Source:Proceedings-in-council/content

Proceedings in Council.
EXTRA MEETING.

Tuesday, June 13, 1848.

Council met, present, Messrs. Armstrong, Bell, Cunningham, Hartley, Jones, Leonard, Lewis, Livingston, McClelland, McCollister, McKelvy, Mitchel, Palmer, Sawyer, Schaffer, Schurer, Scott, Stimple, Stoner, Von Bonnhorst, Wilson, and President.

Mr. Robinson President in the chair.

The President presented the Report of the Special Committee appointed to confer with the President of the Pennsylvania Rail Road Company, together with an opinion of the City Solicitor and a communication from the President of the Road to the Council, and An Ordinance granting certain privileges to the Pennsylvania Rail Road Company. Report read and accepted; Ordinance read twice, and on motion of Mr. Von Bonnhorst, the Ordinance, report, and accompanying documents ordered to be published in the American, Gazette, Post, and Journal; concurred in by S. C. They are as follows:

To the Select and Common Councils of the City of Pittsburgh.

The undersigned Committee, to whom was referred the communication of S. V. Merrick Esq., President of the Pennsylvania Railroad Company, respectfully report—

That in view of great advantages which may reasonably be expected to result to the city and county from completion of the Pennsylvania railway and its termination in the city of Pittsburgh, a liberal spirit should be manifested by Councils in aid of so important an enterprise, and no hindrance or obstruction be imposed which is imperatively necessary for the protection of the interests of the city.

The President of the Company, in his communication to the Committee, has submitted for the consideration of councils two distinct applications.

First—for a position for a depot on navigation and,

Second—for a free access to that position by steam.

And with these plans, and diagrams by which these requisitions are plainly illustrated and intelligible.

For the location upon which to erect a building to be used in distributing the merchandize carried upon the Railroad, the President of the Co. has selected the place usually denominated the "Point." He says: The only site within the limits of the city which will meet the requisition of the Directors, is at the confluence of the two rivers," and the intention of the Co., is, if that location be granted, to erect their depot on the slope of the wharf, the land side resting on Water street, the river side resting on piers started from the water line—the length of the building to be about eight or nine hundred feet, and its width about two hundred feet, extending from Liberty street across Penn street, to the extreme end of the Point.

Whether the Councils have the power to grant to the Company the use and occupation of the wharf, has been submitted to the City Solicitor; as a question of law, for his written opinion. That opinion, it is expected, will accompany this report. It is not improbable, however, that the terms of the Company's Charter are broad enough to admit of their obtaining the site chosen by their complying with the requisitions contained therein.

Your Committee have thought it inexpedient to grant to the Company the privilege of erecting their depot across Penn street, unless a passage, about thirty feet in width, can be secured by which free and easy access may be had between that street and the river, and through which horses, carriages, wagons, and other vehicles may pass without hindrance or obstruction.

Under these restrictions, your Committee recommend that Councils grant the request of the President of the Company as to the location of the depot, at an annual rent of three thousand dollars, for nine hundred feet, in the same proportion for any less quantity they may occupy, the rent to begin to accrue at and from the occupation of the building.

Your Committee also recommend that the second requisition of the Company be also granted, so far as to permit them to construct their railroad along Ferguson and Liberty streets to the Depot, reserving, however, to Councils the right to designate whether the cars shall be propelled by horses or steam, and that the present as well as the future councils, shall, at all times, have full power to make such regulations in that respect as experience may suggest.

GEO. W. LAYNG,
M. ROBERTSON,
I. R. LIVINGSTON,
SAM'L. M'KELVY,

⸻

Pittsburgh, June 13, 1848.

To the Select and Common Councils:

Gentlemen:—Having been called upon by you for a legal opinion in relation to the power of the city to grant to the Central Railroad Company the right to construct a depot, extending from Liberty st. to Duquesne way, and from Water st. to low water mark, on the Monongahela river, I would suggest the propriety of granting to the Railroad Company the privilege they ask in the form of a lien under such restrictions as you may deem advisable, care being had that the city do not bind themselves for more, or better title than they possess.

There has for a long time existed a doubt tn [sic] the minds of many as to the title of the city in that portion of the Monongahela wharf, yet all their doubts, even if well founded, can be overcome by the plan suggested. I have not examined into the validity of the title, for the reason that in the present case it is not necessary. The city can grant to the Rrailroad [sic] Company all the rights which it would have of erecting a building thereon, for like purposes, without in any manner becoming liable for defective title.

