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Cornell University Library 1993.HISTORY OF THE
ABOLITION OF RAILROAD
GRADE CROSSINGS
IN THE
CITY OF BUFFALO
BY ROBERT B. ADAM
Chairman of the Grade Crossings Commission, 1887-1904HISTORY OF THE ABOLITION OF
RAILROAD GRADE CROSSINGS
IN THE CITY OF BUFFALO
BY ROBERT B. ADAM
Chairman of the Grade Crossings Commission, 1887-1904
INTRODUCTION
On April 5, 1897, the late Robert B. Adam read a paper before
the Buffalo Historical Society, entitled “The Grade Crossings Move-
ment from its Inception to the Present Time.” The more elaborate
history of that work which he subsequently wrote, and which is now
for the first time printed in the following pages, was in large part an
amplification of his Historical Society sketch. As a record of the
work of which for so many years Mr. Adam was the modest, but
very persevering and efficient head, his later narrative is of the
greatest value; but it lacks the personal quality, the touches of
humor and criticism, which heightened the interest of the original
sketch. There is evident in the fuller history a very rigid abstinence
from everything but the impartial chronicling of fact, though a gleam
of the native Scotch humor does break through, in his use of Dr.
Johnson’s wonderful definition of “network” to illustrate the railroad
condition in Buffalo. That Mr. Adam could present his subject,
when he thought it fitting, in an altogether different vein, may be
judged from the opening paragraphs of his Historical Society paper:
“One day in September, 1887—the 10th I think—Secretary Thurs-
ton asked me if I would be willing to go to Albany as one of a com-
mittee from the Merchants’ Exchange, to attend a hearing before the
State Railroad Commissioners, upon a proposed plan for abolishing
151152
INTRODUCTION.
a number of the most troublesome grade crossings in Buffalo. At
that time I knew little, and cared less, about the grade crossings
question; I had no desire to travel to Albany; and I declined the
invitation.
“That same evening, as fate had decreed, an old friend, journey-
ing from Colorado to New Hampshire, broke his journey at Buffalo,
partly to rest for a day, partly to spend an evening in gossip over
‘auld lang syne’ with his old-time friends. I chanced to speak of the
Albany committee business, and my friend immediately set himself
to have me change my mind. ‘Man,’ said he at last, ‘we’ll take the
morning train and have a grand time chatting together’-r-most likely
he said, ‘crackin’ thegither’—‘and smoking all the way to Albany.’
That settled it. I went with my friend to Albany, and thence he
went on his way to the East. That’s how it began, and why I’m here
tonight.”
For the most part, however, the two records of the grade-cross-
ings work written by Mr. Adam are essentially the same. As history,
the more detailed account, which is here printed, is unquestionably
the one to be preserved. An occasional quotation from the shorter
and less formal narrative is now and then added as a footnote.
Mr. Adam was chairman of the Grade Crossings Commission
up to the time of his death, which occurred on June 30, 1904. His
portrait, and a sketch of his career, were printed in Vol. VII. of the
Historical Society Publications.
F. H. S.HISTORY OF THE ABOLITION OF
RAILROAD GRADE CROSSINGS
IN THE CITY OF BUFFALO
BY ROBERT B. ADAM
Chairman of the Grade Crossings Commission, 1887-1904
I. The People Aroused—“Grade Crossings Must Go! ”
The purpose of this paper is to record the history and
progress of the movement for relief from the dangers and
inconveniences of railroad grade crossings in this city.
The first attempt to abolish a grade crossing, of which
record has been found, was made in 1856, when a plan
was prepared by Mr. Peter Emslie, then city engineer, for
a bridge or viaduct over the four tracks of the New York
Central Railroad at Michigan Street. The approaches to
the bridge were on a grade of six feet in a hundred. Be-
yond constructing the bridge on paper, nothing else ap-
pears to have been? done.
It is a notable incident that the first grade crossing
sought to be abolished, was also the first to be actually
abolished, in 1896, just forty years after the first effort.
The next attempt to procure relief was made in 1874
by Alderman Joseph Churchyard, at whose request Mr.
George E. Mann, city engineer, prepared plans for a
bridge or viaduct over the tracks of the New York Central
I S3154
ABOLITION IN BUFFALO OF
Railroad at William Street. Mr. Mann writes as follows
in reference to the result:
“Mr. Churchyard submitted the plans personally to Mr. Vander-
bilt, then president of the New York Central Railroad Company, with
an urgent plea for the construction of the bridge. Mr. Vanderbilt’s
reply was to the effect that until the city of Buffalo expressed a
more emphatic desire for that improvement, and until they, the
company, were obliged to do the work, they would decline to con-
sider the matter. Mr. Churchyard, lacking the necessary legisla-
tion, and without public clamor to back him, dropped the subject.”1
During the twelve years following, whenever an acci-
dent happened at a grade crossing; whenever one or more
persons were killed or maimed; whenever some unusually
long delay to street traffic would be caused by a train of
cars obstructing the street; there would result some public
indignation, involving a discussion upon the abolishment
of grade crossings; a few sharp comments in the daily
papers; then quiet settled down again. But there came a
time when the fatal accidents became too frequent, the ob-
structions of the streets too irritating, and the emphatic
mandate came forth from the people: Grade crossings must
go! This happened in the beginning of 1887.
April 13th the Common Council adopted a resolution
“That an invitation be extended to the Board of Railway
Commissioners of the State of New York to inspect the
entire system of railroad approaches entering the city,
with a view to securing their recommendation of a com-
prehensive plan for elevating the tracks over the street
crossings or otherwise providing suitable remedies.” The
Buffalo Lumber Exchange addressed a communication to
the same commissioners, May 23d, which drew special
attention to the “crowded condition of the railroad cross-
ings at the grade of Washington, Michigan and Louisiana
Streets. A tally of the traffic of these three streets, for
1. “How often since then, for lack of more emphatic demand, have needed
improvements and needed reforms been delayed and hindered in this great and
growing city of ours? How often has the determination of the great railroads
to do nothing until obliged to do something, delayed the removal of the danger-
ous grade crossings? Even unto this day—through forty years of intermittant
effort—have some of them succeeded in frustrating the wishes of the people.”—
R. B. A., Historical Society paper.RAILROAD GRADE CROSSINGS.
155
one day, April 7, 1887, between the hours of six a. m. and
six p. m., gave the following results:
	Vehicles	Pedestrians	Train Movements
Washington Street ...	.. 1603	5724	132
Michigan Street 			1299s	412
Louisiana Street		.. 2158	6405	428
There were in all 384 miles of railroad tracks in the
city, and counting all the railroad companies there were
275 grade crossings.
Due notice of a public hearing was given, and the same
was held at Buffalo on the 7th day of June, 1887. The
city in its corporate capacity, the Lumber Exchange, and
other citizens in interest, were very numerously repre-
sented. The crossings complained of were inspected by
the Board, in company with the president of the Common
Council and others, and a full knowledge of the grievances
complained of and the difficulties in the way of their re-
moval, was obtained. The Inspector of the Board, Mr.
Thomas W. Spencer, was immediately ordered to proceed
to Buffalo, make a careful investigation, survey and make
drawings of the crossings complained of, and prepare a
plan to remedy the evils. Invitations were extended to
the railroad companies to cooperate with him. A report
from Mr. Spencer, in detail, dated July 26, 1887, was Pre_
sented to the board. It was printed, copies sent to the
railroads and complainants and other parties in interest,
and a public hearing set in Albany for September 13th.
In the meantime, the citizens of Buffalo were getting
ready a large delegation to attend the hearing in Albany.
The Common Council appointed a committee, consisting
of Aldermen Summers, Scheu, Ramsperger, Kendall and
McMasters; also City Engineer Krause and Corporation
Counsel Worthington. The Buffalo Lumber Exchange
appointed Messrs. J. N. Scatcherd, H. J. Hurd, Britton
Holmes, Oliver Laycock, S. D. Colie and E. T. Betts.
The Buffalo Merchants’ Exchange appointed Hon. Philip
Becker, R. B. Adam, Jacob Dold, George Sandrock, and
E. C. Wilbur. Committees were also appointed by the
Buffalo Business Men’s Association, consisting of R. R.156
ABOLITION IN BUFFALOx OF
Hefford, James Mooney, W. J. Morgan, F. F. Fargo and
P. J. Ferris; and the Buffalo Produce Exchange ap-
pointed LeRoy S. Oatman, G. M. Wattles, J. M. Gilbert,
George Hornung and Charles Richardson.
A conference of these delegations was held at the Dela-
van House on the morning of the hearing, at which time,
on motion of Mr. J. N. Scatcherd, Mr. R. B. Adam was
chosen as chairman and Mr. P. J. Ferris as secretary. The
organization thus formed held together for a long time
afterwards and came to be known as the Joint Committee.
Arrangements were made for concerted action at the hear-
ing, and the committee adjourned to the Capitol, expecting
a full and free discussion of the subject would there take
place. The railroad companies, however, through their
counsel, Hon. D. H. McMillan and others, stated that their
engineers had been unable to give the subject attention,
and that they were not prepared at that time intelligently
to discuss it, and requested an adjournment to a later day.1
At this there was evident displeasure on the part of the
commissioners, and the committees representing the citi-
zens of Buffalo, and all expressed their indignation in very
pointed terms. Upon repeated promise by the counsel for
i. “On the morning of September 13th, the day of the hearing, the dele-
gates from Buffalo met in the parlor of the Delavan House. They represented
the Board of Aldermen, the Lumber Exchange, the Merchants’ Exchange, the
Business Men’s Association, the Produce Exchange and the Retail Grocers’ As-
sociation. There had been no organization, no concerted plan of action, and
something of the sort was evidently lacking. There were leaders enough, able
and willing, waiting the opportunity to lead, when John Scatcherd, with that
spirit of mischief and practical joking for which he holds a well-earned fame,
proposed that I should act as chairman. It was a surprise to everybody—an
unwelcome surprise to me—but as nobody made any objection and there were
no indications of future responsibilities—nothing beyond the doings of that one
day—I stood as chairman. Peter J. Ferris was chosen for secretary, and after
arranging the order for appearing before the commissioners, we all marched up
the hill to the Capitol, and, like the army of the King of France, we all
marched down again. It wasn’t much of a hearing on grade crossings. There
wasn’t much said about plans for abolishing grade crossings. The railroad
engineers were on vacation, so said the railroad attorneys, and they hadn’t
thought of the plans, but they would do so after vacations were over. The
commissioners were angry; because due notice had been given the railroads.
The Buffalo people grumbled over the delay and the time and expense wasted
in their going to Albany, and at being trifled with in the end. ‘Gentlemen,’
said the emphatic citizen to the railroad attorney, ‘if you don’t begin to do
something, you won’t never do nothing.’ ”—R. B. A., B. H. S. paper.RAILROAD GRADE CROSSINGS.
157
the railroads that they would immediately begin the con-
sideration of the plans, and report on Oct. 19th, the board
adjourned further hearing until that date, in the Common
Council chamber at Buffalo. The intervening time was
employed by the Joint Committee in preparing for the
hearing.
Several meetings were held in the committee rooms of
the Merchants’ Exchange. A finance committee, consist-
ing of F. F. Fargo, James R. Smith, Britton Holmes,
Jacob Dold, and LeRoy S. Oatman, was appointed to
secure subscriptions to a fund to defray expenses. A com-
mittee, consisting of John N. Scatcherd, John M. Farquhar
and R. B. Adam, charged to secure expert engineering and
legal talent, secured the services of Arthur M. Wellington
of New York and George E. Mann, as consulting engi-
neers, and Spencer Clinton as attorney for the Joint Com-
mittee.
Seldom has so large and representative a gathering of
the prominent and influential business men of Buffalo been
seen in the Common Council Chamber as that which as-
sembled there, on Oct. 19, 1887, upon the occasion of the
adjourned hearing before the State Railroad Commission-
ers. The commissioners were Hon. John D. Kernan of
Utica, William E. Rogers of Garrisons, and Isaac J. Baker
of Comstock; and with them were Wm. C. Hudson, secre-
tary, and Thos. W. Spencer, inspector for the Board.
The New York Central was represented by J. M.
Toucey, general manager; George H. Burrows, Buffalo
division superintendent; Walter Katte, chief engineer;
Hon. D. H. McMillan and James F. Gluck, attorneys.
The Erie Railroad was represented by W. J. Murphy,
general superintendent; R. H. Soule, general manager;
Edward Van Etten, division superintendent; C. M.
Buchholz, chief engineer; Norris Morey and Henry W.
Sprague, attorneys. Other railroads were represented as
follows:	The Western New York & Pennsylvania by
George S. Gatchell, general superintendent, and R. D.
McCreary, chief engineer, and John G. Milburn, attorney;
the Lehigh Valley by W. Stevenson, general superinten-158
ABOLITION IN BUFFALO OF
dent, and Peter C. Doyle, general passenger agent; the
Delaware, Lackawanna & Western by Franklin D. Locke,
attorney; the Buffalo Creek by General Superintendent
Goodman. The city of Buffalo was represented by Hon.
Philip Becker, Mayor; Aldermen Scheu, Summers, Rams-
perger, Kendall, McMasters, Adams; City Engineer
Krause, Corporation Counsel Worthington, City Attorney
Laughlin. Members of the Joint Committee were present
in large numbers, together with many other interested
citizens.
The report of Mr. Spencer was again submitted, and
also a report signed by the chief engineers of the railroads.
These may be briefly quoted together. Mr. Spencer was
clearly of opinion that the surface tracks of the New York
Central through the Terrace should remain at grade and
for protection he suggested “that an iron picket fence, six
feet high, parallel and as closely adjoining the tracks as
admissible, be erected from the west side of Erie Street
to the east side of Main Street, with lift gates of same
height, properly counterpoised for ease and rapidity of
movement.” Like protection was suggested for Washing-
ton Street. The railroad engineers dissented from this,
being of opinion that guard gates at Washington, Main,
Seneca and Erie Streets, would afford all needed public
protection. The most radical change proposed by Mr.
Spencer was at Michigan, Chicago and Louisiana streets.
He suggested a plan for the elevation of all tracks crossing
these three streets, excepting the freight tracks of the New
York Central crossing the Hamburg Canal. The plan
would, of course, make it necessary to elevate the passen-
ger train-house, baggage-room and express building, with
an inclined roadway along Exchange Street. The railroad
engineers were unanimous in their opinion that the inad-
missible grades on the railroad tracks, the great expense,
and the disorganization of the traffic would be so great as
to be utterly incommensurate with the benefits which the
city would derive from it; and in lieu thereof proposed a
viaduct be constructed to carry Louisiana Street over the
railroad tracks, that Chicago Street be closed between theRAILROAD GRADE CROSSINGS.
159
Hamburg Canal and Carroll Street, and that Michigan
Street be protected by gates and flagmen.
Mr. Spencer recommended a viaduct in Seneca Street
over the tracks of the New York Central, the West Shore,
and the Western New York & Pennsylvania railroads;
and this was approved by the railroad engineers. Mr.
Spencer considered that the crossing of the Erie tracks at
Seneca Street would be sufficiently protected by gates and
flagmen, but advised a viaduct over the tracks of the Buf-
falo Creek, Western New York & Pennsylvania, and the
New York, Chicago & St. Louis railroads at Seneca Street;
and this was approved by the railroad engineers.
There were a number of less important suggestions in
the report of Mr. Spencer, which were duly considered by
the railroad engineers; but the apportionment of the cost
became the vital question, and was vigorously contested.
The State Commissioners made no suggestions on this
matter, but gave their opinion as follows:
“It is to be kept in mind that, notwithstanding the great incon-
veniences and dangers the public is suffering by reason of these
railroads running on the streets, after all they are there and have
vested rights. Consequently, if the grievances are to be removed it
is but just that the city should pay a fair proportion of the expense
of such removal. The Board trusts that the city and the railroad
authorities will reach an agreement as to the expense to be borne by
each/’
The railroad engineers proposed that the railroads pay
the cost of the structure over or under the tracks, and the
city pay the cost of the approaches and all consequential
damages to abutting property. For example: The viaduct
in Seneca Street over the New York Central tracks, was esti-
mated to cost $83,000.00, including approaches, and of
this amount the railroads would pay $43,000.00; the city
$40,000.00, and consequential damages. The viaduct over
the Buffalo Creek and other roads, at Seneca Street, was
estimated to cost $57,606.00, with approaches, and of this
amount the railroads would pay $12,079.00; the city
$45,527.00, and consequential damages. This method of
apportionment was indignantly denounced by the represen-160
ABOLITION IN BUFFALO OF
tatives of the city, and of the business associations; and so,
without reaching any understanding, the hearing was ad-
journed.
The Joint Committee met at the Merchants' Exchange
Oct. 22, 1887. Twenty-five members were present. A re-
port was read from Engineer Arthur M. Wellington, rec-
ommending the elevation of the railroad tracks about four
or five feet from their established level, and the depression
of the streets sufficiently to carry the roadway under the
railroad tracks. The head-room required for street traffic
was stated at eleven feet. This recommendation included
the territory north of the Hamburg Canal and Seneca
Street, and excluded the district in the south part of the
city where the conditions were different and special.
A report was made by Engineer Albert Krause, that
all the railroad tracks be elevated on an average of five
feet, and the streets taken under them, excepting the rail-
roads nearest Lake Erie and Niagara River.
A report was made by Engineer George E. Mann, ap-
proving the plan suggested by Engineer Wellington.
The three reports were ordered printed and sent to the
State Railroad Commissioners, and the following resolu-
tion was adopted:
“Resolved, That this Joint Committee adopt the plans of Engineer
Wellington, and have profile made at once of all existing tracks in
Buffalo, noting on them the street and sewer grades of every street
they cross, and to lay out a new system of grades for the whole
trackage of Buffalo at such a height as to make it possible to carry
the streets under.”
A meeting of the Merchants' Exchange was held Octo-
ber 27th, President James R. Smith in the chair. The
special committee of the Exchange submitted a report em-
bodying the proceedings of the Joint Committee to date,
which was received, adopted, and entered on the minutes.
The committee was changed from a special to a standing
committee of the Exchange, under the title of “Committee
on Railroad Crossings at Grade."
The next meeting of the Joint Committee was heldRAILROAD GRADE CROSSINGS.
161
December 7th, at the Merchants’ Exchange. There were
present R. B. Adam, chairman, P. J. Ferris, secretary,
Mayor Becker, J. N. Scatcherd, R. R. Hefford, S. D. Colie,
George Bleistein, F. F. Fargo, W. J. Morgan, Leroy S.
Oatman, Alderman Kendall, N. W. Voltz and City Engi-
neer Krause. It was resolved that letters be addressed to
the presidents of the various railroads, inviting them to a
conference, and the following communication was drawn
up and forwarded :
Buffalo, N. Y., Dec. 7, 1887.
Dear Sir: The undersigned officers of a joint committee from
the Common Council, the Merchants' Exchange, the Lumber Ex-
change, the Produce Exchange, Business Men’s Association, and the
Retail Grocers’ Association, of the city of Buffalo, would respect-
fully represent that in answer to request made by the Common
Council of Buffalo, the Board of Railroad Commissioners of the
State of New York have prepared for submission and recommenda-
tion to the Legislature a plan for the relief from dangers and delays
caused by the railroad street crossings at grade in our city.
This plan meets with the very general approval of our citizens,
and its adoption by the railroad authorities of your and the other
roads now entering our city at grade, would be received with cor-
dial satisfaction. We are advised by competent engineers, familiar
with railroad traffic, that the benefits to be derived by the citizens
from the substitution of elevated tracks for grade crossings would
be more than equalled by the benefits to the railroads themselves;
and, therefore, believing it to be a matter of interest, we have been
authorized to request the presidents- of the several corporations to
meet with those representative committees at Buffalo in conference
upon the plans of the State Railroad Commission. We ask, there-
fore, that you appoint a day when such conference can be held, and
we would respectfully request that as early a date as possible be
designated, suggesting Wednesday, December 28th, current to your
favorable consideration.
A duplicate of this letter has been sent to the presidents of—
The New York Central & Hudson River Railroad Company;
The Delaware, Lackawanna & Western Railroad Company;
The Michigan Central Railroad Company;
The Lehigh Valley Railroad Company;
The New York, Lake Erie & Western Railroad Company;
The Buffalo, Rochester & Pittsburgh Railway Company;162
ABOLITION IN BUFFALO OF
The New York, Chicago & St. Louis Railroad Company;
The Western New York & Pennsylvania Railway Company;
The Buffalo Creek Railroad Company;
The West Shore Railroad Company.
Your reply will have prompt attention.
(Signed)	R. B. Adam, Chairman.
(	“	)	P. J. Ferris, Secretary.
The date finally agreed upon for the conference was
Jan. io, 1888.
A motion was adopted authorizing the chairman to ap-
point a committee of three to take action to prepare a bill
to be presented to the Legislature in the matter of grade
crossings. J. N. Scatcherd, R. R. Hefford and Corpora-
tion Counsel Worthington were appointed such committee.
II. A Splendid Dream—The Buchholz Plan.
The conference was duly held, January 10th, according
to agreement. On the following morning the Courier said,
editorially:
“As a conference with the railroad ‘presidents’ yesterday’s grade-
crossings meeting was a pronounced farce. As originally intended
the conference was to be held last month, but it was postponed two
weeks to accommodate the big railroad presidents. But they did
not come; they sent their attorneys, superintendents, or engineers.
. . . It is perfectly patent that the railroads in this latest confer-
ence played another game of diplomacy. . . . This is unfortunate.
... It forebodes a prolonged contest.”
The editor of the Commercial of the same day, said:
“Notwithstanding the Courier’s opinion, the Commercial believes
it was a marked success. It is true, the presidents were not all there,
but they were all represented by prominent officials of their roads.
As regards practical work quite as much was accomplished as any
unprejudiced person had reason to expect.”
Both of these opinions were true in different senses.
There was a great deal of airy talk by the railroad attor-
neys, but the practical work done was really important.RAILROAD GRADE CROSSINGS.
168
First of all, a draft of a bill was introduced and read, ap-
pointing a board of commissioners to adopt and carry out
plans for abolishing grade crossings in the city of Buffalo.
Second, a committee consisting of R. B. Adam, J. N.
Scatcherd, R. R. Hefford, Alderman Kendall and Spencer
Clinton, was appointed to confer with the railroads,
through a committee appointed by them, upon the bill that
had been read, and, if possible, adopt it or one in its place.
Third, the presentation by Chief Engineer Buchholz
of the Erie Railway of his plans for union passenger and
freight stations.
The Buchholz plans thus quietly presented did not at
first attract much attention. Members of the Joint Com-
mittee looked at the plans, but without any particular in-
terest in them. The officials of the other railroads glanced
at the plans and one of the New York Central gentlemen
called the elevations of the union depot “a very pretty pic-
ture.” But of serious consideration there was none given
the Buchholz plan on the day of presentation. Inasmuch,
however, as the Buchholz plan played a leading part in
many of the subsequent proceedings, it may be well to give
an outline of its most popular features.
The proposed grand union passenger depot would have
had a frontage on Washington Street, extending from Ex-
change Street to the Hamburg Canal. The Washington-
street elevation represented an ornate brick and cut-stone
edifice, with a frontage of 300 feet, seven stories high,
covered by a Mansard roof with numerous dormer win-
dows, and over-topped by a massive clock-tower over 200
feet high. A paved plaza 100 feet wide would separate
the edifice from Washington Street proper. Over the main
entrance would be a broad porte-cochere, and to the right
of this about 75 feet further south would be a massive arch
from which would emerge the double tracks of the Central
Belt Line and Niagara Falls line. Crossing Washington
Street at the northwesterly comer of Quay Street, the Belt
Line tracks would be carried under Main Street, through
Spaulding’s Exchange and adjoining properties, woufd
take the H. H. Baker building, the United States Hotel,164
ABOLITION IN BUFFALO OF
the Pascal P. Pratt buildings, curving thence across the
Terrace at grade to the Terrace depot.
