El Paso herald. (El Paso, Tex.) 1901-1931, 1917-05-04

o.
very few citizens took the trouble read through the long
ordinance that very few citizens than the
vsguest idea of what It contains.
Two separate elections be ascertain the
people before the purpose of the ordinance
be carried The ordinance itself does have be
sed on by the people and the people have no voice IN
directly, the council having acted within its
rights and within its lawful discretion But the whole
ordinance becomes void by its terms the people vote
against closing the public street crossing existing at
Durango the G. H. & S. A and the
EP ". railroads And bonds be voted in order
10 enable the city to out its contract by installing
for the protection of the proposed
depressed tracks in the open subway from flooding
Seldom has matter of such tremendous Importance
brought before the people of FL Paso for their decision
viii affect the present comfort and
venience Of the people but vital will be the
effect Of the action now taken on the comfort and
FL Paso of the futureupon the develop
of the city during the next generation two per-
hsPs for century Even the squirrels take thought for
MORROW" look ahead with marvellous foresight as
do the birds many of wild The average
himself very much about posteTity
about his affairs Of few in the future
prone things affecting him only this
moment-whch is already past we write But some
body has be looking ahead all the time, there could
In the ordinance-wich already has the force Of law
conditioned only the action Of the people in closing the
street crossing and voting bonds above exlanedthere
paragraphs which should be carefully studied They
appear complete abdicaton Of public rights
which The Herald deems it vital to retain in the hands of
people, if it be deemed advisable necessary to
abdcste them in part at this time certain specific
should be specifically retained as The Herald purposes to
indicate
The paragraphs TO which reference has just been made
and which read follows (the portion
omitted and indicated by dotted line does not affect the
PuTport of the portions reprinted here but diff
ferent topic:
Section IL When the said Railroad Company
has completed the work required TO be done under
this ordinance then and thereupon the several
ordinances of the City of Fl Paso In effect
hereafter passed relating to the speed Of railroad
engines or trains and the necessity CT ringing
Of Iocontive bells the blowing Of locomotive whistles,
the stopping switching Of trains the length Of
trains, o the maintenance Of gates flagmen
wstchmen street crossings shall to be
applicable the part Of said railroad depressed
Section IS After the depression Of said tracks
herein provided the said Railroad Companys oper-
engines and trains over through and
upon the [shall be under and in accordance
With rules and regulations and without inter
ference by the City by any ordinances, rules regu
latons, and except reasonable regulations for
abatement Of nuissnces,
@And said City shall not have the power and
hereby guarantees that it viii not any time require
said Fl Psso & Southwestern Railroad Company TO $
abandon the of said tracks them any
other place or cover said open subway, except as
above provided pass any ordinance repeating this
ordinance any part OF the same which conflicts
With the any part thereof, OF is more bur
densome upon said Railroad Company than the pro-
visions hereof that requires said Railroad Com
Pany do anything further with reference to that
part Of its track so depressed than is required
The phrase except above provided" in the last para
graph Just quoted refers only to the bridges street via
ducts required at certain SreetsNorth Santa Fe to North
Campbell incusiye-on the present grade level
Perhaps the mayor and council who enacted this j
ordinance (the city administration which retired from
office few weeks ago. lay great store by the phrase in
the paragraph above quoted save and except Il
reasonable regulations for abatement of nuisances Any
body has tried abate nuissnees by regulations
reasonable unreasonable knows how far the people Of
Fl would get under this ordinance of need
That is protection to the people at all
IF the paragraphs quoted had been worded spec 4
csly to bar the city from requiring the substitution OF
through the subway in place of coal and
oil burners they could not more eectuaIy have tied the
city's hands. 7
Electric traction IN future OF immedatey-that should
be provided in ordinance for immediate adoption the
right require future after fixed period should
be specifically reserved II
Under the ordinance as written the destructive r
snHdge of coal SMOKE the choking sickening oil
tunes and danger OF live sparks could 90 night on forever
HnindeIed; excessive blowing of whistles the of blow
ing Of while awaiting block signal could not be inter
fered with except under the abatement Of nusances fl
clause which little weight to be attached in this
instance, everybody knows without argument o.
There believe that the railroads had tenta fl
lively agreed between the best solution
would be covered subway with electric traction Electric
traction certainly entered into their consideration and
probably regarded by them inevtab-unt they met Il
Council They gave up the idea of roofing the subway
and that itself is not important the subway
is to be on private rghtotway through the middle OF the
blocks and lot IN public street But II IS probable that
the railroad presidents and managers and their attorneys
chueed with gee when they got their ordinance through
in such shape that the city would be forever barred from
requiring that electric traction be used through the heart
Of the city to do with the smoke fumes and spark
nuisance. q
Note that the city is FOREVER BARRED. The Il
ordinance has time limit whatever The cOnsu-
ton PerPetuities an mOnOpOles CONTRARY to
the genius of free government, and shall never be
allowed What is this but a perpetuity?
It looks the paragraphs quoted had been drawn II
with the particular purpose barring the city f.om
requiring electric traction through the subway Read very
carefully the third paragraph quoted above
Evidently the -ailroads not asleep. re
Three railroads. five counting the east sys
each VIII the subway. In few years, in
With the steadily increasing traffic there vii be freight
trains passing almost cOnstantnght and day with only ia
===== damages of s. a "