The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-07-07
This Valuable Privilege Given
To the Railroad Company
Then by Commissioners for
Water Rights.
TRY TO ENFORCE CONTRACT
LAND IS NEEDED BY CORPORA
TON NOW As IT Is CONSTRUCT
ING DoUeLE TRACK SYSTEM TO
INDIANAPOLIS.

One of those "jokers" which SO Of
ten appears in contracts and other
documents concerning the interests Of
the public appears in the contract be-
tween the Wayne county commission
ers and Pittsburg, Cincinnati. Chicago
4 st. Louis railway company. which
was entered into August 5, 1886. This
contract gave the railroad company
the right to use as much ground be-
longing to the county farm as 1t
might desire to double track its sys-
tenn or raise or lower the grades.
The contract was revealed today
when representatives of the company
called 1t to the attention OF the com.
missioners. The company now seeks
to enforce the contract. II 1t be per-
mitted to do SO IT will acquire a large
amount Of county property and given
nothing in return.
Valuable Property.
The contract was entered into by
the commissioners in 1885. John Bow
man, Abraham Gaar and Mark Maud.
lin. in exchange for the water rights
Of what is known. as. Jackson hill.
The county farm Is located on the
slopes and top Of this hill The build
ings at the institution are supplied
with water. that comes from springs
located in thes cut at the summit of
the hill. To take as much land as 1t
may want. all the, railroad company
will hnve to do will be to guarantee
that the source of water supply shall
not be interrupted. The county's farm
ID one of the most valuable pieces OF
land IN the county. 1t can be butch.
cred to suit the railroad company un.
dor the provisions OF this contract.
Up to Commissioners.
It IL simply question OF whether
the commissioners will abide by the
contract or not. 1T Is doubtful II the
commissioners Of that day had the
right to enter into such an agreement
binding the county for all time to
come. It is expressly stipulated in the
contract that no lapse Of time shall
be considered as an abandonment OF
the right OF the railroad to construct
its tracks when it so desires.
The only restriction placed on the
railroad company by the contract Is as
follows: 1T Is understood that the sale
railroad company shall not enclose OF
take such additional land which may
be necessary for the purpose aforesaid
until said company. her successors ol
assignees shall desire to use the same
for the purpose herein granted an6
nr0vided."
a Drawn Up by Rupe.
The contract was drawn up by Johr
L. Rupe and witnessed by him as a no.
tary public. Today Mr.. Rupe appeared
before the commissioners as loca
counsel for the rsilroad company.
The alleged iron clad paragraph o.
the contract. which the railroad pro
poses to enforce and thus acquire with
out compensation from the county q
large section of its land reads as fol
lows:
And it is now expressly covenante!
and agreed that the said Chicago. st
Louis & Pittsburg railway company
Its successors or assignees may at any
time construct the additional tracks t
make their said road double track
road through said farm upon the pres
ent Grade as now established and uset
and may at any time thereafter low
er such grade In the cuts or raise it OF
the fills or change it In any manner
she may adopt. Or said company ma,
at any time lower the present singl,
track or raise 1t In the fills or chang,
the same as she MAY determine ant
thereafter may at any time change
said road and make the same q doubl,
track road taking and using In eithe,
and every case the necessary ant
proper amountof ground therefor 70,
all such fills and slopes"