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121
<br />Y
<br />STATE OF INDIANA
<br />COUffTY OF ST. JOSEPH
<br />CITY OF SOUTH BEND
<br />?X THE MATTER OF TRACK ELEVATION )
<br />AND•GRADE SEPARATION OF THE NEW YORK }
<br />CENTRAL RAILROAD COMPANY TRACKS AT )
<br />CERTAIN STREET INTERSECTIONS IN,THE. } BEFORE THE BOARD OF PUBLIC WORKS IN THE CITY
<br />CITY of south bend, INDIANA.' } OF SOUTH BEND, INDIANA.
<br />Comes now the New York Central Railroad Company and shows that
<br />is an Interstate Consolidated�Corporation consolidated under the laws.of,the State of
<br />Indiana, Illinois, Michigan, Ohio, Pennsylvania and New York, and is engaged in a general
<br />interstate railroad business with its main and.prinoipal line extending from Chicago,
<br />Illinois to New York City, -New York, which said line extends through the Municilial Corporatio
<br />of the City of South Bend, Indiana; that said The New York Central Rail oad Company is the
<br />same identical Company named in a certain resolution passed by the Board'of Public Works of
<br />the City of South Bend, Indiana, on the 29tk. day"of. January, 19249 and, which said resolu-
<br />tion said Board=has caused notice to issue for a hearing thereon on the..27th: clay of
<br />February 1924.
<br />.And comes now the New York CentralyRailroad.Company and remonstrates
<br />against said ,resoi-.tion of the Board of PUblic .Works, and the work. and proceedings contem-
<br />plated. kerein, and to.b.e inauguarated by. and. under said resolution, upon the,following
<br />grounds and .for the following .seasons,
<br />F 1. That said The New York Central Railroad Company is solely within
<br />the jurisdiction and control of the Interstate Vommerce Commission oreeated and functioning
<br />cinder the acts of Congress which give to said. Commission exculsive power, authority, juris-
<br />duebioh and control over the-subfeet utter involved in said resolution passed and adopted
<br />by the Board of'Publie. Works of the City of South Bend, Indiana.
<br />2, That the Board of.Public Works of the City of South,Bend has no
<br />power, right, or authority to undertake to.compel the New York Central Railydadd Company,
<br />this remonstrator, to elevate its railroad tracks in.the City of South Bend, t
<br />.. That the -only power and authority existing by virtue of law to
<br />compel the New York Central RailRoad Company to,expend money for public improvement, is
<br />vested,.in ,tho.Federal Governmenl,_-under.and by virtue of certain Acts of Congress, which
<br />Acts have•annulled,-caneellad, repealed and-remoinded all the power and authority prior
<br />thereto vested in the State of Municipality to cause such public improvements and the
<br />expenditures of money theredor.
<br />4. That the elevation of remonstrator's tracks proposed by the
<br />resolution adopted by the Board.of Public Works wllll_dause the elevation of the tracks of
<br />the remonstratIor, The New York Central Railroad Company to be of such an unreasonable height
<br />as to make a grade to the West approaching said elevated portion from the East of approx-
<br />imately seven (7 der cent( per cent), which grade. is unreasonable, excessive and -impossible
<br />in reasonable railroad -operation.
<br />5. That.the-proposed elevation of remonstrator's tracks as provided
<br />by said resolution passed and adopted by the Board of Public Works, will cause said tracks
<br />to be elevated fourteen (14) feet over -the part or portion of its tracks to the East of.
<br />Sample Street, which will -cause the tracks of said remonstrator to be approximately forty-
<br />nine (49) feet above the earth surface or level at said point, and that said elevation is
<br />unreasonably high and excessive and by reason thereof will -cut off and destroy certain side
<br />tracks now used by said remonstrator in the operation of its railroad system in supplyingg
<br />the Birdsall Manufacturing Company with freight both in and out over said sidetracks, and
<br />with sypplying the South Bend Toy Manufacturing Company with freight both in and out over
<br />said sidetracks, said elevation of said railroad being so unreasonably excessive and high
<br />as to make it impossible to make connection with said two side tracks afor*said-V thereby.
<br />causing the disannexation and discontinuance of said side tracks, and each of them.
<br />6. That the provisions of said resolution passed and adopted by the
<br />Board of.PUblie Works. of the City of South Bend, cause the tracks of the New York Central
<br />Railroad Company to be elevated to an unreasonable and excessive height at Lafayette and
<br />Michigan Streets, whereas said resolution should provided for a depression of the street
<br />grade of said streets, to -wit: Michigan and Lafayette,.where the same cross under said pro-
<br />posed elevated tracks of this remonstrator,of approximately one (1) foot greater than the
<br />depression now provided for each of said streets , and the said tracks of said The New
<br />York Central RailRoad Company should be one (1) foot lower than that provided by said
<br />resolution.N
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