The Exchange-street elevation of the union depot
dropped to three stories after passing the tower, and con-
tinued for 300 feet. Beyond the depot building proper
would stretch away the mammoth train house for 500 feet
more. The ground plan of the passenger station showed a
general waiting-room 76 by 132 feet, a smoking-room 37 by
81 feet, a spacious ladies’ room, a platform 50 by 280 feet
between the waiting-room and the train house; and here
would be the ends of 14 railroad tracks with eight broad
platforms lengthways between the tracks for ingress and
egress from the trains of cars, these platforms and the plat-
forms of the cars being upon the same level. The train
house would be a grand arched structure 108 feet high in
the center and 280 feet wide. The estimated cost of the
buildings was $700,000.
The grand union freight depot was designed to occupy
the space between Michigan and Alabama, Exchange and
Carroll streets.
To carry out the Buchholz plan it would also have been
necessary to take the Continental Hotel property and all
other buildings on Exchange Street, extending to Wash-
ington Street, and on the east side of the latter street to
the Hamburg Canal. It proposed to carry Michigan Street
over the railroad tracks by a viaduct substantially as has
now been done. It proposed to close Chicago Street be-
tween Carroll Street and the Hamburg Canal. It proposed
to carry Louisiana Street over the railroad tracks by a
viaduct with approaches extending from Seneca Street to
Scott Street.
The union depot was intended to accommodate the
passenger trains, and the local freight trains, of all rail-
roads entering Buffalo. The scheme was not without its
difficulties. It involved the outlay of a large amount of
money; the moving and changing of many railroad tracks;
the exchanging of much real estate owned by rival railroad
companies and heavily mortgaged; the organizing of a
grand union depot corporation, with many details of for-RAILROAD GRADE CROSSINGS.
165
midable character; but, as we shall presently see, the Buch-
holz plan captivated almost all the citizens, and, as appeared
at one time, all of the railroad companies. Those of the
citizens who declared themselves in opposition did so because
the railroad tracks were not elevated at the crossings of
Michigan, Chicago and Louisiana streets; all else they
approved.
A conference was held January 17th, between the sub-
committee on legislation and a committee of railway attor-
neys, consisting of Wilson S. Bissell, Franklin D. Locke,
E. C. Sprague and John G. Milburn. The fifth member,
Hon. D. H. McMillan, not being present, no definite action
was taken. The bill prepared by Spencer Clinton and ap-
proved by the sub-committee was under discussion. It
provided for the appointment by name of nine commission-
ers, citizens of Buffalo, to hold office for five years; va-
cancies to be filled by the Governor. Power was given to
adopt or modify plans after hearing the railroads and in-
terested parties; to determine what portions of the work
to be done, would be done by, or paid for, the railroads
and the city; to enforce the carrying out of their plan; to
determine the time when the work or any portion of it
should be begun by any railroad, and in case of default to
do the work and collect the cost from the railroad. Lands
required were to be taken by condemnation proceedings
and the awards apportioned on the railroads and the city
in such proportion as should be just. Claims for damages
to property by change of grade, or by closing or discon-
tinuing any part of a street, were to be made to the as-
sessors, whose decision would be final and would be paid
by the city. The commissioners would serve without com-
pensation.
A substitute bill was introduced by Mr. Locke, which
provided that the city of Buffalo might lawfully, upon reso-
lution by the Common Council, present a petition to the
Supreme Court for the appointment of five disinterested
persons, of whom one would be a practical civil engineer,
one an attorney-at-law, and three freeholders of the State
of New York, to determine and file a plan for regulating166
ABOLITION IN BUFFALO OF
the railroad crossings. Thereafter the commissioners were
to determine the proportion of cost and expense to be paid
by the railroads and the city; they were to cause any rail-
road track or tracks crossing any public street to be ele-
vated or depressed so as to separate the highway traffic on
the street from the traffic on the railroad, but no change
could be made on the alignment or grade of any railroad
without the concurrence of the member of the commission
who was a practical civil engineer; they were to determine
the amount of damages to real estate caused by changes of
streets, and to determine equitably the proportion of the
cost of separating the grades of streets and railroads to be
paid by the railroads and the city ; they were to prepare
and file with their report an estimate of the entire work to
be done, and the proportion to be paid by the city, where-
upon the city would borrow the amount required by the
issue of bonds for that amount. The fees and expenses of
the commissioners were to be paid by the city.
E. C. Sprague, attorney for the Erie Railroad, said
that the officials of the Erie, New York Central, and West
Shore were then consulting on the matter, and in a week
their representatives would present a plan, and no doubt
the Lackawanna and the Lehigh Valley would coincide
with the other roads. Adjournment was made to January
25th.
Meanwhile the Buchholz plan was enjoying a boom of
great prosperity. Newspaper editorials voiced the popular
sentiment, as follows:	“The best news of the day—a
grand union railway station almost in sight.” “Captivating
offer of the railroads to build for Buffalo a seven hundred
thousand dollar union station.” “The railroads say that
they are ready to spend three million dollars in building
for Buffalo a union station and in depressing and elevating
tracks.” “The proposition made by the railroads is a happy
surprise. The offer to build a grand union station is cause
for general rejoicing.” “The plan presents many excellent
features, but there are serious objections to the long bridges
on Michigan and Louisiana streets. It is estimated that
drawing freight over these bridges would add one dollar aRAILROAD GRADE CROSSINGS.
167
load to the cost. The problem is a great one, and it may be
that this plan is the best that could be devised under all the
conditions.”
With the way thus paved for favorable consideration
the Buchholz plan was again presented to the Joint Com-
mittee on January 25th. Engineer Buchholz was present
to explain his plan and furnish information thereon. The
chairman suggested that the commission would like a def-
inite statement by the representatives of each railroad that
they were agreed as to the Buchholz plan, and that they
have authority to say so. Mr. McMillan said:	“On be-
half of the Central, and West Shore, and Nickel Plate, I
am authorized to say that the plans as here presented in a
general way are satisfactory to those companies.,, Mr.
Sprague said: “I think I am authorized to speak for the
Erie Railway, that these plans are satisfactory to that com-
pany/’ Mr. Locke said:	“I think I am authorized to
speak for the Union Terminal Company, and the Western
New York & Pennsylvania Railway to the same effect, and
also for the Lackawanna.”
A long discussion followed, in which was developed a
serious division of sentiment as to the course to be pursued.
An influential minority was strongly of opinion that the
committee should insist upon elevated tracks, or nothing,
and fight it out on that line. A member who approved the
plan, said: “I think the great mass of the citizens of Buf-
falo would be greatly pleased by the carrying out of this
plan,” and one of different opinion said: “Perhaps it is all
right, but I cannot say whether we should be thankful to
have the privilege of building a bridge over the railroad.
I don’t see where the thanks come in. I don’t see why it
is not just as well as it is now, or better than it would be
that way. I am thankful that the railroads are willing at
least to come together and have a union depot. I approve
of that very much. The Erie road, and all excepting the
Central, have striven to get there, but the Central always
has the advantage of them. And now, while I am a little
surprised, it seems that the Central was really willing to
give the rest of the railroads the same chance they have,168
ABOLITION IN BUFFALO OF
and I am thankful for that.” Another member said:	“I
would rather cross Michigan Street at a grade than over a
bridge. Although the centralization of the freight depart-
ment is a fine thing, I would rather they would remain as
they are.” The majority, however, held that as the Buch-
holz plan was one upon which all the roads had agreed, and
with which the great majority of the citizens were greatly
pleased, the wise course to pursue was to move for the ap-
pointment of commissioners, vested with the necessary au-
thority, to whom the entire problem could be referred; and
the following resolution was unanimously adopted:
Resolved, This committee is gratified at the spirit displayed by
the railway companies in agreeing upon a general plan of relief, and
that they heartily approve of the suggestions to have a general union
depot for passengers and freight, and heartily recommend the ap-
pointment of a commission to adopt the best measures for bringing
about the same.
The sub-committee on legislation reported progress,
was continued, and the meeting adjourned.
At a regular meeting of the Common Council, held
Monday, Jan. 30, 1888, the Board of Aldermen passed the
following resolution, on motion of Alderman Scheu:
Resolved, That the president of the Common Council name four
members of the Council, who together with the president as chair-
man, the city engineer and the corporation counsel, shall constitute
a committee, with power to take charge on behalf of the city of all
matters pertaining to the railway crossing question, and to take such
steps for the protection of the interests of the city as to them shall
seem best.
The president appointed the following as such com-
mittee: Aldermen Summers, Scheu, Ramsperger, McMas-
ters and Kendall.
Discussions upon the proposed bill were now the chief
business of the Joint Committee, the Common Council
committee, and the railroad attorneys. Conferences were
frequent. The citizens were earnest and eager for imme-
diate action. The railroads were all for delay and for re-
strictions in the bill to which the citizens could not agree.RAILROAD GRADE CROSSINGS.
169
The Business Men’s Association held a meeting Feb-
ruary 9th to consider the Buchholz plan. Among those
present were James B. Stafford, chairman; Peter J. Ferris,
secretary; James A. Roberts, James N. Adam, William J.
Morgan, George Warner, James Crate, and H. D. Folins-
bee. Here, as elsewhere, the differences of opinion were
so great that the members, unable to agree upon resolu-
tions of unqualified approval, adjourned for ten days, after
extending an invitation to Hon. D. H. McMillan to be
present at the adjourned meeting, to address them on the
railroad view of the situation.
The full text of the revised grade-crossings bill drafted
by Spencer Clinton for the Joint Committee was published
in the Courier and the Express February 10th, and a con-
ference thereon by the sub-committee of the Joint Com-
mittee, the special committee of the Common Council, and
the committee of railway attorneys, was held February
18th, in the forenoon. No agreement was reached, as may
be gathered from some of the recorded words of the attor-
neys. Said one of them:	“I have no authority to act in
this case.” Said another: “This is a one-sided affair. If
you want it, send to Albany. I shall oppose it.” And yet
another: “There is one feature of this bill which ought to
be fatal to it. That is, that this commission is to be com-
posed of citizens of Buffalo. ... I think in the whole
history of legislation, the whole history of legal proceed-
ings, so far as I have known or heard of either, so mon-
strous a proposition has never been presented to reasonable
men. ... I would rather go into purgatory for a hun-
dred years than be upon that commission, as a citizen of
Buffalo, and undertake to do what was right. I don’t envy
his position, and I warn any man who desires any peace of
his life in the future, to stay off the commission.”
Mr. R. R. Hefford said:	"From the spirit of enmity
manifested here this morning it begins to look as if it is
impossible ever to agree. I move the following:
“Resolved, That the bill as prepared by the sub-committee be
submitted to the Joint Committee this afternoon, and if agreeable to
them that it be sent to Albany at once, and that, if necessary, an-170
ABOLITION IN BUFFALO OF
other meeting be held to come to some definite understanding with
the railways upon minor amendments.”
The resolution was unanimously adopted.
- The Hon. D. H. McMillan then said: “If the gauntlet
is thrown down at Albany, I have nothing more to say be-
fore this committee. The battlefield is now changed from
Buffalo to Albany.” And the Hon. E. C. Sprague said:
“I think by next Thursday I would be prepared to come
with authority to favor or oppose the bill,” and it was voted
to adjourn to that day.
On the afternoon of the same day, February 18th, a
meeting of the Joint Committee was held at the Merchants’
Exchange. The proposed bill was read by the secretary.
A very spirited debate followed, and finally it was voted
that the bill be received, and referred back to the sub-com-
mittee with the hope that they would be able to agree with
the railroads before the bill was sent to Albany; and with
full power to act for the Joint Committee.
The Merchants’ Exchange held a meeting February
20th, when a report by the committee of the Exchange was
presented in which the committee requested the endorse-
ment of the Exchange on three points:
First—The immediate presentation of a bill to the State
Legislature.
Second—That the bill provide for the appointment of a
commission with power to adopt plans and enforce them.
Third—That the commission shall be citizens of Buf-
falo.
A resolution embodying these provisions was unani-
mously adopted.
The Business Men’s Association held a meeting on the
evening of the same day, and was addressed by the Hon.
D. H. McMillan. He explained the Buchholz plan in de-
tail, and showed the advantages it would confer upon the
city. He was authorized to say, on behalf of the Vander-
bilt interests, including the New York Central, the West
Shore, the Lake Shore, and the Michigan Central rail-
roads, that the Buchholz plan would be carried out in goodRAILROAD GRADE CROSSINGS.
171
faith, if accepted. This was in accordance with the broad
and liberal policy which had characterized the manage-
ment of the corporation ever since Chauncey M. Depew
became president. The plan proposed embodied as fair,
just, broad and liberal a proposition as any man should ask.
Then he spoke of the proposed bill, one element of
which he would feel called upon to oppose to the end, and
that was, the provision that the commissioners should be
citizens of Buffalo. It was an unjust and an unrighteous
measure. “If,” said he, “the commissioners are citizens of
Buffalo and do their duty fearlessly, with due regard to
the interest of the railroads as well as of the city, they will
be ostracized socially and otherwise, because their friends
and neighbors would charge them with having railroad
money in their pockets. Life would become a burden to
them.” A long discussion followed Mr. McMillan’s plea,
resolutions and counter resolutions were ottered, and the
whole matter was laid over a week.
III. The Amended Clinton Bill.
The adjourned conference of the Joint Committee, and
the Council Committee, with the committee of railroad at-
torneys, was held February 23d, for the purpose of dis-
cussing the provisions of the amended Clinton bill, but the
attention of the committee was skillfully diverted from the
bill by the suggestion of Hon. D. H. McMillan, that before
deciding on a bill the committee should first agree upon
an engineering plan, advocating the Buchholz plan as be-
ing the best. Then he proposed that the city engineers
should meet with the railroad engineers and make a study
of the situation. Then it was suggested that a disinter-
ested engineer be employed on behalf of the Joint Com-
mittee. Then several engineers were suggested. And so
the bill was sidetracked for the time being, and it was
“Resolved, That Engineers Buchholz, Mann, and such other en-
gineers as may be selected by this committee and the railroads, meet172
ABOLITION IN BUFFALO OF
in this city not later than Tuesday next to decide upon a plan for the
consideration of this committee, and that they report as soon as
possible.”
In accordance with that resolution a conference of civil
engineers was arranged for February 28th. There were
then present George E. Mann, city engineer; Edward B.
Guthrie, assistant city engineer; Walter Katte, chief en-
gineer New York Central Railroad; C. W. Buchholz,
chief engineer Erie Railway; James Archibald, chief en-
gineer Lackawanna Railroad; Thomas W. Spencer, in-
spector for the State Railroad Commissioners; and as
special consulting engineers, John Bogart, New York State
Engineer; Henry Flad, chief of the bureau of public
works, St. Louis; George McNulty, expert bridge engi-
neer, New York City; Arthur M. Wellington, editor En-
gineering News, New York.
The board of engineers was organized by the election
of John Bogart as chairman. Mr. Spencer explained in
detail the plan proposed by him for elevating the railroad
tracks at Michigan, Chicago and Louisiana streets, and
for the elevated passenger train house at the New York
Central depot. Mr. Buchholz also explained his plan for
carrying these three streets over the railroad tracks by
viaducts, and the details for a union passenger station for
all railroads entering Buffalo. Thereafter the members of
the board inspected the streets and the railroad crossings,
not only in the Michigan-Exchange Street district, but
throughout the city generally. They occupied several days
in examination, consultation and discussion of the situa-
tion, and prepared a full report of their conclusions and
recommendations, which was submitted to the Joint Com-
mittee and the committee of the Common Council, March
12th.
The Board reported, in substance, that after a careful
consideration of the two plans submitted to them, and
after a personal inspection of the railroads and the streets,
they had arrived at the conclusion that under the existing
conditions the universal elevation of passenger and freight
tracks was impracticable, because of the terminal facilitiesRAILROAD GRADE CROSSINGS.
173
which would be curtailed, and in many cases destroyed by
such elevation of tracks, thus injuriously affecting not only
the interests of the railroads, but also the interests of the
citizens to whom the railroad connections were a necessity.
The Board advised the construction of viaducts to
carry the streets over the railroad tracks in the principal
thoroughfares in low-lying parts of the city; and the con-
struction of subways to take the streets under the railways
in the higher districts where sufficient drainage could be
had; and this to be done by partially raising the railroad
tracks and depressing the streets to pass under them.
For the Michigan-Exchange Street district, where
there was evident necessity for speedy action, the Board
was agreed that the Buchholz plan, in its general features,
would be the best both for the city and the railroad com-
panies, and that it involved no serious sacrifice to any in-
terest of either. The Buchholz plan decreased in several
ways objections which before its submission, were justly
regarded as very serious, against carrying the streets over
the tracks. The grades of the approaches were much
easier than had hitherto been proposed or contemplated,
and as they were planned for the full width of the streets
as they then were, with an enlargement of the street along-
side of them, to enable the traffic to pass around them it
necessary, they seemed a most admirable provision in all
respects for the requirements, and would be superior to
any works of the kind in the United States. The general
arrangement proposed by Mr. Buchholz to accommodate
all the passenger traffic of the roads entering Buffalo, and
the development of the tracks into a grand union station,
was highly advantageous to all interests and was particu-
larly approved by the Board.
A long discussion followed the reading of the report.
There were still a few who thought that the inconveniences
caused by carrying the streets by viaducts above the rail-
roads would more than offset the advantages to be derived
from a union passenger station, and they hesitated to ap-
prove the Buchholz plan; but finally the following was
unanimously adopted:174
ABOLITION IN BUFFALO OF
Resolved, That the report of the board of engineers, that ha*
been read by the secretary, be approved by the Joint Committee; and
that the sub-committee on legislation be instructed to prepare a bill
to carry the same into effect, and to be sent to the Legislature at
once; and the sub-committee is requested to embrace in the bill a
provision that in case of a failure of the railroad companies to carry
out the proposed plan, the commissioners named in the bill shall have
power to adopt a plan and enforce it.
Immediate action was taken by the sub-committee on
legislation, and the committee of the Common Council, to
modify their bill to meet the new conditions. Attorney
Spencer Clinton prepared a new draft. The committee met
on the evening of March 12th, considered and agreed upon
an amended bill entitled “An Act to provide for the relief
of the city of Buffalo, and to change and regulate the
crossing of the streets, avenues and public grounds in said
city of Buffalo/’ The bill provided for the appointment of
a number of commissioners, citizens of Buffalo, to be
named in the bill, to serve for a term of five years; vacan-
cies to be filled by the Governor. The commissioners could
agree with the railroads upon the general plan recom-
mended by the commission of engineers held at Buffalo,
Feb. 28, 1888, and the agreement so made would be bind-
ing upon the city. The general plan referred to was the
Buchholz plan as modified, amplified and extended in the
report of the engineers. The commissioners could by
agreement with the railroads, adopt plans for carrying
into effect the said general plan. They could enforce the
execution of the plans adopted by them. The commis-
sioners, in case they were unable to agree with the rail-
roads upon the aforesaid general plan, recommended by
the commission of engineers, could adopt such plans, gen-
eral and detailed, as might be necessary to carry out the
purpose of the Act as declared by its title.
Before adopting any plan, general or detailed, notice
of such intention was to be given to the city, the railroads
and any interested parties, and they were to be heard in oppo-
sition thereto or in respect to any proposed change therein.
After such hearing the commissioners would make a detailedRAILROAD GRADE CROSSINGS.
175
report of the plan adopted by them, and file the same with
the clerk of Erie County. The commissioners, in case they
could not agree with the railroads upon the apportionment
of the expense between the city and the railroads, would
apply to the Supreme Court for the appointment of three
commissioners, by mandamus proceedings, could compel
the doing of the work, and the railroad failing to comply
would forfeit to the city treasury one thousand dollars for
each week’s delay in beginning the work. The commis-
sioners were to receive no compensation.
On the following day, March 13th, the sub-committees
met the railroad attorneys to discuss the proposed bill. There
were present R. B. Adam, Spencer Clinton, R. R. Hefford,
John N. Scatcherd, Aldermen Kendall, Summers and Scheu,
Corporation Counsel Worthington, City Engineer Mann, E.
C. Sprague, attorney for the Erie Railway, and D. H. Mc-
Millan, attorney for the New York Central Railroad. Mr.
McMillan said that after consultation with the representa-
tives of the railroads they had concluded to present for con-
sideration a bill which they had prepared. This bill ap-
pointed the Mayor, the comptroller and treasurer of the city
a commission authorized to enter into a contract on behalf
of the city with the railroads to carry into execution the
modified Buchholz plan; it provided that the work be done
to the approval of the city engineer, and required the rail-
roads to give bonds in fifty thousand dollars for the faithful
performance of their part of the contract; it provided that
if the commissioners and the railroads could not agree upon
the division of the expense, the Supreme Court would appoint
three citizens to make the apportionment; it provided that
if the contracts were not entered into by the railroads the
city might apply to the Supreme Court for a commission of
seven citizens of the State with authority to abate the grade
crossings evil, and who would receive compensation for
their labors; and these provisions were followed by that
portion of Mr. Clinton’s bill which provided how such a
commission would proceed.
Mr. Sprague objected to several of the provisions of Mr.
Clinton’s bill. He objected to the naming of citizens of176
ABOLITION IN BUFFALO OF
Buffalo as commissioners; objected to the giving the com-
missioners the power to adopt a plan. Said he: “The first
and third sections together constitute a commission with
such powers as, in our opinion, were never vested before in
a commission in a civilized community.” He objected to
the authority to decide when portions of the work under the
plan adopted must be begun and when finished; objected to
the penalty imposed upon the railroads which failed to com-
ply with the decision of the commissioners.
The main objection lay in the naming in the bill citizens
of Buffalo as the commissioners. “That,” said Mr. Clinton,
in his reply, “that seems to be the whole question in a nut-
shell, and it demonstrates that, at least upon the part of the
counsel of the railroad companies, they have something
stronger than a lingering fear that the Buchholz plan will
never be carried out, and therefore they don’t want this com-
mission clothed with power to obviate this evil. I submit it
is only fair that we nominate a commission out of our own
citizens, who have the question at heart, to have it decided
readily, to have power to carry out the general plan if the
railroads back down from the Buchholz plan. That is a
proposition which I think as an ordinary business man is a
fair one to make to them. The railroads suggest this Buch-
holz plan as a fair one, and they are ready and willing to
carry it out. Very well; we have said on behalf of the city
of Buffalo that we are ready and willing, and then if the
railroads do not carry out this agreement we shall have the
power in the city to adopt and carry out a plan.”
There followed a discussion upon various sections of the
bill which continued through the afternoon and evening
without intermission, and after many hours spent in de-
bating, altering and amending, it was agreed by both parties
to have Mr. Clinton’s bill, as it had been amended, go to
Albany at once to be placed upon the calendar, March 15th
being the last day it could go on and be sure of attention at
that session of the Legislature.
The bill was taken to Albany March 14th by Peter J.
Ferris, secretary of the Joint Committee, and was introduced
the following day, simultaneously in the Senate by Hon.RAILROAD GRADE CROSSINGS.
177
John Laughlin, and in the Assembly by Hon. William F.
Sheehan.
Briefly stated, the provisions of the bill as introduced
were as follows;
Section i. Robert B. Adam, Christian Klinck, Robert
R. Hefford, Philo D. Beard, and James M. Smith were ap-
pointed commissioners to enter into contracts on behalf of
the city of Buffalo with the railroad companies for the relief
of the city upon the plan recommended by the commission
of engineers, Feb. 28, 1888; or upon any modification that
might be agreed upon.
Section 2. Detailed plans of the work to be prepared.
Section 3. In case the railroads and the commissioners
could not agree upon the apportionment of cost, the Supreme
Court would appoint three commissioners to make such
apportionment. The same commissioners shall have power
to change the grade or to close any street where necessary
to carry out the plan.
Section 4. Along with the contract provided for in
Section 1, a bond was to be executed by the railroads in the
sum of $50,000, for the faithful performance of the work,
to be done subject to the approval of the city engineer.
Section 5. If within three months from the passage of
the Act the railroads had declined or refused to enter into
the contract, the city could apply to the Supreme Court for
the appointment of five disinterested persons of whom at
least two would be citizens of Buffalo, as a commission to
change and regulate the railroad crossings.
Section 6. Proceedings for the adoption of detail plans
to carry out the general plan referred to in Section 1.
