Omaha daily bee., 1888-09-27
PRE.EMpTINC THE HIGHWAY.
The New York Lies Presumption
Of Seventeenth Street.
WHITLoCk'S STRANGE PERMIT.
He Accords Them the Privilege OF
Excavating Almost TO the Centre
ofthe Street for Their Boiler
and Engine.
The Power House Under Ground.

Tuesday morning several drivers and
teams with plows made their appearance on
Seventeenth street at the New York Life In.
surancc company's building and commenced
TO pillow up the street. They were followed
by a force of men with teams who began to
excavate to within eight feet of the middle Of
the street, a stretch which extended sixty
eight feet southwark from the alley north of
Farnam. The superintendent of THE BEE
building in course Of erection on the opposite
corner, directed Mr.. Rosewater's attention
to the matter and informed him that the ex-
cavation was being made to enable the Now
York Life people TO put their power house
under ground and under the street.
"There must be some mistake about this
said Mr.. Rosewater. at is not possible that
they have the right to excavate and occupy
the streets for such n purpose. I'll see and
put n stop to it,
This was at 5 o'clock in the evening and at
that time the excavation was nearly three
feet deep on an average.
MIR. Rosewater went to Mr.. ,Nhitlock, the
superintendent of buildings. That Official
informed him that he had issued n permit to
the New York Life people to make an eX-
cavation forty-two feet out from the building
line.
"How does it come y asked Mr. Rosewater,
that YOU gave to the New York Life people
SUCH IL permit 10 occupy tne street twenty
two feet beyond the curb line when you
would not allow us an area of two feet back
of our new building in the alley, which COM
PEELED us to change our plans and close up
windows which we had designed for light!n
That's another thing said Whitlock.
1--WE don't allow any projections IN the alley.
/ gave the permit to the Life insurance peo-
pie because they are putting up such IA costly
building.N
at seems them, said Mr.. Roscwater,
tfhnt ,itiznnC pf ntpnhn vyhN Ia, W, Innp hn,n
twenty-five years and helped to build up the
city are to be Disseminated against. We
have pretty nearly as good a building as they
have, but you have given them a privilege
which will seriously interfere with our con-
venience in the street without consulting us
or anybody else on the street or adjoining the
New York Life building"
We'll" said Mr.. Whitlock, 81 consulted
Mr.. Balcombe and several councilmen and
they thought IL was all right
Isn't this a dangerous precedent to set, to
let people put power houses into the street.
Have you ever permitted anybody else to do
this!'
mo, up to this time, we have only allowed
them to go to the curb line. The First Ma
tional bank has a boiler under the sidewalk,
and so have several others.n
That's all right" said Mr.. Rosewater.
81 should not object to their excavating I'M
der the sidewalk and using the space, but |
most decidedly object to your allowing the
streets to be torn up and used by anybody
opposite our building"
In the evening, several of the councilmen
who had gathered at the chamber expressed
their very great surprise that the building
inspector should allow the streets to be un-
dermined and occupied for any purpose.
Chairman Balcombe denied that Whitlock
had had any conversation with him on the
subject, or at least he could not recall such q
conversation and was equally surprised with
the others that the street was to be torn up
Mayor Broatch said that it was an unwar-
rantable proceeding and the building in
spector should have consulted the council be-
fore allowing such a thing.
Ex-City Attorney Council, who was called
in, said that the ordinance left "a wide lee
way for the inspector. 1t was not expected
that he would exercise his power to such a
dangerous extent, and he would advise the
council to amend the ordinance and repeal
the clause that would permit the streets to be
used beyond the curbstone for anything ex,
cept for public use.
Mr.. Whitlock was unable to name more
than one councilman whom he claimed to
have consulted, and that was Mr.. kierstead.
Mr.. Kierstead, when called upon yester-
day, denied that he had ever had such a con-
versation.
Chief Galligan and the city engineer, who
are members Of the board and who have au
thority to issue permits, denied that Whit
lock had consulted them about the permit.
"Do they want the earth." asked an
upper Farnam street man yester-
'"J 'ASA WIN " ehto ~
departure or the New York Life. "They
fenced in the street to within three feet of
the horse car track before they started for u
distance of half q block, and actually went
so far as To sell advertising space on the
boards of their fence for two years in ad-
vance. They haven't had any use for this
fence for more than two months, but Whit
lock allows them to monopolize the street
with that unsightly board. They've had
Seventeenth street TO themselves, blockaded
with sheds and mountains of rubbish, which
should have been carried away long ago. We
appreciate, of course, the advantage Of hav-
ing foreign capital invested in Omaha, but
why should foreign capital and foreign con-
tractors have privileges which no citizen of
Omaha can get?'
Upon Investigation it was found that the
original plans did not contemplate a building
beyond the curb line, a year ago last spring,
before they began building, the New York
Life asked that the curb line be set back
from thirty to twenty feet. The council COM
piled with the request. The plan OF the
boiler and engine house covers an area of 42x-
Is feet which are to be all underground. There
were two permits issued, the. first one was
for twenty feet under the sidewalk. There
was no date to the last permit.
Mr.. Rosewater yesterday notified the con-
tractors to cease work so as to save expense,
until the matter could be settled by the coun-
cll or in the COURTS, but no attention was paid
to the notification.
Mayor Broatch yesterday instructed
Inspector WhItlock to have the work in eX-
cavation stopped until the council could act,
but at last reports it was still in progress.