The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-10-21

NAOA OChAPdhJ OhClCd " 81 lnOlt IMAM
half way to meet the demands of the
Railroad Company. For instance, the
Traction Company was willing to agree
to install and perpetually maintain the
crossing. This is the main item Of
expense. The crossing thus installed
and maintained becomes the track of
each company. The Railroad Com
pany's rolling stock is more than ten
times as heavy and wears the crossing
more than ten times as much as that of
the Traction Company. The Railroad
wears out the crossing in three or
four years, while it would last the
Traction Company indefinitely Then,
as a matter of right and fairness and
equity, should not the Railroad Com
pany bear a portion of the up-keep of
the crossing that it uses every day
and soon wears out with it's heavy traf-
fc? Yet, the Traction Company, for
the sake of harmony, was willing to
bear this entire burden.
The Railroad Company's statement
about change of grade, mentioned in
clause four Of the contract, is out of
harmony with said provision. The
Railroad Company sought to make the
Traction Company conform to any
change of grade it saw fit to make.
The Traction Company insisted then
and insists yet, as seems to be the
last position of the Railroad Company,
that this question should be left with
the municipal authorities, who alone
have jurisdiction to deal with it.
Clauses six and seven of the pro-
posed contract, requiring the Traction
Company to share in the maintenance
of a light and fiagman at the cross
ing are self-refuting. If the Railroad
traversed a street where this cross
ing is there might be some support for
the Railroad Company's position, but,
when 1t is recalled that the crossing
is about midway between Fourth and
Fifth streets, where no person, no
vehicle, and nothing save the Railroad
Company's trains are supposed to cross
Main street, the contention is left
utterly with no basis. The Traction
Company could not be required to
maintain light or a flagman at any
point between street crossings. If
the City should attempt, in the exer-
else of it's police power, to require it,
the order would be an abuse of its
police power and void. Besides, there
is absolutely no reason for such re-
quirement. The Traction Company oc-
cupies the middle of the street, the
cars have headlights and are lighted,
and the public is not supposed to cross
streets at other points than street cross
ings, it, therefore, becomes perfectly
manifest that, if a light and a Waterman
are ever required at the crossing in |
question, it will be solely because the |
railroad crosses there, and to protect
he public against its trains. Then |
why shift these burdens to the Trac-
ion Company? 1t is proper to state,
n conclusion of proof of this, that the
Railroad Company was required, by
rider of the municipal authorities
ome two years ago, before the Trac-
ion Company was on the ground at
III, to maintain such light and watch
nan at this very crossing. Moreover,
he Railroad Company never said a
Tord about these orders when nego- ;
lating with the Traction Company,
ut used the language in the proposed s
ontract, in case the Railroad Com '
any shall be required by the City S
Hattiesburg," thereby implying that t
ne city had not passed such orders. v
The Traction Company halls with .
eight the expressed desire of the q
abroad Company, even now, to ad- T.
list the matter, and is ready and an
ious to enter into any fair arrange II
tent with that end in view. The liti- u
alton has caused good deal of dam o
30 anu CAPClS6 tdCH udy dQQS
} the completely of the situation so S
# as amicable settlement is con- a
srned. The Traction Company ex- >
austed it's resources toward an .
nicable settlement before suit was
ed and has seized every opportunity .
oking to that end since. The Trac. "
IN Company agreed to contract just q
it had for all other crossings in u
wn, and even went further than any
her railroad company required. The u
abroad Company would not recede
ON its proposed draft of contract
d put it up to the Traction Company 10
take that or nothing. The Traction
'mpany had made every concession
Itch 1t thought could be justly required
d believes the courts will uphold it. ~
ttlement was suggested the day the
Sc was postponed in vacation, the