Section 7. Proceedings for the adoption of a general
plan in case of failure to agree upon the plan recommended
by the commission of engineers.
Section 8. Proceedings for altering or modifying any
plan after its adoption.
Section 9. Proceedings for determining the apportion-
ment of cost.
Section 10. Proceedings to compel the doing of the
work by action of mandamus, and the forfeiture by any rail-178
ABOLITION IN BUFFALO OF
road to the city treasury of one thousand dollars for each
week of delay after the time named by the commissioners
for the work to be begun. Should the railroads neglect to
do the work, the commissioners were given power to do it
and recover the cost from the railroads.
Section n. Contracts to be let by the Common Council
to the lowest responsible bidder.
Section 12. Awards for lands taken and for damages
to property, to be made by three commissioners appointed
by the Supreme Court.
Section 13. Proceedings to apportion such awards be-
tween the city and the railroads.
Section 14. Provided for an appeal from awards under
Section 12.
Section 15. Expenses of the commission to be paid by
the city. The commissioners to receive $20 per day while in
the actual discharge of their duties.
Section 16. Empowered the city to issue bonds to pay
for its share of the work.
Section 17. Limited the Act to railroads operated by
steam.
Section 18. Act to take effect immediately.
Quite a little feeling was excited by a letter from Mr.
John O'Connor, Commissioner of Public Buildings, pub-
lished in the Buffalo Times, March 18th, calling attention
to the fact that no Irishman has been named as one of the
Grade Crossings Commissioners. It was explained by mem-
bers of the committee on legislation' that the subject of
nationality had never entered into the question at all. No
one had thought of such a thing, as being partial to any
nationality. They had selected two members of the Joint
Committee, two reputable business men, and one lawyer of
acknowledged ability. The bill, however, was delayed in
the Assembly committee on cities until some impatience
began to find expression in the newspapers, and in reply to
a dispatch from E. H. Butler, editor of the News, Mr.
Sheehan replied, March 23d, “Bill will be reported next
week. There will be some changes in the commission."
A despatch to the Commercial dated New York, MarchRAILROAD GRADE CROSSINGS.	179
21 st, said that a meeting of the representatives of the sev-
eral roads interested in the grade crossings matter was held
there that day. The consultation was exceedingly satisfac-
tory, and it looked as if nothing could arise to prevent the
carrying out of the Buchholz plan.
A public hearing before the Assembly committee on cities
upon the Grade Crossings bill was set for March 27th, at
Albany. The following gentlemen appeared as a delega-
tion from Buffalo: Spencer Clinton, J. N. Scatcherd, R. B.
Adam, Frederick Kendall, O. S. Laycock, George E. Mann,
W. J. Morgan, George Sandrock, E. T. Betts, James Bo-
land, R. R. Hefford, C. W. Hammond, S. D. Colie, P. J.
Ferris, W. W. Sloan, A. W. Voltz, S. F. Sherman. The
railroad companies were represented by Hon. D. H. Mc-
Millan and Hon. E. Carlton Sprague.
A preliminary meeting of the Joint Committee present
was held at the Delavan House in the forenoon, and it was
decided to present several amendments to the bill before the
Assembly committee. The most important were the follow-
ing : To strike out in Section 3, the requirement of a bond
for $50,000 from the railroads for the faithful performance
of a contract; to strike out the clause in Section 10, requir-
ing the forfeiture by the railroad of $1,000 a week for delay
in beginning to do the work; to strike out the provision for
the payment of $20 a day to the commissioners while in the
active discharge of their duties, and provide that they serve
without compensation. These amendments were subse-
quently presented and approved at the Assembly committee
hearing. Other sections were amended in committee, the
following being the important changes:
The commissioners named in Section 1 were changed to
R. B. Adam, William Summers, Frederick Kendall, George
Sandrock, James M. Smith. In Section 3, the provision
giving to the Court Commissioners power to change the
grade of and to close streets was stricken out, and that
authority conferred upon the city. In Section 5, the time
for agreement was extended to six months. Further
changes were made in the names of the commissioners while
the bill was before the Assembly, and when finally passed180
ABOLITION IN BUFFALO OF
they were as follows: R. B. Adam, John B. Weber, Fred-
erick Kendall, George Sandrock, James E. Nunan, William
J. Morgan, Solomon Scheu, James M. Smith, Edward H.
Butler.
When the bill was reported to the Senate, April 17th,
Senator Laughlin asked that it be referred to the Judiciary
committee for amendment. It then transpired that objection
had been made to the name of James M. Smith as a com-
missioner, and after a hearing at which the Joint Committee
defended his appointment, claiming that the city was entitled
to demand that it receive the benefit of Judge Smith’s ser-
vices and experience, and the railroads claimed the right of
objection to any particular man, so long as they did not
undertake to dictate who should be appointed, just as they
would be allowed to object to a juror, if the case was tried
before a court of justice. The Judiciary Committee took
the same view of the matter as was claimed by the railroad
attorneys, and the name of Charles A. Sweet was substituted
for that of Judge Smith. A further amendment was made
to the effect that any six of the nine commissioners could
make a contract.
The amended grade crossings bill passed the Senate May
4th, and was signed by Gov. Hill May 22, 1888.
IV. Collapse of the Terminal Company Project.
The first meeting of the Grade Crossings Commissioners
was held in the committee room of the Merchants’ Exchange,
May 31, 1888. All the members were present with the ex-
ception of John B. Weber, who was in Washington as a
Member of Congress.
The commissioners organized by electing R. B. Adam,
chairman, and William J. Morgan, secretary. On motion
the chairman and secretary were directed to inform the
several railroad companies interested that the commissioners
were ready to enter into a contract to carry into executionRAILROAD GRADE CROSSINGS.
181
the plan of terminal improvements recommended by the
board of engineers, Feb. 28, 1888.
On May 31st a meeting of the railroads interested in the
Buffalo grade crossings was held at the office of President
Depew, in the Grand Central depot. New York; and a com-
mittee, consisting of Mr. Toucey and Mr. Gatchell of the
Western New York & Pennsylvania, was appointed to
formulate a plan of organization to carry the proposed im-
provement into effect.
Another month passed, and complaints began to be made
of the slowness of the railroads in organizing a proposed
Terminal Company. In a published interview Hon. D. H.
McMillan said that the progress being made was all that
could be expected. The public should not be impatient.
The union depot was assured. It must come, and when
built would be a source of profit to all concerned.
It was reported in the newspapers, July 4th, that a map
was being made of the premises involved showing the prop-
erty owned by the railroads, which they proposed to con-
tribute in exchange for stock in the proposed Union Terminal
Company. The value of these properties would be appraised,
also the value of the property not owned by the railroads but
required for the construction of the union depots. Engineers
would make estimates of the cost of the improvements.
Then upon these data would be formed the basis of capitali-
zation for the Union Terminal Company.
At a meeting of the Grade Crossings Commissioners,
held July nth, a preamble and resolutions, based upon
belief that the railroads were maturing plans for the union
depots, were adopted; suggesting that the engineers should
be preparing plans for the crossings not included in the ter-
ritory covered by the terminals, and asking the railroads to
cooperate with the city engineer.
So much dissatisfaction was being expressed over the
very slow progress made by the railroads that a meeting
of the Joint Committee was called August 3d. It was still
believed that the railroads were sincerely trying to organize
a union terminal company, but a resolution was adopted
earnestly requesting their cooperation in preparing plans for182
ABOLITION IN BUFFALO OF
the crossings outside the territory to be occupied by the
proposed union terminals.
The Grade Crossings Commissioners met August 22d,
and as no replies had been received from the railroads to the
requests made July nth, it was voted that the chairman and
secretary personally visit the officials of the railroads and
urge immediate action. As to the Terminal Company, it
was said that difficult questions had been raised as to whether
the general mortgages on the properties of the railroads
could be released, and if not, it was doubtful whether the
bonds of the new company could be floated subject to the
mortgages. Already the project began to look doubtful.
The Corporation Counsel was asked to define the powers
and duties of the commission and report in one week.
August 29th his opinion was given that the commissioners
could direct the City Engineer to prepare the required plans
without waiting for the cooperation of the railroad en-
gineers ; whereupon a resolution was adopted, and sent to
all the railroads, again asking cooperation, but notifying
them that at the end of ten days the City Engineer would be
directed to begin the preparation of such plans.
At a meeting of the Grade Crossings Commissioners,
held September 26th, the chairman and secretary reported
that on the 20th they had a conference, in New York City,
with President Depew, Chief Engineer Katte, and D. H.
McMillan, attorney; and they were told by Mr. Depew that
the Central Railroad meant to go forward with the improve-
ment in Buffalo; that at the last meeting of the executive
board the matter was discussed and the opinion was ex-
pressed that each railroad should go on and do its share of
the work, but he did not think that idea would prevail. He
felt confident that the Terminal Company would be formed.
Mr. McMillan had been instructed to draw the charter for
the Terminal Company, and Mr. Katte to make plans for
the new terminals. The full board of Central directors
would meet the following week to consider and decide the
matter. President Depew and Chief Engineer Katte would
be in Buffalo the first week in October to meet the commis-
sioners.RAILROAD GRADE CROSSINGS.	183
President King of the Erie Railroad was also inter-
viewed, but while he said that the executive committee of
the Erie would be willing to go into a terminal company, the
doing so was conditioned upon not being called upon to raise
any money, and also conditioned upon the Trusts holding
their mortgages agreeing to take the bonds of the Ter-
minal Company and release the property taken by that com-
pany.
October 4th a conference was held at the Merchants' Ex-
change between the Grade Crossings Commissioners and
officials of the New York Central Railroad. There were
present R. B. Adam*, W. J. Morgan, James E. Nunan,
Frederick Kendall, George Sandrock, John B. Weber, E. H.
Butler and Solomon Scheu, commissioners; Spencer Clinton,
attorney, and George E. Mann, engineer; Cornelius Van-
derbilt, chairman of the executive board of the New York
Central Railroad Company; Chauncey M. Depew, president;
H. J. Hayden, second vice-president; C. C. Clark, third vice-
president; J. M. Toucey, general manager; Walter Katte,
chief engineer, and D. H. McMillan, attorney. The public
interest in this conference was evidenced by the number of
citizens who crowded the large committee rooms. It was
hoped that the actual formation of the Union Terminal Com-
pany would be declared. It was feared that the rumors
which had recently been heard might mean further delay. It
was not expected that the scheme for a terminal company
had been abandoned—but the unexpected happened, and the
hope of realizing a grand union passenger station and freight
depot in Buffalo vanished in that hour. The attempt to
unite the railroads in a terminal company had failed and had
been abandoned by the New York Central Company. Presi-
dent Depew said: “This matter never has yet been brought
before the board of directors for action and passed upon.
We have no doubt what the board will do when the matter
is presented. .	.	. The Central will desire to do its own
part by itself so far as its own tracks are concerned, and take
care of its own terminals as far as those accommodations
are concerned. ... We are ready to agree with the
commissioners and begin work. We do not care for a union184
ABOLITION IN BUFFALO OF
depot for freight or passengers. We think it would be very
much better for us in the end, as well as for the city, that
that feature be eliminated.”
Chairman Adam said: “We have never until today had
any intimation of any abandonment of the Buchholz plan.”
President Depew replied: “There are almost insuperable
difficulties in the formation of a terminal company.”
Chairman Adam said, inquiringly : “Then it is aban-
doned ?”
President Depew replied promptly and with firmness:
“Yes, sir.”
Hon. D. H. McMillan said, by way of explanation:
“The chairman of your commission knows that about three
weeks ago instructions were given me to draft a charter for
the proposed terminal company. I have busied myself with
that task from that day to the present time. I have listened
to the arguments, the excuses and pretexts for delay made
by the representativs of the roads that were expected to unite
in the terminal company. The Central has tried to meet
these other roads fairly, but the latter have made such de-
mands and put such obstacles in the way that it has been
found impossible to organize such a company.”
Engineer Katte was asked if he had formed any plan and
he replied that he would follow substantially the plan recom-
mended by the board of engineers.
After the adjournment of the conference, interviews
with the attorneys of the Central and the Erie railroads were
published in the newspapers. Mr. McMillan said: “I found
that the Erie people did not want to go into the terminal
company if it would cost much money. They would not go
into it unless they could be guaranteed that their annual
fixed charges in Buffalo would not be increased more thafi
twenty thousand dollars. They would not go into it unless
they could have as much say in the management as any other
interest. Furthermore, they could not release their property
from the mortgages upon it—meaning the property which
they were to put into the terminal company. In putting in
that property they desired it to be taken at its full value and
that stock to the full amount of the value should be appor-
tioned to the Erie road without the release of the mortgage.”RAILROAD GRADE CROSSINGS.
185
Mr. E. Carleton Sprague said: “I have for some time
thought that while it is comparatively easy for non-com-
peting roads to occupy the same terminal station, it is a very
difficult problem for closely competing roads. It has been
my opinion for some time that the Central road would not
go into this terminal project unless it had a controlling voice
and interest in the management of the station and its ap-
proaches ; and that no other road could afford to occupy a
station in the management of which it had not an equal
voice.” Then he added: “Other difficulties, financial and
otherwise, have arisen.”
The ultimate failure of this attempt to organize a terminal
company was probably due to a combination of difficulties,
largely financial in their character, but in which the rival
interests, ambitions and jealousies of rival railroads, com-
petitors for the same traffic, held and exercised the con-
trolling influence.1
i. Mr. Adam’s Historical Society paper already quoted from has the fol-
lowing account of this episode:
“One day in the first week of October the officials of the New York Central
Railroad came to Buffalo on a tour of inspection. I was telegraphed to meet
them at the depot and was taken to the president’s private car where I met
Cornelius Vanderbilt, chairman of the executive board; Chauncey M. Depew,
president of the company; C. C. Clarke, first vice-president; H. J. Hayden,
third vice-president; J. M. Toucey, general manager; Walter Katte, chief
engineer. Mr. Depew spoke for the New York Central Company, and said that
they had found it to be impossible to form a union terminal company on lines
which they could agree to, and that the Central was ready and willing to nego-
tiate with the commissioners for the abolishing of grade crossings so far as
their own tracks were concerned, but they would not any further consider a
union depot. Of course I felt disappointed, but I cannot say that I was taken
by surprise. The officials were going east to Syracuse and would return to
Buffalo the day following. I made an appointment with them to meet the
Joint Committee at the Merchants’ Exchange October 4th, in the afternoon. I
said not a word to anybody about what I had been told. I was determined I
would not be the first to break the news which was to bring such sore disap-
pointment to the citizens of Buffalo.
“When I met President Depew on the morning of the 4th he expressed dis-
appointment that no mention of what passed at our previous meeting had been
made in the newspapers. They had looked for it, but I told him he must de-
liver the evil tidings himself. The committee rooms of the Merchants’ Ex-
change were crowded that afternoon when the officials of the railroad arrived.
After a few personal introductions and some prefatory words I said:	‘We
will now hear from the president of the New York Central Railroad.*
“Mr. Depew arose, and in a hesitating sort of a way, as though he had an
unpleasant piece of news to break, spoke of the disposition of the company to
comply, as far as possible, with the wishes of the city; said they were pre-
pared to instruct their engineer to meet the engineer of the city to provide
plans for relief, said they were ready and willing to proceed at once to an
agreement and as fast as possible to the completion of the work. ‘I speak only
for the New York Central,’ he said, and then added slowly, with deliberation
in every word, which, as he uttered them, fell upon the commissioners, and
upon the audience, like a thunder-clap: ‘The Central will desire to do its own
part by itself, as far as its own tracks are concerned, and take care of its own
terminals, as far as those accommodations are concerned.* And he sat down,
having said not a word about the Buchholz plan or the union passenger station.186
ABOLITION IN BUFFALO OF
V. Progress Under Difficulties.
Great was the disappointment under the loss of the grand
union passenger and freight depots, but as the abolition of
grade crossings was the main purpose for which the com-
missioners were appointed they resolved not to relinquish
their determination to accomplish that object. They, there-
fore, decided to have a consultation between Engineers
Katte and Mann upon plans for a contract with the New
York Central Railroad, and sent the following letter to the
officials of the other railroads:
Buffalo, October 5, 1888.
Dear Sir: You are hereby notified that the officers of the New
York Central Railroad Company have informed this commission that
owing to obstacles deemed insurmountable, the Terminal Improve-
ment Company project for the abatement of the grade crossings evil
and the construction of union passenger and freight stations in this
city, has been abandoned. This commission is now negotiating a
contract with the New York Central for the abatement of the grade
crossings evil, so far as its tracks are concerned. This commission
is now ready to negotiate with your company, and it urges imme-
diate action on your part, as the six months limitation in which it is
authorized to act is drawing to a close. The statute creating this
commission provides that if no contract is entered into within six
months, the city of Buffalo may apply to the Supreme Court for the
appointment of a commission that shall have power to abate the
grade crossings evil, with or without the consent of the railroad
companies. If a contract is not entered into with your company by
the expiration of the six months the Supreme Court will immediately
be asked to appoint a second commission.
An immediate answer is earnestly requested.
R. B. Adam, Chairman.
W. J. Morgan, Secretary.
“I was bound to draw out their decision upon that matter, and began my
reply by detailing the occurrences of the preceding eight or nine months in re-
lation to the union depot project, and concluded by saying that the statement
of President Depew that he spoke only for the Central did not cover that
larger question; we had been expecting all along that the terminal company
would be formed, and the commissioners would like to hear more definitely
about that matter. Mr. Depew began his reply by fencing a little with the
provisions of the act: the commissioners had power to agree with one, or any,
or all of the companies upon a plan known as the Buchnolz plan and to make
such modifications as to detail as in their judgment seemed wise. What might
be the views of the other companies he did not know, but he did know what
their own views were:	‘We do not care for a union depot for passengers or for
freight. We think it would be very much better for us in the end, as well as
for the city, that that feature should be eliminated/ ”RAILROAD GRADE CROSSINGS.
187
October 16th, Engineer Mann reported to the commis-
sioners upon his discussion of plans with Engineer Katte,
when he had found that certain sketch plans for grades of
the New York Central tracks had been made by Mr. Katte,
which varied from the grades in the Buchholz plan; and the
question immediately arose to to whether the commissioners
could agree to any such changes. The matter was referred
to counsel, and Mr. Clinton advised as follows:
“The Act was originally drawn upon the idea that the
report of the commission of engineers would be the plan that
would be-accepted in solving these difficulties, and therefore
in the Act itself it was stated that you are authorized to
make a contract with different companies upon that plan,
identifying it as the plan recommended by the commission
of engineers and now on file in the Engineer’s office. You
are therefore authorized to make no contract with any com-
pany or companies except such as are embodied in that plan.
That is subject, however, to this modification: It goes almost
without saying that the Legislature could not force a rail-
road company, nor the city, to make any contract, or do any
act, which they did not see fit to do in regard to their own
property; and therefore, so far as this plan of the engineers
recommends the railroad companies to do certain things in
reference to their own property, they may do it, or not do it,
exactly as they see fit, and to that extent any contract that
you could make with the companies would be subject to the
modification that you could not require the railroad com-
panies to make any disposition of their property except such
as they thought would suit their own convenience. To that
extent you would undoubtedly be permitted to depart from
the plan of the engineers, and no further. That is a modifi-
cation by necessity, and not otherwise.”
Query: “In how far would we be justified in departing
from the Buchholz plan ?”
Mr. Clinton replied: “Only so far as you are compelled
to depart from it owing to the abandonment by the railroads
of this feature of united terminal facilities for passengers
and freight.”188
ABOLITION IN BUFFALO OF
Therefore it was then voted that Engineer Mann be re-
quested to prepare plans for all crossings strictly in accord-
ance with the plans presented in the report of the commis-
sion of engineers as required by the Act; and that Attorney
Clinton be requested to draw up contracts with each railroad
company interested, based on such plans. November 12th
the plans were approved and ordered filed in the office of the
City Engineer. The contracts were read, approved, signed,
and ordered delivered in person to the presidents of the rail-
road companies. And the contracts were duly delivered.
The contract with the Lehigh Valley Railroad Company
was subsequently amended and signed under date of Nov.
22, 1888, exactly six months from the day the Act took effect.
No change was made in the grades of that railroad other
than a slight raising of the tracks at the crossing of Michi-
gan Street. At that time all the passenger trains of the
Lehigh Valley road entered the Erie depot, and only local
freight trains ran over the grade crossings at Louisiana,
Chicago and Michigan streets.
November 22d, a consultation was held, over the terms
and plans of the contract with the New York Central Com-
pany, between the commissioners and Vice-President Hay-
den, General Counsel Loomis, Engineer Katte and Attorney
D. H. McMillan.
At a meeting held November 25th, the death of Hon.
Solomon Scheu, two days previous, was reported, and the
commission adopted the following
MEMORIAL.
The members of this commission have learned with deep regret
of the death of our associate, the Honorable Solomon Scheu, who
has been taken away from the scenes of life’s activities after but a
few days’ illness. We especially regret his untimely taking away
from the councils of this commission before the full fruition of our
labors to the present promising condition, of which his extended ex-
perience, wise judgment and sagacious counsel have contributed so
largely. In the death of Mr. Scheu our city has lost one of its most
eminent and public-spirited citizens, and the members of this com-
mission join in the general sorrow of this community, and extend
to the family of* the deceased our sincere sympathy and condolence.RAILROAD GRADE CROSSINGS.
189
At the same meeting Mr. Clinton reported that the
amended contract had been approved, signed and forwarded
to President Depew. The following letter from S. M. Felton,
Jr., First Vice-President of the Erie Railroad, was read:
New York, November 22, 1888.
Mr. Robert B. Adam, and the Other Commissioners:
Gentlemen:	We have examined the contract dated the 12th
November inst. between yourselves and the New York, Lake Erie &
Western Railroad Company, signed by you. We understand that the
project of the Union Terminal Company and a union station has
been abandoned, and we are advised that the contract as drawn is
probably not within the powers of the commission, not being re-
stricted as required by the first section of the Act of May 22, 1888.
It seems obvious that the union station being abandoned, it will
be for the interests of all parties to arrange grade crossings in a
manner differing very largely from the plans as filed in the office of
the City Engineer. We are informed that this is the opinion of that
officer. It is, therefore, unnecessary to discuss the merits of the
contracts drawn.
We shall be glad to enter into negotiations with the commission
and the other railroad companies interested, for the purpose of arriv-
ing at plans, which will be for the best interests of the city and the
companies, which will be within the present or future powers of the
commissioners, and within the financial ability of this company.
Yours very respectfully,
(Signed)	S. M. Felton, Jr.,
First Vice-President.
The letter was received and filed, and no action taken
thereon.
At a meeting held December 15th, the chairman of the
commissioners reported that although the contract had been
sent to President Depew, according to agreement on Novem-
ber 22d; a letter asking attention to the matter December
1st, and a second letter December 8th, no reply having been
received, the meeting had been called to consider whether the
time had not now come for requesting the city to apply to
the Supreme Court for the appointment of five commis-
sioners having the enlarged powers provided for in Section 5
of the Grade Crossings Act, and giving his own judgment
that such application should be made forthwith. A majority190
ABOLITION IN BUFFALO OF
of the five commissioners present were in full accord with
the suggestion, but it was deemed unwise to take such im-
portant action without a full attendance, and in the absence
of the attorney, an adjournment was made to as early a day
as could bring all the commissioners together; and that the
object of the adjourned meeting be announced to take steps
to bring the matter before the officials of the city. After the
meeting had adjourned the following letter was received:
New York, December 14, 1888.
Mr. Spencer Clinton:
Dear Sir: Your letter of Dec. 3d, reached me when confined
to my house by my accident, but I referred it immediately to Mr.
Loomis with directions to prepare a contract expressing our views,
which would be in effect a modification of the one prepared by you.
Mr. Loomis has been extremely busy trying cases, but promised me
yesterday he would have the contract ready for me tomorrow, so
that by the first of the week I hope to have it in your possession.
Yours very truly,
(Signed)	Chauncey M. Depew.
