The Birmingham age-herald., 1908-11-29
Mayor Discusses Status of the 40O0 Death Traps In
 Birmingham
RAILROAD CLAIMS RIGHT
 OF WAY OVER 28TH ST.
Last Legislature Gave City Authority To Force Railroads To Put Via ducts Over the Danger
 ous Crossings.

On account of the revival of the grade crossing agitation. Mayor George B. Ward was asked yesterday afternoon the follow ing questions
 Why do grade crossings exist and why does the city permit them to be-
 The mayor readily entered into the sub ject, his interview being as follows:
 At the instance of the city of Br- mingham the legislature in it's recent sessions passed laws giving municipali- ties the right to force railroads and street railway systems to erect viaducts across the thoroughfares, the expenses incurred to be borne by the railroads and railway companies.
 AS soon as the city prepared to act under the laws of the legislature. the railroads took the matter into the courts, where 1t is now awaiting trial. In case the city wins these suits the city will im- mediately proceed to do away with the deathtraps that infest Birmingham. In case the railroads win the suit then the city will again go to the legislature and continue the fight until Birmingham is as
 
 deathtraps
 The one great hitch that prevents the railroads and street railway system from immediately constructing viaducts is the cost incurred in the occupancy of proper ty contiguous to the crossings and dam age to other property. The railroads have expressed a willingness to build the viaducts but balk at the tremendous ex- .f nd r1 iroa Df damages to neighboring property. That Twentieth street crossing, for instance, would have long ago possessed a viaduct or a subway but for the $1, ,000,000 cost in the occupancy of territory and damage to other property.
 "The citys anxiety in the early days to have railroads come caused the over sight in not making arrangements con corning grade crossings in the very be- ginning. The railroads came. laid their tracks across the streets of the city and now we have the deathtraps.
 An indeterminate number of suits will be necessary before we have obviated the danger. But the city I judge, is deter mined, and as soon as we can win the suits then will be the beginning of a city of safe crossings.
 ''The present controversy between the city and the railroads is based on the mooted question as to which has the right of way across Twenty-eghth street from First avenue to Avenue B.
 ''The city claims it has the right. The railroads contend that they were occupy ing this street before us and that, there fore we have no right -o cross their tracks During the trial of this suit, all the questions bearing on the matter of grade crossings will be threshed out.
 ''There are in the neighborhood of 4000 grade crossing in Birmingham. Some of these are of the most dangerous nature, Twentieth street. between Morris and Powell avenues, containing network Of railroad and street railway tracks, and the crossing near the city furnaces where railroad and street railway tracks inter- mingIe with each other, and where the smoke and dirt obscure approaching trains There are others where simply street railway track crosses a road where people walk and drive. There are others where two street railway tracks cross each other, and where one railroad track crosses a street or one ear track. In spite of the innumerable grade crossings there are but two vfaduets in the city, the Twenty-first and Twenty-second street bridges These were erected, no doubt, simply on account of the fact that the cars could not go down the side of the deep excavation and climb out again.
 ''The city realizes as keenly as do the people that grade crossings are death traps pure and simple and that their continued existence is a continued menace to lives. But at the present time the city's hands and feet are securely bound, and the only immediate remedy is mi raculous flooding of the street railway and several railroads entering Birming- ham with a spirit of simon pure magma nimity.''