Evening star., 1902-03-18

TalTOdu company was ABOUT One-HdlI the
total expense Of the work
Often the public's share of the expense
under this right Of way rule" is light to
the point of disappearance, as in the case
statement by the city engineer, the rail
road companies paid all the expenses for
track elevation through the city.
Chicago's Experience.
In this matter Of sharing the cost of the
actual work Of eliminating grade crossings
the experience Of Chicago affords an in
structive guide. That city was, within
short time ago, one Of the worst-ridden of
American municipalities, with steam rail-
roads crossing streets at grade In many
directions and rendering life and limb ter
ribly precarious Upward of 1000 or these
grade crossings existed. each with its
deadly record. The railroad business of
the western metropolis multiplied and no
laws were provided to give the municipality
tunately, however, the general act for the
incorporation of cities gave to the city
council the right Ito regulate the police of
city or village and to pass and enforce
all necessary police ordinances" The CHI
cago municipal officials finally ventured to
apply this authority to the grade crossing
problem. and In this it had the support of
the courts, which had repeatedly decided
that this clause includes the right to pro-
vide and execute all measures necessary
to promote the health of citizens and the
protection Of life and limb. while later de-
cisions have gone SO far as to include the
general welfare and even the convenience
Of the citizens
Despite the refusal Of the railroad Off
cials to concede that there was any power,
state or municipal, to compel them to ele-
vate their tracks, yet Chicago has been
able, by the exercise of its police powers
to very materially reduce the evil by pass
ing ordinances requiring the railroads to
place gates and guards at all grade cross
ings, to fence the right Of way, regulati
the length of trains, prohibiting the ring
ing Of bells In the city and requiring that
trains be brought to full stop. on eacn
side Of certain crossings. The enforcement
Of these regulations entailed more or less
expense upon the railroads. as well as loss
Of time, and the officers Of some of the
companies agreed that II certain conces-
sions were made by the city the companies
would accept ordinances for the elevation
Of the tracks.
Thus the city secured by indirection full
power in the premises. The municipality
agreed to allow a slight depression In the
streets and to assume all damages, direct,
incidental and consequential, to adjacent
property or business caused by the enforce
ment Of the ordinances. or by the excava-
tion, depression or change Of grade made
In any OF the streets by the elevation OF the
tracks. The public thus assumed the bur
den Of all damages and costs incurred out
side OF the right Of way. This constituted
the public's share OF the expense OF track
elevation save the agreement to defend all
suits brought for the recovery or any al
legged damage.
On this subject The Star was in Decem-
Der, 1900, thus informed by Mr.. John
ONeill, superintendent Of track elevation
for the city OF Chicago
There are now damage suits filed in the
different courts Of the city Of Chicago.
growing out Of the elevation Of the roadbed
and tracks Of the different railroads and
the depression OF the streets at the inter-
section Of streets crossed by railroads, at
the present time Guly 2. 1902 Of over $l2.-
100000. We have proceeded so rapidly with
the elevation OF tracks In our city, and
eliminated so many grade crossings, that
the courts have not yet reached any OF
these damage cases that have been filed.
and consequently we cannot state whether
they will be able to recover anything
the city will be able to prove that the gen
eral benefits that will be derived from the
elevation Of the roadbed and tracks Of rail-
road companies within the corporated linn
it's Of the city will be an offset against any
cases of damage that may be filed"
The railroads, on their part, agreed to
pay all the expenses of the elevation Of the
tracks.
The city has not shared any fraction of
the cost Of track elevation. nor has it given
any public lands, streets or parks to the
companies.
Chicago Compared With Washington.
This record, compared with the proposed
bargain with the Baltimore and Ohio in
this District. is highly instructive. In Chi
cago the municipality was without law. 1t
had only police authority, by means of
which it could merely annoy the corpora
tions by imposing burdensome, though nee
essary restrictions. Here the corporations
are wholly within the jurisdiction of Con-
gress, which has the power at any time to
terminate the rights and privileges of the
corporations and to compel them to adopt
any prescribed mode Of construction to
ir,in fa crossings
The work accomplished at latest ac-
counts in Chicago in the elimination of the
grade crossings has been thus stated:
Total number Of subways constructed by
all railroads. including those constructed
Jointly where the roadbed and tracks par
allel ca ch other, under all ordinances passed
from May q, 1892. to December 81, 1889,
3O6: total joint subways constructed with
other railroads at the same Intersection Of
streets, 52 actual number Of grade cross
ings eliminated by subways constructed,
254; total number OF streets taken care OF
that connect with streets where subways
are constructed. 81; total number Of streets
discontinued by the elevation of the road
bed and tracks of the different railroads, 20;
preston Of the roadbed and tracks Of the
different railroads. .3s; total number Of grade
crossings eliminated to December 81, 1899,
$50; total number Of subways yet to be
1892 including joint subways, t79; total
structed under ordinances passed in 1899,
81; total number Of subways yet to be
construction under ordinances passed
in 1889, 90: streets that will be taken
care Of when elevation Is completed
under ordinances passed In 1899 g. streets
that will be discontinued when tracks are
elevated under ordinances passed in 1890.
81; total number of grade crossings that
will be eliminated when all work is COM
pleted under ordinances passed, b24.
The total approximate estimated cost of
this work, exclusively borne by the rail-
roads, is So, ,2SS. 600.
An Instructive Pittsburg Case.
Many instances Of a division Of the cost
between the railroad and the public on the
right Of way basis are to be found. Nota-
bly, among them Is that Of the Pennsylvania
railroad at Pittsburg, which in it's entrance
traverses several populous suburbs, all
within the city limits.
On December so, 1872. the company en-
tered into an agreement with the city of
Pittsburg providing for the elimination of
certain grade crossings by building bridges
to provide undergrade and overhead cross
ings therefor, which agreement had legsla-
tive sanction. The Pennsylvania Railroad
Company, under that agreement, assumed
the responsibility for and the cost of doing
all the work along it's right Of way, includ
ing the erection of all necessary bridges.