Rogue River courier. (Grants Pass, Or.) 1886-1927, 1911-07-21
S. P. COMPANY DIGS UP
ORDINANCE In ITS FAVOR


Ia Grants Pass that are not aware
that Is years ago the then city coun-
I ell made law and an agreement with
the Southern Pacific that the munich
pality would never attempt to open
another street across the tracks IN
this city. Such Is fact, however,
and the company may invoke this old
ordinance In the present attempt to
open Fourth and Fifth streets. II p
said, however, that the supreme court
of Oregon has ruled In similar case
that no city council can legally rob
a city OF It's birthright In such q man
ner, and knocked out the ordinance.
This is possibly the answer which
will be made by City Attorney Glenn
ents II the company drags the old
law before Judge Calkins. The ordi-
nance was approved February ~.
1898 by w. II. Fayle, mayor. The
record shows that "Councilmen Bur
CESS. Baughman, Dixon, Smith and
Tufts voted yes. Absent, Gray" Sec
tions one and four Of the ordinance
cinching the city read AZ follows:
Section I. Whereas. the South
ern Pacific company has leased Of
the Oregon q California Railroad
company, and is In the use and pos
session OF the lands and premises
situated in the City Of Grants Pass.
| and known as the depot grounds and
station house Of said company at said
/ town, and owned by the Oregon 3
California Railroad company, and
used for depot grounds and facilities
for said company's railroad; and
whereas the said City Of Grants Pass
Ia desirous of laying out and extend-
Ing Sixth street through. upon and
across said depot grounds and prem
ises, and across the railroad tracks
OF said railroad company's railroad,
from the south line Of said depot
grounds to the north line thereof, and
II II
tending street through. across and
upon the westerly part OF said depot
grounds as an extension Of South
| Third street, and is also desirous OF
| extending Eleventh street over and
/ across said company's right-of-way
/ and railroad tracks; and whereas
III doubts have arisen and exist as to the
power and authority of said City OF
Grants Pass to condemn or appropri-
III ate any part or portion Of said depot
Ill grounds or right-of-way for strees
Ill purposes under Its act OF incorpora-
iii tion and charter; and whereas the
iii said Southern Pacific company, In
consideration of the agreement on the
part of the said City of Grants Pass,
iii that neither II nor It's successors shall
at any time hereafter, open, lay out,
extend or widen any other street or
| streets of the said City Of Cranes
iii Pass, except as above mentioned, ov-
er, across or upon the said depot
grounds or premises, or attempt 80 to
Ill do; and upon that express condition
have agreed to allow said city to lay
out and extend said Sixth street. and
| / also said other street on the wester-
lily part of said depot grounds, con-
Meeting with south Third street on
III the westerly part OF said depot
III grounds, connecting with south Third
street, hereafter particularly describ-
Ill ed,----."
Ill Section A. In consideration OF the
III granting OF the right to use 30 much
III OF said depot grounds as Ia requir, 1
for the extension OF said Sixth street
and said street across and upon the
western part OF said depot grounds
connecting with south Third street
and the said Eleventh street as afore'
said, said City OF Grants Pass, for
Itself and It's successors, does hereby
covenant to and with the said South
ern Pacific company and Oregon a
California Railroad company that 4
will not at any time hereafter open
lay out, establish widen or extent
any other street or streets or any ad
Ill dltIon 60 said Sixth street or said ex
tension OF south Third street over
across or upon said depot grounds ol
premises nor will II attempt 30 to do
All further right or claim OF right I,
condemn or appropriate any othe
part or portion OF said depot ground
for the purposes OF any street o
streets being hereby, for the condem
nation aforesaid. expressly waived an
abandoned by the said City OF Grant
Pass"
-
Bert Riddle Marrles--
Mra. Geo. Riddle and son. Georg