The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-12
CITY CONTROLS
GRADE CROSSINGS
City Attorney Pollard Rules on
Right of Council to Order
Tracks Removed.
CAN CLEAR BROAD STREET
City Can Order Tracks Under
ground, Where Public Safety
Demands 1t.
CAN CLEAR BROAD STREET

Steam railroads operating on West
broad Street and Belvidere and other
streets in the city may be REQUIRED
by the City Council to put their tracks
underground or overhead at the option
or the Council. according to a written
opinion rendered yesterday by City At
torney Pollard. Last week n sub
committee OF the Committee on Streets
py direction OF the Council. began an
investigation OF trackage conditions
on west Broad Street, tho resolution
stating That the operation OF steam
trains there throttled the westward
CROWN OF Broad Street, and interfered
with the progress of the city Presi-
dent William II. White, OF the Rich
Inond. Fredericksburg and Potomac
Railroad talked very frankly with tho
committee at that time of the desire
or the railroad to remove these tracks
ana to erect large West End station.
sufficient to the needs for nfty years
10 come.
Asked Thirty Day. Time.
Mr. White told the committee then
that within thirty days nc thought he
could speak definitely with regard TO
tho plans OF his company. Time would
be required for negotiation with the
Atlantic Coast Line and with the Con-
tracks from Broad Street at Elba Sta
tion TO Bryd Street Station. On Mr..
whites statement, the committee
agreed to wait a month before taking
action, but meanwhile asked the CITY
Attorney to advise the committee as
TO the exact rights OF the city IN the
matter.
In his reply Mr.. Pollard MATES that
the Richmond. Frederick sburg and Po-
tomac Railroad has a perpetual right
in BROAD Street to Elba Station and
the Connection Company similar rights
Va Belvidere and other streets from
there to Byrd Street Station. but that
the CITY Council. in the exercise OF the
police power, may direct these com
panies 10 abolish all grade crossings.
and either go underground or overhead
AS the cost Of this form OF construc-
ton would probably be prohibitive
members of the committee claim that
the City Council, under Mr.. Poliard's
opinion, has absolute power. and may
clear both streets Of all steam rail-
way tracks. Were station such as is
proposed erected on West Broad Street.
at or near the grounds OF the Hermit
tage Club, through trains to and from
the South would be operated over the
Belt Line tracks, and all shifting in
Broad Street could be obviated.
The South Bend Case.
| says that the exercise of the police
power in ordering the abolition of
grade crossings in cities. even where
railroads had rights of way, has been
established by numerous decisions. No
decision. however, he points out. could
be more clear or applicable than that
handed down by the United States SUI
preme Court ut Washington within the
past thirty days, In which the right
OF the city of South Bend, Ind, TO
order the abolition of grade crossings
is clearly upheld. The record shows
that conditions in South Bend were
in many ways similar to Richmond, a
railroad having perpetual right to
operate along one of it's principal
streets having been ordered to abolish
grade crossings. The validity of the
order as proper exercise of the police
power Of the city of South Bend has
been fully upheld.
Should the owners of the Connection
Company, most of whom are said to
live in Philadelphia, and whose prom
erty would become valueless il the
railroad used the Belt Line entirely,
and abandon Byrd Street Station for
northbound trains. desire to make a
contest. the various accidents which
have occurred on Belvidere Street and
other points can be used as evidence
to demonstrate that property and lives
are endangered by the operation OF
lhoroughfares of the city at grade and
that The city was entirely within its
rights in ordering either underground
or overhead constructions
II Is expected that early in May Pres
ident White will be ready to make
definite announcement OF station plans
Members of the committee say that
reasonable time Will be given to the
company 10 carry out such a scheme
as has been outlined for a great West
End terminal, and 1t is not proba BILE
that any change will be ordered in the
tracks in Broad or BelVidere Streets
or any movement looking TO their re-
moval will be taken until the railroad
has shown exactly what ii proposes to
do to improve conditions and care
for the growing traffic.
Charters Issued.