02/26/1924 Board of Public Works Minutes

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Tuesday February 26.1924. Continued.: 12.- That the improvement, as.provided in said resolution, is im practicable and unjust to this remonstrator and.to the industries and various plae,es_served by this remonstrator by side`track.in the area included -in the track elevation provided by said resolution,.for the reason that in filing the the elevation of said tracks o,f this remonstrator over the intersecting streets affected by said proposed improvement, said improvement deprives the New York CenTral Railroad Company of the opportunity to send. raeles in an $ onomi al and efficient manner and the manufacturi itea! sts:n ind�wr, �ocettecd within the ;.area of t ie. improvement, 'of their 'present sidetrack connections and would, subject this remonstrators'and each of said industries, to heavy and un-�.- raasonable expense in rebuilding the several i respective plants and side tracks to secure practical railway cohneetigns, and'in many.instances such railway con- nections will be absolutely destroyed; IbAt said proposed by said resilu�tion will destroy the present team track facilities of. this remonstrator. 1i. That said proposed improvement,.if made .will -so alter and change the grade of the tracks of said remonstrator from both t-ast and Wiest to and upon said improvement that it �dll be impossible for this remonstrator to operate over said grades the freight trains and passenger trains which are now operated by this remonstrator and wl(ieh this remonstrator does now and intends to and will operate in the future, and that said proposed improvement will so increase the. I both from the East and West so that the length of trains and Lonna a now. 'operated by this remonstrator must, #J necessity be seriously reduced t§ the great and irreparable injury of the public and of this remonstrator, 411-of which said freight is being carried in interstate commerce. 14. This remonstrator further remonstrates against said: resolution and objects as to the work provided 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 od gouth Band or the Board of Public Works of said City to,ppass and adopt said resolution, requiring this remonstrator to elevate ito tracks, and to do the work or any part of the work required by said - res0lution, and there is not -now and was not at the time of the adoption of said resolutionoany authority vasted'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. 15. This.ramonstrator further objects and remonstrates against said said resolution, 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 authorised by law. 16. That the improvement as provided in said rasolution,.will eonfial cafe and will take the property of this remonstrator withatt Niue process of law. 17• that the improvement proposed by said resolutions and the pro- ceedings 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, rigghts and franchises of this remonstrator, for which it cannot be compensated in damages. That if the elevation of the tracks is required "to be msde, as pro- vided for in the proceedings now pending, the curve where the Kankakee line or Illinois Division of said Railroad system, joins the main line of.said remon- strator's tracks will constitute such"a curve as is equivalent to a grade of thin ty-two (32) percent; that: said construction proposed by said preliminary reso- lutioo( anew the proceedings provided for, are Of such a abaracter as to make said curve impractical and impossible to the eXtent that said curve will unduly interfere with and hinder the reasonable operation of said remonstrator's rail- road, and its trains engaged in inter and cross state commerce. n That this remonstrator -and its predecessor in title has for more than thirty (30) years last past been.expendin large. sums of money in the reduction Of grades and curves to t4a extent that ifs grades or equivalents are not now greater than four-tanths (4/10 of one (1) percent all of which is essential ,&nd necessary in railroad operation, and especially in the operation'of the rail- maae of „this remonstrator in the manr it has operated for many years last past, WUREFORE For each of the several Specifications above set -out, this remonstrator objects and remonstrates against said improvement,' resolution for .grade separation of streets and tracks and the elevation of tracks in the City of South' Bend as herein set uut. NEW YORK CENTRAL RAILROAD COMPANY Bertrand WALKER John GAvit Yeaglay & Wolfe Attys for Remoras.