Consequently the adjourned meeting was delayed, pend-
ing the arrival of the Central contract. Another week
passed, and the contract had not been received. At a meet-
ing of the Buffalo Lumber Exchange, December 22d, the
following was adopted:
Resolved, That the Lumber Exchange is much disappointed that
a contract has not been entered into with the different roads based
on the Buchholz plan for the relief from grade crossings, and giving
the city the privileges of a grand union passenger and freight station.
Resolved, That all reasonable time has been allowed for the
making of these contracts.
Resolved, That the city authorities and the commissioners be
urged to proceed under the second part of the bill passed May 22,
1888, and ask the proper court to appoint the commission of five to
carry out the provisions of said bill.
Resolved, That the continued delay in obtaining the relief from
the dangers of grade crossings necessitates that some immediate
action be taken by the city, to temporarily prevent the unwarrantable
use of the streets for switching purposes until more permanent plans
are arranged for.RAILROAD GRADE CROSSINGS.
191
The daily press took up the complaint, and on December
24th the editor of the Commercial said:
“The action of the Lumber Exchange fairly represents public
sentiment in Buffalo at the present time. The people are tired of
the interminable delay on the part of the railroads. For months
a union terminal company was all the talk of the railroad managers;
it was only a question of time for an agreement as to details. But
the details were never agreed to, and then came the surprising and
disappointing announcement that a terminal company was an im-
possibility. Next the public were assured that the Central system
would make a separate contract. Negotiations were begun on that
line. Contracts were drawn by the commissioners. They were not
satisfactory, and the whole matter was talked over; some conces-
sions were made, and another contract was drawn. That was not
satisfactory, and after another tiresome wait, we hear that the Cen-
tral’s chief attorney is drawing up a new contract. But it has not
arrived.
“And so it has been from the first; one delay and then another
until we reach the conclusion arrived at by the Lumber Exchange,
namely, that the railroads do not intend to do anything. The proper
thing, therefore, is for the city to go to the Supreme Court and ask
for the appointment of the second commission. It will have power
to enforce action upon the railroads. It is useless to delay any
longer.”
But on the first day of January, 1889, not one contract,
but drafts of two new contracts, drawn by General Counsel
Loomis, were delivered to the chairman of the Grade Cross-
ings Commission. Accompanying the contracts was a letter
from President Depew:
New York, Dec. 29, 1888.
Hon. Spencer Clinton,
Dear Sir: Herewith are two proposed contracts drawn as be-
tween the commissioners and the New York Central & Hudson
River Railroad Company. I regret very much that it has not been
possible to send them before for your consideration and that of the
commission.
Both contracts were prepared by Mr. Loomis; the one marked
“No. 1” having been just prepared by him and submitted and con-
sidered at a meeting of Vice-President Clarke, Mr. Loomis and
myself; and the one marked “No. 2” having been prepared in con-
sequence of the discussion of No. 1, and considered by us today.
You will observe that an agreement upon plans for the “Belt
Line” is omitted. We make the omission for the reason that the192
ABOLITION IN BUFFALO OF
Belt Line was not under consideration in the interviews and dis-
cussions that led to the passage of the Act, nor had in mind by the
Legislature in passing the Act, nor referred to in the Act expressly
or by implication.
We feel that an agreement upon these plans for the Belt Line
would be followed so soon by requirements for their execution, and
be so great an increase to the burden the company is willing to take
upon itself in the execution of the plan as modified in detail, that
the Belt Line improvement ought not now be insisted upon, but left
to the future.
You will also observe that in the matter of the cost of work
outside of the exterior lines of railroad property the contracts we
send provide for the bearing of one half of such cost by the railroad
companies and one half by the city. Our original thought and in-
tention on this subject was that the railroad companies should not
be called upon to bear any portion of the expense of work done
outside of exterior lines of railroad property, but that the city
should be at the whole of that expense, as of any public improve-
ment, the railroad companies necessarily contributing a large pro-
portion, as assessed upon their respective properties; and we agree
to pay one half of this expense as a concession—so far as we can
go—toward the opinion of the commissioners in that behalf.
You will also notice other departures in the contracts sent to
you from the one submitted by you.
The matter seems to be one of considerable difficulty and in-
tricacy under the Act, and to accomplish its object by reason of the
number of railroad companies concerned; the contiguity and con-
nection of their tracks with each other; and the practical impos-
sibility of beginning and carrying out the work except as a whole.
Mr. Loomis is of the opinion that the contract marked No. i
has been drawn more nearly in accordance with the Act and to
effectuate its purpose than the contract marked No. 2.
It is our earnest desire to make progress in the matter and we
are willing to execute either contract. It seems to us quite likely
that the matter will require some further discussion after a con-
sideration of the contracts now sent, and we shall be pleased in
that event, if it will suit your convenience for you to come to New
York, because, as the counsel and representative of the commission,
a better understanding of the points of difference, if any, before
final determination may be arrived at, at an interview with you
rather than by a conference with the whole commission.
Very truly yours,
(Signed)	Chauncey M. Depew,
President.RAILROAD GRADE CROSSINGS.
193
Both contracts were printed in full in the daily papers
and reporters sought the opinion of citizens thereon. The
question most in interest was the apportionment of the cost
of the approaches* and here follow a few opinions, as pub-
lished :
John Greiner: I don’t see why the city should pay any-
thing.
P. P. Pratt: The city should get the best bargain it can.
D. E. Brown: We should hold strictly to what the com-
missioners propose.
D.	C. Beard: The railroads should pay every cent.
E.	B. Pratt: Satisfied to accept the judgment of the
commissioners.
Henry Altman: Meet the railroads half way.
J. N. Adam: The city should not pay a cent.
Henry Gregg: Make the best terms possible.
A. B. Crandall: Do what is fair to both parties.
Robert Matheson: City should pay one fourth of ap-
proaches.
H. Canfield: Divide the expense equally.
George W. Stacy: Make the railroads pay all the ex-
pense.
Solomon Block: Railroads should pay 75 per cent.
George Rice: Get the best possible terms for the city.
A. P. Wright: Sustain the opinion of the commissioners.
VI. Complications—A Call for Compulsion.
For some time previous to January, 1889, the meetings
of the Grade Crossings Commissioners for the discussion of
the detail plans and terms of the contract with the Central
Railroad were executive sessions. Reporters were not pres-
ent. This was made the occasion for sharp criticism in some
of the newspapers. The editor of the Courier said, in the
issue of January 6th:
“What good end is served by thus keeping the public from the
knowledge of public affairs? The commissioners are acting as the194
ABOLITION IN BUFFALO OF
agents of the community and it would seem to be self-evident that
the principals in the transaction, who are the public, have a just right
to know what their agents are doing. It may be taken for granted
that the commissioners wish to do only what the public will approve;
but how can the public form a judgment upon that which is kept in
concealment? It is much to be hoped that hereafter the business of
the public may be done in the view of the public.”
In reply the editor of the Commercial said:
“This demand of the Courier’s is similar to that made upon the
generals in the late war. ‘The public is chiefly interested in the
result and the public is entitled to know what is going on/ shouted
the metropolitan press. Correspondents were sent to the front, the
position and movements of the several armies reported in detail,
and the plans of the generals were in large degree given to the
public, with the result that whenever a move was made by the
Union troops the enemy was always prepared to meet it.
The Grade Crossings Commissioners have an exceedingly dif-
ficult and delicate task to perform. They have to deal with able
and experienced men whose best efforts have been bent, first, to
defeat the movement for a separation of the grades, and, second,
to make the best possible bargain for the railroads in case a con-
tract is made. Their consultations, suggestions, and half-developed
plans are not to be given to the public, nor to the stockholders
whom they represent. The best efforts of the Grade Crossings
Commissioners are being given for the public good. Whenever
anything tangible is reached they are quick to give it to the public,
but they cannot see how the public interests can be served by giving
to the press informal conferences held for the purpose of consider-
ing what is the best course to pursue. They see clearly, on the con-
trary, how much harm may be done by giving to the press, and
through it to the railroad officials, the individual opinions of com-
missioners, as well as suggestions and incomplete plans.”
As has already been shown, the question of expense and
how it should be apportioned between the city and the rail-
roads was one of the most difficult matters to agree upon.
It was readily determined that the railroads should pay the
entire cost of construction and change of grade within the
boundary lines extended across the street at a railroad
crossing; but the apportionment of the approaches to the
viaducts and subways was for a long time matter of con-RAILROAD GRADE CROSSINGS.
195
troversy and disagreement. First of all, the railroads
claimed that the city should be at the sole expense of the
approaches, and many citizens held that the railroads should
pay for the entire cost of the improvement. Next, the com-
missioners proposed that the city should pay 25 per cent, of
the cost of the approaches, and the railroads 75 per cent.
Then the railroads proposed, as a concession, that the ex-
pense be divided equally between the city and the railroads.
And thus the question stood when the two contracts were
received from President Depew on New Year’s Day, 1889.
At an executive session of the commissioners, held Jan. 3d,
confidential instructions were given to the chairman, engineer
and attorney, for their guidance at a proposed conference
with the officials of the Central Company in New York,
which they were directed to attend. These three gentlemen
had discretionary powers as to the use of these confidential
instructions, which included the utmost concession the com-
missioners were willing to make on the apportionment of
cost of approaches, as well as upon other important details,
but of course they were not to be made public prematurely.
Next morning the Express gave a report of the meeting
under these head-lines:
KEEPING MUM.
A Secret Session of the Crossings Commissioners,
and at the end of the article, which was about a half column
in length, the report said:
“When the commissioners at last reached an adjournment, a
reporter of the Express entered the room, and asked Chairman
Adam how much of the proceedings he felt disposed to make public.
The answer was: ‘The only thing which I think ought to be said,
is that the chairman, the engineer and the attorney have been in-
structed to go to New York/ Further questioning brought out:
‘Well, that’s all I think it is best to make public/ ”
The report closed with the following paragraph:
“It was learned from other sources that the commission decided
to yield the Belt Line as demanded by the Central authorities, and
decided to compromise the cost of the approaches, etc., in this way:196
ABOLITION IN BUFFALO OF
Where streets are carried overhead the railroad to pay 75 per cent,
of the cost and the city 25 per cent.; where streets are carried
under the tracks the city to pay 50 per cent, and the railroads 50
per cent. It was also decided that the question of land damages,
half of which the Central agreed to assume, should not enter into
the contract, as the apportionment of that expense is left by the
Act to a separate commission to be appointed by the Supreme Court.
These are the main points of difference to be adjusted at the meet-
ing in New York.”
The enterprising reporter who learned these facts from
other sources, and who knew that they were private and
confidential instructions, for possible use in pending nego-
tiations, gave them openly and instantly to the public of
Buffalo, and to the railroad officials in New York. It may
well be surmised that this indiscreet haste cost the citizens
of Buffalo a magnificent sum of money. He was exactly
like the farmer's boy who was sent by his father to buy a
cow which a neighbor had for sale. “How much did your
father say he would pay ?” And the boy replied in a single
breath: “I am to offer you forty dollars for the cow, and if
you won't take that I am to offer you forty-five dollars."
And right here is a question in the moral ethics of report-
ing: How far is a reporter justified in publishing such
information, under the plea that it is public business, when
he knows that its publication may work to the public disad-
vantage ?
When Chairman Adam, Engineer Mann, and Attorney
Clinton met the officials of the Central Railroad in New
York, there was nothing for them to negotiate about; their
confidential instructions had been published to the world.
The new apportionment of the cost of the approaches was
accepted by the railroad, but when, in the discussion of the
matter, it was found that the number of viaducts and the
number of subways were the same on the lines of the Central
road, covered by the contract, President Depew suggested
that it be changed to one percentage applied to both viaducts
and subways; namely, 33^ per cent, for the city and 66%
per cent, for the railroads; and as this would produce ex-
actly the same result as the double rates proposed by the
commissioners, the single percentage was agreed upon.RAILROAD GRADE CROSSINGS.
197
One important point was gained in reference to the be-
ginning of the work. The Central contract provided that
no work would be contracted for or begun until the other
railroads whose premises were involved in the execution of
the plan as a whole had entered into contract with the com-
missioners; which meant indefinite postponement of all
work. Upon urgent request of the commissioners the con-
tract was changed to provide that within three months of its
execution work would be begun at Michigan, Washington,
Main streets and through the Terrace, in which work no
'Other railroad company was interested.
There remained, then, only the question as to the ability,
under the Act, of the commissioners to include in the con-
tract the apportionment of awards for consequential dam-
ages to adjoining property. The commissioners, as advised
by their counsel, held that they had no right, under the Act,
to enter into any agreement touching that question; while
the general counsel of the Central Railroad took the oppo-
site view. By mutual consent the matter was referred to
one of the justices of the Supreme Court, whose decision
would be accepted by both parties as final. The judge ren-
dered his opinion that the commissioners could agree in a
contract as to the proportion of such awards to be paid by
the city; and in harmony with his ruling, on February 2d,
the commissioners instructed their attorney, Mr. Spencer
Clinton, to prepare a new contract upon the terms and con-
ditions agreed upon.
About this time a remonstrance was received from
owners of property on the Terrace protesting against the
signing of the contract that provided for an open cut through
the Terrace, unless it should also provide for bridges at
Pearl and Seneca streets, and a hearing thereon was ap-
pointed for February 6th, on which day a number of the
remonstrants with George Clinton and Franklin D. Locke
as counsel met the commissioners in conference. After an
explanation of the plan proposed to be adopted, and discus-
sion of the obstructions that would be raised across the Ter-
race by the approaches to a bridge at Pearl Street, prac-
tically closing it to traffic, Mr. George Clinton, on behalf198
ABOLITION IN BUFFALO OF
of those he represented, withdrew the request for bridges,
and as no other plan of treatment was presented he could
only suggest that no change be made in the Terrace, and that
the railroad tracks remain at grade. This the commissioners
could not assent to and do their duty; but one of the most
serious objections was removed by the suggestion of Com-
missioner James E. Nunan, that the beam tunnel in Main
Street be lengthened westerly to include Commercial Street,
instead of ending, as originally proposed, on the west line of
Main Street; and the objection to cutting off Pearl Street
was partially met and relieved by adding a foot bridge at
that street.
From the beginning of February, 1889, till October, the
commissioners held twenty regular meetings; they went
over the tracks and crossings included in their plans a num-
ber of times; they discussed details of plans, grades and
percentages; they sent their chairman, engineer and attor-
ney repeatedly to New York to advise with the New York
Central officials. It appeared that no very accurate surveys
of railroad property lines and boundaries had been kept, and
such surveys were necessary in locating viaduct and> sub-
ways. One instance shows this. The cost of changing the
grade of the double freight tracks which connect the Lake
Shore freight yards with the New York Central yards at
East Buffalo was apportioned upon the Lake Shore Com-
pany, upon the theory that they were the property of the
latter. The New York Central contract, upon the authority
of the chief engineer of the company, so treated them; but
it was afterwards discovered that the Central Company
owned these tracks and leased them to the Lake Shore Com-
pany.
The unavoidable settlement of all the details took a long
time, and during this period of impatient waiting the hopes
of the people were often excited by newspaper reports.
February 28th it was said: “There are so many and such
intricate problems to be considered by the engineers that they
necessarily take a good deal of time. About the middle of
April, probably, Buffalo people will look for gangs of riien
busy raising or depressing the New York Central tracks.”RAILROAD GRADE CROSSINGS.
199
March 4th: “The engineers and draughtsmen of the New
York Central are here and have begun work upon the grade
crossings plans. It will be thirty days before the working
plans are finished. The whole work west of Chicago Street
ought to be finished within a year.” July 13th: “Members
of the Grade Crossings Commission visited several of the
street crossings where work, it is hoped, will soon begin. In
the party were Commissioners Adam, Sweet, Kendall,
Weber, Nunan, Sandrock, Morgan, Butler and City En-
gineer Mann. They inspected the crossings at Emslie,
Swan, Seneca, Louisiana, Chicago and Michigan streets, in
connection with plans recently received from New York.”
August 6th: “There is a good deal of grumbling at the tar-
diness of the negotiations of the Grade Crossings Commis-
sioners, but it is cheering to know that the prospect of a
settlement is not far off. It is expected that a contract be-
tween the city and the New York Central will be signed
before the 1st of September.” September 10th: “The months
glide by and the Buffalo Grade Crossings Commissioners
are still awaiting the return of President Depew from
Europe.” September 21st: “Our citizens have displayed
commendable patience in awaiting the development of the
plans prepared by the engineers of the city and the New
York Central. The absence of Mr. Depew in Europe has
been a legitimate cause for delay.”
There came an end to that period of waiting. Many and
longer waits were to follow before the work was actually
begun, but these were then in the unknown future; and it
was a happy day when the chairman of the Grade Crossings
Commission brought with him, from President Depew’s
office in New York, the contract, signed.
Extract from the minutes of the commission:
Meeting of the Grade Crossings Commission, held at Marshall,
Clinton & Wilson’s office, Oct. 12, 1889. Present:	Messrs. Adam,
Sandrock, Sweet, Weber, Butler, Nunan, Kendall, Morgan. Mr.
Adam in the chair, Mr. Morgan secretary.
The New York Central contract was read through in detail.
Mr. Sweet moved that inasmuch as the contract had been read
through and compared and found to be satisfactory, that it be ap-200
ABOLITION IN BUFFALO OF
proved and that the commissioners proceed to execute it. Carried
unanimously.
The contract and maps were then signed by the commissioners.
The attorney was instructed to furnish copy to the press.
Commissioner Weber moved that the secretary at once notify
the other railroads interested that the commissioners have made a
contract with the New York Central, and that they are now ready
to enter upon negotiations with the other companies. Carried.
Adjourned subject to call of chairman.
(Signed)	Wm. J. Morgan, Secretary.
A copy of the contract was delivered to Hon. Philip
Becker, Mayor, and by him submitted to the Common
Council, and printed in the official minutes. The commis-
sioners having requested that the Common Council take such
action as was needed on its part, the contract was referred to
the Committee on Streets, the Corporation Counsel and the
City Engineer. Upon recommendation of committee the
Council, October 21st, directed the engineer to prepare
detail plans and specifications and to advertise for sealed
proposals for the construction of approaches to the struc-
tures in Michigan and Washington streets ; and that the
Corporation Counsel proceed to acquire the necessary lands
on Michigan and Washington streets. November 18th,
notice of intention was given by the Common Council, fol-
lowed later on by notice of determination, to take the fees
for a large number of streets and public places which had
been in use for more than ten years. Jan. 16, 1890, Cor-
poration Counsel Worthington made application before
Judge Childs for the appointment of three commissioners to
condemn lands required for the grade crossings improvement
on Michigan and Washington streets. Hearing upon the
petition was held January 10th, and opposed by Franklin D.
Locke, attorney for the New York, Chicago & St. Louis
Railroad Company. Corporation Counsel Worthington and
Frank C. Laughlin, city attorney, made argument for the
city on behalf of the petition. Judge Childs ruled against
the objections of Mr. Locke, and ordered the appointment
of commissioners to make appraisals.
“Who shall they be ?” was the headline of an article pub-
lished in the Express:RAILROAD GRADE CROSSINGS.
201
"It is generally safe to proceed upon the assumption that a dollar
possesses a certain commercial value, and will be what it purports
to be in all transactions. But it has come to be said that the city
government cannot obtain the worth of its money in the various
expenditures which are made from time to time. In these days of
great public improvements the city is frequently compelled to ac-
quire title to the property of individual citizens through the in-
strumentality of a commission.
"Commissions, however, do not give satisfaction. Year by year
excessive awards have been made and paid for property, and year
by year public sentiment has sustained the conviction that the city
was sure to get the worst of it in all cases of purchase by commis-
sion proceedings. The local application of the law of eminent do-
main has seemed to the majority of citizens to be a statute em-
powering the municipality to acquire title to property by paying
twice what it is worth.
"In carrying out the plans to abolish grade crossings it will soon
be necessary to appoint a commission which shall determine the
compensation to be given to a large number of property owners.
The amount of money to be expended by the railroad company and
the city will be a very large one. Anxiety as to the complexion
and character of this commission is excusable.
"Who shall the commissioners be? There is some doubt as to
the possibility of getting good men to serve. The law under which
the grade crossings appraisals will be made provides that the com-
missioners shall receive six dollars a day. Now, it is considered by
some that this is small pay for the kind of men needed in these pro-
ceedings, and it is feared that it will be difficult to get them for any
such sum. There is the possibility that enough public spirit will be
possessed by the appointees to induce them to go on with the busi-
ness without regard to the compensation.
"It must not be inferred, however, that there is any lack of
would-be commissioners. They are numerous, many of them are
incompetent, and if they could be corded up they would fill the
City Hall from basement to garret.”
“A Grave Responsibility” was the headline of an article
in the Commercial:
"The public should know, and Judge Childs, a man trusted by
the public, should know, that certain enterprising speculators are
busily engaged in securing options and refusals on property along
the line of proposed crossings, and for obvious purposes. The in-
terests of the taxpayers of Buffalo must be scrupulously guarded in202
ABOLITION IN BUFFALO OF
this matter, and they look with confidence to Judge Childs to ap-
point as commissioners of appraisal men that neither can be foiled,
bribed nor intimidated.
“The Commercial believes that Judge Childs will protect the
. public interests in his appointments, and of course the men who
ask for places on such a commission are precisely the men he will
carefully avoid appointing.”
“A Serious Responsibility” was the headline of an article
in the Courier:
“The Commercial says it believes that Judge Childs will protect
the public interests in his appointment of commissioners of ap-
praisal, and it adds:	‘Of course the men who ask for places on
such a commission are precisely the men he will carefully avoid
appointing/ This is certainly devoutedly to be desired. The an-
nouncement that many persons are personally seeking these ap-
pointments is well nigh startling. But the announcement has doubt-
less put Judge Childs on his guard.
“It may not be amiss at this time to recall the declarations of
Judge Daniels in the decision setting aside the action of the Com-
mon Council in appropriating an extravagant amount for the pur-
chase of a lot for School No. 5. Judge Daniels used the following
language, which ought to be memorable:
“ Tt involves an appropriation of a large sum of money belong-
ing to the public for which no equivalent is to be received by the
city. And it is accordingly in all substantial respects the gift or
donation of so much money to the person from whom the property
is proposed to be purchased. The law will not permit this. It
requires the same fidelity, care and caution on the part of the indi-
vidual representing the public interests as would be expected to be
used by any individual purchasing the like property for himself and
paying for it with his own money. In all public positions the law
not only expects but exacts this degree of care and fidelity from
those representing public interests/
“The men chosen to ascertain the compensation, therefore, to
be paid to the owners of, or parties interested in, the lands to be
taken, or which may be injured, should be men who would look
after the public interests in accordance with the principles laid
down by Judge Daniels.
“Speculators and dealers in options are diligently at work; they
are intensely interested in the makeup of the coming commission
and those who represent the city’s interests should be alert and
keen-eyed in the service of the public/’RAILROAD GRADE CROSSINGS.
208
On January 17th, Judge Childs appointed Adelbert Moot,
Philo D. Beard, and John Satterfield as commissioners.
When months had been frittered away in fruitless at-
tempts to make contracts with any of the other railroads, the
Grade Crossings Commissioners adopted the following reso-
lution, Jan. 8, 1890:
“Resolved, That the commissioners report to the Mayor and the
Common Council what they have done, and what they have failed
to do, up to this time, and that such report recommend that an ap-
plication be made to the Legislature that the law be so amended
as to give this commission the power to enforce the provisions of
the Act, and also to amend the Act to remove ambiguity in the lan-
guage of the Act referring to failure or declination of railroads to
enter into contracts.”
A full report was accordingly submitted to the Mayor and
Common Council, in which the commissioners concluded by
respectfully suggesting that the necessary steps be taken to
have the Act amended so as to clothe them with power to
compel the railroad companies to carry out the plan adopted.
In a communication to the Council, which accompanied the
commissioners’ report, the Mayor said:
“I respectfully suggest that you take appropriate action to re-
ceive from the Legislature such amendment of the law as will give
the present commissioners the power by compulsory measures to
make the delinquent railroad companies carry out the work of
abolishing grade crossings.”
A resolution was then adopted by the Common Council
instructing the corporation counsel to draft an Act for the
Legislature to clothe the Grade Crossings Commissioners
with authority asked for.
