The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1911-08-04
THAT UNION 0EPoT-AeAIN
. the Editor Ocala Banner:

subject in this article is, that it is
high time for you and the Star to quit
squibbing about the grade, and join
hands, and, like Judah and Benjamin
with locked shields, press the battle
TO the gates" The grade does not
enter into the question anyway. It is
there and will remain there, whether
there be union depot or separate de-
pots for each road, unless the a. c.
L. and S. A. L. will lessen it by eleyat-
ing their tracks somewhat, which can
be done without much cost, and still
preserve the grade-crossing. But re-
naming as it is amounts to nothing in
the matter under consideration, and
to but little in any other way. The
| Stars suggestion that if the trains
did not have to stop at the present
A. c. L. depot they would run through
the city at such a speed as would
tend to increase rather than dimin-
ish danger, is without merit. It
would depend entirely upon whether
the city authorities would permit it
or not. l know a little town of not
over 1000 inhabitants which put d
four-mile speed limit on all trains
running through it, from corporate
limits, and it did not require the ar
rest of but two engineers and one
conductor, and a 5000 fine in each
case, to compel obedience to the or
dinance. That was fifteen years ago,
and all trains come down to that four
mile speed yet; and one of the roads
is the biggest system in the south!
All that is required in any such safe
| ty regulations is to enforce the law
time or two and obedience will fol-
low
In my opinion the A. c. L. should
never have been permitted to lay rs
track along Osceola street. It Ger
tainly ought never to have been per
mitted to do so in the manner II
which its track and side-traclzs are
now maintained. Osceola street is
public highway, dedicated to the puo-
lie as such. Once so dedicated, the
| public at large-not the citizens OF
Ocala only-acQuired the right to the
free, open and untrammeled use over
such highway in any and all kinds OF
| lawful vehicles. The legislature it.
self could not, in such a case, autho"
| nfh
corporation to lay its tracks along
and upon such highway, except uDon
the express condition that the road
should be so constructed and the
tracks so laid that the usefulness of
the highway shall be lessened in the
| smallest degree possible, and that the
public shall have the same rights rs
| before the railway was laid. If per
mitted at all it is under the condition
| that the new use does not interfere
with the use of the street by the pub
lie as a highway for passage and re
passage. That is as far as the legis-
lature can go, and it certainly cannot
delegate to a municipality any great
er power or authority than it has it.
self.
| Now, leave it to any sane person
to say if the laying of the rails or
| the construction of the road-bed of
the A. C. l.. on Osceola street, is III
accordance with the above restric-
tions. / assert that it is not. The
way the road-bed and tracks are now
maintained through Osceola street de-
| prives the public of the use of one
half of the street and leaves for pub
| lie use only such narrow space that
| two vehicles cannot pass each other
without driving on the portion of the
| street reserved for pedestrians. If
anyone doubts it let him put it to the
test, beginning at Oklawaha avenue
at Mayor Robertson's corner and go
| ing down clear to the crossing of the
railroads. Then try to travel this
same street from Fort King avenue
clear on up to the A. C. L. freight de-
pot.
The truth is that the rights of the
| public in this highway have been
grossly interfered with, and that rail-
road is today using Osceola street IN
such way that no authority had the
right or power to authorize or per-
| NIT. The legislature nor the NUM-
cipal authorities had no power to de-
prive the public of the free use OF TINS
donated street for travel in all lawful
vehicles for passage and reSpassage
In the same unhampered way that ex-
listed before the railroad was built
am by no means sure, then, that the
neonle. in the exercise of this SOW
ereign power, may not yet assert
their rights and recover the use OF
lOsceola street with the same freedom
lthey enjoyed before the road was per-
| - 11~oIy II &c If has done