The Railroad Company may, after the lien is given, perfect their right to hold possession, as against any other person who might set up a claim, by application to the Court of Quarter Sessions, in the manner directed by the 11th and 12th sections of their charger.

The plan suggested, it appears to me, is the one most advisable for the city to pursue, as it may be done without incurring any risk or hazard whatever.

Very Respectfully,
C. O. LOOMIS, Solicitor for city.

⸻

Pittsburgh, June 7, 1848.

To the Joint Committee of Councils, on the Rail Road Depot.

Gentlemen:—The subject upon which you are called upon to deliberate is one of great moment to the trade and prosperity of your city, and I cheerfully acquiesce in the request of your chairman, Mr. Layng, to lay my views before you in relation to it, which will be done as briefly as possible.

The Railroad Convention having advised the commissioners to subscribe on behalf of the County to stock in the Pennsylvania Railroad, on condition that the terminus should be within the City of Pittsburgh, it is essential to the acceptance of that condition that I should be enabled to satisfy the Directors, that a suitable scite [sic] can be had for the establishment of the Merchandize or distributing depot, and that facilities to reach it will be granted—and as the power to grant these facilities rests with the Select and Common Councils, their action in the premises will be necessary before the Directors can act.

Upon the adjournment of the Convention, my first object was to seek a location.

The principles which will govern the Directors in relation to this question, are—First, a position on Navigation. Second: Free access to that position by steam.

It is the intention of the Directors to establish Three distinct depots: One beyond the built limits of the city. Its objects being for work-shops, storage of Engines and Cars, and the regulation of Trains. One for passengers, which will probably be located some where on the line below the Canal; and a third for the distribution of merchandize. It is this last which occupies attention at this time; on the judicious location of which will depend the usefulness of the road. For in view of competition with other roads, the trade will depend very much on the cheapness of transportation. The saving of expense to the trade must be a cardinal object, as a very small addition may have the effect of governing its direction.

In viewing the localities of your city, I have been able to find but one position within its limits which will meet the requisition of the Directors, and fortunately it is the one to which public opinion appears to have been almost universally directed: at the confluence of the two rivers.

This locality possesses most admirable qualities for the purpose, being situated midway between the line of wharves on the two rivers. It gives equal facilities for access to both, and no doubt can exist on the mind of any one who has watched the growing prosperity of Pittsburgh, that in a very few years the wharf room on both rivers will be insufficient for its extended trade. On obtaining the most judicious estimates of the value of private property on the point, it was found that the cost of the quantity of ground required, would far exceed any amount which would be considered justifiable in the directors to expend for the object; besides which, a sufficient length for the buildings, which will eventually be required, about eight to nine hundred feet could only be obtained by closing Penn street, and by opening a cross street in the rear of the Depot.

In viewing the difficulties which were presented, a plan suggested itself, by which, with the consent of the City authorities, the public property might be made available for this purpose, and at the same time increase the revenue of the City from wharfage.—This plan I now present for your consideration, and I do so with more freedom, because the County of Allegheny being largely interested in the cost of the road, any saving that can be effected in its cost, will be a direct gain to the County and City.

The plan will best explain itself by an examination of the Diagrams herewith presented.

The road is laid out to enter the city on Ferguson street, which it traverses the whole length, and thence at the old city line crosses into Liberty street, the only street of sufficient width, which it follows to the point on Water street. Now, I propose to erect the Depot upon that street, or on the slope of the wharf. The land-side resting on Water street, the river side resting upon piers, started from the low water line, leaving a street of sixty feet in width, between the Depot and the buildings facing Water street. Thus, the passage round the city plot will remain open from Water street to Duquesne Way; and the lower side and ends of the Depot being built on piers, the whole wharf, from the track to the water, will be open, and accessible round the point as at present. It is confidently believed that the vast importance of this location of the Depot to the trade of Pittsburgh will induce the Councils to acquiesce in the view taken, especially as the revenues of the city are not impaired, but will be largely increased by a wharfage charge upon every boat that comes to or unloads at the Depot. The City of Pittsburgh having been mainly instrumental in imposing the condition on the Company, which I beg to assure you is very acceptable if it can be fulfilled, I am led to hope that the constituted authorities will do all in their power, to enable the Company to accept it.