VII. The Act of April 30, 1890.
January 16th, Hon. John Laughlin in the Senate, and
Hon. Wm. F. Sheehan in the Assembly, introduced a bill to
amend the Grade Crossings Act. In the Assembly the bill
was referred to the Committee on Affairs of Cities, and a204
ABOLITION IN BUFFALO OF
hearing appointed for January 28th. A meeting of the Mer-
chants’ Exchange was held January 21st to endorse the
amending bill, and the president was instructed to appoint
five members of the Exchange as a committee to represent
it at the hearing. President Doyle appointed Pascal P.
Pratt, E. G. Spaulding, Jewett M. Richmond, O. G. Warren
and Henry M. Watson. Messrs. Pratt, Spaulding and Wat-
son having declined to serve, President Doyle substituted
Thomas L. Kerr, R. R. Hefford and Norman E. Mack.
After several postponements the hearing before the
Senate Committee on Railroads and the Assembly Com-
mittee on Cities in joint session took place February 19th.
It began early in the afternoon in the Assembly chamber,
was continued in the evening in the parlor of the Delevan
House, and concluded at nearly midnight. Hon. E. Carle-
ton Sprague, attorney for the Erie Railroad, spoke at great
length, strongly opposing the amendment, and as strongly
against the contract which had been made with the New
York Central. He argued that in the original Act the plan
provided for a union terminal passenger and freight station,
as well as for the removal of grade crossings, and that the
union terminal was the elementary feature of the whole
scheme. This, he asserted, was universally approved by
the citizens, but when the commission failed to adopt the
Buchholz plan the controversy and trouble began. The
commission, he maintained, had no right to enter into a
separate contract with the Central; that the contract en-
ered into was void and would amount to nothing; but the
Erie road was ready to meet a commission appointed by the
Supreme Court as provided in the original Act.
Mr. Spencer Clinton, attorney for the Grade Crossings
Commissioners, replied to Mr. Sprague, practically denying
the statements made by him. He declared that the original
Act had as its prime motive the removal of the grade cross-
ings from the streets and that the matter of union stations
was a secondary proposal which neither the city nor the
Legislature had the power to enforce. “We asked the
Legislature,” said he, “for authority to make a contract with
any railroad company or companies, or any terminal companyRAILROAD GRADE CROSSINGS.
205
organized for that purpose, for the relief of the city from
the present obstructions in the streets of the city of Buffalo.
Not a word about a union depot, either freight or passenger.
You will see that that was a province which these commis-
sioners could not enter. There was not a word about the
Erie giving up so much to the Central and the Central
giving up so much to the Erie. They had no right to say
when the Erie Railroad was in possession of a depot in
Michigan Street, you must throw open your doors and let
the Central come in. Such an idea never entered the head
of anybody in favor of the abolition of this evil. What the
Legislature was asked to do was to enact a law which would
obviate the danger of these crossings in the streets of Buf-
falo. If an addition to that scheme—if this one which looks
so beautiful on paper, could be carried out, the city would be
glad to do it; but to say that that was the end and the object
of the law is to misrepresent the whole attitude of the people
of the city of Buffalo.” The commission, he said, had the
right to contract with each road separately, but that the Erie
had refused to enter into the terminal scheme and since the
contract with the Central had been constantly avoiding
definite negotiations.
Hon. Sherman S. Rogers, attorney for the Delaware,
Lackawanna & Western Railroad Company, made the con-
cluding argument. He spoke strongly for the plan for union
passenger and freight stations, and showed that the Central
at the beginning stood committed to this highly desirable
project; and argued that this plan having failed, there was
no sound reason why the city should not go to the Supreme
Court and ask for the appointment of a commission to pre-
pare and enforce a plan. The method now proposed, to
confer extraordinary compulsory powers on nine inexperi-
enced busy men, dry goods merchants, bankers, commission
merchants, editors, and one whom nobody in Buffalo knew
anything about—would be an act of great injustice and
unwisdom.
Members of the legislative committee were greatly inter-
ested in the arguments upon this important issue, as was
evidenced by the many questions asked for information and
explanation.206
ABOLITION IN BUFFALO OF
A second hearing was given before the Assembly Com-
mittee on Cities, March 27th. The Erie Railroad was rep-
resented by David C. Robinson of Elmira, and George F.
Brownell of Buffalo; the Western New York & Pennsyl-
vania Railroad by J. D. Hancock; the Buffalo, Rochester &
Pittsburg Railroad by Franklin D. Locke. In the absence of
Spencer Clinton, the city of Buffalo was represented by
Corporation Counsel Worthington, and R. B. Adam, chair-
man of the Grade Crossings Commission. The arguments
were substantially the same as those presented at the pre-
vious hearing.
The committee reported the bill in the Assembly on the
following day, favorably and without amendment.
In the Senate the bill was referred to the Committee on
Railroads and a hearing thereon was set for April 8th.
Mayor Bishop called a meeting at his office in the City Hall,
to organize a delegation to Albany. At that time there were
three bills pending in the Legislature in which the people of
Buffalo were vitally interested: the new city charter, the
grade crossings bill, and the Syracuse water bill; and a
large delegation was desired.
The Mayor and about eighty citizens appeared at the
Capitol on the day of the hearing, wearing light blue satin
ribbon badges with “Grade Crossings Must Go” printed in
red letters. That hearing was a rather lively affair. David
C. Robinson of Elmira appeared for the Erie Railroad, and
repeated the same old story of the union passenger and
freight stations, with some variations. He declared that the
Erie road was still feady, anxious to go into that scheme.
He asserted that the Erie road had not been fairly treated in
the matter of assessments for the proposed terminals, as
according to the Buchholz plan—
At this point the speaker was interrupted by Hon. D. H.
McMillan, who said it was time to put an end to such asser-
tions. He said: “I took the Buchholz plans to New York
and conferred with the management there. President Depew
approved them, after receiving a report from the chief en-
gineer and his assistants, and there were no objections made
except by the Erie people, who thought that their assessmentRAILROAD GRADE CROSSINGS.
207
for the proposed depot was unfair, and out of proportion
to the business of the Central Company. The assessment for
the Central compared to that of the Erie was over seven to
one. The Erie people were treated with all consideration,
and they were the only people that put a check to the work
of the commissioners.”
Resuming his argument, Mr. Robinson declared the deep
anxiety of the Erie people to abate the grade crossings evil.
He maintained that the proposed legislation was unconsti-
tutional. He paid his respects to the Buffalo Grade Cross-
ings Commissioners by abusing them roundly. He ex-
pressed his surprise at the “pictorial display” exhibited by
the delegation, and was presented with one of the badges as
a souvenir. He declared his wonder that the city of Buffalo
was not officially represented here.
Senator Laughlin said, in beginning his reply: “Mr.
Robinson says the city of Buffalo is not represented here.
That is rather astonishing. Mayor Bishop is here, and I, at
least, am a humble representative of the city.”
Mayor Bishop said: “Gentlemen, I came here merely to
say to you that public sentiment in Buffalo is unanimously
in favor of this bill. That sentiment says that the grade
crossings must go. Our Common Council has asked unani-
mously that ths bill may become a law. Finally, permit me
to say that the people of Buffalo have absolute confidence in
this Grade Crossings Commission.”
Judge J. C. Hancock spoke for the Wesern New York
& Pennsylvania Railroad in opposition to the bill. Millard
S. Burns, for the Buffalo Lumber Exchange, delivered a
telling address, enforced by statistics of street traffic over
the grade crossings. Remarks were made by Adam Reid,
R. B. Adam, and Wm. J. Morgan, who concluded the hear-
ing by saying: “Gentlemen, these railroads always say that
they keenly desire the abolition of the grade crossings, but
when we call upon them to act, they never do. They must
be forced.”
The bill, with two minor amendments, mutually agreed
upon, was reported favorably in the Senate next day, and
sent to the Assembly, where, by skillful parliamentary tactics,208
ABOLITION IN BUFFALO OF
Mr. Sheehan had it substituted for the Assembly bill passed
April 17th. The bill became a law April 30th, not having
been vetoed by the Governor. By its provisions the commis-
sioners could adopt a plan, after giving a hearing thereon;
notify the railroads and the city to begin the work; if either
neglected to begin the commissioners could do the work and
collect the cost from the party in default. The cost was to
be apportioned by mutual agreement or by special commis-
sion appointed by the Supreme Court.
The commissioners appointed by the amended Act met in
the Merchants' Exchange committee room on May 26, 1890.
There were present Commissioners Adam, Sweet, Sandrock,
Nunan, Morgan, Kendall, Butler. Absent, Weber. Having
taken the oath of office the commissioners organized by
electing R. B. Adam, chairman; Wm. J. Morgan, secretary;
and by appointing Spencer Clinton attorney, and George E.
Mann, engineer. Their first action was the adoption of the
following:
Resolved, That these commissioners hereby make known that
they propose to adopt the general plan mentioned in Section One
of Chapter 345 of the Laws of 1888, as shown by the report of the
commission of engineers therein mentioned, and drawings on file
in the office of the City Engineer, and that proper notice of such
intention shall be given by publishing a notice thereof daily in each
of the daily newspapers published in the city of Buffalo, from
June 14th to June 26th, inclusive, together with a notice that on
the 26th day of June, 1890, at 3:30 p. m., in room 38, in the Board
of Trade building, corner of Seneca and Pearl streets, in the city of
Buffalo, this commission will meet to hear the railroad companies
interested and the city in opposition thereto or in respect to any
proposed change therein. The secretary is requested to send a no-
tice of such proposed meeting to the president of each of the rail-
road companies interested, and to the Mayor of the city.
Notices were duly published in the eight daily newspapers
on ten several days, and the same was sent to each of the
railroad companies and the Mayor of Buffalo.
Pursuant to these notices a hearing was held at the Mer-
chants' Exchange, June 26, 1890. There were present Com-
missioners Adam, Sandrock, Weber, Butler, Kendall, Nunan,
Sweet, and Morgan; Attorney Clinton and Engineer Mann.RAILROAD GRADE CROSSINGS.
209
The city was represented by City Attorney Laughlin, and the
railroad companies as follows:
The New York Central by Attorney D. H. McMillan and
Engineer Van Hoosen; the Lake Shore by Attorney Greene
and Engineer Kimball; the Western New York & Penn-
sylvania by General Solicitor Hancock; the Buffalo Creek
by General Manager Goodman, and specially by George F.
Brownell; the Delaware & Lackawanna by Attorney Locke;
the New York, Chicago & St. Louis by General Manager
Johnson and Attorney Williams; the Erie by George F.
Brownell; the Union Terminal Company specially by Frank-
lin D. Locke. Mr. Locke explained that a “special” appear-
ance was simply to enter objections, and not in recognition
of the jurisdiction of the commissioners. The explanation
was hardly needed, for that appeared to be the theory and
principle upon which all the appearances were made.
Beginning June 26, 1890, the hearing was continued
June 27th, July 8th, 10th, 15th, 19th, 23d, 25th, and 28th,
when it closed. Many witnesses were sworn and examined
by the railroad attorneys and the commissioners. Changes
of plans and of grades of tracks and of streets were sug-
gested, argued and discussed at great length; some were
approved, others rejected, and some held for consideration.
The final results were to be embodied in new plans which
the City Engineer was directed to prepare, in consultation
with the railroad engineers. Engineer Mann submitted to
the commissioners. Sept. 15th, changes and modifications of
plans approved by himself, by Engineer Buchholz of the
Erie, and Engineer McCreary of the Western New York &
Pennsylvania. These plans were considered by the commis-
sioners, who again visited the several crossings; and a com-
mittee consisting of Chairman Adam, Secretary Morgan and
Commissioner Weber, was appointed to confer with the rail-
road officials in New York upon the changes proposed by the
engineers. On their return, report was made, October 18th,
that their conference with the Erie officials had been very
unsatisfactory and without result. No objection was made
to the engineering plans, but being financially limited, the
road could not afford the expenditure. The only suggestion210
ABOLITION IN BUFFALO OF
made by President King was that the city of Buffalo raise
the money by issuing its bonds, upon which the Erie road
would pay the interest, arid reduce the principal by annual
installments. To this the commissioners would not assent.
The West Shore road and the Western New York & Penn-
sylvania were then negotiating for an exchange of property
and tracks. This was a matter of much importance and con-
siderable magnitude, requiring time and diplomacy, and
until the parties reached agreement no contract with either
could be expected; and it was nearly a year (August, 1891),
before such agreement was concluded. Engineer Katte of
the New York Central gave his approval to the modified
plans, and would recommend their adoption by the Central
Company. After hearing this report the commissioners for-
mally adopted the plans for a modification of the contract
with the New York Central.
Throughout the twelve months ending November, 1891,
the engineer of the commission continued the preparation of
details for the general plan applied to crossings of the Erie,
the Lake Shore, the Lackawanna and other railroads, but
was hindered and delayed by the inaction or indifference of
their engineers. All this while the negotiations between the
West Shore and the Western New York & Pennsylvania
railroads were dragging slowly along. So also were the
proceedings by the city to take the fee of the Terrace,
Seneca and other streets, within the limit covered by the
grade crossings plans. Much time was consumed in dis-
cussions and correspondence with representatives of the
Lackawanna road—General Manager Wm. F. Hallstead,
Chief Engineer Archibald, and Attorney Locke—until in
the end the commissioners were notified by Mr. Locke that
Mr. Hallstead would not agree to the same apportionment
of cost as had been made with the New York Central; and
as the commissioners would agree upon no other, Mr. Hall-
stead had decided to apply to the Supreme Court for com-
missioners as provided in the Act.
Satisfied that nothing short of absolute compulsion
would firing the railroads to terms, the commissioners
voted, November 25th, that a bill be prepared for presenta-RAILROAD GRADE CROSSINGS.
211
tion to the Legislature in January, 1892, conferring such
power upon the commissioners.
At the first meeting of the commissioners in January,
1892, announcement was made of the death of Commis-
sioner James E. Nunan, and they adopted the following
MEMORIAL.
Since our last meeting a few weeks ago one who was then
with us, and took a lively interest in the deliberations, has passed
away. James E. Nunan was appointed one of the Grade Crossings
Commissioners when the bill was passed enacting this board, and
has always been active and faithful in the performance of the duties
imposed upon his as such commissioner. His counsel was valued
by his associates, and in his death they lose an energetic co-worker
in the great work of eliminating the evil of railroads crossing the
numerous streets of our city on grade. This is the second death
in our small number that we are called upon to mourn, and it is to
be hoped that our ranks may not be further depleted before the
consummation of the work to which we have consecrated so much
time and effort. That this board might speedily secure desirable
results was always the wish and prayer of Commissioner Nunan.
It is a tribute to his memory to give utterance to this hope, for
when it became apparent that his time on earth was not to be long,
he frequently expressed the wish that he might be spared long
enough to assist in completing the work of abolishing the grade
crossings evil.
VIII. Albany the Battlefield—Act of April 20, 1892.
Fruitless attempts at agreements with the West Shore,
Lake Shore, and Buffalo Creek railroads were continued;
and on January 28th Hon. Matt Endres in the Senate, and
Hon. Edward Gallagher in the Assembly, introduced a bill
to enlarge the powers of the commissioners. The bill was
referred in both houses to the Committee on the Affairs of
Cities, and a hearing set for February 9th. A public meet-
ing was held in the Buffalo Merchants’ Exchange, February
6th, of which the report said: “If any doubt existed as to
the sentiments of the city of Buffalo on this vital question it212
ABOLITION IN BUFFALO OF
must have been dispelled by that meeting/’ Mayor Bishop
was called to the chair. John J. McWilliams offered the
following preamble and resolution:
Whereas, The citizens of Buffalo have been trying to relieve
the streets of the city from the perils and evils caused by the rail-
roads crossing the same at grade, and for that purpose in May, 1888,
obtained from the Legislature of the State power to abate the grade
crossings by amicable arrangement with the different railroad com-
panies interested; and
Whereas, Since the passage of said Act some four years have
passed, during which the evils of such crossings have increased, and
our citizens have been compelled to see the traffic of our streets ob-
structed and our fellow-citizens maimed and killed without any ef-
fort being made by certain railroad companies to join the city in
the attempt to abolish these crossings; and
Whereas, Certain railroad companies have refused to join with
the city in an attempt to make any arrangement to abolish these
crossings, and evince by their action a determination to prolong the
existence of these evils, and have proclaimed their intention to re-
sort to whatever device the law may afford to obstruct the city in its
effort to abolish such crossings, and by their inaction, aided by the
efforts of their counsel, prolong the period within which the traffic
of our streets may be obstructed and our citizens maimed and killed;
and
Whereas, The law as it stands now affords too favorable op-
portunities for such obstruction and too little power is given to the
city to force such railroad companies to discharge their duty in
aiding in abolishing such crossings; now, therefore, be it
Resolved, That the Legislature be requested to speedily pass
the Act submitted to it, giving to the Grade Crossings Commission
of the city power to compel the railroad companies using the
streets of our city to do their duty in protecting the lives and prop-
erty of our citizens by abolishing the crossing of our streets by the
railroads at grade.
“All in favor of the resolution say 'aye/ ” said the Mayor,
and a mighty volume of “ayes” rolled up from the crowd.
Of “nays” there were none.
The delegation from Buffalo filled the Senate chamber
in Albany on the day of the hearing. Spencer Clinton spoke
for the city:
“We wish to be put in a position where we can force the Erie
Railroad to abate these grade crossings. This is the only railroadRAILROAD GRADE CROSSINGS.
213
that says it will not obey the Grade Crossings Act. It says it will
resist the Grade Crossings Commissioners at every step, and it has
done so. We ask this Legislature to compel the Erie Railroad to
enter into the scheme of grade crossings improvements which we
have suggested. As long as it resists we cannot make these im-
provements, and it is the only railroad which stands out. In the
meantime the citizens of Buffalo are being killed at these grade
crossings, and the traffic of her streets delayed and obstructed.”
John B. Stanchfield of Elmira spoke for the Erie Rail-
road :
“We deny that the Erie Railroad is blocking this scheme. In
1888 we were willing to go into a union passenger and freight depot
with the Central Railroad, but President Depew said he would not
accept that scheme. The Erie is ready to go ahead on the basis of
1888. We wish to abolish grade crossings. All that we differ
about is in regard to the methods. We object to a commission com-
posed of the citizens of Buffalo, and to other provisions in this bill.
We ask time to prepare our objections. We have had only three
days’ notice of this hearing, and in justice should have three weeks.”
Remarks in favor of the bill were made by John Fisher,
private secretary of Mayor Bishop; President Hanrahan of
the Common Council; Ex-Senator John Laughlin, Tracy C.
Becker, Postmaster Gentsch, and Collector Morgan, who
said that the people of Buffalo had heard the Erie Railroad
sing the same tune year after year since 1888. It always
pleads for delay. From September, 1890, to January, 1891,
nineteen persons had been killed at the grade crossings in
Buffalo. Contracts could be entered into with all the roads
tomorrow, but for the Erie. Under such circumstances why
should the Legislature delay in passing the bill ? The com-
mittee decided to grant another hearing, February 24th.
President Scatcherd of the Merchants' Exchange called
a public meeting, February 23d, to organize another delega-
tion to attend the adjourned hearing in Albany on the fol-
lowing day. There was again a very large attendance, and
Walter J. Shepard presented the following preamble and
resolutions, which were adopted unanimously:
Whereas, The railroad grade crossings in this city are a serious
and ever-increasing menace to the lives and property of our citi-
zens, impeding business and destroying life and property; and214
ABOLITION IN BUFFALO OF
Whereas, The city’s Grade Crossings Commission has, for
nearly four years, been trying to induce the several railroads in in-
terest to abate the grade crossings evil created by them, offering
on the part of the city to pay a fair proportion of the cost of the
improvement and proposing to the companies in financial straits to
allow them to proceed with the work by sections, as their finances
would permit; and
Whereas, The commissioners in their efforts to secure favor-
able action have made every reasonable concession and with a view
of encouraging negotiations have made numerous trips to New York,
Cleveland and elsewhere to railroad headquarters; and
Whereas, The commissioners, through the City Engineer, have
prepared a general plan for the abatement of grade crossings which
the railroad engineers concede to be as good a one as could be de-
sired, and free from serious objections. Speaking of this plan,
Charles W. Buchholz, chief engineer of the Erie railroad, which
road is chiefly responsible for the delay, at a meeting of the com-
mission held at the Merchants’ Exchange, July 25, 1890, expressed
his opinion, upon his judgment as an engineer, that “the plan is
impregnable,” and
Whereas, The railroad situation is so complicated in this city
that little progress towards abating grade crossings can be made
unless all the roads join in the work; and
Whereas, Some of the roads have persistently declined to ne-
gotiate a contract with the Commissioners, and have opposed all
legislation to afford the proper relief, and are now opposing at
Albany, with renewed vigor, the pending amendment to clothe the
commission with requisite authority to enforce action; and
Whereas, It is manifest that certain of the railroad companies
chiefly in interest are determined to do nothing in the way of
abating grade crossings until compelled to; and
Whereas, This grade crossing evil has reached such propor-
tions as to be unbearable—the number of accidents, the killing and
maiming of people increasing with the rapid growth of the city and
its railroad traffic—a record of a single day’s traffic of two of the
many crossings shows the pressing necessity for the abatement of
the evil and the great danger of the existing conditions. At Michi-
gan Street Saturday, Feb. 20, 1892, 3,230 wagons and carriages, and
13,402 foot passengers, crossed the tracks. At Louisiana Street the
record was:	Passenger trains, 87; freight trains, 43; light engines,
Iio; wagons and carriages, 1,387; foot passengers, 5,716; therefore,
Resolved, That the people of Buffalo, speaking through their
regularly constituted municipal authorities, through all their com-RAILROAD GRADE CROSSINGS.
215
mercial and business organizations, a united press, and this mass
meeting assembled, protest against further delay in the matter of
abating grade crossings and demand the passage by the Legislature
of the pending amendment to Chapter 345 of the Laws of 1888, to
the end that the people may be enabled to recover the right to use
their streets in safety, and that the slaughter of our citizens at the
street crossings may be stopped.
Resolved, That a copy of the foregoing be transmitted to His
Excellency the Governor, and to each Senator and Representative.
President Scatcherd appointed the following delegates
to represent the Merchants’ Exchange: His Honor Mayor
Bishop, Walter J. Shepard, J. J. H. Brown, J. N. Adam, J.
Dietz, Harvey J. Hurd, and William Thurston.
In the Common Council Alderman Barnum introduced
the following preamble and resolution:
Whereas, The city of Buffalo, through her able representatives
on the Grade Crossings Commission, has worked assiduously for
the past six years to abolish the deadly grade crossings, maintained
by the various railroads within the city limits; and
Whereas, The city of Buffalo has been put to an expense of
over $17,000 to defray the legitimate expenses of the said commis-
sion; and
Whereas, The various railroads have, upon one technicality
after another, postponed, and, in some instances, practically refused
to take any action to mitigate existing evils, and have used and are
using all means in their power to defeat the object for which said
commission was created; and
Whereas, Public sentiment is aroused to that point that imme-
diate action should be taken by this honorable body in conjunction
with the Merchants’ Exchange, which has called a public meeting
this day, for the express purpose of publicly protesting against a
further delay and also to make arrangements for a proper represen-
tation of our business men before the Railroad Commission at
Albany tomorrow; and
Whereas, This Honorable Body, it being in hearty sympathy
with the movements to abolish the grade crossings, and wishing to
act in concert with the Merchants’ Exchange and give its hearty
support to the movement; it is hereby
Resolved, That the State Senate and members of the Legisla-
ture are requested to use all honorable means to secure the passage
of the bill granting the Grade Crossings Commissioners more ex-216
ABOLITION IN BUFFALO OF
tended power; that the President of the Board of Aldermen be
directed to appoint a committee of such members as he may deem
proper to go to Albany for the purpose of urging speedy action;
and that the City Clerk be directed to send our representatives a
certified copy of this preamble and resolution.
The resolution was adopted, and the following committee
appointed: Aldermen Summers, Johnson, Coe, Franklin,
Barnum, and Sullivan.
