad
omi,ahy would NOT BE- justified in accept
n- this provision il its present form.
" II thai portion Of tho proposed
| dhhrlm"1tt 10 section 3. which rrlat, !,
| a. 'heW drainage channels be So phrasod
| n 70 Emit the obligation of til" railroad
toinpanE 10 the coSt If construrtio,
| within II" limits IF its right of way, of
'afh drainage channels il will bc III
/ rpted.
Another Of the suggested amendments
y section imposes upon the railroad
"npany all costs and expenses Of any
| 'nd all suits which may be instituted
'Sainst said city by reason of the mas
AGr ot this resolution. Or by the loca-
lni, construction, Or operation Of thc
@ld elevated structure in addtin to the
iparehtiy adequate provision Of tho
resolution in that regard, If Your body
deems This amendment essential to thr
ltI protection and the company as
nncS the responsibility for costs ana
Expenses VI all suits instituted against
ne city. the company should, Of course
]" accorded the right, in conjunction
Nith thr law officer Of the city, To appear
hereto ~ its counsel ANA conduct the
icI"ner thereof, and therefore the follow
NJ should hr added to the end of spctius
7, VIZ: Provided, however, that notice
u every such suit shall be promptly
av"h I" said railroad company, and the
dttrr shall have the right, in coniunC-
'lnh with the proper law officer Df said
ny, to appear thereto by its own conn
~, and conduct IN" defence thereof and
maj such S1t shall be settled or com
PROMISED without consent OF said COM
auy.
IF section 3 be- modified in the par
ticnlars, and in the manner designated,
h" company will accept and assume the
!utirs and responsibilities dcvolved on
thereby.
"All changes and notifications PRO
'tGScd by the suggested amendmcn..
Thich the company consider material
have been therein fully canyasscd, ami
the company's views thereon concisely
set forth"
Mr.. Pugh adds a paragraph telling Of
NJ magnitude Of the improvements.
The main points of the resolution ms
mapped out by the CITY nre nc FOL-