The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-04-07
DELAY IN SIGHT
FOR THIRD STREET
Aldermen Repudiate Agreement
Made by Board Of Works.
Issue to Fair and Quick
Decision.
JUDGE REED WAS To DECIDE.

II IL expected that the decision of
the board of aldermen to order Third
street plans to proceed and have the
street car company put whatever II
wants under its tracks, will result In
complications and delays, possibly.
in costly litigation.
There Is dispute In regard to
certain provisions of the franchise,
and the street car company attor-
neys' construction of the provision
does not suit the city.
Il had been agreed by the street
car people and board Of public works
to refer the question to Judge w. M.
Reed. of the circuit court, and have
him decide which contention Is right.
and thus keep Il out of the courts
and save costs and delays, but the
board of aldermen declined to concur
in this arrangement. and last night
ordered the work on the plans to
proceed and leave out reference to
concrete under the street car tracks,
leaving the company to put down It's
tracks on the bare ground IL IL de-
sires.
1t is likely that the failure OF the
aldermen to carry out the program
agreed on by the street car company
and board OF public works. which
would have settled the question to
the satisfaction of both, will result
in litigation. even II the street car
company has to pay for the material
and work under its tracks. - It can
later on sue to recover.
Ii seems the city was afraid to
trust its case to t.ir. quick decis-
ion.
Ii Is claimed by some that the
street car company's contention is
so plainly right that the city knows
II will readily lose IL the question Is
submitted to a good lawyer. and has
decided that by taking the matter in
to court II may succeed in winning
through the usual uncertainty of lit
igation.
As there Is between $4,000 and
IS, 900 at stake, neither side will
likely submit. now that the city has
declined to settle Il In any manner
except through the courts. II is
probable that the work on Third
street will never be started until the
question is settled. as an injunction
would soon stop the work II 1t were
begun.
The people OF the South Side who
want the reconstruction OF South
Third begun, will doubtless not be
pleased wAen they learn that the city
was afraid to trust its case to an i'm
partial decision of Circuit Judge
Reed. and let whichever Judge Reed
decided rs right be exempt --om
paying the costs involved in the suit.
II seems to have been the fairest.
quickest and least expensive way that
the matter could have been settled.
The street car company officials
claim that the city paid for the very
same thing when Broadway was re-
constructed from First to Fifth and
on Third street from Broadway to
Kentucky avenue. that IL now claims
it does not have to pay for, although
there has been no change whatever
In the franchise ordinance. II is al
so claimed that every attorney who
has been shown the franchise in the
case has given II as his opinion that
the city must pay for the material
and work II is trying TO compel the
street car company to pay for. The
officials OF the car company say they
have no desire to escape just liza
bility, and do not want the people to
get that impression. but want to
pay no more than what is right and
lawful, and for that reason were will
ing to leave the question to Judge
Reed and do whatever he said the
law means for them to do, withou,
taking Il into the courts.