Asheville Daily Citizen

Directions For Putting Down and
Keeping Up a Street Railway
Notice
to the Company-
Suit Against the Two Boards
The Board of Aldermen held a special
meeting yesterday afternoon at 2 o'clock.
Mayor Blanton, Aldermen Leonard.
Waddell, Baird. McDowell and Starnes
being present.
The meeting was called to consider an
ordinance concerning street railways.
The following is the ordinance in full.
"That any and all street railroads
which heretofore have or hereafter may
construct any such railroads over the
streets of the city of Asheville, shall do so
only upon the following conditions, to-
wit:
"1. That they shall use such rails and
of such character as shall be designated
by the Board of Aldermen of said city.
and the said Board does hereby designate
for any and all paved streets or portions
of paved streets in said city, a forty-
pound girder rail, to be laid on chairs of
the kind and character approved by the
city engineer. and upon crossties not
more than 2 feet apart; provided, how-
ever, that upon any unpaved street of
said city the said railroad may be con-
structed of any kind of rails approved by
the city engineer.
"2. That whenever the city shall pave
any street or any portion thereof in said
city, over which a street railroad has
constructed a line of railway. then the
said railway, if it is not using the said
girder rail, shall substitute the said
girder rail for the rail in use, at once.
"3. That any and all railroad com-
panies heretofore or hereafter construct-
ed are hereby required to perfectly place.
grade and complete the street, and pave
the same between the lines of rails of its
track or tracks, and for eighteen inches
on the outside of each rail thereof, and at
such grade as they may be directed by
the said Board of Aldermen of said city.
and to build and construct said paving
and the foundation thereof out of the
material directed to be used by the said
city for said paving, and to lay the same
under the direction and supervision of
the city engineer.
"4. That any all railway companies
heretofore or hereafter constructed are
required to keep the streets over which
they have lines of railways. between the
rails thereof and for eighteen inches on
the outside of each rail thereof. in good
condition and repair as required by. said
Board of Aldermen, so long as the said
street is used and occupied by the tracks
of said company or companies."
The ordinance was adopted on first
reading. and under suspension of the
rules was passed on its second and final
readings
The following ordinance was offered:
It shall be the duty of the police-
men of the city of Asheville, under the
direction and supervision of the chief of
police, to, and they shall prevent. re-
move and abate all unauthorized public
nuisances within the corporate limits of
the city of Asheville."
The ordinance was adopted on its first
reading. but a motion to suspend the
rules and adopt it on its second and final
reading was lost.
JOINT BOARD.
Notice Sent
to the Asheville
Street Railway Company.
The Joint Board of Aldermen and Ad-
visors also met, with Advisors Green,
Bearden and Williams present, in addition
to the Aldermen and Mayor.
City Engineer Lee was instructed to
tear down and rebuild the retaining
wall on Haywood street, near Dr. Wil-
liams' residence.
The Board adopted the following
and ordered the notice served upon the
Asheville Street Railway company by
City Engineer Lee:
"You are hereby notified that the city
of Asheville will begin to pave South
Main street in said city, from where
your line of railroad ends, near the inter-
section of Valley and South Main streets
up to or near the Swannanoa hotel. on
said South Main street, during this
week.
"And you are hereby further notified
that you can obtain the material for
laying the foundation for paving of such
character and the brick for building such
pavement from the city at the same cost
of the same to the said city.
"And you are further notified that the
said city will require you to do said pav-
ing in conformity with and as required
by law, i. e. you will be required to pave.
place. grade and complete the street, and
pave the same between the lines of rails
and for eighteen inches on the outside of
each rail thereof in such manner and at
such grade, and with such material as
you shall be directed by the Board of Al-
dermen of the city of Asheville, through
the city engineer, and also to so place
said street in proper condition and re-
pair as directed by the city engineer.
"You are hereby notified that if you
fail to perform any of the foregoing re-
quirements the said board will declare
your rights to pass over the streets of
said city forfeited.
"The city hereby expressly reserves
any and all rights against the said com-
pany, and this notice is not a waiver of
the same or any of them."
The notice was served on President
Martin by City Engineer Lee yesterday
afternoon
TO SUE ALL OF 'EM.
Members of the Two Boards to
Answer-Will Appeal.
The Asheville Street Railway com-
pany has brought suit for damages by
reason of the tearing up of its track on
Patton avenue, against not only the city
of Asheville, but against each member
of the Aldermanic and Advisory Boards
who participated in the meeting that
passed the order for the removal of the
track.
Those mentioned in the summons, filed
in the office of the Superior court clerk,
are: D. C. Waddell, J. M. Gudger, T. C.
Starnes, J. Hamp. McDowell, E Baird,
C. B. Leonard, C. D. Blanton, M. J.
Bearden, J. H. Williams, J. M. Green and
P. A. Cummings.
The complaint has not yet been filed.
The suit will come up at the next term of
the Superior court.
Will Appeal
City Attorney Cobb told The Citizen
this morning that the city would appeal
to the supreme court from the decree of
Judge Bynum in the injunction suit last
week.