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136
<br />Tuesday February
<br />Board met in regular session -at :00 A.M._ All members present.
<br />City Engineer Anderson and Mayor Seebirt also present,
<br />Mr. -Fred Keller and Mr, _,Dayton Shanafelt, 1153 A1.tgeldti street,
<br />appeared in regard to vot.Li4an. riled E f24 for pavemeui on Alt,-,
<br />geldt, stireet from Miamk street to *ter* ge straet. ' Fet.itiott returnfd and vmilrer
<br />to be filed in re ellwy-intcrsection.
<br />Attorney Dan Pyle with Miss Douglas and hiss Kline appeared and'took
<br />up Matter of sewer assessment against the south one -}half of Lot 367 9a,9PAr
<br />Psrk owned by Miss Dougllm and Miss Kline in re, amount of'assessment.,- Board
<br />agreed to refund Miss Douglas and Miss Kline the sum of $73,00 nn said assess-
<br />ment. Attorney Pyle to file claim for aame.
<br />Property owners appeared in regard to River Park 3rd Sewer District
<br />1� roperty north of Jefferson Blvd. William S. Moore, civil engineer, AT-torneys.
<br />Pettingill, Graham, Fiewe11,-O'Neill and Gilliom represented the various
<br />p roperty owners; Mr.. V. Maurer, J. C. Birdsell,. J. •, and A. Coquillard, W. A.
<br />Mc pintyre and Mr. Pace also appeared. Mr. Wi:illam S. Moore submitted Figures
<br />which were -taken under advisement.
<br />'Mayor Seebirt submitted a communication from W. J. Huddle, consult-
<br />ing electrical enggineer for the city, in re ard,to prices submitted by'Mr. Eng
<br />l'ish, mane er of Indiana & Michigan Eelectrf o Company February, 19, 04. °
<br />The Board hereby continued receiving bids for electric light for the city
<br />until March 11, 1924 at 10:00 A. M.
<br />Attorney G. A. Elliott appeared before the Board -in regard to D.
<br />Schafer buildings out in alley south of Division street between Franklin and
<br />William street. Board agreed to pave alley up to Schafer's house.
<br />Indiana Bell Telephone Company Granted permission to rebuild existing.
<br />manhole on north side of Sample street. Same approved.
<br />Attorney -Anthony Wolfe appeared and filed written remonstrance as
<br />follows, and said petition is placed - on filer
<br />STATE OF INDIANA •°
<br />COUNTY OF _-ST. JOSEPH
<br />CITY•OF SOUTH BEND'
<br />IN THE MATTER OF TRACK ELEVATION AND
<br />GRADE SEPARATION OP THE NEW YORK B�Oa� ,�� ��13 PUt3LIC
<br />CENTRAL RAILROAD COMPANY.TRACKS AT ©�'
<br />CERTAIN STREET INTERSECTTONS IN THE WORKS IN THE CITY OP SOUTH
<br />CITY t?F SMITH 13E"D; TVDTAWA* BEND, INDIANA.
<br />Comes now the. New York "Central Rallrosel Company, by this, its
<br />amended remonst*&nes, and Dhows that, i1, is au 14A erstate Consolidated Corpor-
<br />ai,ion consilidated under the laws of the Stakes of Indiana, Illinoia, Michigan,
<br />Ohio, Pennsylvania and New York, and is engaged in a ggeneral interstate rail-
<br />road business with its main and principal line extending.from Chicago, Illinois
<br />to New York City, New York, which said line extends throUghthe Municipal Cor-
<br />poration of the City of South Bend, Indiana; that, said The New York Central Ra il-
<br />-rorad-Company-is- tYte-same-1-dentieal Railroad Company named in a certain resolution
<br />passed by the Board of Public Works of the Cilry of South Bend, Indiana, on the
<br />29t,h day of January, 19249 and which said resolution said Board has caused
<br />notice to issue for a hearing thereon on the 27th day of February, 1924.
<br />And comes now The New York Central Railroad Company and remonstrates
<br />against said resolution of the Board of Public Works, and the wdrrk and proceed-
<br />ing contemplated therein, and to be inaugurated by and under said resolution,
<br />upon the following grounds and for the following reasvf.s, to -wit:
<br />1. :,That said The New York Central Railroad Company is solely within
<br />the urisdictiQn and control of the Iyt rs ate Commerce Commission created anet
<br />funAoning under acts or Congress whc give to said Commission exclusive
<br />power, authority, jurisdiction andoontrol over the sub eat matter invdbved in
<br />said resolution passed and adopted by the said Board of Public Works of the City C
<br />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 Railroad
<br />Company, this remonstrator, toelevate its railroad tracks in the City of'South
<br />Bend.
<br />3. 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 im-
<br />provement, is vested in the Federal Government, under and by -virtue of certain
<br />Acts of Congress, which acts have annulled, cancelled, rope --"led and rescinded
<br />all the power and authority prior thereto vested in the States or Municipality to
<br />cause such public improvements and the expenditure-ofmoney therefor.
<br />4. That the elevation of remonstrator's tracks proposed by the
<br />resilution adopted by the Board of Public' Works will cause the elevation,of the
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