Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-01-23
THE RAILWAY RIGHTS.
City Attorney Haas Views as TO
Fourth Avenue.
The Holmes Syndicate Has a COndi-
tiouai Right OF Way There...Will
the Council Respect

|
The ARGUS thinks it would not be a
wise idea to allow two different street car
lines right oil way on Fourth avenue.
| This means, OF course, that the ARGUS
favors giving an exclusive right to one
company only, and necessarily the COM
pany that has published the notice Of APPS
plication for right Of way as required by
law, and has presented the consent of the
owners of majority of the frontage. -
Union.
The ARGUS believes that necessarily
the council must give the Fourth avenue
right of way to the company that. having
fulfilled all the requirements of the law.
seeks the right il good faith. and with its
purpose unconcealed a1d clearly defined
| Under all circumstances, the company
seeking franchise at the hands of the
present Rock Island council. which has
| always evinced determination to prop.
| erly and zealously guard as we'll as 10 adj
vance all interests, may best expect to re-
ceive the franchise. Viewed from this
standpoint the Holmes syndicate seems to
have placed itself in the more favorable
light before the council. 1t has not only
plainly set forth the object of its trans
chise as being to extend its service out on
Ninth street to Eleventh avenue and
thereby reach new territory in &C
cordance with plan decided upon as
soon as 1t came to Rock Island, and has
set forth the time for which it wants the
ordinance to protect it, and has volun>
taIily agreed to forfeit the ordi>
nance it seeks in, the event of its
failure to have its proposed line in
operation to the entire satisfaction of the
council by June /. AS to how the line
shall be operated. how frequently cars
shall run, etc. the council has the privi-
lcge of specifying in the ordinance.
p On the other hand the Guyer syndicate
is indefinite. 1t does not set up for what
reason it seeks right of way on Fourth
avenue. or for how long or when it will
build or operate it should it secure the
franchise. 1t simply asks TO have and to
hold the right of way on Fourth avenue
from Eighteenth street to the west end
thereof. As to its route coming into the
city from the southeastern bluffs and
coming down Eighteenth street to First or
Second avenue. the purpose is more defin-
lite and calls for the most favorable en-
do-sement the council can give. But tn
Fourth avenue off shoot seems to be
without aim or end other than to block
the Holmes syndicate's proposed exten>
sion out on Ninth street to a district
equally as important to the city as that
in the new additions toward Moline.
In considering its duty as to granting
right of way privileges on Fourth avenue,
at least between Fifteenth and Fifth
streets, the council finds the situation
peculiar. The ARGUS has before stated and
a number of aldermen who have been in
the municipal body long enough to know,
have so held, that over that avenue be
tween the streets named the Holmes peo-
pie already have q conditional right of
way. The Guyer representatives have seen
ft to deny this. and have attempted to in.
form the council that it was mistaken in
the matter. With an aim to learn the
actual facts an ARGUS representative
sought City Attorney Hass' opinion this
morning. and it ought to be sufficient
authority to satisfy all concerned. He
said:
THE Holmes company does not hold
an ordinance for right of way privileges
On Fourth avenue west of Fifteenth
street, or it would not be seeking one
now, but it does hold conditional right
of way there. l have looked into this
thing thoroughly. and it appears that
when the council granted the new Moline
s. Rock Island company its ordinances a
little over year ago, provision was made
that within nine months from any time
the council should order. or that the
property holders should petition, the
Holmes company should build line
from the corner of Third avenue and
Fifteenth street. along Fifteenth street to
Fourth avenue and west to Fifth street.
Now there was an obligation exacted of
the street car company, and that
obligation hold and | think
the law will sustain me-implies
a right The Moline s Rock Island
company comes before tue council with
the petition of the property holders
and the council has the right TO order the
company to build the road. How the
council could, in a spirit of fairness, re-
fuse to authorize the Moline & Rock Isl,
and company TO build now, after with
holding the power to compel it to build
cannot see. The council has already
given the Moline & Rock Island compa,
ny an implied right there which Is as
binding as If it were expressed. The
council ought to act in good faith"
Mr. Haas was asked his opinion of the
suggestion that both companies be
granted rights of way on Fourth avenue,
and he said: II don't consider 1t would
be the part of policy or of wisdom.
No such steps on the part of the council
are necessary"