The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1902-02-03
ABOUT STREET CROSSINGS.
Under the Law the Streets csnno,
Now Be Opened.
'Editor Ardmorite

ENllNI AlAIuNllAt
Sir have observed many severe
structures in the columns OF your pa
per recently. upon the city officials
OF this city. because certain streets
IN this town. crossing the right-of
way Of the new railroads. are tenn
porarily closed. these structures. in
my opinion. were written without any
provocation and are unjust and unwar-
rauted
10 was stated in one issue Of your
paper. in substance, that Guthrie. o.
T.. had an ordinance. which was ac-
cepted by the railroad company. IN
which the road was not permitted TO
close her streets. along the right-of.
way. even during the construction of
the road. Endeayoring to leave the
impression that Ardmore had no such
ordinance. You also quoted me as say
Ing that this city would open up said
streets. and that ! had plenty Of la~
70 back me up. In a later issue you
published an article. in substance.
that somebody has said that there
was plenty Of law 20 require the rail
roads to open up the streets along its
roadbod but the withdrawal OF the
suit does not confirm such statement. "
/ am not using the exact language Of
your editor. but am quoting the sub
stance wholly from memory.
Now in answer to your unjust criti-
cism, desire to say. that a prosecu-
tion was instituted by me. as city at
torney. against the Western. Oklaho.
ma Railway Company, for obstructing
the streets. Your reporter told me
that certain parties had said that a
railroad could not be arrested and
that we could not fine II. and I told
him that there was q way. provided
| by law. by which a corporation coull
be legally gotten in court to answer \
criminal charge. and that the law also
proriGedsa way. by which If found
guilty a fine could be collected from
! il. and that there was sufficient law. in
my op.7ion., to sustain these propo
sltions
After a very careful and thorough
investigation Of the authorities. II
was obvious that during the course Of
construction, our city had no power
to require an opening OF said streets
That during such period the rights OF
the railroad were superior to those
Of any person and shoul this city a.
tempt to open such streets itself. al
injunction under the law. would b,
granted to restrain her from so do
ing.
Therefore. the criminal prosecution
could not be sustained on appeal
even II it should prevail in the lowei
court, and there was no use to incu
this unnecessary cost and expense
The prosecution was dismissed by
the court, on my recommendation, an'
l think properly so.
! further state, if your editor ha,
not desired to wilfully pervert Oh.
facts with reference to the CuJhrt
ordinance and by the execrisy os rea
sonable diligence. he could have asecr
tanned the fact to be that the city o
Ardmore has an ordinance almost sim
liar to that OF Guthrie.
| desire to .rate to the citizens o.
this town, thar Immediately upon the
completion of these railroads tracks
the streets will be opened, crossing:
will be established and that under the
law there is no power 10 require thl;
until the work is completed. the opin
ion Of the learned editor of this paper
Notwithstanding.
JAMES II. MATHERS.