When the committee of commissioners, Adam, Morgan
and Clinton, went to the Capitol in the morning before the
hour for the hearing, they were met by James S. Allen of
New York and John B. Stanchfield of Elmira, attorney for
the Erie Railroad, and invited to a conference in the Lieu-
tenant Governor’s room. There they were told that the
Erie road would withdraw all opposition to the amended bill
if the commissioners would consent to the appointment of a
special commission to decide upon the plan and work to be
done by the Erie road and its proportion of the cost; such
commission to consist of five members, two from the present
commission, and three disinterested persons, to be chosen by
agreement by the commissioners and the railroad, or ap-
pointed by the Supreme Court. If this were assented to, the
attorneys, Allen and Stanchfield, asserted, that they were
authorized to make this agreement, and would stipulate in
writing over the signature of Vice-President Thomas, that
they would go on in good faith and negotiate a contract with
the second commission. With certain specified limitations
and safeguards the representatives of the commissioners
would not object to such provision in the Act.
When the hearing began before the Committee on Cities,
the room was filled with delegates from Buffalo. Mr.
Stanchfield stated in substance what had been proposed to
the commissioners. He said that they were on the point of
an agreement, he had no doubt but an agreement would be
reached that afternoon, and asked an adjournment of the
hearing. Upon this statement an adjournment was con-
sented to by the representatives of Buffalo, and an appoint-
ment made for conference in the afternoon. At the Ken-
more House there were present with the two Erie attorneys,RAILROAD GRADE CROSSINGS.
217
Allen and Stanchfield, a number of Buffalo delegates, in-
cluding Commissioners Adam and Morgan, Attorney Clin-
ton, Aldermen Summers, Franklin, Coe, Johnson and
Barnum. The agreement was put into writing, and was
as follows:
"If within thirty days after this Act takes effect, the New York,
Lake Erie & Western Railway Company shall have failed to enter
into a contract as provided by Section One of this Act, there shall
be a commission of five for the purpose of determining the plans
of work to be done by such company and the proportion of work
to be done and expense to be paid by said company, and its decision
shall be final.
“The said commission shall consist of two members of the com-
mission named in Section One of this Act, and of three other per-
sons to be named by a special term of the Supreme Court of the
State to be held in Erie County, unless such members are agreed
upon by the commissioners named in Section One of this Act and
said railroad company.
“The said commission shall do no act in any way affecting any
contract made or plan heretofore adopted by the commission named
in Section One of this Act.”
Engineer Buchholz, having arrived from New York and
joined the conference, the proposal made by the attorneys
was submitted to him, and immediately he said that he
would not consent to the arrangement, and further said that
the attorneys had no authority from the officers of the com-
pany for making such a proposition. This led to a very hot
discussion all around, and finally Mr. Buchholz consented
to present the matter to Vice-President Thomas, without
recommendation or objections, on the following day, and
have the decision telegraphed to Buffalo. Attorneys Allen
and Stanchfield accompanied Mr. Buchholz to New York,
and on March ist Vice-President Thomas telegraphed that
he did not approve the proposition made, without any au-
thority, by the attorneys at Albany.
The Buffalo Evening News of February 25th said,
under the head-line of “More Dilatory Tactics”:
“If any further proof were needed that the Erie is fighting
purely and simply for delay, and striving to defeat the grade cross-
ings bill by dilatory tactics, it was furnished at Albany yesterday.218
ABOLITION IN BUFFALO OF
And the corporation gained a point to the extent of securing an-
other week’s delay, at a time when delays are dangerous. This
game of battledoor and shuttlecock by the attaches of the Erie is
nothing new. It has been played right along ever since the Grade
Crossings Commission was organized. Offers made by one have
been repudiated by another, and thus delay after delay has been
brought about. And this programme will, in all likelihood, be con-
tinued on indefinitely if permitted.”
The adjourned hearing before the Senate Committee
on Cities was held March 2d, and again a delegation from
the Common Council, and from the Grade Crossings Com-
mission, was present. Attorney Spencer Clinton repre-
sented the city; attorneys Allen and Stanchfield appeared
for the Erie road. Arguments were made and followed by
a long discussion until the chairman of the committee said,
“Gentlemen, we have heard enough,” and so the hearing
ended.
A few days after that Senator Endres, who had intro-
duced the bill, said to a reporter of the Buffalo Commercial:
“It looks blue for the Buffalo Grade Crossings bill, and
though it may come out of the committee it cannot pass the
Senate.” Just at this critical period Lieutenant-Governor
Sheehan took the matter in hand himself, telegraphed for
representatives of the Buffalo Commission, and Mr. Morgan
with Mr. Spencer Clinton went to Albany March 9th. Then
there were spirited discussions with Mr. Allen over the
amendment which he and Mr. Stanchfield had submitted
February 23d, which the Erie officials did not want, and
which Mr. Sheehan now insisted should be inserted in the
bill. Next day when the Senate committee was in session,
and was discussing the bill with Mr. Allen and Mr. Clinton,
the Lieutenant-Governor made his appearance in the room,
and said: “If the committee will pardon me, I wish to say
that Senator Endres’ bill, as it is amended and now before
you, meets my warm approval. While my friend Mr. Allen
may object to it, I think it is an eminently fair and just bill,
and I believe the committee will do right to pass it.”
Mr. Allen sprang to his feet.
“On behalf of the Erie,” said he, “I desire most em-
phatically to object to the passage of this bill.”RAILROAD GRADE CROSSINGS.
219
Mr. Sheehan in reply, said: “This bill as it is here before
you, gives the Erie concessions which it has sought for
weeks. , .	.	. The time has come when Buffalo must
have relief from this constant daily murder of the people at
the railroad crossings at grade. This committee cannot
stand in the way of this great boon to Buffalo.”
After considerable further argument the committee, in
executive session, voted to approve and report the bill, with
amendments, and it was so reported, March ioth.
Commenting upon the situation the Buffalo Commercial
said: “If Lieutenant-Governor Sheehan is true to Buffalo,
and is determined this bill shall pass, it will become a law.
The people here know his power and insist upon his using
it in their behalf in this instance.” The Evening News said:
“Many times before this Mr. Sheehan has given proof of
possessing powerful influence at Albany, and it is gratifying
to see him exercise it in behalf of a measure of such great
concern to his native city. If he succeeds in winning the
fight which he has now just begun, political foes as well as
political friends will be forced to concede that he deserves
well of Buffalo.” The Enquirer said: “It was a long fight,
a hard fight, and an earnest fight. The Erie was confident
of the victory, .	.	. but when Lieutenant-Governor
Sheehan saw how the tide of battle was turning he rushed
into the fray. His arguments and his influence with the
committee won the day.” Commissioner Morgan said, in
a reported interview: “Lieutenant-Governor Sheehan is
entitled to great credit for the services rendered to the city
of Buffalo in the matter of the Grade Crossings Bill. If it
had not been for him, we could not have moved the bill out
of the committee. He made a very earnest and very forcible
argument before the committee, showing the absolute neces-
sity of passing the measure.”
There was a slight attempt to obstruct the bill in the
Senate, but it was passed without a single negative vote,
March 15th, sent to the Assembly, referred to the Committee
on Cities, and a hearing set for March 24th. It was well
understood in Buffalo that the bill was still in great peril.
The Erie attorneys meant to defeat it if possible, and the220
ABOLITION IN BUFFALO OF
Erie lobby was very powerful. The situation was critical,
and a large delegation, headed by His Honor Mayor Bishop,
went to Albany. Interest in the hearing was intense, and
some of the situations were quite dramatic. John B. Stanch-
field, attorney for the Erie road, spoke against the bill.
After a series of compliments to Buffalo, her people, her
progress, her greatness, he related at great length the his-
tory of the scheme for union passenger and freight stations,
and the bill of 1888. Now, he said, the Erie is faced with a
bill which places despotic power in the hands of nine com-
missioners, whom he had the presumptive right to say,
were hostile to the interests of the Erie Railroad; and he
gave some supposititious instances in which the commission-
ers, if so disposed, might do serious injury to the Erie and
embarrass its finances. He conceded the proposition that
many people were being killed at the grade crossings in Buf-
falo, but that, he asserted, was no argument for the adoption
of this drastic bill. He referred to the amendment offered
by the attorneys of the Erie for the appointment of a special
commission of five persons, and said: “With that provision
the corporation for which I speak was satisfied. But by
means which I know not and care not to discuss, some one,
agile and adept in legislative matters, has added the words,
'The said commissioners shall do no act in any way affecting
any contract made or plans adopted hitherto by the commis-
sioners named in Section One of this Act.’ ”
Hon. D. H. McMillan interrupted the speaker to assert
very vigorously that this was a misrepresentation; that this
provision was in the copy which Mr. Allen had, and which
he had seen. Mr. Stanchfield said it was not in accordance
with the information he had, but he would concede it for the
sake of argument. “What/’ said he, “would be the power
of a commission when the language which provided for it
took away any power to do anything?” Then, taking up the
clause making the decision of the special commissioners final,
“while we stand here,” he cried, “extending the right hand
of peace to the people of Buffalo, you want to shut out our
right of appeal. The Erie Railroad will submit to this only
when the Supreme Court of the United States says we
must.”RAILROAD GRADE CROSSINGS.
221
Lieutenant-Governor Sheehan spoke for the advocates
of the bill. Up to that morning he had no idea of appearing
before the committee, but he was glad of the opportunity, as
a citizen of Buffalo, to do so. After paying a tribute to Mr.
Stanchfield’s ability in presenting his case, he proceeded to
answer the arguments advanced. Mr. Stanchfield had as-
serted that the commissioners were presumptively antagon-
ised to the Erie road. He denied it. There was no more
antagonism to the Erie than to any road that placed itself ^ls
an obstruction to the great work of abolishing the grade
crossings. True, Buffalo had much to thank the railroads
for, but it was time that the railroads should feel some grat-
itude for what Buffalo had done for them. In no city of the
United States had railroads been so leniently treated as in
Buffalo. “My friend says it is no argument in favor of the
bill that many people are being killed in Buffalo at the grade
crossings. Is not the very reverse of the proposition true?”
Mr. Sheehan referred again to the lines which Mr. Stanch-
field said had been craftily added to the bill, and he asserted
that he knew they were in the bill as originally drafted, and
he did not think Mr. Allen would dare deny it.
Mr. Allen interrupted the speaker to say that they were
not in his draft which he received from Mr. Clinton.
“I waive my whole case,” exclaimed the Lieutenant-Gov-
ernor, “if the amendment did not contain these words. It
was drawn in my office, written by my typewriter, all four
copies were the same and printed at one time.”
Mr. McMillan again interrupted to say, “There can be
no doubt of it. I had a copy of it, Mr. Sheehan had a copy
of it, so did Mr. Allen, so did Mr. Clinton. They were all
alike.”
After further defense of the bill Mr. Sheehan concluded
with these remarks: “Thank God, that by the official action
of the upright, honest men of this committee the city of
Buffalo will begin to see the day when grade crossings will
be abolished.”
The committee went into executive session and it was de-
cided not to vote on the bill until the 29th. The postpone-
ment was made to allow time for consultation. The result222
ABOLITION IN BUFFALO OF
remained doubtful; the bill was in danger. Mr. Sheehan is
reported as having said: “I went down to New York Satur-
day to get some assistance in securing a favorable report
from the Assembly Committee on Cities on the Buffalo
Grade Crossings Bill. I think I secured enough to get the
bill out of the committee with favorable report, and that to-
morrow we shall be able to liberate it from the committee
and place it before the Assembly, where I think we shall
have no difficulty in passing it.”
The bill was approved by a majority of the committee,
and reported favorably to the Assembly. But there was a
week’s delay in getting it brought to a vote. Not only on ac-
count of opposition to the bill, but partly for political reasons
and to influence action upon another bill; a phase of legis-
lative tactics often practised and well understood. At the
same time Mr. Allen continued his active efforts to gain
amendments, or to make delay and thus prevent the passing
of the Act. On the evening of April 5th, consent was given
to one unimportant amendment by inserting in the clause
providing for the special Erie commission, “the power to
make and to change detail plans of work to be done under the
general plan in which no other company shall be interested,”
and on the following day the bill was passed in the Assembly
by a unanimous vote. Next day it was returned to the Sen-
ate as amended, and there passed again without opposition.
After due deliberation the Act was signed by Governor
Flower, April 20, 1892.
Commenting upon the enactment of this law, the Buf-
falo Commercial said:
“It is fair to say that Lieutenant-Governor Sheehan, Senator
Endres, and the Erie County Assemblymen rose to the occasion
under the stimulus of a thoroughly aroused and resolute public
opinion, and by their successful endeavors showed what a united
community can accomplish, when it means business. But still
greater praise and warmer thanks are due from the people of
Buffalo to the Grade Crossings Commissioners and the private
citizens who have time and again gone to Albany, at a personal
sacrifice, to work hard for the passage of this bill, without re-
muneration or hope of reward. Their conduct has been public-RAILROAD GRADE CROSSINGS.
228
spirited; the success that has crowned their efforts ought to do
much in the way of strengthening the growing civic pride and
public spirit of Buffalonians ”
IX. Obstructionists at Home.
While the bill was making its slow and perilous passage
through the Legislature, the Grade Crossings Commissioners
continued correspondence and conference with the attorneys
and engineers of the railroads upon the details of the plans
which were being prepared for the general plan to be adopted
in accordance with their resolution of May 26, 1900. The
complications of railroad tracks and street crossings were so
interwoven that to decide upon the best method of treatment
was exceedingly difficult and perplexing.
Perhaps the best possible presentation of the difficulty
may be found in Dr. Johnson’s definition of “net-work,”
which is, “anything reticulated or decussated, at equal dis-
tances with interstices between the intersections.” To be
sure, the railroad tracks and the streets reticulated or decus-
sated at unequal distances, but all the same, they were con-
structed with interstitial vacuities, and intersect each other
at acute angles. Three sessions were held in February,
three in March and one early in April.
In 1889 it was found to be necessary that, before the
work could be done through the Terrace and in Washington
Street, the city should acquire the fee to those streets; and
upon request of the Grade Crossings Commissioners, the
Common Council began proceedings to that end under the
provisions of the Charter, which gives the city the right, by
specified legal proceedings, to take the fee of any street
which has been in public use as a highway for more than ten
years. Notice of such intention was declared by the Com-
mon Council Nov. 18, 1889 > followed by notice of determi-
nation ; followed by application for the appointment of com-
missioners; and the appointment, Nov. 21, 1890, of William224
ABOLITION IN BUFFALO OF
W. Hammond, Sylvester F. Eagan, and Clifford W. Nobles,
as commissioners to award compensation to the owners of
property abutting on these streets. The commissioners filed
their report March 31, 1891, awarding nominal amounts, as
had been the usual practice in all such proceedings. Pascal
P. Pratt appealed from the report of the commission and
claimed as substantial compensation a large sum of money.
The report of the commission was referred back to them
with instructions that Mr. Pratt was entitled to substantial
compensation, Judge Beckwith writing the opinion. The
commissioners made a supplemental report awarding to
Pascal P. Pratt the sum of $8,000. The Corporation Counsel
appealed on behalf of the city, to the General Term, where
the order was reaffirmed; thence the city’s appeal was car-
ried to the Court of Appeals, where the decision of the Gen-
eral Term was confirmed with costs. The awards and costs
laid upon the city were as follows:
Pascal P. Pratt.........................$ 8,000 00
A. S. Mann, Jr., U. S. Hotel............ 2,814 10
Costs of searches and appeal............ 1,460 45
$12,274 55
and these amounts were paid March 21, 1892; three com-
plete years from the date when proceedings were begun.
One week after the Governor had signed the amended
bill, the commissioners met at the Merchants’ Exchange com-
mittee room, and after taking the oaths of office, reorganized
by electing R. B. Adam chairman, and W. J. Morgan secre-
tary ; and appointing George F. Mann engineer, and Spencer
Clinton attorney. The engineer was directed to prepare
drawings for the general plan and the attorney to prepare a
report as provided by the Act for filing in the office of the
Clerk of Erie County. The secretary was directed to notify
the officials of all railroads interested that the commissioners
had organized and were ready to make contracts on behalf
of the city, and that a hearing upon the proposed general
plan would be held May 26, 1892.
The South Buffalo Business Men’s Association had been
among the most active and urgent advocates of the abolitionRAILROAD GRADE CROSSINGS.
225
of grade crossings. At a meeting held April 30th the fol-
lowing resolution was unanimously adopted:
“Whereas, The repeated exhibitions of duplicity and double-
dealing on the part of the attorneys and officials of the Erie Rail-
road Company are proofs of the determination of that corporation
to defeat, if possible, any feasible measures which may or can be
adopted for relief from the evils of grade crossings;
Resolved, That this association, composed of citizens of South
Buffalo, who are specially sufferers in this matter, is hereby pledged
to continue the fight by all lawful means, by complaints to the
courts whenever a case cspi be made, by appeal to the city author-
ities, and by all the aid which it can possibly give to the Grade
Crossings Commission in its effort to obtain the necessary legisla-
tion; that we will most earnestly cooperate with any kindred or-
ganization in its efforts to do away with grade crossings, and that
we will devote all the time and effort necessary to rouse the people
of this great city to a determination that grade crossings must go,
even if the Erie Railway has to go with them/’
The Association was understood to represent the unani-
mous demand of the people for the abolition of grade cross-
ings in that section of the city which more than any other had
suffered from these evils. Therefore it was greatly to the
surprise of the commissioners that early in May there sud-
denly arose an opposition to the proposed plans of carrying
the streets in that portion of the city over the tracks by via-
ducts. The following is an extract from the plan recom-
mended by the commission of engineers in their report dated
28th February, 1888: “Provision should be made to relieve
the grade crossing at Elk Street by the tracks of the Lake
Shore & Michigan Southern Railway. On account of the
very low elevation of the ground, it seems impracticable to
do anything but carry the street over by a bridge. And this
should be done. And this bridge should be continued so as
to cross the tracks of the New York, Lake Erie & Western
Railway.” And this was the plan proposed by the commis-
sioners as being the best and most feasible method of treat-
ment in that locality.
The origin of this opposition was told by William
Sheehan, coal dealer, No. 773 Elk Street, in his sworn tes-226
ABOLITION IN BUFFALO OF
timony at a hearing before the Grade Crossings Commis-
sioners, June 3d, in the following words :
Question: What influence has been brought to bear upon you
to act in this matter?
Answer; I have no motive but my own interests.
Question:	How did you come to fake an interest in the ques-
tion?
Answer: I had occasion to go to the City Engineer’s office in
reference to a proposed street which was about to be cut through
from the Erie road to Elk Street. Then for the first time I looked
over these plans and found we were to have a lot of stairs and
bridges. I came away disgusted, and the first man I met was Dr.
Crowe, to whom I recited my displeasure. We concluded to look
into the matter further. We investigated the matter, and next
morning in my office we held the organization meeting of this as-
sociation.
Question: Which viaduct do you. object to principally?
Answer:	To the bridge in Elk Street over the Erie tracks; it
crosses within 300 feet of my property and greatly depreciates its
value.
A meeting was held on Saturday evening, May 7th, in
Burke’s Hall, at the corner of Smith and Elk streets, which
was reported in the Buffalo Courier as follows:
The meeting was presided over by Dr. Crowe. He spoke at
considerable length, telling of the unsightly structures which the
commissioners intended to erect in their midst. The plan seemed
to be all bridges. If those present thought such a plan against
their interests, it was their duty to oppose it. Before him on the
table was a pasteboard model of one of the proposed viaducts. It
was certainly an unsightly object. Dr. Crowe called upon the men
present to express their views. Citizens Sheehan, O’Day, O’Connor,
McMahon and Holmes spoke against the plans, though it was evi-
dent from the beginning to the end of the meeting that hardly any
one present understood the plans as proposed by the commissioners.
A permanent organization was formed to fight the matter before
the commissioners and before the courts if necessary. The officers
were: President, Dr. T. M. Crowe; secretary, J. J. Smith; treas-
urer, Patrick Brady; executive committee, Michael O’Day, William
Sheehan, William J. Holmes, E. R. Brewer and John P. O’Neil.
The Citizens’ Grade Crossings Association held another
meeting in Burke’s Hall, May 10th, Dr. Crowe presiding.RAILROAD GRADE CROSSINGS.
227
Over 200 persons were present. Addresses were made by the
chairman, by Michael O’Day, Alderman Summers, ex-Al-
derman Hillery, Rev. Father McDermott, and others. It
was announced that the officers of the association had de-
cided to appear before the Grade Crossings Commissioners
on the 26th and present in the form of a petition the wishes
of the people. “When it was suggested that the next meet-
ing be held in Gammel’s Hall on Seneca Street, some one
moved that the City Engineer be asked to attend and give his
side of the case. William Sheehan at this stage showed
signs of alarm, and said they didn’t want Mr. Mann among
them at all. As the author of these plans of course he
would try and defend them, and make converts if possible.
'What we want to do,’ said Mr. Sheehan, 'is to concentrate
our thoughts on the bad side; we don’t want to see any
good side.’ And the motion was withdrawn. Mr. O’Connor
and Mr. Hillery, as members of the South Buffalo Business
Men’s Association, denied that the proposed plans had been
approved by that body.”
Whatever may have been the motive, however good the
intentions of the men who started the movement, it quickly
ran beyond their control, and led up to a period of great
excitement. In the end no great harm was done, and some
good grew out of it, but the lot of the Grade Crossings Com-
missioners was not a happy one during these days and nights
of warm discussion. They were characterized by some of
the speakers at public gatherings as "high-toned polished
anarchists who sitting in their easy chairs in their voluptu-
ous uptown residences”; who knowing nothing of the wants
of the people living on Elk Street, had approved plans
which would be death-traps more dangerous and deadly
than the grade crossings; plans which would ruin the prop-
erty and destroy the little homes of the honest, hard-work-
ing men whose savings of a lifetime would thus be sacri-
ficed ; plans so costly that the taxes would be doubled; plans
which would benefit nobody but the railroads, the contrac-
tors, and the commissioners themselves, "for,” said one of
the speakers, "there is a little nigger in the wood-pile. The
railroads are in it. There is plenty of boodle for some men228
ABOLITION IN BUFFALO OF
in these plans and the railroads are willing and glad to pay
it. The men who push these plans must have some un-
worthy motive for doing so. They must be dishonest”—the
speaker paused, bethought himself for a moment, then
added in diplomatic phrase—“dishonest in their pretensions
to be working for the interests of the people.”
Some of the daily newspapers had broadly hinted their
suspicions that the Erie Railway had instigated this move-
ment of opposition and was thus following up its determina-
tion to obstruct and delay the carrying out of the plans to
abolish grade crossings. A number of Erie employees were
prominent in the opposition, and they wished it to be dis-
tinctly understood that they were acting purely of their own
volition as property-owners, and were not inspired by Erie
considerations. At the next meeting of the Citizens’ Grade
Crossings Association, held in Gammel’s Hall May 12th,
great indignation was expressed over the insinuations that
Erie influences were at work, and in most emphatic words—
words more emphatic than elegant—the assertion was denied
and denounced.
Dr. Crowe was asked on one occasion what the associa-
tion desired to have done; and he replied, “Well, you see,
we are not engineers. We are plain, every-day sort of people,
and expect the engineering talent to be supplied for us. In
the absence of any proper plan we would say it would be
better to leave the situation as it is.”
Dr. Crowe did not regard the elevation of the tracks as
the solution of the problem. He said: “It would be ridicu-
lous to elevate the tracks as they now are. Our association
will not take any position to necessitate any railroads to
abandon their tracks at grade. We don’t believe there
ought to be any compulsion whatever placed upon any rail-
road to elevate or remove its tracks.” Continuing, he said:
“Some of us interested in this movement are getting up a
plan which we will submit.” Another time he said: “There
is a solution of the existing problem, and one that can be
brought about without cost to the city or railroads. The
city should have one terminal depot for the accommodation
of all passengers coming to or leaving the city. Let the cityRAILROAD GRADE CROSSINGS.
