The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-11-11
NORTHERN PACIFIC REPLIES TO
clTY's REQUEST.
WILL FIGHT If NECESSARY
One Crossing Asked for Regarded as
Unnecessary-The Other Is
ImpracticabIe.
From Fridays Daily Gazette.

From Fridays Daily Gazette.
Neither T~wenty-ffth, Thirty-irst
no Thirty-second street will be open
ed across the Northern Pacific tracks;
at least not during the tenure of the
present city administration. This
was the decision reached by the city
council at it's meeting OF last night.
The matter of opening two Of the
streets named came before the coun-
Gil sometime ago on petitions from
property owners and others interest
ed. 1t was asked that Twenty-ifth
be opened as a convenience to the
the eastern part of the city. In re-
gard to Thirty-first and Thirty-sec-
ond streets, the council was request
ed to take action in the direction of
opening one or the other for the pur
pose of making ccess to the new
southside school easier to the chill.
ulCn Hull IuC O1I S1uC WIN dlc
obliged to attend it.
Acting upon the petitions, the coun-
Gil notified the railroad company to
open two of the streets or appear and
make a statement of it's position con
corning the matter. A reply was re-
ceived that a representative of the
company would be present at the next
meeting and make presentation in it's
behalf. For some reason no n ap-
peared and the subject was allowed
to remain in allegiance until last
night.
When brought up last evening it
was on a communication from Super
intendent Horn. In a short letter to
the council he said that so far as the
railroad company was concerned it
was utterly impossible to open either
Thirty-first or Thirty-second setreet.
The company had gone to great ex-
pense in making needed improve
ments and to open either of the
streets would practically ruin those
improvements. AS to Twenty-fifth
street, he declared it was very appar-
ent that a crossing at that point was
not needed at all by the public, while
it was very much needed by the rail-
road company to safely operate it's
wool warehouse tracks.
In conclusion Mr.. Horn wrote that
he had submitted the city's commun-
ications to the company's division
counsel with instructions, if neces-
sary, to institute the required legal
steps to prevent the city from open
ing either III of the streets named.
supplementary to Mr.. Horns let
ter Mr.. Goddard appeared before the
council as attorney for the company.
He emphasized much contained in
the letter and also gave it as his opin-
ion that even were the city to take
the matter into the courts it could
not hope for an order compelling the
company to open the streets. AS to
a viaduct on either T%hirty-frst or
Th~irty-second street, he thought such
a proposition unfeasable. Because of
the great width of span required his
client considered a crossing of that
sort could not be constructed with
safety. The company, he said, fur
there argued that owing to the height
of the modern freight cars, especial
ly those employed in carrying furni-
ture and the like, an overhead cross
ing would endanger the lives of the
brakemen, whose duty requires them
to ride or top.
City Attorney Johnston shared in
the opinion relative to the city s in
ability to compel, through the courts,
the company to open either of the
streets.
The council apparently realized that
it held the tarred en- dof the stick and
a motion to table the matter was car
ried.
Having failed in this direction, the
aldermen gave themselves up to con-
s%ideration of the report of the ordi,
n committee on the bill for an
ordinance providing a regular place
at which the drays shall stand when
not really employed. The report rec
commended adoption of the long de-
ferred ordinance.
1t a adopted without a dissent
ing vote. Hereafter the drays will be
found on the south side of Montana
avenue. opposite the park and North
ern Pacific right-of-way.
The street and alley committee
submitted it's report, which Vas adopt
ed.
At its own request the ordinance