The Brunswick news., 1909-07-23

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street grade in Brunswick?
That's the question.
And upon it's final determination
rests mooted question between the
city of Brunswick and the City and
Suburban Railway company.
The matter has been pending be-
tween the two corporations for some
time and it yet remains undisposed
of.
Under the franchise the car line
folk claim that the city must raise
its streets to the established grade,
while the city claims that under the
very same document the car line must
build to the actual grade and then
get busy and raise its track at such
time as council may see fit to change
! the grade to the regular or establish
ed lines. Attorneys fail to agree on
the intent of this specific article in
the franchise. The car line folk and
and there you are.
At the meeting of the city council
last night, President Strachan sent
long winded communication offer
ing to arbitrate the matter and leave
it to ex-Mayor Symons and his coun-
Gil to arbitrate.
The communication was referred to
the joint committees on public works
and sanitation, light and water and
on motion these committees were re
quested to formulate their answer tt
the car line people as early as Dossi-
BILE, in order to avoid delay.
The letter of President Strachan
is as follows:
Brunswick. Ga, July 81, 1909.
] To the Honorable Mayor and Council
Brunswick, Georgia.
Gentlemen: We beg to acknowledge
letter of 18th inst. from the city clerk
enclosing copy of report of public
works committee dated 18th.
In view of previous occurrences
and conferences with the city repre-
sentatives we are greatly surprised
and somewhat at a loss to under
stand the report and situation gen
orally.
he IdClS dIe. Wnell a ullLtlCli
of opinion arose, growing out of con
ferences between City Engineer HigL
and our representatives, a meeting
was held on June 2Sth, at which
Messrs. Fendig, Aiken and Dunwody
on our behalf, met with Messrs. Cal
nan, Leo, Taylor, City Attorney Whit
field and Engineer High; Alderman
Leo having to leave before the CON
ference was concluded.
The argument was on the con
struction of language in section 4 OF
franchise ordinance, which we quote
as follows:
Sec 4. Be it further ordained that
the track of said street railway shall
al all times correspond with the act
ua grade of the street, and that the
toD of the rails shall be so laid and
maintained as to be flush with the
surface of grade of the streets "a
established by the city engineer, ex-
cept on such streets as the mayor
and council may specifically authorize
said F. D. NJ. Strachan, his associ-
ates, successors and assigns, to con-
struct such railroad without requiring
the top Of the rails to be flush will
the surface of grade of the street"
Our position was, and is, that street
railway tracks shall be laid at "es-
tablished'' street grades, except
where the city authorities directed
: us to lay it otherwise so that hav-
ing once laid our tracks we would be
free of expense and trouble of rails
ing and lowering tracks at any fu-
ture period otner boards of aldermen
might elect to change street grades.
We further did, and do STILL take
the position that where a street is
not to grade, it is the duty of the
city to have. or put any such stree
whatever in the franchise requiring
us to put city's streets to grade.
A number Of duties and require
ments devolve on us under the fran
/ chise. all of which are clearly and
} specifically enumerated therein, but
as stated there is nothing therein
lreuuiring us to bring city streets tC
Il grade it may be pertinent to ask
what is the use of city having "es-
: tablished" grades if streets are no
:. maintained to grade, especially hel
principal streets, such as we are us
ing and these questions arise over
All this was set ont at this con
n ference. wherein Messrs. Dunwody
:. Fendig and Aiken stated it was no
this company's desire to "split hairs,
but rather to work in harmony and
general "give and take spirit will
the city for the sake of peace ant
! progress.
The aldermanic committee state'
they felt the same way, but pointed
out that city's finances were at
low ebb and their desire to avoid ex
pelditures in every possible way i
!. short, it developed, if we built to "es
ta5lished" grade it would necessitat
/. tho city going to some expense grad
ing streets in various places 50
to be flush with car tracks, apai