The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-07-08
Placing Double Track Through
County Infirmary, It Is
Thought, viii Cut OFF the.
Water Supply.
HAD COMMISSIONERS
AUTHORITY FOR ACT7
The County Attorney Is Now
Wrestling With the Prob
lem-0Id Board Did Not
Foresee Double Track.


beyond their power, when in 1885 they
contracted with the Pennsylvania
railroad company giving 1t the per.
petual right to make any improve.
ments and use land belonging to the
county farm 1t might want?
The question Is one which the coun-
ty attorney and present board of CON-
missioners now are worrying over.
There seems to be no question but
that the contract as drawn up origin
ally. is valid one but there is a
probability that the commissioners
went beyond their authority. Court
decisions have held that a board Of
commissioners has no right to give a
perpetual grant OF county land. 1t is
held also, that the outlaw law
might be construed to apply in such a
case. When In 1886 the commission
ers allowed the company to acquire
the right to take the county farm land
to double track or raise or lower fills,
1t was specifically provided that no
lapse Of time should interrupt the val
idity OF the contract and that the COM
pany acquired the right forever.
May Cut or Springs.
The only trade made by the rail-
road company in consideration OF the
valuable privilege it acquired was the
use OF water from springs located on
its right-of-way on Jackson hill. AS
1t Is the county can not get out of the
ENHANCEMENT without expense. At
present the entire water supply for
the county farm comes from these
springs. II the right-of-way may be
widened and another track put in. dis
arrangement Of the present water sys-
tenn will follow. The railroad COM
pany guarantees to protect the springs
SO the farm will not be cut off from the
water, but how this can be done has
not been ascertained. An engineer of
the company who consulted with the
commissioners yesterday admitted
frankly that at present he can not tell
what the arrangement would have to
be.
It is probable that a strip of land
the full length Of the county farm
east and west and about sixty feet
wide would be required to place an
other line over the hill. The railroad
Is now engaged in double tracking its
system from Columbus, O., to Indian
apolis. 1t is buying the necessary
right-of-way and the commissioners
had expected neat sum In exchange
for the valuable strip through the
county farm. The commissioners
were wholly unacquainted with the
contract Of 1898 which bestowed on the
company this privilege whenever it
might desire it.
Failed TO Foresee.
Residents Of the vicinity of Center
vile say they remember when the
railroad sought the contract with the
county. It was believed then that the
double track would never be built and
that the grade at Jackson hill never
would be lowered. 1t was the impress
sion that the strata OF gravel was un-
derlaid with Quicksand and that to
make . deeper cut and place a rail-
road bed on the quicksand would he
Ill advised and altogether impractical.
Trouble was experienced by the trac-
ton company when 1t sought to put
In crossing at the west end OF Jack
son hill slope. Quicksand was encoun-
tered and the tracks had to be laid out
In an open field, as it was the only
place solid foundation could be
obtained. Little then did the public
realize what the marvels OF present
day engineering would reveal.