Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-17

l VeNSlUS 70 Do tJeIo az OO8 Wy0tUV8s
The hearing regarding plans for the
proposed viaduct ON South Third ave-
L. railroad tracks, held before the rail-
road commissioners in the court room
this forenoon, got no further than to
| develop clearly an important point OF
issue. which resulted in a postpone
ment for another hearing, when this
contention will be taken up exclusive
ly. The question at issue is whether or
not the viaduct, with its north ap-
proach south Of the Chicago Great
Western crossing, would increase or
! decrease the hazards of that crossing.
! Unable to determine this point, be-
cause neither the city nor the railroad
companies was fully prepared to meet
it, the commission adjourned the
! hearing until June 10, at 1880 o'clock,
in Des Moines. AT that time the COM
mission Will hear evidence only on this
| detail Of the controversy. On the out
| come Of 1t depends whether the COM
| mission will approve plans for via
duct, the north approach Of which is
south of the Chicago Great Western.
Railroads Positively Refuse.
II 1t had not been made sufficiently
clear before, it was stated in language
SO positive that there could be no mis-
taking it. that the Northwestern and
| the M. & st. L. absolutely refuse tc
! approve of any plans that do not in
clude the Great Western crossing. This
position Of thees railroads had been set
out before in correspondence from their
officers, but it was reasserted by Gen.
eral Consul George w. Sewers, of the
| NJ. & st. L., and others. The claim
supporting this position is that traffic
from and to any viaduct. the north ap-
proach to which was south of the Chi
| cagO Great Western crossing, would
establish an increased hazard at that
grade crossing. The city is contending
! that no additional hazard would be
created, and to establish the point the
commission will take evidence at the
Des Moines hearing. The question in
| volved regarding the hazard is prin-
cipally an engineering one, having to
| do with the grades OF Third avenue
north and south Of the Great Western
| crossing. and the grades of the north
! approach Of the viaduct If 1t started at
the south line OF Nevada street. or
fifty feet south 81 that point or at
Market street. These grades would
/! differ as it is necessary to lift the ap-
| proach high enough to make safe
| clearance for railroad equipment on
| the tracks Of the companies the via
| duct would cross.
city's Plan Not Considered.
| AS the hearing developed the plan
| that was prepared by City Engineer w.
H. Steiner was not considered in any
| but general way. This was because
the railroads positively refused to APP
prove It or any other similar plan, and
the plan had not been prepared in ali
its details. The city has not cared to
go to the expense of doing this until it
was assured that the plan in general
was approved by the commission. The
commission declined to approve the
plan by piecemeal. and when the claim
Of the additional hazard at the Great
Western crossing was brought up. the
thought Of approving or rejecting any
plan the city would prepare was
dropped temporarily until the question
Of the hazard Mt the Great Western
crossing was determined by the COM
mission.
Litigation Sure to Follow.
There Is little doubt. judging by the
attitude Of the two railroad companies.
that any South Third avenue viaduct
project that does not take in the Great
Western crossing, will be strenuoously
opposed in court proceedings by the
railroads as long as they will be able
to keep such a case in court. No other
conclusion can be deducted from the
arguments against the viaduct made
by the railroads lawyers. Scarcely any
other course Is in prospect, should the
commission hold the proposed viaduct
would not establish an additional haz-
ard at the Great Western crossing. and
approve plans and order the viaduct
built.
The railroad will not prepare plans
for the viaduct as now proposed, or
any similar viaduct, and If detailed
plans are approved at some future time
by the commission, they will be plans
that will be prepared by the city.
Crowd at Hearing.
Both railroads were represented at
the hearing by attorneys, engineers,
and other officers. City Solicitor F. E.
Northup and c. H. Van Law repre-
scented the city, together with r. w.
McCreery and City Engineer w. H.
Steiner. In addition to Mr.. Sewers.
r. A. Mclaughlin, Of Des Moines, rep
resenting the Northwestern. Assistant
Chief Engineer w. H. Ffndley. Chi
cago, Chief Engineer r. G. kenly. Of
the NJ. & st. L.. participated in the
hearing A number of those who are
interested in the project, especially
from among the members Of the Mar
shalltown Club. attended the hearing.
In the Police Court.
s. HUT, arrested by the police for
being drunk, was fined SO and the
costs in Mayor Jones court this morn
ing.
Glen Morrison. Clarence Leonard and
Neil Carmichael, boys ranging in ages
from 10 to II years, were brought into
the mayors court this morning. charged
with cruelty to animals. The COM
plant was filed by DIR. Rosa Liebig.
who charged the boys with tormenting
- $50 - q g. SYAA