In reference to the privilege of laying rails in the streets, I need only express my confidence, that it will be promptly granted. But the importance of the privilege of using steam power, I will illustrate by a single fact. The cost to the Baltimore and Ohio railroad company, last year, for the use of horse power in the streets of that city, (about the same distance as will be required here, say two miles) was upwards of thirty five thousand dollars, while the cost of Steam power over the rest of the road, was, one hundred and twenty four thousand dollars; or less than one thousand dollars per mile. Thus the horse power required for an equivalent trade, will impose a tax on that trade of thirty three thousand dollars. The saving of such an amount is an important item; and, with entire confidence that the city authorities will never enact any regulation to embarras [sic] the trade, without sufficient cause, I am quite satisfied, that in granting it, this time, the privilege asked, that they shall not only limit the speed through the streets to four miles, at which rate the trains will be perfectly manageable; but that they shall reserve the right to regulate the power hereafter, if this mode of conveyance should be found dangerous to life or property.

Familiarity with this subject satisfies me, that all objections, if any exist, will be removed by short experience; because the facility with which the street is kept clear by steam, gives it a decided advantage, in point of convenience, over horse power a train of thirty cars will be taken at once to the depot; while if horses are resorted to, the same number of cars will be divided into fifteen sub trains, each requiring three horses; which will incumber the street for a long period. No danger from fire need be apprehended, as coal or coke will be exclusively used.

I am with much respect,
S. V. MERRICK, Pres't Penn. R. R. Co.

⸻

Whereas, a convention of the citizens of Allegheny county assembled on the 31st day of May 1848, upon the call of the commissioners of said county to advise with them upon the propriety of subscribing to stock in the Pennsylvania Rail Road Company, and whereas the said convention did advise the said County Commissioners to subscribe for 20 thousand shares of said Railroad stock and whereas the said county convention did advise the said County Commissioners to impose a condition to said subscription, to wit: That the said company should finally establish the terminus of their road within the limits of the city of Pittsburgh:—

Therefore, fully acquiesing [sic] in the views of the convention, as to the importance of the trade and prosperity of the city of Pittsburgh, that the terminus of said road should be located within its limits, and at a point convenient for its shipping interests, and that every facility ought to be given to said Company in the location of an access to their depot, not only as regards the convenient use of said road to the commercial and manufacturing interests, but in view of the fact that the city of Pittsburgh has become by the act of the County Commissioners a partner, and interested in the success and profit to be derived therefrom.

Therefore, Be it ordained, &c. By the Select and Common Councils of the city of Pittsburgh, that the right is hereby granted to the Pennsylvania Rail Road Company to enter and lay down rails through the streets of said city to, wit: along Ferguson street to a convenient point, to curve into Liberty street, thence down Liberty street to the river; and that the said Company shall have the privilege to traverse said streets with their cars and machinery; provided that, after passing the curve aforesaid it, shall not be competent for said company to exceed at any time a speed of four miles an hour, under such penalties as may hereafter be ordained and enacted by these Councils. Provided, also, that the said company shall at all times hereafter be subject to such rules and regulations as may be found necessary for the further protection and security of the persons and property of the citizens of said city.

Sec. 2. Be it further ordained and enacted, &c., by the authority aforesaid, that for the construction of a depot to accommodate the trade of the city of Pittsburgh, upon, and from said railroad, that there be granted, and the said authorities do hereby grant to the Pennsylvania railroad company, so long as the said depot may be required by the said Pennsylvania railroad company, the use of sufficient ground on the levee, or water front, of the city, upon which the said Company may construct the necessary buildings, beginning at the point opposite the corner of Liberty street; extending at right angles with Water street, two hundred feet to low water mark, and thence to the Allegheny river—at a rent of $3,000 per anumn [sic], for 900 feet, or in the same proportion for any less quantity that the company may occupy and use. Provided, that the said company shall cause Water street to be laid out at least sixty feet in width from the north side of said depot, and that the river side, and ends of said depot shall be founded on piers, so that free access to said levee shall at all times be unobstructed by foundation walls, and kept open for public use, and that the right to have a passage, at least thirty feet in width, opposite Penn street, through, and by which carriages, wagons, drays, and other vehicles may have free access between the said Penn street and the river. Provided, also, that the occupancy of said ground, by said company, shall not interfere with the right of the officers of said city to collect wharfage on said levee as though such depot had not been erected thereon.

Sec. 3. Be it ordained, &c. that any ordinance inconsistent with this ordinance be and the same is hereby repealed.

Adjourned to meet on Thursday evening next, when the whole matter will be disposed of.