The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-09-24
Measure to Take Hump Out
of Streets Back in
Mayors Hands.
ORDINANCE SURE TO
BE SIGNED is BELIEF
Senator Lane to Ask Court to
Name Committee to Assess
Benefits.

Inc MefrlWether street ordinance
last night was passed by the City
Council and now awaits the signature
of Mayor Rage to become a law.
The bill provides for the improve
ment of Merriwether street frori
Aquamsi to Sprigg streets, the change
in the grade and the elimination of q
grade crossing with the Cape Girar-
deau G. Northern Railroad. The bill;
has been before the council for long
time in an endeavOr to get the desired
Improvement, but the measure has
been fought by the railroad.
The bill received its first and Sec
ond readings a month ago when the
final reading and passage was defer
red till remOnstrance filed by the
railroad could be examined to deter
mine if it was of sufficient strength u
invalidate the ordinance.
At the last meeting of the council,
the ordinance was deferred because Tho
councilmen feared that an objection to
the measure might be raised by the
railroads attorneys later on on the
grounds that the ordinance was filed
for passage on a legal holiday, Labor
Day, September 6, the date upon which
the council last met.
A former attempt to get the street
improved and modernized was made
by the city which the railroad succeed
ed in blocking because the city Off
Gals did not proceed in the proper
legal way.
On this trial, however, it is believed
that the correct steps are being taken
to make the improvement of the street
assured. Senator Thomas F. Lane was
employed to draft the ordinance that
was passed providing for the improve
ment.
Following the passage of the ordi-
nance, according to Senator Lane, an
application will be made in the court
at Jackson to have a disinterested
commission of three members appoint
ed to assess benefits and damages in
the district to be affected by the i'm
provement.
Following this, it is probable
that condemnation proceeding will be
brought against the railroad in an eff
fort to prosecute the separation Of the
grade crossings. 1t will be put up to
the Missouri Public Service Commits
sion TO make the railroad build a
bridge over the street.
1t is estimated that the bridge will
cost about $4,000. The cost of the
improvement is to be borne by the
property owners along the street
against whom special tax bills will be
assessed.
Prior to the time that the ordinance
came before the council last night, the
committee which had Investigated the
rcmOnstrance, reported that the in
strument filed by the railroad was in
complete.
Consequently when the bill came be-
fore the cOuncilmen for passage, it re-
ceivcd the unanimous vote of all the
cOuncilmen present.
Mayor Rage last night did not an
nounce what he will do with the bill,
but it is generally understood that it
will be signed almost Immediately.
The council last night also heard
the first and second readings on five
ordinances providing for the widening
of Henderson avenue, Painter avenue,
Themis street, Harmony street and
Hanover street.
The ordinances had been prepared
by City Attorney Whitelaw and are
couched to provide for the opening up
of streets in the West End so as to
aid in the installation of the proposed
sewer system in the West End.
Following the second reading of
each ordinance, each was referred to
City Engineer Chris Silver, the Street
and Wharf Committee and the Ju
dietary Committee for approval.
1t is proposed to make Henderson
avenue sixty feet wide from Broad
way to independence; Painter avenue,
from Broadway to Harmony; Themis
street from, Pacific to Henderson, and
Hanover, from Broadway to ThemiS
street.
In drafting the ordinances, it is be-
lieved that the clauses were not made |
sufficiently strong in regard to the
creation of benefit district so that
amendments probably will be neces-
sary for each ordinance before its final
passage.
The council also passed a resolution
providing for the concrete pavement
of about 100 feet of sidewalk at Lori