21

Fort Worth, Tex. March 3rd, 1908.

To the Board of Commissioners,
City,

Gentlemen:-

I call attention to the fact that part of the Fort Worth
and Crowley Road as the same has long been laid out, established,
graded and gravelled beginning at a point where the extension of
Lipscomb Street south from the south line of the Eighth Ward comes
near to the right of way of the Gulf, Colorado & Sante Fe Railway
Company and extending along the west line of said right of way
for some 400 feet has been closed up and is now within the
enclosure of one Mr. Brooks. There is no other street laid out,
graded or graveled or fixed for travel to supply the place of this
street so enclosed. It is my judgment that this enclosure has been
illegally made and in making the same the public's rights have
been ignored and that upon proper petition the District Court would
grant a mendatory injunction requiring the street to be opened. It is
true that upon a report of Mr. Davidson on a petition filed Dec.
16th, which report was made on the same day there was an order
entered upon the minutes,a copy of which is hereto attached.

From what I understand the intention of Mr. Davidson was
that the parties should not close the present street until they
had made a good crossing on the Sante Fe on the line of the
extension of Lipscomb Street and also removed the gravel from where
the road bed now is to the new street or at least made the new
street as good as the old one is. Instead of that it seems that
they have closed up the old and done nothing to the new. I suggest
that the City owes it to the public to take such steps as may be
necessary to immediately open the old street and keep it so at
least until interested parties make a new proper and sufficient
crossing at the other place suggested by the petition. It occurs
to me that a legal proceeding should be at once instituted for
the rights of the public are suffering. There are some features of