02/19/1924 Board of Public Works Minutes

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0 Tuesday February 199 1924. Continued. 14. This remonstrator further remonstrates against said resolution and objects.as to the work prodded therein upon the ground and for the reason that when said resolution was adopted there was not and'is.not now any law authorizing or empowering the City of South Bend or the Board of Public Works of said City to pass.and adopt said resolution, requiring this remonstrator to elevate its tracks, and to do the work or any part.of the work required by said resolution, and there is not now and was not at the time of the adoption of said resolution, any authority vested in said City, or its Board of Public- Works, by law or otherwise, to require this remonstrator to elevate its tracks as provided in said resolution. 6 15. This remonstrator further objects ant remonstrates against said resolu- tion, and'the separation of grades as provided therein, for the reason that the same imposes a burden upon this remonstrator as a carrier of interstate,traffic not author- ized by law. - i. 16. That the improvement as provided in said resolution, will confiscate and will take the property of this remonstrator without due process of law. 1 7.. That the improvement proposed by said resolution, and the proceedings thereunder, will take, the property of this remonstrator without just compensation. 18. That the improvement as provided in said resolution, if carried out, will result in the confiscation of property, rights and franchises of this remonstrator, for which it cannot be compensated in damages. WHEREFORE for each of the several specifications above set out, this remonstrator objects and remonstrates against said improvement resolution for the eleva- tion of tracks in the City of South Bend as hdrein set out. NEW YORK CENTRAL RAILROAD COMPANY JOHN A. GAVIT BERTRAND WALKER YEAGLEY & WOLFE Attys for Remonstrator STATE OF INDIANA SS COUNTY OF ST. JOSEPH John A. Gavit, being first Duly sworn, says: THAT HE IS Dis riot Attorney for The New York Central Railroad Company, and makes this affidavit for and on behalf of said Railroad Company, having full authority so to do. That he has Read the foregoing remonstrance and knows the conditions thereof, and that the same is true in substance and in fact. JOHN A. GAVIT SUBSCRIBED AND SWORN TO before me, a Notary Public, this 15th day of February A. D. 1924. ELIZABETH SHRINER My commission expires: Notary Public. - June 81, 1926 . FILED FEB 19 1924 BOARD OF PUBLIC WORKS L- . B. SLAUGHTER President