229
procure plans for a series of parallel tracks elevated twenty
or twenty-two feet above the level of the streets, supported
as a solid embankment, with stone arches over every street
crossed. The sides of the embankment might be nicely
decorated with small trees, shrubbery and flowers, so as to
be an ornament instead of a disfigurement. The elevated
tracks could run direct from a terminal depot to the city
limits and there meet a belt-line track that would tap all the
roads coming into the city. The passenger trains on the dif-
ferent roads coming in might proceed to a point where they
touched the belt line and enter in that way, taking the ele-
vated tracks to which all should have equal access. In that
way all danger and all obstructions could be avoided. For
freight traffic a large warehouse could be built at some con-
venient point with elevated tracks running to it in a similar
way. Sub-warehouses might be erected at one or two points
along the route for the accommodation of business establish-
ments, their branches and switches. The plan I suggest con-
templates the removal of the present railroad tracks from a
valuable area in the heart of the city some two miles long
and one mile wide, and the sale of this land. The amount of
money which the railroads would thus obtain would not only
reimburse them for the removal of their tracks, but would
also give them a handsome sum to more than pay for other
and less valuable land on which they could erect, outside the
city, much better and more serviceable buildings than they
now have and at the same time make a more desirable pro-
vision for their lines.”
NOTICE.
To the city of Buffalo, the railroad companies interested and
all other persons interested, notice is hereby given that the general
plan proposed to be adopted by the Grade Crossings Commission
for the relief of the city from obstruction of the streets of the city
of Buffalo by railroads crossing the streets at grade, has been filed
in the office of the City Engineer of the Bureau of Engineering
of the city of Buffalo, and that a hearing will be had thereon by
said Grade Crossings Commissioners on the 26th day of May, A. D.
1892, at ten o’clock a. m., in the room of the Board of Councilmen
in the City and County Hall, in the city of Buffalo, at which time280
ABOLITION IN BUFFALO OF
and place all persons interested will be heard in relation to said
proposed plan or any part thereof.
By order of the Grade Crossings Commission.
William J. Morgan, Secretary.
Dated, May 12, 1892.
On the morning of the hearing crowds of people were
gathered in the street in front of the City Hall where a huge,
unsightly framework structure of. pine timber had been
erected. Indeed it was a hideous-looking thing. The objec-
tors to the plan to carry the streets over the railroad tracks
by bridges had built the grotesque thing as an object lesson
to show what they supposed the bridges would look like.
Inside the City Hall the crowd was so great that it was
apparent the chamber assigned for the hearing was much too
small, and so the large chamber occupied by the Board of
Aldermen was opened for the proceedings, by the chairman
of the Grade Crossings Commission, at 11 o’clock. There
were present Commissioners Adam, Morgan, Kendall, Ryan,
Kirkover, and Sandrock; Engineer Mann and Attorney
Clinton.
The notice calling the hearing was read by the secretary.
No one appeared for the city. A few technical objections
were made by railroad attorneys, which were ruled out of
order as not bearing upon the purpose of the hearing. Then
a number of citizens were heard in objection to the proposed
viaducts in Seneca and Elk streets and Abbott Road.
Opinions were advanced that the grades of streets and rail-
roads remain unchanged if the railroad tracks were not ele-
vated or the streets taken under them. Some maintained that
all railroad tracks should be elevated. Objections were
made to the closing of certain streets which would be
closed if the proposed plan was adopted. Objection was
made to the proposed cut through the Terrace. The gen-
eral sentiment was in favor of abolishing grade crossings
and some good suggestions were made as to the best plans
for approaches to viaducts. The hearing continued through-
out the day, with a short interval at noon, and was adjourned
to the evening of June 3d. This was done at the request of
the president of the South Buffalo Business Men’s Asso-RAILROAD GRADE CROSSINGS.
231
ciation and others, to give opportunity to members of the
Citizens’ Grade Crossings Association who could not attend
during the day. It was a lively meeting. President Crowe
conducted the examination of witnesses. Much time was
being consumed by sworn testimony that the Erie Railroad
had not influenced the action of members of the association,
and the commissioners objected to the waste of time. With
shouts and hisses the spectators demanded that the witnesses
be heard. Some of the speakers, especially one or two who
ought to have known better, were loud and abusive in their
language. Beyond receiving objections from a number of
citizens who believed that their property would be depre-
ciated in value, or their business interests interfered with, by
the proposed viaducts, nothing was gained on that occasion,
and at a late hour the hearing adjourned until June 14th at
10 o’clock a. m.
On that day the session was given to the railroads.
Objections and protests were made by Franklin D. Locke for
the Delaware, Lackawanna & Western Railroad, by E.
Carleton Sprague for the Erie, by George C. Greene for the
Lake Shore, and by Frank B. Rumsey for the Western New
York & Pennsylvania Company. The hearing adjourned at
noon, until 7130 in the evening.
The evening session of June 14th was unique and breezy.
One of the orators at an evening meeting of citizens in East
Buffalo is reported to have said: “Get the women interested,
my friends, and send them up to the City Hall. If they get
after the commissioners the Salvation Army can’t save
them.”
The first witness called by President Crowe was Mrs.
Frances Michael, of No. 724 Perry Street, who said among
other things: “The commission does not want to listen to
the men that speaks for us, and means business and is inter-
ested in the welfare of our people. Now, we women will
try and let you hear, and we will tell you what we will do.
If these plans are not altered by good words we will have to
use force as best we can. We women will practice how to
use the crowbar and the sledge, and the first stone that will
be laid for the viaduct we will take it up again. By all282
ABOLITION IN BUFFALO OF
means we women are perfectly willing to fight if it becomes
necessary.”
E. R. Brewer, a railroad engineer, of No. 235 Peabody
Street, was the next witness. He objected to the viaducts
in Seneca, Elk and Perry streets, and pictured the injury
they would do his and other homes. “We are bound to have
justice,” he cried, “yes, justice. If we cannot get justice
before the commissioners we shall go to the courts. If we
cannot get justice from the courts we shall shoulder our
arms and fight, and lay down our lives for our rights. This
is no joke or idle threat. I mean it, I would just as soon die
with a musket in my hands as have the Grade Crossings
Commissioners rob me of my home and all that I hold dear.
Yes, gentlemen; my home was built from the frugal savings
of a small income for which I worked twelve hours a day.
You shall not take it from me without a struggle, and I will
shoulder my gun before you shall do it. If you do not hear
from us now, and do not heed us now, you will hear from us
later on. Later on—you hear me!—later on! I tell you,
gates are good enough for the people of South Buffalo.”
Mrs. Michael Martin, of No. 779 Elk Street, testified in
answer to questions put by Dr. Crowe, that she owned prop-
erty which would be injured by the proposed viaducts; that
she would rather have the crossings remain on grade than
submit to these abominable bridges and steps; that she
would rather keep her children at home in ignorance than
have them go to school over these bridges, and run the risk
four times a day of coming home cripples; and that she
would make a desperate effort to obtain compensation for
damages done to her property which she thought would be
the full value of the land.
After hearing other testimony of similar character ad-
journment was taken until June 29th, but before that day
arrived other business intervened, the course of events
changed, and no further hearings of citizens were held.RAILROAD GRADE CROSSINGS.
283
X. Experience with Experts—A Contract at Last.
In the Board of Aldermen, June 16th, Alderman Sum-
mers introduced a preamble and resolution requesting the
Grade Crossings Commissioners to employ two competent
consulting engineers to act with the chairman of the Board
of Public Works, in carefully investigating the General Plan
proposed to be adopted, and report whether in their judg-
ment such plan was the best to be adopted; and if they
conclude that some other plan would be more feasible and
beneficial, to report the general outlines of such plan. The
resolution was referred to the Grade Crossings Commission.
In the Board of Councilmen, June 18th, President Hanrahan
introduced a preamble and resolution of similar effect, which
was unanimously adopted.
On June 27th the Grade Crossings Commissioners voted
to comply with the request of the Common Council, and
employ two consulting engineers. E. L. Corthell of Chicago,
and A. W. Locke of North Adams, Mass., were selected to
act with Chairman George S. Field of the Board of Public
Works. The two engineers arrived in Buffalo July nth,
met the commissioners and were given a letter of instruc-
tions, which, after reciting the preamble and resolutions of
the Board of Aldermen, said:
“Your attention is called to the following facts which must be
borne in mind as to a certain extent restricting the field of your in-
quiry, as they restrict the action of the commission.
“1. That the city has entered into contracts with the New York
Central Railroad Company, and the Lehigh Valley Railroad Com-
pany, which determine the character of the structures, at the follow-
ing crossings: subways at William Street, Fillmore Avenue, Clinton,
Eagle, South Division, Seneca and Jefferson streets; viaducts at
Louisiana, Chicago and Michigan streets; bridge at Washington
Street; beam tunnel at Main Street.
“2. The plan to be adopted by the commission must provide for
eliminating the evils of the crossings of the streets by railroads with
the least injury to the property of our citizens and of the railroads;
to cause the least inconvenience to our citizens in the use of the
streets, and yet not to burden the railroads beyond their capacity to
transact their business, and to provide in the plan for improvements284
ABOLITION IN BUFFALO OF
which will not be too costly. The commission has sought to do this
in the plans submitted to your consideration.”
The engineers made a comprehensive study of the situa-
tion, occupying portions of two months therein, and when
their report was ready for signing, they invited the chair-
man and attorney of the Grade Crossings Commission to
hear their conclusions. The three engineers, Corthell,
Locke and Field, were present, and after the draft of the
report had been read, they were told that their plan, in its
main features, was a reproduction of the Buchholz plan
which the city had approved and had been obliged to aban-
don as utterly impracticable, and that it was useless to think
of attempting to carry it through. They were also told that
they had entirely disregarded the letter of instructions from
the commissioners, in that they had ignored the contracts
already entered into, and therefore their proposed plan was
not acceptable or feasible. The interview did not change
the opinions of Messrs. Corthell and Locke, but probably
suggested the minority report of General Field.
The report signed by Messrs. Corthell and Locke, dated
Sept. 6, 1892, was elaborate in the extreme. Going back to
the beginning of the movement, it went over the ground
which had been covered again and again by engineers and
commissioners; gave the physical features and commercial
and statistical history of the city, described and criticized in
detail the proposed plans, and finally presented their own
recommendations for joint elevated terminal passenger and
freight stations. The union passenger station for all rail-
roads entering the city to be located at the present New
York Central and the Erie depots, and to be elevated
eighteen feet or so above the street level, with hydraulic
elevators for passengers, baggage, express and postal mat-
ter, arranged generally like those for the same purpose in
the large station at Frankfort, Germany, and other large
cities in Europe. The union freight station to be also ele-
vated and provided with hydraulic elevators, and reached by
teams going up long, wide, easy ramps. At the dock ter-
minals, also elevated, freight elevators handled by hydraulic
power would afford convenient methods of handling theRAILROAD GRADE CROSSINGS.
285
business. The main railroad lines, the connecting lines, and
terminals at docks, to be raised sufficiently to allow the
streets to be depressed and carried under without interfering
with sewers. The cost of these improvements, as estimated
by the engineers, would be $10,450,000.
With reference to the existing contract with the New
York Central Railroad the engineers reported: “We can
not recommend the carrying out of this contract, for the
reason that the plans on which it is based do not meet with
our approval. .	.	. We believe the railroads would find
it greatly to their advantage to agree with each other upon
the terminal plans we have herein recommended; but if any
road should decline to enter into it, or if it should be found
impracticable to come to an agreement, the difficulty could
be remedied by special legislation/’
The chairman of the Board of Public Works did not
fully accept the conclusions of Messrs. Corthell and Locke.
Sept. 12, 1892, he wrote:
“I heartily concur in their plan, proposed as an ideal plan, and
if there were not insurmountable obstacles in the way you would,
I am sure, at once come to a unanimous conclusion as to the best
plan to be adopted. But unfortunately you face a condition of af-
fairs apparently not fully understood by Messrs. Corthell and
Locke. . . . Your best efforts must be directed to attain such
results as are possible under the conditions which exist; they may
not be perfect, but they will be a very great improvement over
present conditions. There should be a free and unobstructed route
for traffic to the southeastern part of the city through Elk Street
and Abbott Road; to the east through Seneca and Clinton streets;
northerly through Hamburg and Michigan streets; by which the
streets named can be traveled by people driving or walking without
encountering a single railroad track on grade. No one expects the
impossible; all expect relief.”1
1. In his Historical Society paper, Mr. Adam summarized the above in-
structions of Gen. Field, and added:	“And here I may quote from Colling-
wood’s ‘Life and Works of John Ruskin/ a sentence which admirably gives the
exact situation in which the grade crossings commissioners found themselves:
‘An ideal, to be an ideal, is something out of reach; something to aim at, not
to attain; the rest of us are content to be opportunists, to do the best we can
with the materials we have.’ And that the Grade Crossings Commission tried
to do.”236
ABOLITION IN BUFFALO OF
After having read and considered the two reports, the
Grade Crossings Commissioners voted, October 8th, that the
report of Messrs. Corthell and Locke was unsatisfactory
and not in accordance with instructions given them; and
that it will be transmitted, together with the report of the
chairman of the Board of Public Works, without any recom-
mendation, to the Common Council.
President Crowe of the Citizens’ Grade Crossings Asso-
ciation is reported to have said: “Personally I favor those
plans of Messrs. Corthell and Locke so far as they provide
for track elevation and concentration. I disagree as to the
details and believe a far better result can be secured by dif-
ferent grouping of tracks, accommodating a greater amount
of traffic with much less trackage.”
The commissioners now resumed negotiations with the
officials of the New York Central, for modifications of the
plans under the original contract; and Engineer Mann met
President Depew and Engineer Katte in New York relative
to such proposed changes; but under date of November
29th the chief engineer wrote: “It is not apparent to this
company that there are any good reasons for asking further
modifications of the existing contracts, and especially for the
scheme now presented which would involve utter demoraliza-
tion of the company’s traffic, soon to be still further very
largely increased by the impending World’s Fair business,
and it seems necessary for this company to say decidedly
that it cannot even agree to consider any modifications of
contract until the present pressing exigencies are past.”
The commissioners would not be satisfied until fuller infor-
mation upon the proposed changes could be laid before the
authorities of the Central road, and a committee consisting
of Commissioner Adam, Attorney Spencer Clinton, Engineer
Mann, and Chairman George S. Field of the Board of Public
Works, went to New York, where the modifications proposed
were shown to be advantageous alike to the railroad and to
the city, and President Depew agreed to adopt them, pro-
vided the cost were not greater than the original plan. Esti-
mates showed less cost, and these changes of plan were in-
cluded in the contract subsequently entered into.RAILROAD GRADE CROSSINGS.
237
Again taking up the hearing upon the general plan pro-
posed to be adopted, the commissioners sent notices to the
several railroad companies of a continuation of the proceed-
ing which had been commenced May 26th and interrupted
since June 14th, and called a meeting for December 15th, but
for various reasons the railroad attorneys were not prepared
to go on, and adjournment was made to Jan. 4, 1893, and the
commissioners gave notice that that would be the final hear-
ing. The hearing was held according to appointment, and
continued through the 4th and the forenoon of the 5th.
Present, Commissioners Adam, Sweet, Kendall, Scheu, Kirk-
over, Butler and Sandrock, Engineer Mann, railroad attor-
neys Locke, Greene, Brownell, Rumsey and McMillan. Mr.
Greene examined witnesses in opposition to proposed
change of plan for Hamburg Street. Mr. Brownell offered
in evidence as a proposed change of plan the report of
Messrs. Cothrell and Locke. He examined witnesses to
show that since the six miles an hour ordinances adopted
March, 1892, had been enforced, no accident had happened,
and argued that therefore no other protection was needed at
the crossings. He was not ready with further evidence and
asked an adjournment for a week or ten days. The com-
missioners, in executive session, considered whether they
should allow further time to the railroads, and decided not
to do so. The chairman declared the hearing closed.
April 3, 1893, Hon. John J. Clahan introduced in the
Assembly at Albany, by request, a bill amending the Grade
Crossings Act, by removing the commissioners, by providing
awards for consequential damages to property, and by pro-
hibiting the closing of any street. No direct reference was
made in the bill to the removal of the commissioners, but
their names were enclosed in parentheses to show that that
part of the original Act was to be omitted in the amendment
thereto. The bill was accompanied by a petition dated
March 28, 1893, which recited that the Grade Crossings
Commission had been in existence for five years and had
accomplished nothing in actual work; asked that it be abol-
ished by the Legislature and that the business of the com-
mission be placed in the hands of. men better qualified; pro-238
ABOLITION IN BUFFALO OF
posed that the new commission consist of a smaller number
of persons and that they receive adequate compensation for
their services. “We have no faith/’ said the petitioners, “in
the old exploded theory of honorary commissioners serving
without pay.” The petition concluded by saying:
We urge upon the Legislature the wisdom of prompt and speedy
action, in the hope that some good may be accomplished in the life-
time of the present generation. And your petitioners will ever pray.
East Buffalo Grade Crossings Association,
Samuel J. Ramsperger, President.
Casper L. Drescher, Secretary.
The introduction of that bill at Albany produced quite a
little whirl of excitement in Buffalo, and provoked consid-
erable irritation. The newspapers were full of it. Brilliant
head-lines over columns of dispatches from Albany corres-
pondents ; columns of editorial comment and criticism; in-
terviews with citizens and legislators; reports of public
meetings held by the East Buffalo Grade Crossings Asso-
ciation in favor of the bill. The bill did not become a law.
The New York Central Railroad Company having agreed
to elevate the tracks on an average of about seven feet from
the crossing at South Division Street to the crossing at
William Street inclusive, it was necessary to make new
plans for that part of the work. The making of the surveys,
the drafting of plans to show these changes, and the prepa-
ration of plans for the improved structures at Elk Street,
Abbott Road and other crossings, occupied the engineers
until the end of August.
One of the sections of the Grade Crossings Act of 1892,
provides that before adopting, altering or modifying any
plan, the commissioners shall give a hearing thereon, and
shall give notice of their intention ten days before the first
hearing, and file a plan in the City Engineer’s office for
examination. They shall hear the railroad companies inter-
ested, and the city, and any party interested; any of whom
may propose changes, or modifications, or may suggest a
new plan. After having heard all parties, the commission-
ers shall decide upon and adopt a plan, and shall file their
report thereon, together with the evidence submitted beforeRAILROAD GRADE CROSSINGS.
239
them, in the office of the Clerk of Erie County; and there-
upon it shall become the plan to be executed under the pro-
visions of the statute.
The plans being all prepared and filed, legal notice was
given for a hearing thereon, September nth, in the Grade
Crossings Commission room in the Municipal Building. No
one appeared for the city. Robert S. Brown, who had
spoken at the hearing, June 14th, in opposition to the former
plans, appeared for property owners along the line of the
New York Central between Swan and William streets, and
said that the proposed plan for elevating the railroad tracks
and depressing the streets to carry them under the tracks
was satisfactory to the property owners. Attorney D. H.
McMillan said the New York Central was ready to make a
contract upon those plans. The other railroad attorneys
asked that special days be set apart for each railroad, and
this was agreed to. Beginning on September 18th, the com-
missioners held eight sessions on as many days, the last on
October 1st. They heard the objections and suggestions of
the attorneys and engineers; decided upon the details of the
general plan, and directed the engineer to prepare new draw-
ings of all the changes proposed. These were completed
October 16th, examined, approved and filed in the City En-
gineer’s office for examination by parties interested. After
due legal notice, it was by the commissioners
Resolved, That the proposed plan, as modified, filed in the of-
fice of the Chief Engineer of the Bureau of Engineering, Oct. 21,
1893, be adopted as the general plan for the abatement of grade
crossings of the streets in the city of Buffalo, and that the attorney
for the commissioners file said plan as directed by the statute in the
Clerk’s office of Erie County, together with the evidence taken on
the hearing upon the proposed plans, and the modifications of the
same.
The report was duly filed November 18th, and notices to
that effect sent to all the railroads. The reply which came
from the attorneys of the Erie, dated November 27th, said:
“The New York, Lake Erie & Western Railroad Company
is not prepared to enter into the contract mentioned in your
notice”; and from the attorneys of the Buffalo Creek Rail -
road Company, dated Jan. 3, 1894, that circumstances had240
ABOLITION IN BUFFALO OF
prevented an earlier reply, and that “the Buffalo Creek Rail -
road Company is not ready to enter into such contract.”
Other railroads acknowledged receipt of the notice, and
nothing more.
May 21, 1894, a draft of the proposed contract with the
New York Central and West Shore railroad companies was
received from General Counsel Loomis. The original con-
tract of 1889 had provided that consequential damages to
property, as determined by a commission appointed by the
Supreme Court, were to be paid in the proportion of two
thirds by the railroad company and one third by the city.
When the modified plans were accepted by President Depew
it was agreed that the new contract would be the same as the
first contract in all particulars, except as it related to the
modified plans. The draft submitted made no provision for
the payment of awards allowed for consequential damages,
therefore leaving them for the city to pay. This question
was in dispute for many months, and failure to agree upon
so important a matter had been the cause of the long delay
in making the new contract; the commissioners demanding
the original agreement. On July 20th, Attorney D. H. Mc-
Millan, on behalf of President Depew, submitted a com-
promise proposition that the company and the city would
each pay one half of such consequential damages; and after
long discussion and hesitation the commissioners agreed
thereto. But a further delay was caused by a modification
of a portion of the plan for elevating the railroad tracks, and
another public hearing was necessary. The hearing, duly
advertised, was held November 15th; the modification
adopted and the report filed, November 26th; and the con-
tract between the New York Central and the West Shore
companies, dated Nov. 30, 1894, was duly executed and re-
ported to the Mayor arid Common Council.
XI. Clearing Away Legal Obstructions.
The adopting and filing of the general plan, Nov. 18,
1893; the failure of many of the railroads to enter into con-RAILROAD GRADE CROSSINGS.
241
tracts; the evident intention to delay indefinitely the consid-
eration of the apportionment of cost; made operative the
provision of the statute that in such event the commissioners
could apply to the Supreme Court for the appointment of
three commissioners to determine the proportions; and on
Jan. 27, 1894, the commissioners resolved to notify the rail-
roads that such application would be made; and May 21st,
Attorney Spencer Clinton was instructed to prepare the
requisite petitions and applications. Proceedings were com-
menced September 4th, at a Special Term of the Supreme
Court, by petitions for the appointment of three commis-
sioners to apportion the cost of the improvement upon the
city and upon each of the railroad companies: The Lake
Shore & Michigan Southern Railway Company; the West-
ern New York & Pennsylvania Railroad Company; the
Buffalo Creek Railroad Company; the New York, Chicago
& St. Louis Railroad Company; and also for the special
commission for the New York, Lake Erie & Western Rail-
road Company, as provided in the statute. Adjournment was
made until September 20th, when the railroad attorneys
presented objections to the petitions and to the appointment
of the commissioners, alleging every conceivable ground,
including denial of the jurisdiction of the Grade Crossings
Commissioners ; denial of the validity of the Grade Cross-
ings Act; denying the application of the law to the pro-
ceedings; denying the legality of the plan of the commis-
sioners; objecting to the wording of the petition, and ob-
jecting to the manner of the service of the notices.
The objections were overruled by the court, the notices
were held to be valid, the appointment of commissioners
seemed to be assured and near at hand; when, in the course
of the arguments, a new objection was raised that the Union
Terminal Railroad Company and the Buffalo, New York &
Erie Railroad Company had not been included in the pro-
ceedings. It was at first thought that they could be still
brought in; and the Grade Crossings Commissioners in-
structed their attorney to prepare petitions for commission-
ers to make apportionment for these two companies also;
but then it was still further objected that these companies242
ABOLITION IN BUFFALO OF
had been notified of the hearings of the Grade Crossings
Commission upon the proposed general plan prior to its
being adopted, and that they had not been afforded the
opportunity to be heard thereon as provided in the Act. The
Union Terminal Railroad Company did not exist as a rail-
road ; it owned lands which had been acquired for railroad
purposes, almost all of which it had leased to the Western
New York & Pennsylvania Railroad Company, and upon
which the tracks of the latter company had been laid. The
Buffalo, New York & Erie Railroad Company had leased
all its property to the New York, Lake Erie & Western
Railroad Company for a very long term of years, possibly
five hundred, and was not interested in these proceedings.
