Borough Ordinance for Western Maryland Railway

Editor's Note: The following is from Meyersdale Area Historical Society's newsletter, "Back Tracks," Winter 2002 edition.

At the time negotiations were going on for the construction of the Western Maryland Railway, 1910 to 1912, from Cumberland to Connellsville, the Meyersdale Borough Council had the foresight to write an ordinance to protect the beauty and safety of the Borough. An article written by the late Paul Fuller is among his papers at the Meyersdale Area Library which recounts how this ordinance came about and how it offered protection to its citizens while promoting economic growth.

By Paul Fuller
Meyersdale Borough General Ordinance No. 37 granted certain rights to the Connellsville and State Line Railway Company to construct its railroad through the Borough of Meyersdale and across certain streets and alleys, and vacating certain streets and alleys, and prescribing certain conditions and restrictions, in regard to the construction, maintenance and operation of the same.

The Ordinance was enacted by the Town Council of Meyersdale on the first day of June, 1911, and was signed on that date by Valentine Gress, Council President, and W. A. Shoemaker, Secretary of Council. Burgess (Mayor) Joseph F. Reich attached his signature on June 12, 1911.

The Ordinance won approval only after a long and heated debate and difference of opinion as to whether the new rail line should be built through the town as had the B&O before it, or whether it should be built outside the town limits to the east. The Ordinance brought an end to the disagreements, with the railway winning.

The Ordinance, 10 pages, handwritten, gave the rail line the right to cross the streets affected at the necessary grades. Three bridges, two for vehicular traffic at North and High Streets, and a foot bridge at Broadway, were to be paid for and maintained in the future by the railroad.

A section of the ordinance was devoted to the Main Street crossing, in which it was made clear that the rail line would "plank the entire space between the rails of the tracks for the full width of the street and maintain the same in a good and safe condition, so as to allow teams and wagons and other vehicles to cross and re-cross the same without danger or hindrance. The said railroad company shall also keep and maintain an arc light in the middle of the street near the aforesaid grade crossing. The same is to be kept burning during the entire night and every night."

The railroad was also required by ordinance to keep and maintain a watchman at this crossing as soon as trains began to operate on the line, between the hours of 7 a.m. and 7 p. m., "whose duty it shall be to give due and timely warning of the approach of all trains and locomotives and to safeguard the public in crossing said tracks."

The Ordinance also had a provision that gave Council the authority to order the railroad to provide around-the-clock watchmen at this crossing if it were deemed necessary. (This later was done by the Council, and the Western Maryland at that time employed watchmen at the Main Street crossing around the clock.)

Other portions of the Ordinance provided authority to the Borough to lay water, sewer and surface drain lines under the railroad as required. Another section agreed that the Borough Council could if necessary set the speed of trains and locomotives through the borough and gave Council authority to enact ordinances to that effect.

Fences, to be paid for by the railroad, were required along the top of the cuts through the town from Main Street West to the Borough lines. The fences were necessary for pedestrian protection.

To make certain that the bridges and fences would be constructed and maintained properly, the railway provided a bond of $10,000 to the Borough.

Any refusal or failure of the railroad to comply with the terms of the ordinance would result in a forfeiture of all the rights, privileges and franchises granted by the ordinance. Ordinance No. 37, in its original handwritten form, is filed in the Borough Office.

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