The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-11-29
CITY UP AGAINST
ANOTHER LAWSUIT
Trying to Give a Right-of-Way
Over Private Property.
Railroad Company claims Privilege
Of Building as Many Tracks
as Desired.
LITIGATION NOW IN PROSPECT

A lively fight Is now on between
the city. the Illinois Central and the
projected electric railway promoters,
over the right-of-way granted the
electric company at Eighth and Trim
Bile streets.
The Illinois Central objected to the
tracks crossing It's line at that inter
section. claiming that II would make
u too dangerous. a position fully
Justified by the facts. as anyone
can see by visiting the locality. The
general council paid no attention to
this objection and despite the menace
i might prove to human life by al
loving too many railroad tracks at
that corner. granted the right-oft
way.
The Illinois Central then took mat
.ers into its own hands. and began
building switches across the cross
ing. II claims that the property be-
longs to the railroad. and has never
been dedicated to the city for a street.
This is borne out by the records.
Last Friday night the city solicitor
was instructed to make an investiga
ton. and hnd out who owned the
property. and II II developed that the
city had a right TO Il as a street. to
proceed to take legal steps to stop
he switch laying.
The solicitor took no steps. and
meanwhile the railroad was aill
building tracks. Now It has 20 many
that the railroad commissioners will
never permit a crossing there.
The courts may order the tracks
remoyed-ln the course OF time. but
the tracks ere now there for long
time. The case will have to go to
all the courts before the company can
be compelled 10 tear up the tracks.
and II the interurban is ever built
and crosses at Eighth and Trimble,
T. will be a long time before II cross
IS.
The railroad company seems to
have decidedly the better Of the con-
;roversy. What the city calls a street
there is simply part of the |. c.
yards. II was bought by the railroad
when the remainder Of the property
there was purchased. and has been
used extensively for many years for
switching.
Several years ago during Mayor
Lang's administration. II was desir-
ID to have an outlet somewhere be-
tween Sixth and Ninth streets, Sew
snth and Eighth streets being closed
by the railroad. as II owned the
property through which the street
would have to be built. The city now
,laims that the railroad gave the city
the right to use a part OF Il as a
street provided the city graveled II,
and allowed the railroad to put al
many switches there as II desired
The railroad is not trying to close
the street now. but is putting down
'as many switches as II desires" and
II is not believed that the city can
stop II.
The railroad and telegraph com
nittee of the general council last
nlght met and ordered Solicitor Pur.
year to proceed to take such action
as may be deemed necessary in the
case. He said today that he would
confer with the railroad attorneys
and II no agreement could be reached
would proceed to bring suit.
The railroad attorneys when asked
about the Illinois Centrals position
stated that their only position was
that the property over which the city
| attempts to give right-of-way is pri-
yate property belonging to the rail.
road company, and the latter has
uever surrendered its ownership In
my shape or form.
Former Mayor James NJ. Lang said
today that in his opinion the city
made mistake in doing anything to
cause the railroad company to build
the number OF tracks at the crossing
It is now building.
"The railroad" said the ex-mayor,