The two companies were ghosts of railroads, and existing
only as legal fictions. But in the law a fiction must some-
times be dealt with as a fact, and so it was in this case. And
therefore it became necessary for the Grade Crossings Com-
missioners to begin all over again the procedings prelimi-
nary to the adoption of a general plan, going back to where
they stood before Nov. 14, 1893. Their attorney was in-
structed to discontinue and abandon the then pending pro-
ceedings before the Supreme Court for the appointment of
commissioners to apportion the cost, and they ordered the
publication of the following call for a meeting:
Notice is hereby given that the Grade Crossings Commissioners
of the city of Buffalo propose to adopt, re-adopt, modify, alter and
amend a general plan for the relief of the city from the present and
prospective obstructions of the streets of the city by railroads cross-
ing the same at grade; and all railroad companies which are to
bear any part of the work for which such plan is made, and the
city of Buffalo, and all other persons and parties interested are
hereby notified that a meeting of the said Grade Crossings Com-
missioners will be held on the 22d day of December, 1894, in room
No. 26 in the Municipal building of the city of Buffalo, at 10 o'clock
a. m., to consider said plan and any modification and alteration
thereof and any proposed change therein, and any new plan that may
be suggested. The Grade Crossings Commissioners give notice that
they make known the plan and modifications of the plan proposed to
be adopted by them by this day filing such proposed plan and modi-
fications of the plan in the office of the Chief Engineer of the BureauRAILROAD GRADE CROSSINGS.
243
of Engineering and by publishing this notice thereof in two daily
newspapers published in the city of Buffalo for at least ten days be-
fore the first hearing thereon.
The hearing began at ten o’clock in the morning and con-
tinued until long after ten o’clock at night; and in the pro-
ceedings of these twelve hours were received a condensed
summary of all the obstructive and dilatory tactics of the
railroad attorneys to which the commissioners had been
treated during the preceding six years. All the commis-
sioners were present except Mr. Butler, who was in Europe.
After the notice calling the meeting had been read, the
chairman explained that the primary object of the hearing
was to give opportunity to the representatives of the Union
Terminal Railroad Company, and of the Buffalo, New York
& Erie Railroad Company, to be heard upon the general plan
proposed to be adopted.
“We are ready to hear from the representative of the
Union Terminal Railroad Company.”
General Counsel Frank Rumsey said his company had
objections to offer, without conceding the jurisdiction of the
commissioners. “We desire a day fixed to hear testimony.”
“That day has been fixed for today by the notice given.
What objections have you to this plan?”
“A great many.”
“We are ready to hear them.”
“We have a great deal of testimony to introduce.”
“We are ready to hear it.”
“I did not think it would be heard today.”
“That is what we are here for.”
“I thought a day would be fixed for us.”
“It is fixed.”
“The notice was somewhat vague and uncertain.”
“You had proper notice.”
And as Mr. Rumsey was not ready to go on, the Buffalo,
New York & Erie Railroad was called. Mr. George F.
Brownell intimated that D. N. Lockwood, president of the
company, was on his way from New York to attend the hear-
ing and would appear later in the day.
Although the purpose of the hearing was perfectly well244
ABOLITION IN BUFFALO OF
understood, the railroad attorneys saw in it an opportunity
for a protracted proceeding which, if skillfully managed,
might cover many days, probably weeks, and if a sufficient
number of adjournments could be gained, it might possibly
extend to months. But their eagerness to force this delay
led them into such questionable methods as defeated their
own purpose.
The Lake Shore & Michigan Southern Railway Com-
pany being called, General Counsel George C. Greene offered
technical objections to the proceedings; objected to the
plans to be adopted, and called witnesses to show injury to
property of the company if the plans were carried out; the
same objections having been brought before the commis-
sioners at previous hearings. While Mr. Greene was wait-
ing for a witness, Mr. Milburn pleaded for a hearing for the
New York, Chicago & St. Louis Railroad Company, prom-
ising to finish in two minutes. He objected to the new plan
because it was not such as was required by the statute, and
did not contain sufficient information to show to the road
he represented what work was proposed to be done. “If
you’ll note that objection I’ll take myself and my company
away.” Mr. Greene resumed the examination of witnesses,
continuing until 12.30 p. m., when a recess of thirty minutes
was taken, and for some time afterwards he held the floor.
Mr. Rumsey then renewed his application for an ad-
journed hearing of the Union Terminal Railroad Company,
and was informed that the commissioners would consider
his request later and in executive session.
Hon. D. N. Lockwood, president of the Buffalo, New
York & Erie Railroad Company, requested time to examine
the plans, and received the same answer.
George F. Brownell asked that a day be set for a hear-
ing of the Buffalo Creek Railroad Company, and for the
New York, Lake Erie & Western Railroad Company, and
received the same reply.
The public hearing was suspended for a few minutes and
in executive session the commissioners resolved to deny the
applications for delay, and go on with the hearing. In
resumed open session they announced their decision to theRAILROAD GRADE CROSSINGS.
245
railroad attorneys. Mr. Rumsey began a system of irrele-
vant testimony, was called to order and told to confine his
remarks and questions to the discussion of the plans before
the commissioners. In reply to a question he denied that he
had made an agreement with another attorney to consume
a certain amount of time, but continued ostentatiously to
waste time until 6.30 p. m., when a vote was passed by the
commissioners that all the railroad attorneys would be
limited to thirty minutes each in which to argue and close
their cases, and a recess of thirty minutes was then taken.
At 7.10 o’clock the hearing of Mr. Rumsey was resumed.
He presented twenty-one objections, which included every
detail of the proposed plans which would affect the property
or interests of the Union Terminal Railroad Company. He
took them up separately, explaining the grounds of each of
them in turn, until told that his time had expired.
“It is evident to every member of this commission,” said
the chairman, “that of your half hour twenty-five minutes
have been uselessly wasted. Everything you have brought
out could have been done in five minutes.”
Then Mr. Brownell began by renewing his motion for
adjournment to another day, and it was denied. He ex-
hausted his time in objecting to everything the Grade Cross-
ings Commissioners had done and proposed to do; he ques-
tioned the legality of the Act which appointed the commis-
sioners, complained that his company had not been served
with proper notice, and concluded by corroborating the
statement of Mr. Rumsey that no agreemnt had been entered
into to delay the adoption of the plans.
“Do you deny there was such an agreement?” asked
Commissioner Weber.
“I do,” said Mr. Brownell.
“Then I will call a witness,” said the commissioner, and
William H. Newerf was put on the stand and duly sworn.
Being asked to sfate what he had heard he said: “Immedi-
ately upon the re-assembling of the commissioners after the
executive session, Mr. Locke, Mr. Brownell and Mr. Rum-
sey were talking together. ‘We will keep them till twelve,’
said Mr. Brownell; and I heard him ask Mr. Rumsey how246
ABOLITION IN BUFFALO OF
long he could engage the attention of the commissioners.
'About an hour and a half/ he answered; 'how long will
you take?’ 'Oh, I can keep them busy for two hours and a
half/ 'Good/ chuckled Mr. Locke; 'go ahead, I'll stand by
you/ ”
Continuing, Mr. Newerf said that he appeared as a dele-
gate from the South Buffalo Business Men’s Association;
said that the plans were perfectly satisfactory to that asso-
ciation, and that they urged their immediate adoption.
F. P. Boechat, R. M. Choate, and Col. Rodney M. Taylor
of South Buffalo gave similar testimony as to the demand of
their people. About io o’clock a motion was made and car-
ried that the hearing be declared closed, and that the com-
mission go into executive session. The objections raised at
the hearing were duly considered and discussed; and by a
unanimous vote the general plan was adopted. On Monday,
December 24th, the plan was duly filed in the office of the
Clerk of Erie County.
The newspapers of the day applauded the commissioners
for their action. Said one:
“In these degenerate days, when public officials are controlled
by great corporations, especially by the railroads and trusts, it is
inspiring to see public-spirited business-men devote many hours
during their busiest season to the public interests, particularly when
such service is without hope of compensation, and more especially
when they are compelled to ‘lock horns’ with a railroad com-
bination powerful and unusually combative. But yesterday Buf-
falo’s Grade Crossings Commission locked horns with the railroads
in a positively refreshing manner. Tired of the procrastinating
methods of the railroads and their attorneys the cojnmissioners made
them dance the liveliest dance in the history of the commission.”
Another said:
“The attorneys for the railroads resorted to every possible sub-
terfuge for delay, but the commissioners took firm stand and did
precisely what the citizens of Buffalo are demanding that they do.”
Another said:
“The commissioners are entitled to great credit for their firm-
ness, as they have been at all times for their patience, in dealingRAILROAD GRADE CROSSINGS.
247
with this vexed and vexing problem. They have reached the point
where patience ceases to be a virtue.”
And still another:
“The Grade Crossings Commissioners gave the people of Buf-
falo the best possible Christmas gift in adopting a plan for the re-
moval of the dangerous and damaging nuisance of railroad cross-
ings at grade. . . . They have been patient with the railroads to
the utmost limit of endurance, and the summary action at last
taken will be heartily approved by the public sentiment of the
city.”
XII. Consummation.
The way being now clear of all legal obstructions, the
Grade Crossings Commissioners, in January, 1895, again
presented their petition to the Supreme Court for the ap-
pointment of a commission to apportion the cost of the ap-
proaches between the railroads and the city. Objections were
again filed by the railroad attorneys, and on March 12th they
were over-ruled and set aside. The proceedings were ad-
journed and continued from time to time, and are still held
open.1 The motion for appointment was not pressed, because
in the meantime negotiations began with the railroad com-
panies, and in good faith, with contracts in view.
The next contract made was with the Delaware, Lacka-
wanna & Western Railroad Company, and dated March 6,
1895. It provides for the elevation of the railroad tracks at
the crossings at Seneca Street, Elk Street and the Abbott
Road, and the carrying of these three streets under the rail-
road tracks. Unwilling to accept the apportionment of cost
agreed upon between the city and the New York Central
Railroad, the Lackawanna claimed the appointment of a com-
mission to decide that question, as it had a legal right to do.
By mutual consent application was made in Special Term of
the Supreme Court for appointment of a commission, and the
Court named Francis R. Baxter, George F. Yeomans, and
1. This was apparently written in 1897.248
ABOLITION IN BUFFALO OF
Edward A. Neale, as such commissioners. They made a
report November nth, that the city should pay 45% of the
entire cost of changing the grade of the railroad and of the
street, and that the railroad should pay 55%. An appeal
was taken for the city, and the commissioners’ report was
confirmed, Feb. n, 1896.
Next in order of time came the contract with the Lake
Shore & Michigan Southern Railway Company, which was
signed Oct. 1, 1895, under the same conditions and terms
of apportionment as agreed between the city and the New
York Central.
The financial condition of the Erie Railroad, the Western
New York & Pennsylvania, and the New York, Chicago &
St. Louis Railroad, was the main reason, if not the only
reason, for their continued refusal to enter into contract
with the city; and when it became apparent that only by
meeting that condition squarely would anything ever be ac-
complished, discussion began upon the best means of doing
so. The Act provides that “if any railroad company shall
neglect to begin or complete the work apportioned to it by
the said commissioners, the said commissioners on behalf of
the city may do and finish the work, and recover the cost
from the company in default.” To carry on the work under
that provision it would be necessary first to secure the ap-
pointment of a commission to apportion the cost and receive
their report as confirmed in court, probably after the delay
consequent on an appeal. Then to do the work by contract,
for which the city would have to provide the money in the
first instance; then sue the defaulting railroad companies
to recover the proportion allotted to each, and these claims
would probably be contested to the court of last resort. Even
after judgment had been obtained there would still be some
difficulty, perhaps doubt, about recovering the money ad-
vanced by the city. To avoid all this delay it was suggested
that, acting under the provision of the law, the city might
do the work with the consent of the railroad companies,
issue bonds to pay for the work, the railroads entering into
agreements to repay to the city the amounts of their propor-
tions of the cost in twenty annual payments with interest atRAILROAD GRADE CROSSINGS.
249
the rate paid by the city. It was like giving an extension of
time to debtors who could not pay in full on demand, but who
were willing to pay if time were afforded them. The Grade
Crossings Commissioners decided to adopt that arrange-
ment, but before doing so they sought the consent and ap-
proval of the Mayor and Common Council. A report of the
propbsed agreement and the reasons therefor was submitted
to the Council, with estimates of the cost of the work to be
done and paid for by the city, and repaid by the railroads as
follows:
Erie Railroad.......................................$ 917,594 00
Western New York & Pennsylvania Railroad ....	323,253 00
New York, Chicago & St. Louis Railroad.............. 123,000 00
Total............................................$1,363,847 00
The Board of Aldermen, Oct. 28, 1895, adopted the fol-
lowing resolution:
“Resolved, That the proposed action of the Grade Crossings
Commissioners in extending the time of payment by the New York,
Lake Erie & Western Railroad Company, and the New York, Chi-
cago & St. Louis Railroad Company, of the moneys to be expended
by the city in doing that part of the work which it is proposed to
allot to said companies respectively, pursuant to the Grade Cross-
ings Act, be approved, as is also the proposed agreement that the
city provide the money for this purpose by issuing its bonds; the
company agreeing to pay the city the same rate of interest as shall
be borne by the bonds.”
The resolution was approved by the Board of Council-
men and the Mayor.
These difficult matters having been arranged, a contract
was made, Feb. 8, 1896, with the Erie Railroad Company,
upon the same terms and conditions as the contract with the
New York Central, except that the city will pay for the
work in the first instance and the railroad company will
repay the outlay in twenty annual payments with interest;
and also that the viaduct in Louisiana Street will not be
built until one year after the construction of the viaduct in
Chicago and Seneca streets.
On the same day, Feb. 8, 1896, a contract was entered250
ABOLITION IN BUFFALO OF
into with the Buffalo Creek Railroad upon the same terms
and conditions as the contract with the New York Central.
On the 7th day of June, 1896, a contract was entered into
with the New York, Chicago & St. Louis Railroad Company,
upon the same terms and conditions as the contract with the
Erie Railroad Company.
There now remained only the Western New York &
Pennsylvania Railroad Company, and the Union Terminal
Railroad Company. It is as difficult to speak of these com-
panies as being two as it is to consider them as being one.
When in court, the latter company had an existence in fact;
out of court, in fact it did not exist. The property it owned
as a railroad company is used, perhaps owned, by the West-
ern New York & Pennsylvania Railroad Company; except-
ing a strip which crosses Elk Street and the Abbott Road;
and the portions of that ^strip which abut on these streets
have been deeded to a private individual; so the company
claims that it is not interested in or liable for any part of the
cost of the viaducts. A partial contract, omitting these two
crossings for the time being, was entered into Dec. 10, 1896,
with the Western New York & Pennsylvania Railroad Com-
pany, so that it is now possible to go on with all other im-
provements under the general plan. The terms and condi-
tions of the contract are the same as with the Erie Railroad,
except as in the exchange of property with the West Shore
Railroad Company the New York Central Railroad Com-
pany agreed to pay $100,000 towards the part of this work
to be done by the Western New York & Pennsylvania Rail-
road Company, this amount to be paid for work done under
the contract.
I cannot refrain* from quoting the remark made by the
attorney for the commissioners to the attorney for the com-
pany immediately after the exchange of contracts: “Permit
me to congratulate you .	.	. upon having delayed this
contract as long as possible.”	,
Having disposed of all the preliminaries, we now arrive
at the period of actual work. In March, 1895, the New York
Central contracted with Dwyer & Huntington for the con-
struction of the improvement through the Terrace, the workRAILROAD GRADE CROSSINGS.
251
to be completed by October ist the same year. On the 6th
of April, Pascal P. Pratt began proceedings in the Supreme
Court to enjoin the contractors and the New York Central
from doing the work, and a temporary injunction was
granted. May 2d the order was vacated and set aside. An
appeal was taken by Mr. Pratt, and the final order of the
General Term, denying the injunction, was entered October
31st, one month after the improvement was to have been
completed. Work was begun immediately, but was consid-
erably delayed by cold and storming weather during the
winter months.
The excavation was mostly through beach sand and
gravel, and partially through filled-in material. Hewed
logs with plank covers and bottoms were found ten feet
under ground at Main Street, showing that the street had
been so much lower at one time. The rumors of large sums
of money buried under the spot where the old Liberty Pole
once stood, dwindled to a few copper coins of the year 1836.
The improvements at Washington Street and through the
Terrace were completed about Nov. 1, 1896.
The city contracted with Dwyer & McNaughton, May 7,
1895, for the approach work in Washington, Main, and
Michigan streets. Work was begun in Michigan Street May
22d, and was to have been completed in October of the same
year, but unlooked-for delays occurred, and the viaduct was
not opened for traffic until June, 1896. In excavating for
foundations at the Michigan-street crossing of the New
York Central an old board fence was discovered eight feet
under ground, and just north of Exchange Street a great
bed of tan bark three feet thick was encountered.
The cost of construction in Michigan Street, Washington
and Main streets, and through the Terrace, was $265,116.52;
of which the railroads paid $228,546.00, and the city paid
$36,570.52. The awards paid for lands taken amounted to
$157,668.67; of which the railroads, paid $105,112.45, and
the city paid $52,556.22. There are claims for consequen-
tial damages to properties on Main, Washington, and
Michigan streets which will be awarded by a commission
appointed by the Supreme Court; and these when deter-252
ABOLITION IN BUFFALO OF
mined, will be paid one half by the railroad and one half by
the city.
Work has just begun1 upon the viaduct in Chicago
Street, extending from Seneca Street to beyond the Ham-
burg Canal; being carried over Carroll Street, over the
freight tracks of the New York Central, and the West Shore
railroads; over Exchange Street, with an approach down
to that street; over the main passenger tracks of the New
York Central and the Erie railroads; and over the Ham-
burg Canal. The cost of construction will be $177,319.28,
of which the railroads will pay $131,663.51, and the city will
pay $45,655.77. The awards for lands taken amounted to
$192,305.86; of which the railroads pay $126,203.95, and
the city pays $64,101.89.
Work has also just begun upon the subway to carry
Clinton Street under the tracks of the Erie Railroad. The
cost of construction will be $125,313.15; of which the rail-
road will pay $111,604.00, and the city will pay $13,709.15.
Bids have been received for a viaduct in Seneca Street
and Smith Street, with an approach in Fillmore Avenue.
This structure will carry the street over the tracks of the
Erie Railroad in Smith Street, and in Seneca Street near
Smith; and also over the tracks of the Buffalo Creek, the
Western New York & Pennsylvania, and the New York,
Chicago & St. Louis railroads, a short distance further east
on Seneca Street. The estimated cost of the structure is
$3°9>I50-00; of which the railroads will pay about $232, -
000.00, and the city about $77,150.00.
Plans are being prepared for a viaduct in Seneca Street
and in Hamburg Street, to carry these streets over the tracks
of the New York Central, the West Shore, the Western New
York & Pennsylvania, and the Erie railroads.
Plans are also being prepared for a viaduct to carry Elk
Street over the tracks of the Lake Shore Railway, and also
Elk Street and the Abbott Road jointly over the tracks of the
Erie Railroad.
Plans are also being prepared for a subway to carry
Swan Street under the tracks of the New York Central,
1. April, 1897.RAILROAD GRADE CROSSINGS.
253
West Shore and Western New York & Pennsylvania rail-
roads.
When all the work included in the present plan has been
completed, it will be possible to travel out Seneca Street from
Main Street to the city line, or down Hamburg Street to
Elk Street and thence out Elk Street and the Abbott Road to
the city line, without encountering a single railroad track
on grade. All the streets which are crossed by the tracks
of the New York Central Railroad from Swan to William
streets inclusive, will be carried under the railroad, the
tracks being raised an average of seven feet above their
present elevation.
According to the estimates of Engineer George Mann—
and I may say that his estimates on the work already com-
pleted have been singularly accurate—the work under the
present plan will cost, in round numbers, $4,500,000.00; and
he estimates that of this amount the city will pay $750,000.00,
and that making the most liberal estimates for consequential
damages the entire cost to the city should not exceed
$1,000,000.00, as against $5,000,000.00 to be expended by
the railroad companies.
In conclusion, it is fitting that honor should be paid to
the memories of the Hon. Solomon S. Scheu, who died in
1888, and of James E. Nunan, who died in 1891; Grade
Crossings Commissioners whose services were invaluable to
the city of Buffalo, whose sound judgments and solid good
sense were appreciated by their associates, and whose names
will be perpetuated upon the bronze tablet soon to be placed
in a conspicuous part of the Buffalo Grade Crossings Im-
provement.
Note—In the eight years that have elapsed since Mr. Adam prepared the
foregoing history, the work of abolishing the grade crossings has gone on.
Since May 22, 1895, thirty-seven structures have been completed, which, with
the closing of streets, have eliminated sixty-five crossings at grade. Five struc-
tures are yet to be built to complete the General Plan of the Commission. The
cost of completed structures, to the spring of 1905, has been as follows:	Right
of way work, $500,000, borne by the railroads; construction, $824,693.96, borne
by the city; $3,005,555.08, borne by the railroads, a total of $3,830,249.04;
lands bought, $292,697.86 by the city, $575>254*94 by the railroads, a total of
$867,952.80. The grand total of cost, including right of way, construction and
lands bought, is $5,198,201.84, of which the city pays 21.5 per cent., amounting354
ABOLITION OF GRADE CROSSINGS.
to $1,117,391.82, and the railroads 78.5 per cent., amounting to $4,080,810.02.
To these figures are to be added the consequential damages, amounting to
$2,035,244.91, of which $1,055,101.84 are apportioned to the city, and $980,143.07
to the railroads. Including the consequential damages, the total cost of the
work to the spring of 1905, has been $7,233,446.75. The estimated cost of
structures to be completed, is $233,152.36, of which $60,885.79 is apportioned to
the city, and $172,266.57 to the railroads. There have been constructed fifteen
viaducts, spanning seventeen crossings; eighteen subways, under nineteen cross-
ings, and four foot-bridges. Twenty-five streets have been closed. By these
means seventy grade crossings have been abolished; three more will be done
away with by work now included in the General Plan.
In a statistical summary prepared by Chief Engineer Edward B. Guthrie, in
March, 1905, after the foregoing and other data are given, is the following
statement:	“While insufficient time has elapsed to appreciate the full benefit
of this improvement, it is of interest to note the decrease in fatal accidents to
others than railway employes at grade crossings in the city, notwithstanding
the fact that for the latest period mentioned below some of the structures were
not commenced. For thirty-one months in each of the periods there were:
From Jan. 1, 1890, to Aug. 1, 1892, fifty-five fatal accidents. From May 1,
1902, to Dec. 1, 1904, twenty-four fatal accidents, a difference of thirty-one.”
Mr. Adam’s history notes the death of several of the commissioners. Sub-
sequent to the close of his chronicle, Commissioner George Sandrock died,
Feb. 12, 1902; Commissioner Charles A. Sweet died Oct. 1, 1903; and Chair-
man Robert B. Adam died June 30, 1904. Secretary William J. Morgan died
Sept. 5, 1900; on Sept. 21, 1900, John B. Weber was elected secretary. Engi-
neer George E. Mann died Oct. 2, 1897, and was succeeded, Oct. 9, 1897, by
Edward B. Guthrie, the present chief engineer. On Feb. 16, 1905, Messrs.
Charles F. Bishop, John Esser, Andrew Langdon, Wm. P. Northrup and Henry
Schaefer were appointed commissioners by the court; and on Feb. 21, 1905,
Augustus F. Scheu was elected chairman of the board.IMPROVEMENT
Mi-LIAM Sf.	___________:____ ,, ......... WILLIAMSpencer Clinton, Attorney.	Jas. Ryan.	Aug. F. Scheu. H. D. Kirkover.	John B. Weber. Geo. E. Mann, Engineer.
Chas. A. Sweet. George Sandrock. Robert B. Adam, Chairman. Frederick Kendall. William J. Morgan.1888 to 1905
All structures shown on Map are built to Spring, 1905, except those
marked “A” which are yet unfinished.