The Indianapolis journal., 1903-02-12
1t Is Believed the Parties at Interest
VIII Be Able to Agree on
General Proposition.
PREPARATION OF A NEW BILL
RAILROADS ARE SAID TO FAVOR
THE PRESENT OHIO LAW.
Mayor BOOkwaIter Holds Conferences
with Several Interests-PrOg-
ress Being Made.

For short time yesterday a rupture in
the negotiations between the city and the
railroads over the settlement of the grade
crossing question seemed probable. The
representatives of the roads, who held their
first meeting at the office of v. T. Malott,
receiver of the Vandalia, Tuesday, met
again yesterday in a different frame of
mind. 1t is asserted that they resented the
efforts of those not public officials to get
the right of way with legislative measures
while the railroads and the city administra-
ton were trying to unite on a measure.
The railroad men feel that their only deal
ings should be with the city administra-
ton, as it is in response to the invitation
of the administration that they are here
to discuss a settlement in all that it implies.
1t was evident last night that this danger
had been passed, and that the city and the
railroads were not far apart on a general
proposition. Along the lines of legislation
there is little difference except as to the
division of the cost of the work. Those on
the inside of the negotiations say the rail-
roads will be hostile to any bill that puts
upon them the entire cost of the work of
improvement. The railroads indorse the
Ohio law, passed by the Legislature of that
State in May, 1902. 1t is represented that
Tom l.. Johnson, mayor of Cleveland, and
others favored the law, and under it eleva-
tion work at Cleveland and Cincinnati is
soon to be begun. This law provides that
the municipality and the railroads shall
each bear half the cost 1t is understood
the railroads will insist on this provision
of the Ohio law.
PREPARATION OF RIIJ
The law which may be sent to the Leg
islature will be the outcome of the work of
several lawyers. This afternoon at 2
o'clock the mayor will meet with the ele-
waited track commission of the CONNER
cial Club to discuss its theory Of legisla-
ton. At the noon hour he will meet with
the Merchants Association committee for
similar purpose. Attorneys for both
bodies are working on laws carrying out
preparing law. 1t will be, with the omis-
sion of sections that are not practical in
Indiana, largely the Ohio law. The rail-
road representatives will also meet to-mor-
row, and the mayor Will have a conference
with them.
1t was understood last night that a bill
would doubtless be agreed upon by to-mor-
row night. at the furthest, and that If ac-
ceptable to the city and the railroads it will
be introduced in the Legislature Monday.
The railroads oppose the bill made public
by William Fortune Tuesday, and they
also oppose the Bamberger law, saying
each is inadequate. The Bamberger law is
regarded as dead, since its author conceded
its inadequacy.
If the railroads and the city agree to a
law along the line of the Ohio law it will
provide for the exercise of power by the
city for a separation of grades by either
lowering or raising the tracks. This power,
ii is already agreed by both. shall be
vested originally in the Board of Public
Works, which may make contract subject
TO the approval of the Council.
The Ohio law requires that no track shall
be raised to exceed the maximum or ruling
grade governing the operations of engines
of that division of the railroad to be i'm
pany, nor may tracks be lowered below low
water mark. If the company declines to
make the improveYent according to the
plans insisted on by the municipality the
question shall be referred TO the Circuit
Court of the county which shall determine
whether the improvement is made neces-
sary for public safety and IL so whether the
plans are reasonable and practicable. The
decision of the court is final and If more
than one company is affected the court
shall apportion the cost between them
APPORTIONMENT OF COST.
The law requires the cost of all improve
ments, raised, lowered. viaducts, ways or
crossings, to be borne equally by the rail-
road companies and the municipality; also
all damages to abutting property 1t is
specifically provided that all viaducts shall
be twenty-one feet from the top of the
rails underneath, unless by agreement. but
in no case less than sixteen and one-half
feet. The law authorizes the issuing OF
bonds to pay for the municipalities share
of the work and also for the payment of
part of the cost Of street work at points
where street railway lines use the cross
ings.
Many of these provisions and other relat-
ing to the appropriation Of land to carry